2001 March Council Proceedings
Regular Session, March 5, 2001
57
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DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, Monday, March
5, 2001
Council met in Regular Session at 6:30 P,M, in
the Public Library Auditorium
Present: Mayor Pro-Tem Markham, Council
Members Buol, Cline, Michalski (by telephone).
Nicholson, Robbins, Acting City Manager
Pauline Joyce, Corporation Counsel Barry
Lindahl.
Absent: Mayor Duggan, City Manager Michael
Van Milligen
Mayor Pro-Tem Markham read the cali and
slated this is the reguiar session of the City
Council called for the purpose of acting upon
such busineas which may properly come before
the Council.
Invocation was given by Msgr. David Wheeler
of St. Mary's Catholic Church.
.
CONSENT ITEMS
Minutes Submitted: Cable TV Regulatory
Commission of 2/14; Cabie TV
Teleprogramming Commission of 2/6; Civil
Service Commission of 1/18 and 2/2; City
Council Proceedings of 2/5 and 2/19; Five Flags
Commission of 1/15 and 2/19; Housing
Commission of 1/23; Library Board of 12/14,
presented and read. Buol moved that the
minutes be received and filed. Seconded by
Nicholson. Motion carried 6-0.
Proof of publication of Council Proceedings for
2/5 and 217, presented and read. Buol moved
that the proof be received and filed. Seconded
by Nicholson. Motion carried 6-0.
.
Notice of Claims/Suits: Kevin Ament in
estimated amount of $2,900.73 for vehicle
damage; Ryan Foley in estimated amount of
$700 for vehicle damage; Carol Friedman in
undetermined amount for personal injuries;
James and Mary Kress in estimated amount of
$2,580 tor property damage; Bili Meyer in
estimated amount of $102.29 for vehicle
damage; Richard Michels in estimated amount
of $314.98 for vehicle damage; Karla Schramm
in undetermined amount for vehicle damage,
presented and read. Buol moved that the claims
and suits be referred to the Legal Staff for
investigation and report. Seconded by
Nicholson. Motion carried 6-0.
Corporation Counsel advising the following
ciaims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa
Communities Assurance Pool: Robert C, Hood,
Jr. for personal injuries; Mackenzie Kylmanen
for personal injuries; Gene A. Kramer for vehicle
damage; Kelly Larson for vehicle damage; Lois
Link for personal injury; Kim Mesch for vehicle
damage; Monte Carlo Restaurant tor loss of
business; Wiliiam A. Moore for vehicle damage;
Nona Nigg for vehicle damage; Brian C. Noel for
vehicle damage; Mary Oglesby for personal
injury; Karla Schramm for vehicle damage; State
Farm Insurance Companies for Timothy Grass
for vehicle damage; Susan Walgamuth for
vehicle damage, presented and read, Buol
moved that the communications be received and
filed and concurred with the dispositions.
Seconded by Nicholson. Motion carried 6-0,
Corporation Counsel recommending denial of
the claim of Kathleen M. Kane for tire damage,
presented and read. Buol moved that the
communications be received and filed and
concurred with the recommendation. Seconded
by Nicholson, Motion carried 6-0.
Corporation Counsel recommending
settlement of the claims of Linda Sanford in the
amount of $174.85 for vehicle damage; Cindy
Hanten in the amount of $10.00 for property
damage, and that the Finance Director be
directed to issue the appropriate check,
presented and read. Buol moved that the
communication be received and filed and
authorize the Finance Director to. issue the
checks. Seconded by Nicholson. Motion carried
6-0.
Patricia Ann Drive Extension: Communication
from Lloyd S. Gudenkauf requesting final
approval and acceptance of the Patricia Ann
Drive extension project, presented and read.
Buol moved that the communicalion be received
and filed and referred to the City Manager.
Seconded by Nicholson. Motion carried 6-0.
Request to Purchase - Mechanics Lot 138:
Communication from Robert Cartmill, 505
Napier Street, requesting to purchase
Mechanics Lot 138 from the City of Dubuque,
presented and read. Buol moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Nicholson. Motion carried 6.0.
Community Development Advisory
CommiSSion: Communication from Sister Lynn
58
Regular Session, March 5, 2001
Marie Fangman advising that she will not be
reapplying for a position on the Community
Development Advisory Commission, presented
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 6-0.
Iowa Department of Economic Development:
Communication from the Iowa Department of
Economic Development advising of an
amendment to the City's HOME Investment
Partnership Program Master Contract and
Funding Agreement, presented and read. Buol
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 6-
O.
Dubuque Golf and Country Club: Letter of
appreciation from Donald H. Kelliher, General
Manager of the Dubuque Golf and Country Club,
for the City Council's support of their request to
reassign stop signs at Bradley end Rider
Streets, and Perry and Rider Streets, presented
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 6-0.
Senate File 168: Communication of City
Manager to area legislators urging their
opposition to S.F. 168 which addresses the
granting of additional cable television franchises
in Iowa communities, presented and read. Buol
moved that the communications be received and
filed and concurred. Seconded by Nicholson.
Motion carried 6-0.
Senate File 31 and House File 4:
Communication of City Manager to area
legislators advising that the City of Dubuque
does not support new mandates regarding the
taxing authority of cities as proposed in SF 31
and HF 4, presented and read. Buol moved that
the communications be received and filed and
concurred. Seconded by Nicholson. Motion
carried 6-0.
Plastic Center, Inc. - Acceptance of Warranty
Deed:
RESOLUTION NO. 77-01
ACCEPTING WARRANTY DEED FOR REAL
ESTATE IN DUBUQUE COUNTY, IOWA FROM
PLASTIC CENTER INC.
WHEREAS, Plastic Center Inc. owns the
following described real property in Dubuque
County, Iowa (the Property):
Lot 1 of City Lot 524 (except the Northerly 11
feet and 4 inches of the Easterly 51 feet and 7
Inches). Lot 2 of City Lot 524, Lot 1 and Lot 2 of
City Lot 525, City Lot 526 and City Lot 527, all in
the City of Dubuque, Iowa, except that part sold
to the State of Iowa by Warranty Deed recorded
as Instrument No. 8652-1989,. according to the
United States Commissioners' Map and the
recorded plats thereof (excluding approximately
3,000 square feet, more or less, to the south of
such property over which Seller has an
easement)
AND WHEREAS, Plastic Center Inc has
delivered a Warranty Deed to the Property to the
City of Dubuque.
AND WHEREAS, the City Council of the City
of Dubuque desires to accept the Deed to the
Properly on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
The City Council of the City of Dubuque
hereby accepts the Warranty Deed to the
Properly from Plastic Center Inc. The City Clerk
is hereby directed to record a copy of the Deed
and this Resolution with the Dubuque County
Recorder.
Passed, approved and adopted this 5'" day of
March,2001.
John H. Markham, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
Penalties for Tobacco Permit Holders: City
Manager recommending that a hearing be set
for March 19, 2001 for twelve businesses for
underage tobacco sales, and communication of
James M. Heckmann, representing the Midway
Hotel, waiving the right to a public hearing and
submitting payment in the amount of $300 in
satisfaction of the maximum civil penalty that
could be assessed at the hearing, presented
and read. Buol moved that the communication
be received and filed and set hearing for
3/19/01. Seconded by Nicholson. Motion carried
6-0.
Local Housing Assistance Program Award:
City Manager recommending approval of a
contract with the Iowa Department of Economic
Development for a Local Housing Assistance
Program (LHAP) award in the amount of
$100,000, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 6-0.
Iowa Inn Rehabilitation Project: City Manager
recommending the publication of a combined
notice of no significant impact on the
environment and notice of intent to request
release of funds for the Iowa Inn Rehabilitation
project, presented and read. Buol moved that
the communication be received and filed.
Seconded by Nicholson. Motion carried 6-0.
Regular Session, March 5, 2001
59
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RESOLUTION NO. 78-01
A RESOLUTION AUTHORIZING PUBliCA-
TION OF A COMBINED NOTICE OF FiNDING
OF NO SIGNIFICANT IMPACT ON THE
ENVIRONMENT AND NOTICE OF INTENT TO
REQUEST RELEASE OF FUNDS FOR IOWA
INN REHABILITATION PROJECT
Whereas, the City of Dubuque entered into a
Granl Agreement for the Fiscal Year
commencing July 1, 2000, with the U.S.
Department 01 Housing and Urban
Development, providing for financial assistance
to the City under Title I of the Housing and
Community Development Act of 1974, as
amended; and
Whereas, pursuant to the rules and regulations
as promulgated by the U.S. Department of
Housing and Urban Development, an
environmental review has been processed for
the Iowa Inn Rehabilitation project; and
Whereas, based on said environmental review,
the Department of Community and Economic
Development has determined that said project
will have no significant impact on the
environment; and
Whereas, a combined notice of " Finding of
No Significant Impact on the Environment" and
of "Intent to Request Release of Funds" for said
project will be sent by regular mail to various
federal, state and local public agencies; to the
appropriate Regional Office of the
Environmental Protection Agency, to the HUD
Area Office and to the local news media,
individuals and groups known to be interested
and believed to be appropriate to receive such a
notice; and
Whereas, any and all comments received as a
result of such notice will be duly considered
before proceeding with a Request for Release of
Funds and Certification.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCil OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Clerk be and is hereby
authorized and directed to publish a combined
Notice of Finding of No Significant Impact on the
Environment and Notice of Intent to Request
Release of Funds for the Iowa Inn Rehabilitation
project and to make the Environmental Review
Record for said project available for public
inspection and comment until 5:00 p.m. on
March 26, 2001. Such notice shall be in the form
of Exhibit "A" attached hereto and made a part
hereof.
Section 2. That the environmental review
record for the project shall be placed on file in
the Office of the City Clerk where said record
may be examined and copied by any interested
party.
Section 3. That the Mayor of the City of
Dubuque is hereby authorized and directed to
submit to the U.S. Department of Housing and
.
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Urban Development fifteen (15) days after
publication or appropriate notice a Request for
Release of Funds to undertake the said project.
Section 4. That the Mayor of the City of
Dubuque is hereby authorized to consent to
assume the status of a responsible federal
official under the National Environmental
Protection Act, insofar as the provisions of the
said Act apply to the U.S. Department of
Housing and Urban Development
responsibilities for review, decision making, and
action assumed and carried out by the City of
Dubuque as to environmental issues.
Section 5. That the Mayor of the City of
Dubuque is hereby authorized to consent
personally, in his official capacity and on behalf
of the City of Dubuque, to accept the jurisdiction
of the federal courts if an action is brought to
enforce responsibilities in relation to
environmental review, decision making and
action.
Section 6. That the Mayor of the City of
Dubuque be and he is hereby authorized and
directed to execute a certification pertaining to
the environmental review procedures.
Passed, approved and adopted this 5'" day of
March, 2001.
John H. Markham, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
Administrative Services I Financial Agreement
Between the City and Oelta Dental: City
Manager recommending approval of an
Administrative Services and Financial
Agreement between the City and Deita Dental
Plan of Iowa for administration of the City's
dental plan, presented and read. Buol moved
that the communication be received and filed
and approved recommendation. Seconded by
Nicholson. Motion carried 6-0,
National Main Street Center - Grant Request:
City Manager recommending approval of a
request from the City of Dubuque and Dubuque
Main Street, ltd., to the National Main Street
Center for a consultation grant for the Downtown
Vision process, presented and read. Buol moved
that the communication be received and filed
and approved recommendation. Seconded by
Nicholson. Motion carried 6-0,
land and Water Conservation Fund Grant
Application for Riprow Valley Recreation Area:
City Manager recommending approval of a land
and Water Conservation Fund (lWCF) grant
application from the Iowa Department of Natural
Resources for the Riprow Valley Recreation
Area, presented and read. Buol moved that the
communication be received and filed and
60
Regular Session, March 5, 2001
approved recommendation. Seconded by
Nicholson. Motion carried 6-0,
Section II Application
LAND AND WATER CONSERVATION FUND
PROJECT PROPOSAL
RESOLUTION NO, 79-01
RESOLUTION ON ACQUISITION OR DEVEL-
OPMENT FOR OUTDOOR RECREATION
County: Dubuque
Whereas, the City of DUbuque Is interested in
acquiring lands or developing outdoor
recreational facilities on the following described
project for the enjoyment of the citizenry of
Dubuque and the State Iowa.
Project Title: Riprow Valley Recreation Area
Total Estimated Cost: $730,734
Brief Description of Project: Site preparation
and development of four softball fields on the
site 01 a former sulfur production plant. The
development area borders the blufflands of the
Riprow Valley and the Mississippi River.
Land and Water Conservation Fund financial
assistance is required for the acquisition or
development of said outdoor recreational
facilities.
NOW THEREFORE, be it resolved by the City
of Dubuque that the project described above be
authorized.
be it further resoived that said City of Dubuque
make application to the Iowa Department of
Natural Resources to seek Land and Water
Conservation Fund financial assistance from the
National Park Service in the amount of 24% of
the actual cost of the project in behalf of said
City of Dubuque.
be it further resolved that said City of Dubuque
certifies to the following:
1. That it will accept the terms and con@ions
set forth in the NPS Grants-in-Aid Manual and
which will be a part of the Project Agreement for
any grant awarded under the attached proposal.
2. That it is in complete accord with the
attached proposal and that it will carry out the
acquisition and/or development in the manner
described in the proposai and any plans and
specifications attached thereto unless prior
approval for any change has been received from
the Iowa Department of Natura! Resources.
3. That it has the ability and intention to
finance its share of the cost of the project and
that the project wili be operated and maintained
at the expense of said City of Dubuque for public
outdoor recreational use.
4. That no financial assistance has been given
or promised under any other federal program or
activity with regard to the proposed project.
5. That it will not discriminate against any
person on the basis of race, color, or natural
origin in the use of any property or failure
acquired or developed pursuant to this proposal
and shall comply with the terms and intent of the
Title VI of the Civil Rights Act of 1964, P.L. 88-
352 (1964), and of the regulations promulgated
pursuant to such Act by the Secretary of the
Interior and contained in 43 CFR 17.
6. That it will maintain adequate financial
records on the proposed project to substantiate
claims for cost4sharing.
THIS IS TO CERTIFY that the foregoing is a
true and correct copy of a resolution duly and
legally adopted by the City Council at a legal
meeting held on this 5th day of March, 2001.
John H. Markham, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
Internet Banking: City Manager recomrnending
that the Administrative Services Manager,
Finance Director and Assistant Finance Director
be authorized to utilize Internet Banking on
behalf of the City, presented and read. Buol
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 6-
O.
RESOLUTION NO. 80-01
RESOLUTION AUTHORIZING CERTAIN
DESIGNATED FISCAL OFFICERS OF THE
CITY OF DUBUQUE TO UTILIZE INTERNET
BANKING ON BEHALF OF THE CITY OF
DUBUQUE, IOWA
Whereas, the City of Dubuque has established
several bank accounts with local financial
institutions; and
Whereas, the City of Dubuque fiscal officers
review financial transactions periodically with the
financial institutions; and
Whereas, the City can improve access to
information via Internet Banking; and
Whereas, the City Council has determined that
the fiscal officers who may utilize Internet
Banking on behalf 01 the City of Dubuque are
the Administrative Services Manager, Finance
Director, and Assistant Finance Director.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The Administrative Services Manager, Finance
Director, and Assistant Finance Director are
hereby authorized to utilize Internet Banking on
behalf of the City 01 Dubuque.
Regular Session, March 5, 2001
61
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Passed, approved and adopted this 5" day
of March, 2001.
John H. Markham, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
Civil Service Certification:
.
February 28, 2001
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 1999
Code of Iowa, an examination for the position of
Water Distribution Foreman was conducted on
February 13, 2001. We hereby certify that the
following individuals have passed this writlen
examination and the vacancy for this position
shouid be made from this list and that this list is
good for two (2) years from above date.
WATER DISTRIBUTION FOREMAN
Ken Massey
Thomas Kopp
Brian Kohn
Paul Herman
Respectfully submitted:
/s/ Laras J. Kluesner, Chairperson
/s/ Merle J. Duehr, Jr.
/s/ Richard Wertzberger
Civil Service Commission
Buol moved that the above Civil Service
certification for the position of Water Distribution
Foreman be made a matter of record. Seconded
by Nicholson. Motion carried 6-0.
Project Concern - Purchase of Service
Agreement: City Manager recommending
approval of an amendment to the Purchase of
Service agreement with Project Concern, Inc.,
presented and read. Buol moved that the
communication be received and filed and
concurred with the recommendation. Seconded
by Nicholson. Motion carried 6-0.
Business License Refund: Request of Mulgrew
Oil Company for a refund of their beer and liquor
license in the amount of $50.00, presented and
read. Buol moved that the communication be
received and filed and approved request.
Seconded by Nicholson. Motion carried 6-0.
Business Ucenses:
.
, RESOLUTION NO. 81-01
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 this 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
Molo Oil Co. Big 10 Mart
+(Sunday Sale) 210 JFK RD
Passed, approved and adopted this 5th day
March, 2001.
John H. Markham, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 82-01
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 "B"(HOTEUMOTEL)
BEER/LIQUOR LICENSE
Dubuque Lodging Inc. Days Inn+
(Sunday/Outdoor Sale) 1111 Dodge St
CLASS "C" (COMMERCIAL)
BEER/LIQUOR LICENSE
Cue Master Limited Cue Master
Billiards+(Sunday Sale) 900 Central Ave
Enke investment' Finney's Bar & Grill
+(Sunday Sale) 2155 Southpark Ct
Yardarm,lnc The Yardarm+
(Sunday/Outdoor Sale) 1201 Shiras Ave
Galaxies Inc. Galaxies+
(Sunday Sale) 3203 Jackson St
Passed, approved and adopted this 5th day of
March,2001
John H. Markham, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
PUBLIC HEARiNGS
Michalski moved that the rules be suspended
to allow anyone present to address the Council.
Seconded by Nicholson. Motion carried 6-0.
62
Regular Session, March 5, 2001
Oak Street Sanitary Sewer Extension Project:
Proofs of publication on notice of hearing on
plans and specifications, and notice to bidders
on the receipt of bids, and City Manager
recommending award of the contract to
Tschiggtrie Excavating in the amount of
$106,092, presented and read. Buoi moved that
the proofs and communication be received and
filed. Seconded by Nicholson. Motion carried 6-
O.
RESOLUTION NO, 83-01
RESOLUTION ADOPTING PLANS AND
SPECIFICATIONS
Whereas, on the 31" day of January, 2001,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Oak Street Sanitary
Sewer Extension Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUOUE, iOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 5'" day of
March, 2001.
John H, Markham, Mayor Pro-Tem
Attest: Jeanne F, Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson, Motion carried 6-0.
RESOLUTION NO, 84-01
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Oak Street
Sanitary Sewer Extension Project pursuant to
Resolution No. 38-01 and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa on the 9th day of February,
2001.
Whereas, said sealed proposals were opened
and read on the 22nd day of February, 2001,
and it has been detenmined that the bid of
Tschiggfrie Excavating of Dubuque, Iowa, in the
amount of $106,092,00 was the lowest bid for
the furnishings of all labor and materials and
pertorming the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Tschiggfrie Excavating and the
Manager be and is hereby directed to execute a
contract on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER P.E~O'-VED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 5'" day of
March, 2001 .
John H. Markham, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resoiution.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 85-01
RESOLUTION WITH RESPECT TO THE
ADOPTION OF THE RESOLUTION OF
NECESSITY PROPOSED FOR THE OAK
STREET SANITARY SEWER EXTENSION
PROJECT
Whereas, the City Council has proposed a
Resolution of Necessity for the Oak Street
Sanitary Sewer Extension Project, has given
notice 01 the public hearing thereon as required
by law; and
Whereas, the public hearing has been heid, all
persons offering objections have been heard
and consideration given to all objections and is
pending before this Council; and
Whereas, this is the time and place set as
provided for the taking of action on the proposed
Resolution of Necessity,
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity
described above is hereby:
X Adopted, without amendment, and all
objections fiied or made having been dUlly
considered are overruled.
Adopted as amended by the Schedule of
Assessments attached hereto as Exhibit A, and
made a part hereof by reference. Ail objections
filed or made having been duiy considered are
overruled.
Deferred for later consideration to a City
Council meeting to be held on the _ day of
, , next at 6:30 p.m. in , with
jurisdiction retained for further consideration and
action at the adjourned meeting,
Abandoned.
Passed, adopted and approved this 5" day of
March,2001.
John H, Markham, Mayor Pro-Tem
Attest: Jeanne F, Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
Amendment to Stout Piace Urban
Revitalization District (Iowa Inn Project): Proof of
publication on notice of hearing to consider an
Regular Session, March 5, 2001
63
.
amendment to the Stout Place Urban
Revitalization District (Iowa Inn Project), City
Manager recommending approval of an
amendment to the Stout Place Urban Renewal
District to extend the duration for three years
and an amendment to the Fiscal Year 2001
Community Development Block Grant Annual
Action Plan to provide for the allocation of
unanticipated CDBG revenue to the
rehabilitation of the Iowa Inn, presented and
read. Buol moved that the proof and
communication be received and filed. Seconded
by Nicholson. Motion carried 6-0.
.
Attorney Robert Day for the Dubuque
LandlordsD Assn. spoke in opposition to this
project and requested that Mayor Duggan
excuse himself from voting. Dan LoBianco of
Dubuque Main St. spoke in favor of the project
and endorses MetroPlains. Terry Mozena of the
Dubuque Historic Preservation Comm. spoke in
support. Scott Dalsing for himself a~d
representing Premier Bank spoke in suPpo.rt of
the development and loan. Terry Sullivan of the
Dubuque Are Chamber of Commerce spoke in
favor of the project and loan. Lou Koethe of the
Dubuque Landlord Assn. spoke In opposition.
John Walsh, as a private citizen, spoke in
support of the project.
An Ordinance Amending City of Dubuque
Ordinance establishing the Stout Place Urban
Revitalization Area as an Urban Revitalization
Area pursuant to Chapter 404 of the Code of
Iowa, presented and read.
.
OFFICIAL PUBLICATION
ORDINANCE NO. 13-01
AN ORDINANCE AMENDING CITY OF
DUBUQUE ORDINANCE #12-98
ESTABLISHING THE STOUT PLACE I IOWA
INN URBAN REVITALIZATION AREA TO
EXTEND THE DURATION OF THE URBAN
REVITALIZATION PLAN
Whereas, the City of Dubuque Ordinance #12-
98 established the Stout Place Urban
Revitalization Area; and
Whereas, the Stout Place Urban Revitalization
Area Plan's duration will expire on March 16,
2001; and
Whereas, due to a change in property
ownership and resultant delay in rehabilitation of
the Stout Place (Iowa Inn) development, an
amendment to the Stout Place Urban
Revitalization Plan is necessary to extend the
duration of the plan; and
Whereas, a public hearing has been held on
this amendment to the Stout Place Urban
Revitillzation Plan, and all other requirements of
the Iowa Code Chapter 404 have been met.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Amended Stout Place I Iowa
Inn Urban Revitalization Plan hereto attached is
hereby adopted and the properties within said
described area shall be subject to the provisions
of said Plan.
Passed, approved and adopted this 5'" day of
March,2001.
John H. Markham, Mayor Pro.Tem
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 9'" day of March, 2001.
Attest: Jeanne F. Schneider, City Cierk
1\ 3/1
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 Nicholson. Motion carried 6-0.
RESOLUTION NO. 86-01
RESOLUTION APPROVING AMENDMENT 3
TO THE FISCAL YEAR 2001 ( PROGRAM
YEAR 2000) ANNUAL ACTION PLAN FOR
COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS.
Whereas, the City of Dubuque has prepared
and filed with the U.S. Department of Housing
and Urban Deveiopment an Annual Action Plan
for Fiscal Year 2001 (Program Year 2000); and
Whereas, the City has amended the Annual
Plan on August 21, 2000 and December 4,
2000; and
Whereas, the City now desires to amend said
Annual Plan to recognize receipt of additional
income and to allocate funds as per the attached
Exhibit A; and
Whereas, said amendment is a substantial
amendment as provided in the City's Citizen
Participation Plan and must therefore be
approved by resolution of the City Council after
a public hearing by the Community Development
Advisory Commission; and
Whereas, the City advertised a public
comment period beginning January 14, 2001;
and
Whereas, the Community Development
Advisory Commission reviewed the proposed
amendment at a public hearing on February 15,
2001, and has voted to approve said
amendment and to recommend approval by the
City Council.
64
Regular Session, March 5, 2001
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Amendment 3 10 the Fiscal
Year 2001 (Program Year 2000) Annual Action
Plan for the Community Development Block
Grant Program hereto attached as Exhibit A is
hereby approved.
Section 2. That the City Manager is hereby
authorized and directed to submit a copy of this
resolution to the U. S. Department of Housing
and Urban Development.
Passed, approved and adopted this 5th day of
March, 2001.
John H. Markham, Mayor Pro-Tem
Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
Nicholson moved that the rules be reinstated
limiting discussion to the Council. Seconded by
Suo!. Motion carried 6-0,
ACTION ITEMS
Final Plat - Slack 3 of Oak Meadows Second
Addition: City Manager recommending approval
of the final plat of Block 3 of Oak Meadows
Second Addition, presented and read. Buol
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 6-
O.
RESOLUTION NO. 87-01
A RESOLUTION APPROVING THE FINAL
PLAT OF BLOCK 3 OF OAK MEADOWS
SECOND ADDITION, IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a final plat of Block 3 01 Oak Meadows
Second Addition, in the City of Dubuque, Iowa;
and
Whereas, upon said final plat appears private
streets 10 be known as Deerwood Circle (Lot A)
and Doe Court (Lot B), together with certain
utility easements; and
Whereas, upon said final plat appears a public
street known as Brunskill Road (Lot C) together
with certain public utility, sanitary sewer, water
main and access easements which the Qwner(s)
by said final pia! have dedicated to the public
forever; and
Whereas, said plat provides 0 feet 01 frontage
for Lot 3 and Lot 5, where 60 feet is required by
Section 42-19(b) of the Subdivision Regulations;
and
Whereas, the conceptual plan has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon, subject to the owners agreeing to the
conditions noted in Section 3 below; and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it, except
that no streets or public utilities have yet been
constructed or installed.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Brunskill
Road (Lot C) together with the easements for
public utilities, sanitary sewer, and water mains
as they appear upon said final piat, be and the
same are hereby accepted.
Section 2. That Section 42-19(b) of the
Subdivision Regulations is waived to allow Lot 3
and Lot 5 to have 0 feet of frontage, where 60
feet of frontage is required.
Section 3, That the final plat of Block 3 of Oak
Meadows Second Addition is hereby approved
and the Mayor and City Clerk are hereby
authorized and directed to endorse the approval
of the City of Dubuque, Iowa, upon said final
plat, provided the owners of said property herein
named, execute their written acceptance hereto
attached agreeing:
(a) To reduce Deerwood Circle (Lot A) and
Doe Court (Lot B) to grade and to hard surface
with asphaltic concrete, or with concrete paving,
and to install storm sewers and catch basins, in
conformance with the City of Dubuque Private
Street Standards and Guidelines, and in
conformance with construction improvement
plans approved by the City Engineer, through
the City's site plan review procedure, and to
complete said improvements in each phase,
upon completion of 80% of the individual
dwelling units.
To install sanitary sewer and water mains in
accordance with the City of Dubuque standard
specifications, and in accordance with
construction improvement plans approved by the
City Engineer, and inspected by the City
Engineer.
To install water service laterals into each
individual dwelling unit and a sewer service
Regular Session, March 5, 2001
65
.
lateral to each building, all in accordance with
the City of Dubuque standard specifications.
(d) To construct a storm water detention
facility in a manner acceptable to the City
Engineer in accordance with the improvement
plans approved by the City Engineer, through
the City's site plan review procedure, and to
complete the construction of said detention
facility upon completion of 60% of the units in
Phase III, but in no event later than four (4)
years from the date of this resolution.
Temporary erosion control facilities shall be
installed, as needed, prior to the completion of
the storm water detention facilities.
(e) To construct said private improvements, as
each phase of the development is approved
through the City's site plan review procedure, at
the sole expense of the owners, or future owner;
and
(1) To maintain the public improvements in
Section 3(b), for a period of two (2) years from
the date of the acceptance of those
Improvements by lhe City of Dubuque, Iowa, at
the sole expense of the owners, or future owner.
And, further provided that James Stock, as
owner of said property, shall secure the
performance of the foregoing public
improvements in Section 3(b) as each phase is
developed, provided in this Section by providing
guarantees in such form and with such sureties
as may be acceptable to the City Manager of the
City of Dubuque, Iowa.
Section 4. Sidewalk installation shall be the
responsibility 01 Jim Stock Realty and
Construction, including lots with multiple
frontages, as required by Ordinance No. 60-00.
The responsibility shall extend to all successors,
heirs and assignees.
Section 5. That the streets located in Block 3
of Oak Meadows Second Addition in the City of
Dubuque, Iowa, shall be private streets open to
the public as shown upon the plat; and further
providing that the City may enter such streets to
provide necessary emergency services or other
services or duties which it may be obligated by
law to perform on the premises; that the City
may enter the street and perform necessary
maintenance whenever the owner fails to do so,
and assess all costs to the owner or assigns,
and that the Owner shall provide the City with a
hold harmless agreement for these streets.
Section 6. That the final acceptance of all
public improvements shall occur upon
.
.
certification of the City Engineer to the City
Council that all publiC and private improvements
have been completed in accordance with the
improvement plans and City standard
specifications and accepted by City Council
Resolution.
Section 7. That in the event James Stock,
owner, fails to execute the acceptance and
furnish the guarantees provided in Section 3(b)
hereof within 180 days aher the date of this
Resolution, the provisions hereof shall be null
and void and the acceptance of the dedication
and approval the plat shall not be effective.
Passed, approved and adopted this 5th day of
March, 2001.
John H. Markham, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
Amendments to the Historic Preservation
Ordinance: Communication of the Historic
Preservation Commission and the Preselllation
Task Force recommending amendments to the
Historic Preservation Ordinance, presented and
read. Nicholson moved that the communication
be received and filed. Seconded by Michalski.
Motion carried 6-0.
An Ordinance Amending Chapter 25 (Historic
Preservation) of the Code of Ordinances or the
City of Dubuque, presented and read. Nicholson
moved that this be considered the second
reading of this Ordinance. Seconded by
Michaiski. Motion carried 6-0.
City Assessor's Office: City Manager
recommending that separate offices be
maintained for the City Assessor and the County
Assessor, presented and read. Nicholson moved
that the communication be received and filed
and concurred with the recommendation.
Seconded by Cline. Motion carried 6-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Leasing of Golf Carts: City Manager
recommending approval of a lease between the
City and Harris Golf Cars for forty golf carts,
presented and read. Buol moved that the
communication be received and filed and
recommendation approved. Seconded by
Robbins. Motion carried 6-0.
RESOLUTION NO. 88-01
FIXING DATE OF HEARING ON
GOLF CART LEASE AGREEMENT
66
Regular Session, March 5, 2001
WHEREAS, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval to lease golf carts for the Bunker HiiI
Goll Course.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, lOW A, that on the 19th day of
March, 2001, 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 Lease
Agreement and cost of said Lease Agreement,
and the City Clerk be and is hereby directed to
cause a notice of time and place of such hearing
10 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 10 the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed Lease Agreement, or estimated cost
of the Lease Agreement.
Passed, approved and adopted this 5th day of
March, 2001,
John H. Markham, Mayor Pro- Tem
Attest: Jeanne F, Schneider, City Clerk
Buol moved adoption of the Resolution and set
this for Hearing for 3/19/01 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 Robbins. Motion carried 6-0.
There being no further business Buol moved
to adjourn. Seconded by Robbins. Motion
carried 6-0. The meeting adjourned at 7:16 P.M.
/s/ Jeanne F. Schneider
City Clerk
/J;
2001
2001
CowiCil Members
;Jl c> 1
~44d'/:~/A~
City Clerk
Special Session, March 6, 2001
67
.
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, March 6, 2001
Council Met at 6:30 P.M. in the Public Library
Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Markham, Michalski (by telephone),
Nicholson, Robbins, City Manager Michael Van
Milligen, Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is
a Special Session of the City Council called for
the purpose of conducting a Public Hearing on
the Fiscal Year 2002 Budget and Five Year
Capital Improvement Program.
.
Proofs of Publication on Notice of Public
Hearing on Budget Estimate for Fiscal Year
2002 and Notice of Public Hearing on Five Year
Capital Improvement Program beginning July 1,
2001 through the fiscal year ending June 30,
2006, communication from the Historical
Preservation Commission and communication of
the City Manager regarding the Fiscai Year 2002
Budget, presented and read. Nicholson moved
that the proofs and communications be received
and filed. Seconded by Markham. Motion carried
7-0.
Nicholson moved to suspend the rules to
allow anyone present to address the Council if
they so desire. Seconded by Markham. Motion
carried 7-0.
.
Public input and discussion on departments in
the following order: Parking Division - no
comments; Finance Department - no comments:
City Manager's Office - no comments; City
Council. no comments; City Clerk's Office - no
comments: Legal Department - no comments;
Airport Department - no comments; Water
Pollution Control ~ no comments; Library ~ no
comments; Building Services Department. no
comments; Civic Center . no comments;
Recreation Division . no comments; Park
Division . no comments; Information Services
Department - no comments; Cable TV Division.
no comments; Community/Economic
Development Department . no comments;
Planning Services Department. no comments;
Housing Services Department . no comments;
Human Rights Department - no comments;
Water Department. no comments; Operations
and Maintenance Department . no comments;
Engineering Division - Steve Mosiman of 1000
Clarke Drive, Gary Hansen of 2186 Hogdgon
Street, Ron Marfilius of 2154 Hogdgon and Don
Marxen of 506 Clarke Drive spoke in favor of
opening the Hogdgon Street Steps as soon as
possible; Transit Division . no comments;
Purchase of Services no comments;
Emergency Communications Center no
comments; Emergency Management . no
comments; Fire Department - no comments;
Health Department - no comments; and Police
Department . no comments. Public input and
discussion on the Five Year Capital
Improvement Program ~ no comments.
Markham moved that the public hearing
portion of the Budget be closed. Seconded by
Nicholson. Motion carried 7-0.
City Manager Van Milligen stated there might
be savings from other City projects at the end of
the current fiscal year and that Council could
look at replacing the Hogdgen Street Steps at
that time. There was consensus by Council that
this should be looked at. Council Member
Nicholson asked that the consultant services for
the update of the Zoning Ordinance be a priority
in the Fiscal Year 2003 budget if that work is not
accomplished by staff during the current year.
Council Member Michalski stated she would like
the Historic Preservation Planner position be
seriously looked at and that staff be directed to
work on funding possibilities and to develop a
comprehensive job description.
RESOLUTION NO. 89-01
A RESOLUTION ADOPTING THE ANNUAL
BUDGET, AS AMENDED, FOR THE FISCAL
YEAR ENDING JUNE 30, 2002
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the annual budget, as
amended, for the fiscal year ending June 30,
2002, as set forth in the Adoption of Budget and
Certification of Taxes summary and supporting
state budget forms and in the detailed budget in
support thereof showing the revenue estimates
and appropriation expenditures and allocations
to programs and activities for said fiscal year is
adopted, and the City Clerk is directed to make
the filings required by law and to set up the
books in accordance with the summary and
detaiis as adopted.
Passed, approved and adopted this 6" day of
March, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 90-01
ADOPTION OF FIVE YEAR
CAPITAL IMPROVEMENT PROGRAM
68
Special Session, March 6, 2001
Whereas, a recommended five year Capital
Improvement Program for the period beginning
July 1, 2001, and ending June 30, 2006, for the
City of Dubuque has been prepared and
submitted to the City Council; and
Whereas, the five year Capital Improvement
Program: (1) describes specific capital
improvement projects; (2) provides estimated
costs lor those projects; (3) proposes sources of
funds for each of them; and (4) schedules the
year during which each project will be
undertaken; and
Whereas, the capital improvement projects for
the first year are included in the Fiscal Year
2002 budget for the City of Dubuque; and
Whereas, the five year Capital Improvement
Program will be reconsidered annually by the
City Council and appropriately revised; and
Whereas, the adoption of the five year Capital
Improvement Program is a prudent measure to
provide continuity of programs and is in the best
interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the five year Capital
Improvement Program for the period beginning
July 1, 2001, set out in the Fiscal Year 2002.
2006 Recommended Capital Improvement
Budget, is hereby approved, and adopted as the
proposed allocation of the City resources for
capital improvements as scheduled in the years
shown, subject to annual review and revision.
Passed, approved and adopted this 6th day of
March, 2001,
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, Ci1y Clerk
Nicholson moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0.
RESOLUTION NO. 91-01
A RESOLUTION ADOPTING THE PROGRAM
YEAR 2001 (FISCAL YEAR 2002)
COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) BUDGET
Whereas, the City of Dubuque has, through a
series of publiC meetings and hearings, finalized
a Program Year 2001 (Fiscal Year 2002)
Community Development Block Grant budget
addressing both housing and non-housing
needs in the community; and
Whereas, copies of the draft Program Year
2001 CDBG budget have been available for
public comment 30 days prior to City Council
action; and
Whereas, 1he City's Community Development
Advisory Commission has recommended the
adoption of this budget.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Program Year 2001 (Fiscal
Year 2002) Community Development Block
Grant budget attached hereto and by this
reference made a part hereof is hereby adopted.
Section 2. That the City Manager is hereby
authorized and directed to prepare and to submit
to the U.S. Department of Housing and
Development the Program Year 2001 (Fiscal
Year 2002) Annual Action Plan for the use of
Community Development Block Grant funds
based on this adopted budget.
Passed, approved and adopted this 6th day of
March,2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption 01 the Resolution.
Seconded by Markham. Motion carried 7-
An Ordinance Amending the City of Dubuque
Code of Ordinances Section 44-83(a)(2)
Establishing the schedule of sewer rates, and
Section 44.83(a)(3)g. Establishing the minimum
sewer charge, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 14-01
AN ORDINANCE AMENDING THE CITY OF
DUBUQUE CODE OF ORDINANCES
SECTION 44-83(a)(2) ESTABLISHING THE
SCHEDULE OF SEWER RATES AND
SECTION 44-83(a)(3)g. ESTABLISHING THE
MINIMUM SEWER SERVICE CHARGE
NOW, THEREFORE, BE IT ENACTED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. Section 44-83(a)(2) of the City of
Dubuque Code of Ordinances is amended to
read as follows:
Section 44.83 Established:
(a) Commencing with all billings on and after
July 1, 2001, contributors whose property lies
within the corporate limits of the City, except as
othenwise provided in this Division, shall pay to
the City at the same time payment for water
services is made, a sewer service charge
computed on water consumption on the
following rates:
(1) Basic Charges: The sewer rates and
charges shall be based on the quantity of water
used on or in the property or premises. For all
customers utilizing sewer service, bills will be
issued on estimated consumption. For estimated
billings, either on alternate months, or when a
reading on a water meter is nat obtainable for
Special Session, March 6, 2001
69
.
any reason consumption will be predicated on
the monthly average of the past usage for the
metered account. For estimated bills issued for
an account in which historical data is not
available, billing will be predicated on the
minimum charge and related consumption
identified in subsection (a)(3)g of this Section for
the size of the water meter in service for the
particular account.
(2) Schedule of Rates: Rates per each one
hundred (100) cubic feet $1.57.
Section 2. Section 44-83(a)(3)g of the City of
Dubuqua Code of Ordinances is
Amended to read as follows:
(3) Service Charge:
.
g. Where the quantity of water consumed is
such that the minimum service is charged, the
minimum sewer service charge, according to the
size of the meter, shall be as follows:
Meter Size Minimum Allowance
(Inches) Charge (Cubic Feet)
5/8 $ 3.14 200
3/4 $ 7.85 500
1 or larger $ 12.56 800
Section 3. This Ordinance shall take effect on
July 1, 2001.
Passad, approved and adopted this 6th day of
March, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Pubiished officially in the Telegraph Herald
newspaper this 16th day of March, 2001.
Jeenne F. Schneider, City Clerk
113/16
Markham moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the three
Ordinances. Seconded by Nicholson. Motion
carried 7.0.
.
OFFICIAL PUBLICATION
ORDINANCE NO. 15-01
AN ORDINANCE AMENDING CITY OF
DUBUQUE CODE OF ORDINANCES
SECTION 40-37 PARAGRAPH (a)
ESTABLISHING CHARGES FOR THE
COLLECTION AND DISPOSAL OF SOLID
WASTE AND RECYCLABLE MATERIALS
INCREASING THE MONTHLY FEE FROM
$7.44 PER DWELLING UNIT PER MONTH TO
$7.50.
NOW, THEREFORE, BE IT ORDAINED BY
CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Section 40-37(a) of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
Sec. 40-37. Charges-Amounts: Exceptions:
(al Class I premises. Except as qualified
below, a fee of seven dollars and fifty cents
($7.50) per dwelling unit per month shall be paid
to the City by the property ownar of each Class I
premises for such services. Said fee shall be in
payment for collaction and disposai of solid
waste and recyclable materials as defined.
Exceptions to the collaction charges for Class I
premises are as follows:
(1) When a Class I pramisas has been vacant
for a period not less than thraa (3) consecutive
months, the ownar may appiy to the City
Manager for a credit under procedures to be
established by the City Manager. Such credit
shall continue only so long as the Class I
premises is vacant.
(2) Class I premises when the head of the
household is sixty-five (65) years of age or
older and has an annual income equal to or less
than the income standards used by HUD for its
'Section Eight (8) Housing Program" for one and
two (two) person households may, upon
application to the City Manager, be exemptad
from one-half (0) the established collection
charge. After the initial application, annual
application shall be made by the head of
household on Juiy 1 of each year to verify
annual income and eligibility.
(3) In cases of extreme financial hardship, the
City Manager may, and is hereby authorized
and empowered to, make adjustments in the
monthly collection charges as the City Manager
may deem appropriate. In such cases, the City
Manager shall have the authority to require such
proof of vacancy, financial status, age or
extreme hardship as the City Manager may
deem necessary.
Section 2. This ordinanca shall take effect on
the first day of July, 2001.
Passed, approved and adopted this 6th day of
March, 2001.
Terrance M. Duggan, Mayor
Attast: Jeanne F. Schneider, City Clerk
Published officialiy in the Telegraph Herald
newspaper this 16th day of March, 2001.
Jeanne F. Schneider, City Clerk
1t 3116
Markham movad 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
suspanded and further moved linai
consideration and passage of the three
Ordinancas. Secondad by Nicholson. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 16-01
AN ORDINANCE AMENDING CITY OF
DUBUQUE CODE OF ORDINANCES
SECTION 2-21 ESTABLISHING THE
70
Special Session, March 6, 2001
COMPENSATION OF THE MAYOR AND
COUNCIL MEMBERS
NOW THEREFORE, BE IT ENACTED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. Sec. 2-21 of the City of Dubuque
Code of Ordinances is amended to read as
follows:
Sec. 2-21. Compensation.
(a) Effective January 1, 1997, the
compensation for the mayor shall be ten
thousand four hundred seventy-one dollars
($10,471.00) per annum, and the compensation
for council members shall be six thousand nine
hundred seventy-nine dollars ($6,979.00) per
annum.
(b) Effective January 1, 2002, the
compensation for the mayor shall be eleven
thousand doilars ($11,000) per annum, and the
compensation for council members shall be
eight thousand dollars ($8,000) per annum.
Section 2. This ordinance shail take effect
upon publication.
Passed, approved and adopted this 6th day of
March, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 16th day of March, 2001.
Jeanne F. Schneider, City Clerk
11 3/16
Markham moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finaily passed be
suspended and further moved final
consideration and passage of the three
Ordinances. Seconded by Nicholson. Motion
carried 7-0.
Communication from the City Manager
regarding the employee compensation package,
presented and read. Markham moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 92-01
APPROVING THE WAGE PLANS AND
COMPENSATION PACKAGES FOR
NON-BARGAINING UNIT EMPLOYEES FOR
FISCAL YEAR 2002, FISCAL YEAR 2003,
AND FISCAL YEAR 2004.
Whereas, the City of Dubuque "compensation
policy for professionals" is one of the priorities of
the City Counciljor Fiscal Year 2001; and
Whereas, many of the Department Manager
salaries are lower than the salaries for
comparable positions in similarly-sized cities;
and
Whereas, in order to address the salaries of
Department Managers and other professional
positions, a new Non-Bargaining Unit Wage
Plan for General Employee classifications, which
provides for a 5.50/0 differential between pay
steps and a 5.5% differential between salary
ranges, has been recommended by the City
Manager effective Juiy 1, 2002; and
Whereas, the City Manager has recommended
that the Non-Bargaining Unit Wage Plan for
General Employee classifications be increased
by 3% across-the-board effective July 1, 2001,
3% across-the-board effective July 1, 2002, and
2.5% across-the-board on July 1, 2003; and
Whereas, the City Manager has recommended
that the Non-Bargaining Unit Wage Plan for
Non-assigned classifications, with the exception
of Mayor, City Council Members, Assistant City
Attorney, City Solicitor and Airport Operations
Specialist, be increased by 3% across-the-board
effective July 1, 2001, 5.68% across-the-board
effective July 1, 2002, and 4.81 % across-the-
board effective July 1, 2003; and
Whereas, the City Council provides a
compensation package to non-bargaining unit
employees similar to the compensation package
to be received by bargaining unit employees;
and
Whereas, the proposed wage increases for
non.bargaining unit employees are consistent
with the wage increases to be received by the
empioyees represented by the Firefighters
Association bargaining unit.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
Section 1: That the Non-Bargaining Wage Pian
for General Employees and Non-Assigned
Classifications is hereby approved.
Passed, approved and adopted this 6th day of
March, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resoiution.
Seconded by Nicholson. Motion carried 7-0.
At 7:10 p.m. Nicholson moved to go into
closed session regarding property acquisition
(Iowa Code Chapter 21.5(1 )(j). Seconded by
Robbins. Motion carried 7-0.
At 7:12 p.m. Council reconvened the Special
Session stating that Staff had been given proper
direction.
There being no further business, Nicholson
moved to adjourn. Seconded by Markham.
Motion carried 7-0. The meeting adjourned at
7:13 p.m.
Is! Jeanne F. Schneider
City Clerk
Special Session, March 6, 2001
71
.
~\'J'\1.~
Council Members
Attest:
.
.
72
Special Session, March 19, 2001
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, Monday, March
19,2001
At 5:00 P.M. Council had dinner in the Second
Floor Rotunda of the Public Library.
At 5:38 P.M. Council convened for the Special
Session in the Public Library Auditorium.
Present: Mayor Duggan, Council Members Suol,
Cline, Markham, Michalski, Nicholson, Robbins,
City Manager Michael Van Milligen, Corporation
Counsel Sarry Lindahl.
Mayor Duggan read the call and stated this is
a special session of the City Council called for
the purpose of discussing designs for the Town
Clock Plaza.
Public Works Director Mike Koch and Kevin
Eipperta from the Durrant Group spoke.
Discussion ensued amongst the Council
Members about the opening of Town Clock
Plaza to traftic. Direction was given to Staff to
check the traffic volume and to develop cost
options,
Upon consensus this special session
adjourned at 6:28 P.M.
Isl Jeanne F. Schneider
City Clerk
,
Approved A~ / t:'
AdopteV /1. '7 /6
/'if::
2001
2001
r
~~~'"
Council Members
Regular Session, March 19, 2001
73
.
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, March 19, 2001
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Suol, Cline, Markham, Michalski, Nicholson,
Robbins, City Manager Michael Van Milligen,
Corporation Counsel Sarry Lindahl.
Mayor Duggan read the call and stated this is
the Regular Session of the City Council called
for the purpose of acting upon such business
which may properly come before the City
Council.
Invocation was given by Sr. Marilyn Schlosser,
OP, Chaplain, Mercy Medical Center.
.
CONSENT ITEMS
Minutes Submitted: Airport Commission of
2/26; Cable Community Teleprogramming
Commission of 3/6; City Council Proceedings of
2n, 2/15, 2/21, 2/26; 2127, 2/28, 3/5, and 3/6;
Historic Preservation Commission of 2/24;
Library Soard of 1/25; Joint City/County
Planning Committee of the Long Range
Planning Advisory Commission of 2/26; Park
and Recreation Commission of 2/13; Zoning
Soard of Adjustment of 2/22, presented and
read. Buol moved that the minutes be received
and filed. Seconded by Robbins. Motion carried
7-0
Proof of publication of Council Proceedings for
2/15, 2/19, and 2/21, presented and read. Suol
moved that the proof be received and filed.
Seconded by Robbins. Motion carried 7-0.
List of Claims and Summary of Revenues for
month ending January 31, 2001; City of
Dubuque Financial Reports for the month ending
February 28, 2001, presented and read. Suol
moved that the communications be received and
filed. Seconded by Robbins. Motion carried 7-0
.
Notice of Claims/Suits: Associates Home
Equity Services, Inc., Armella Meyer in
undetermined amount for property damage;
Kathleen McMullen in estimated amount
$193.88 'for vehicle damage; Mi-T-M Corp in
estimated amount of $1,304.81 for vehicle
damage; Public Improvement Claim of Reliable
Plumbing, Inc., for City Hall Remodeling Exterior
Work, presented and read. Suol moved that the
claims and suits be referred to the Legal Staff for
investigation and report. Seconded by Robbins.
Motion carried 7-0.
Corporation Counsel advising the following
claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa
Communities Assurance Pool: Kevin Ament for
vehicle damage; Ryan Foley for vehicle
damage; Carol A. Friedman for personal injury;
James and Mary Kress for property damage,
presented and read. Suol moved that the
communications be received and filed and
concurred. Seconded by Robbins. Motion
carried 7-0.
Corporation Counsel recommending denial of
the claims of Sill Meyer for vehicle damage and
Robert Michels for vehicle damage, presented
and read. Buol moved that the communication
be received and filed and concurred with the
recommendation. Seconded by Robbins. Motion
carried 7-0.
Corporation Counsel recommending
settlement of the claim of Kathleen McMullen in
the amount of $193.88 for vehicle damage and
that the Finance Director be directed to issue the
appropriate check, presented and read. Suol
moved that the communication be received and
filed and approved recommendation of
settlement and Finance Director to issue proper
check. Seconded by Robbins. Motion carried 7-
O.
Citizen Communication: Communication of Mr.
and Mrs. Peter J. Eisbach regarding repair of the
Hodgden Street Steps, presented and read.
Buol moved that the communication be received
and filed. Seconded by Robbins. Motion carried
7-0.
Iowa League of Cities: Communication from
the Iowa League of Cities advising that Sioux
City was chosen to host the 2004 League
meeting, presented and read. Suol moved that
the communication be received and filed.
Seconded by Robbins. Motion carried 7-0
Villa, Florence and Mountain Lane Sanitary
Sewer Acceptance: City Manager
recommending acceptance of the Villa, Florence
and Mountain Lane Sanitary Sewer Project in
the final contract amount of $179,767.53 and
approving the preliminary final schedule of
assessments, presented and read. Buo! moved
that the communication be received and filed.
Seconded by Robbins. Motion carried 7-0
RESOLUTION NO. 93-01
ACCEPTING IMPROVEMENT
Whereas, the contract for the Florence, Villa,
and Mountain Lane Sanitary Sewer Extension
74
Regular Session, March 19, 2001
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 at 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 at the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the Fiscal Year 1998
Sanitary Sewer Construction Fund In amount
equal to the amount of this contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 19" day of
March, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption 01 the Resolution.
Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 94-01
FINAL ESTIMATE
Whereas, the contract for the Florence, Villa,
and Mountain Lane Sanitary Sewer Extension
Project has been completed and the City
Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and a\l
miscellaneous costs;
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost at said improvement is
hereby determined to be $179,767.53.
Section 2. That $100,826.13 of the cost
thereat shall be assessable upon private
property and $78,941.40 shall be paid from the
Fiscal Year 1998 Sanitary Sewer Construction
Fund.
Passed, approved and adopted this 19" day of
March,2001.
Terrance M. Duggan. Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption at the Resolution.
Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 95-01
RESOLUTION APPROVING PRELIMINARY
FINAL SCHEDULE OF ASSESSMENTS
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached sheets, 1 to 1 inclusive, are
hereby determined to be the schedule of
proposed assessments for the Florence, Villa,
and Mountain Lane Sanitary Sewer Extension
Praieet and the valuations set out herein are
hereby approved.
Passed, approved and adopted this 19'h day of
March,2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
Olympic Heights - US 52 . Jackson Street
Drainage Improvements Phase II
Acceptance: City Manager recommending
acceptance at the Olympic Heights - US 52 .
Jackson Street Drainage Improvements. Phase
II Project in the final contract amount of
$63,307.91, presented and read. Buol moved
that the communication be received and tiled.
Seconded by Robbins. Motion carried 7-0
RESOLUTION NO. 96-01
ACCEPTING IMPROVEMENT
Whereas, the contract for the Oiympic Heights
US 52 Jackson Street Drainage
Improvements . Phase II (Flexsteel Pump
Station Augmentation) has been compieted 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. Thai the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the Fiscal Year 1999
General Fund In amount equal to the amount of
lhis contract, less any retained percentage
provided tor therein.
Passed, approved and adopted this 19th day
of March, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 97-01
FINAL ESTIMATE
Whereas, the contract for the Olympic Heights
- US 52.Jackson Street Drainage Improvements
Phase II (Flexsteel Pump Station
Augmentation) 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;
Regular Session, March 19, 2001
75
.
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 570.205.91 and the
said amount shall be paid from the Fiscal Year
1999 General Fund of the City of Dubuque,
Iowa.
Passed, approved and adopted this 19" day of
March, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption 01 the Resolution.
Seconded by Robbins. Motion carried 7-0.
Long Range Planning Advisory Commission:
Communication from Laura Carstens, Planning
Services Manager, advising of the resignation of
Steve Cooper from the Long Range Planning
Advisory Commission, presented and read. Buol
moved that the communication be received and
filed. Seconded by Robbins. Motion carried 7-0
.
Dakota, Minnesota and Eastern Railroad:
Communication of City Manager to Victoria
Rutson, Environmental Project Manager,
regarding the Dakota, Minnesota and Eastern
Railroad, presented and read. Buol moved that
the communication be received and filed.
Seconded by Robbins. Motion carried 7-0
Deer Management Plan: Communication from
the Environmental Stewardship Advisory
Commission and City Manager recommending
continuation of the deer management program
as outlined in the attached Deer Management
Plan, presented and read. Markham moved that
the communication be received and filed and
concurred with the recommendation for
continuetion of the plan. Seconded by
Nicholson, Motion carried 7.0.
Fiscal Year 2001 Annual Action Plan
Amendment #4: City Manager recommending
approval of Amendment #4 to the Community
Development Block Grant (CDBG) Fiscal Year
2001 Annual Action Plan to prOVide for
additional improvements to Flat Iron Park,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Robbins. Motion carried 7-0
.
RESOLUTION NO. 98-01
RESOLUTION APPROVING AMENDMENT 4
TO THE FISCAL YEAR 2001 (PROGRAM
YEAR 2000) ANNUAL ACTION PLAN FOR
COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS.
Whereas. the City of Dubuque has prepared
and filed with the U.S. Department of HQusing
and Urban Development an Annual Action Plan
for Fiscal Year 2001 ( Program Year 2000); and
Whereas, the City has previously amended the
Annual Action Plan on August 21, 2000,
December 4, 2000, and March 5, 2001; and
Whereas, the City now desires to amend said
Annual Action Plan to allocate funds as per the
attached Exhibit A; and
Whereas, said amendment is a non-
substantial amendment as provided in the City's
Citizen Participation Plan and must therefore be
approved by resolution of the City Council after
review by the Community Deveiopment Advisory
Commission; and
Whereas, the Community Development
Advisory Commission reviewed the proposed
amendment on March 8, 2001, and has voted to
approve said amendment and to recommend
approval by the City Council.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Amendment 4 to the Fiscal
Year 2001 (Program Year 2000) Annual Action
Plan for the Community Development Block
Grant Program hereto attached as Exhibit A Is
hereby approved.
Section 2. That the City Manager is hereby
authorized and directed to submit a copy of this
resoiution to the U. S. Department of Housing
and Urban Development.
Passed, approved and adopted this 19" day of
March, 2001 .
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
Renewal of Section 8 Program Contracts: City
Manager recommending approval for the
renewal of the annual contributions contract with
the US Department of Housing and Urban
Development (HUD) for expiring Section 8
Moderate Rehabilitation Program units,
presented and read. Buol moved that the
communication be received and filed and
concurred with the recommendation. Seconded
by Robbins. Motion carried 7-0.
US Army Corps of Engineers - Public Notice:
Notice from the US Army Corps of Engineers
regarding a proposed project by Peavey
Company to expand an existing commercial
docking facility on the Mississippi River,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Robbins. Motion carried 7-0
Business Licenses:
RESOLUTION NO. 99-01
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
76
Regular Session, March 19, 2001
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 this 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 10 cause to be
issued the following named applicants a Beer
Permit.
CLASS "B" (6 MONTH) BEER PERMIT
8th inning LLC 8~ Inning +
(Sunday /Outdoor Saie) 1 Admirai Sheehy Dr
CLASS "C" BEER PERMiT
Arcon, Inc Arby's Q Mart+
(Sunday Sale) 10 S Main St
Passed, approved and adopted this 19th day
March, 2001 .
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buoi moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 100-01
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 fiied 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
Lana Kaye Lugrain P.J.Tap +
(Sunday Sale) 500 Rhomberg
DBQ Racing Association DBO Greyhound
Park Casino+(Sunday/Outdoor Saie) 1855
Greyhound Park
Dave Robertson's Public Bar
+(Sunday Sale)
DBQ Order of Eagles #568
(Sunday Sales)
Kathleen Baumgartner
+(Sunday Sales)
Knights 01 Columbus #510
Coiumbus Council #510 +
The Busted Lift
180 Main St.
Eagles Club #568 +
1175 Century Dr.
Kat's Pub
1689 Eim St
Knights of
(Sunday Sales)
781 Locust
Passed, approved and adopted this 19~ day of
March, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Suol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
BOARDS/COMMISSIONS: Interviews for the
following Boards/Commissions: Civil Service
Commission (One Vacancy): Appiicant: Merle J.
Duehr, Jr.; Mechanical Code Board (Two
Vacancies): Applicants: David W. Grothe, Torn
W. Giese. No one spoke.
PUBLIC HEARINGS
Michaiski moved to suspend the rules to allow
anyone present to address the Council if they so
desire. Seconded by Markham. Motion carried
7-0.
2728 Asbury Road 0 Rezoning Request: Proof
of publication on notice of hearing to consider
rezoning property located at 2728 Asbury Road
(Calvary Baptist Church) from R-1 Single-
Family Residential District to OC Office
Commercial District, presented and read. Buoi
moved that the proof be received and filed.
Seconded by Robbins. Motion carried 7-0.
Mark Tressel, 308 Hill St. spoke proposing to
renovate these historical buildings.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 2728 Asbury Road
from R-1 Sing ie-Family Residential District to
OC Office Commerciai District, presented and
read.
OFFICIAL PUBLICATION
ORDINANCE NO.17-01
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 2728
ASBURY ROAD FROM R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT TO OC OFFICE
COMMERCIAL DISTRICT, WITH
CONDITIONS.
NOW, THEREFORE, BE IT ORDAiNED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City 01 Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter described property from R.1
Single-Family Residential District to OC Office
Commercial District, with conditions, to wit:
Lot 1 01 Lot 1 of Lot 2 of Saint Rose Piace, and
to the centerline of the adjoining public right-of
way, all in the city of Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Regular Session, March 19,2001
77
.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 19th day
of March, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 17-01
I, Robert Mace, Pastor, representing Calvary
Baptist Church, property owner, having read the
terms and conditions of the foregoing Ordinance
No. 17-01 and being famiiiar with the conditions
thereof, hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, Iowa this 15th day of
March, 2001.
By /s/ Robert Mace, Pastor
Calvary Baptist Church
ACCEPTANCE OF ORDINANCE NO. 17-01
We, Thomas Kane, Joseph Small and Mark
Tressel, representing Fountain Park, LLC,
having read the terms and conditions of the
foregoing Ordinance No. 17-01 and being
familiar with the conditions thereof, hereby
accept this same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 16th day of
March,2001.
FOUNTAIN PARK, LLC
By: /s/ Thomas Kane
/s/ Joseph Small
/s/ Mark Tressel
Published officially in the Telegraph Herald
newspaper this 23rd day of March, 2001.
Jeanne F. Schneider, City Clerk
1\ 3/23
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Robbins. Motion carried 7-0.
Residential Parking Permit District (Tabled at
December 4, 2000 Meeting): Nicholson moved
to remove the following item from the table.
Seconded by Michalski. Motion carried 7-0.
.
City Manager submitting various altematives
for a Residential Parking Permit District in the
Senior High School area and recommending
that a public hearing be set for May 7, 2001,
presented and read. Michalski moved that the
communication be received and filed and set
Public Hearing for 5n/Ol at a meeting to
commence at 6:30 P.M. in the Public Library
Auditorium and that the City Clerk publish notice
in the manner prescribed by law. Seconded by
Nicholson. Motion carried 7-0.
.
Leasing of Goif Carts: Proof of publication on
notice of hearing and City Manager
recommending approval of an agreement
between the City and Harris Golf Cars (Yamaha
Motor Corporation, U.S.A.) for leasing forty new
golf carts for a five year period at a cost of
$113,000, presented and read. Markham moved
that the proof and communication be received
and filed and recommendation approved.
Seconded by Nicholson. Motion carried 7-0.
Mississippi River Discovery Center Utility
Relocation Project: Proofs of publication on
notice of hearing on plans and specifications,
and notice to bidders on the receipt of bids, and
City Manager recommending award of the
contract for the Mississippi River Discovery
Center Utility Relocation Project to McDermott
Excavating in the amount of $369,864.65,
presented and read. Robbins moved that the
proof and communication be received and filed.
Seconded by Buo!. Motion carried 7-0.
RESOLUTION NO. 101-01
RESOLUTION ADOPTING PLANS AND
SPECIFICATIONS
Whereas, on the 14'h day of February, 2001,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Mississippi River
Discovery Center Utility Relocation Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 19~ day of
March,2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider
Robbins moved adoption of the Resolution.
Seconded by Buo!' Motion carried 7-0.
RESOLUTION NO. 102-01
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Mississippi
River Discovery Center Utility Reiocation Project
pursuant to Resolution No. 70-01 and notice to
bidders published in a newspaper published in
the City of Dubuque, Iowa on the 23rd day of
February, 2001.
Whereas, said sealed proposals were opened
and read on the 8th day of March, 2001, and it
has been determined that the bid of McDermott
Excavating of Dubuque, Iowa, in the amount of
$369,864.65 was the lowest bid for the
furnishings of all labor and materials and
78
Regular Session, March 19, 2001
performing Ihe work as provided for In the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUOUE,IOWA:
That the contracl for the above improvement
be awarded to McDermott Excavating and the
Manager be and is hereby directed to execute a
contract on behalf of the City of Dubuque tor the
complete performance at the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 19'M day 01
March, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the Resolution.
Seconded by Buol. Motion carried 7-0.
Robbins moved that the rules be reinstated
limiting discussion to the Council. Seconded by
Buol. Motion carried 7-0.
ACTION ITEMS
Hearing on Penalties for Tobacco Permit
Holders: City Manager recommending that
hearings be held on the assessment of a civil
penalty of $300 against Five Points Mart, 405
Rhomberg; Eagle's #130, 1800 Elm Street;
Hartig Drug, 157 Locust Street; Busted Lift, 180
Main Street; Cue Master Billiards, 900 Centrai
Avenue; Instant Replay, 1602 Central Avenue;
Madhatter's Inc., 1091 Main Street; Oky Doky
Foods, 1101 Rhomberg; Shannon's Bar & Grill,
521 East 220' Street; Grandview Milkhouse, 620
South Grandview; and Dubuque Inn, 3434
Dodge Street. presented and read. Buol moved
that the communication be received and tiled
and approved assessments. Seconded by
Nicholson. Motion carried 7-0.
Loan Program - Old Main Property and
Business Owners: City Manager recommending
development of a small business loan program
to assist Old Main business and property owners
affected by the order to vacate, presented and
read. Markham moved that the communication
be received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 7 -0.
Amendments to the Historic Preservation
Ordinance (Final Reading):
An Ordinance Amending Chapter 25 (Historic
Preservation) of the Code of Ordinances of the
City of Dubuque, said Ordinance having been
presented and read at the Council Meetings of
2/19/01 and 3/5/01, now presenled for final
action,
OFFICI!\'. PUBLICATION
ORDINANCE NO. 18-01
ORDINANCE AMENDING CHAPTER 25
(HISTORIC PRESERVATION) OF THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE
Whereas, the Historic Preservation
Commission has recommended amendments to
Chapter 25 (Historic Preservation Ordinance) of
the Code of Ordinances of the City of Dubuque,
at the direction of the Dubuque City Council; and
Whereas, the City Councii finds that the
recommended amendments to the Historic
PreseNation Ordinance are consistent with the
goals and objectives of the Comprehensive Plan
and the purpose and intent at the Historic
Preservation Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Chapter 25
Preservation Ordinance) of the
Ordinances of the City of Dubuque
amended as shown on Exhibit A.
Section 2. The foregoing amendment has
heretofore been reviewed by the Historic
Preservation Commission of the City of
Dubuque, Iowa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 19th day
of March, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Exhibit A
Chapter 25
HISTORIC PRESERVATION
Sec. 25-1. Purpose and intent.
Sec. 25-2. Definitions.
Sec. 25-3. Historic preservation commission
established; membership; term of office;
vacancies in office.
Sec. 25.4. Election of officers; organization;
rules and bylaws; conduct of meetings; record of
actions: attendance at meetings.
Sec. 25-5. Powers and duties generally;
procedures for operations.
Sec. 25-6. Identification and designation of
landmarks, landmark sites and historic districts.
Sec. 25.6.1. Langworthy Historic Preservation
District.
Sec. 25-6.2. Old Main Historic Preservation
District.
Sec. 25-6.3. Jackson Park Historic
Preservation District.
Sec, 25.6.4. Cathedral Historic Preservation
District.
(Historic
Code at
is hereby
Regular Session, March 19, 2001
79
.
Sec. 25-6.5. West Eleventh Street Historic
Preservation District.
Sec. 25-6.6. William M. Black Landmark.
Sec. 25-6.7. Dubuque City Hall Landmark.
Sec. 25-6.8. Dubuque County Courthouse
Landmark.
Sec. 25-6.9. Dubuque County Jail Landmark.
Sec. 25-6.10. Julien Dubuque Monument
landmark.
Sec. 25-6.11. Mathias Ham House Landmark.
Sec. 25-6.12. Shot Tower.
Sec. 25-7. Demolition of landmarks, landmark
sites or structures in historic districts; demolition
by neglect; certificate of economic non-viability.
Sec. 25-8. Alteration of landmarks, landmark
sites or structures in historic districts;
determination of no material effect; certificate of
appropriateness; review of preservation
alternatives; certificate of economic non-viability.
Sec. 25-9. Procedure for the review of plans;
application for certificate of appropriateness;
application for review of preservation
alternatives; application for certificate of
economic non-viability.
Sec. 25-10. Standards for review.
Sec. 25-11. Appeals from commission action.
Sec. 25-12. Inspection.
Sec. 25-13. Violations; penalties.
Sec. 25-1 . Puroose and intent.
The purpose of this chapter is to:
(A) Promote the educational, cultural,
economic and general welfare 01 the public
through the protection, enhancement and
perpetuation of districts, landmarks, and
landmark sites of prehistoric, historic,
architectural, archeological and cultural
significance;
(B) Safeguard the city's prehistoric, historic,
aesthetic, architectural, archeological and
cultural heritage by preserving districts,
iandmarks, and landmark sites of historical,
architectural and cultural significance;
(C) Stabilize and improve property values;
(D) Foster civic pride in the legacy of beauty
and achievements of the past;
(E) Protect and enhance the city's attractions
to tourists and visitors and the support and
stimulus to business thereby provided;
IF) Strengthen the economy of the city; and
(G) Promote the use of districts, landmarks,
and landmark sites of prehistoric, historic,
architectural, archeological and cultural
significance as sites for the education, pleasure
and welfare of the people of the city.
Sec. 25-2. Definitions.
For the 'purpose of this chapter, the following
words and phrases shall have the meanings
ascribed to them below.
Alteration: Any act or process which changes
the exterior architectural appearance of a
structure, site or area, including, but not limited
to, the erection, construction, reconstruction,
.
.
restoration, removal or demolition of any
structure or part thereof, excavation, or the
addition of an improvement.
Archeological significance: A determination
based on the following criteria:
The site is associated with events that have
made a significant contribution to, and are
identified with, or thai outstandingiy represent,
the broad cultural patterns of U.S. history and
from which an understanding and appreciation
of those patterns may be gained; or
The site is associated importantly with the lives
of persons nationally significant in U.S. history;
or
The site represents some great idea or ideal of
the American people; or
The site embodies the distinguishing
characteristics of an architectural type or
specimen exceptionally valuable for a study of a
period, style or method of construction, or that
represents a significant, distinctive and
exceptional entity whose components may lack
individual distinction; or
The site is composed of integral parts of the
environment not sufficiently significant by reason
of historical association or artistic merit to
warrant individual recognition, but collectively
compose an entity of exceptionally historical or
artistic significance, or outstandingly
commemorate or illustrate a way of life or
culture; or
The site has yielded or may be likely to yield
information of major scientific importance by
revealing new cultures, or by shedding light
upon periods of occupation over large areas of
the U.S. Such sites are those which have
yielded, or which may reasonably be expected
to yield data affecting theories, concepts and
ideas to a major degree.
Architectural significance: A determination
based on the following criteria: The structure(s)
is (are) the work of, or associated with, a
nationally or locally noted architect, architectural
firm, engineer, builder or craftsman; or
The structure(s) is (are) an example of a
particular period of architecture or architectural
style in terms of detail, material, method of
construction or workmanship, with no or
negligible irreversible alterations to the original
structure; or
The structure(s) is (are) one of the few
remaining examples of a particular architectural
style; or
The structure(s) is (are) one of a contiguous
group of structures which have a sense of
cohesiveness which is expressed through a
similarity of characteristics, a similarity of a style,
a similarity of period, a similarity of method of
construction or which accent the architectural
significance of the area.
Building Any structure used or intended for
supporting or sheltering any use or occupancy,
80
Regular Session, March 19, 2001
typically for any form of human activity. A
building also may refer to a historically and
functionally related unit, such as a courthouse
and jail or a house and barn. Examples of
buildings include: carriage house, church,
garage, hale;' house, library, school, shed, store
or theater.
Certificate of appropriateness. A document
issued by the historic preservation commission
indicating its approval of plans for an alteration
or activity which will:
(1) Create a material change in appearance, or
the removal or demolition, of a landmark,
landmark site or of a structure within a historic
district; and
(2) ReqUire a regulated permit.
Certificate of economic non-viability. A
document issued by the historic preservation
commission which acknowledges an exception
as herein defined and which authorizes an
alteration or activity:
(1) Which creates a material change in
appearance, or the removal or demolition, of a
landmark, landmark site or of a structure within a
historic district;
(2) Which requires a regulated permit and
(3) For which a certificate of appropriateness
has been or would be denied; however, a
certificate of economic non-viability shall be
issued only upon a showing that the property
owner will be deprived of any reasonable
economic return on the property if not allowed to
proceed with the requested alteration or activity.
Commission: The Dubuque Historic
Preservation Commission, as established by this
chapter.
District A definable geographic area that can
be distinguished from surrounding properties,
and which possesses a significant
concentration, linkage, or continuity of sites,
buildings, structures or objects united historically
or aesthelically by plan or physical development.
Demolition: Any act or process which destroys
in part or in whole a landmark or a structure.
Design guideline: A standard of acceptable
activity which will preserve the prehistoric,
historic, architectural, archeological and cultural
character of a building, district, landmark, site or
structure.
Determination of no material effect A
document issued by the cily manager or the city
managers designee indicating approval for any
normal repair or act of maintenance as defined
by this chapter, which:
(1) Is not an alteration, construction, removal,
demolition or excavation as defined by this
chapter;
(2) Does not create a material change In the
exterior architectural appearance or exterior
features of a structure or site; and
(3) Nonetheless does require a regulated
permit
Excavation: The digging out or removal of
earth, soil.
Exterior architectural appearance: The
architectural style and character and the general
composition and arrangement of the exterior of a
building or structure.
Exterior features: The architectural style and
the general design and arrangement of the
exterior of a structure, including, but not limited
to, the kind and texture of the building
material(s), and the type, styie and arrangement
of all windows, doors, light fixtures, signs and
other appurtenant elements, or the natural
features of a landmark, landmark site or
structure. In the case of outdoor advertising
signs, "exterior feature" includes the style,
material, size and location of the sign.
Historic district An area designated by
ordinances of the city council which:
(1) Has defined geographic boundaries;
(2) Contains contiguous pieces of property
under diverse ownership; and
(3) Is one or more of the following:
a. Significant to American history, architecture,
prehistoric or historic archaeology or culture; or
b. Possesses integrity of location, design,
setting, materials, workmanship, feel and
association; or
c. Associated with events that have been a
significant contribution to the broad patterns of
our prehistory or history; or
d. Associated with the lives of persons
significant with our past; or
e. Embodies the distinctive characteristics of a
type, period, or method of construction; or
f. Represents the work of a master; or
g. Possesses high artistic values; or
h. Represents a significant and distinguishable
entity whose components may lack individual
distinction; or
Has yielded, or may be likely to yield,
information Important to prehistory and history.
Historic significance: A determination based on
the following criteria:
(1) The structure(s) or site(s) has (have) a
strong association with the life or activities of a
person or persons who have contributed to or
participated in the historic events of the nation,
state or community; or
(2) The structure(s) or site(s) is (are)
associated with an association or group
(whether formal or informal) which has
contributed to or participated in historic events of
the nation, state or community; or
(3) The structure(s) or site(s) or object(s) is
(are) associated with an antiquated use due to
technological or social changes in the nation,
state or community, such as, but not limited to, a
biacksmith's shop or railroad trestle; or
(4) The sile(s) or object(s) is (are) a monument
to or a cemetery of historic personages.
Regular Session, March 19,2001
81
.
Improvement Any building, structure, parking
facility, fence, gate, wall, work of art or other
object constituting a physical betterment of real
property, or part of such betterment.
Integrity The original, unaltered or historically
altered appearance of a structure, site or area
when taken as a whole.
Landmark A property or structure designated
by ordinance of the city council pursuant to
procedures described herein, that is worthy of
preservation, rehabilitation or restoration
because of its prehistoric, historic, architectural,
archeological or cultural significance to the city,
the state or nation.
Landmark site: Any parcel of land of
prehistoric or historic archeological significance,
or historic significance due to its substantial
value in tracing the prehistory or history of
Native Americans, or upon which a historic
event has occurred, and which has been
designated as a landmark site under this
section, or an improvement parcel, or part
thereof, on which is situated a landmark and any
abutting improvement parcel, or part thereof,
used as and constituting part of the premises on
which the landmark is situated.
Material change of appearance: Any change,
alteration or modification of the external
architectural appearance or exterior features of
a building, improvement, structure or property
which is visible from the public way and for
which a regulated permit is required for
compliance with applicable local codes,
including, but not limited to:
(1) Changes in the exterior size, configuration,
fenestration or other structural features of the
property; or
(2) Construction or reconstruction; or
(3) Demolition; or
(4) Any alteration in the size, location or
appearance of any sign on the property; or
(5) Any excavation on property or the deposit
of any waste, fill or other material on property.
(6) For individual historic districts, the definition
of "material change in appearance" may be
expanded to include additional activities for
which a certificate of appropriateness is
required. Such additional activities shall be
delineated in the ordinance designating an
individual district or by amending the district
designating ordinance, in the case of a district
that has been previously designated.
Object: As distinguished from buildings and
structures, objects are those constructions that
are primarily artistic in nature or are relatively
small in scale and simply constructed. Aithough
it may be, by nature or design, movable, an
object is associated with a specific setting or
environment. Examples of objects include:
fountain, milepost, monument, sculpture or
statuary.
.
.
Owner of record: Any person, firm, corporation
or other legal entity listed as owner on the
records of the County Recorder of Dubuque
County.
Preservation alternatives: Financial incentives
and restoration alternatives sufficient for the
property owner to earn a reasonable economic
return. Financial incentives include, but are not
limited to, financing, tax credits, tax abatements,
preservation grants or other similar incentives.
Restoration alternatives include, but are not
limited to, different materials, techniques or
methods for rehabilitation of historic buildings
and structures, or archeological sites.
Regulated permit An official document or
certificate issued by the building official, city
engineer or other official of the city pursuant to
provisions of the building code or other
ordinance or regulation, and which authorized
the pertormance of a specified activity.
Repair. Any change which does not require a
building permit, and which is not construction,
removal or demolition.
Scale: In a building or structure, the
relationship of the vertical, horizontal and
volume measurements; the relationship of the
parts to one another within a building, or
structure or in comparison to other buildings or
structures within that vicinity.
Site: the location of a significant event, a
prehistoric or historic occupation or activity, or a
building or structure, whether standing, ruined,
or vanished, where the location itself possesses
historic, cultural, or archeological value
regardless of the value of any existing structure.
Examples of sites include: cemetery, designed
landscape, habitation site, natural feature having
cultural significance, rock carving, rock shelter,
ruins, trail or village site.
Structure: Anything constructed or erected, the
use of which requires a permanent or temporary
location on or in the ground, including, but not
limited to, the following: earthwork, fences,
gazebos, advertising signs, billboards,
backstops for tennis courts, radio and television
antennae, including supporting towers, and
swimming pools. As distinguished from
buildings, structures are those functional
constructions made usually for purposes other
than creating human shelter.
Sec. 25-3. Historic oreservation commission
established: membershio: term of office:
vacancies in office.
(A) The historic preservation commission is
hereby established and shall consist of seven
(7) members who shall be residents of the city.
(6) Members of the commission shall be
appointed by the city council as follows: One
resident from each designated historic
preservation district, including the districts
hereinafter established; and two (2) at large
members. Each member shall possess
Regular Session, March 19, 2001
83
.
National Register nomination submitted to the
commission upon the request of the mayor, city
councilor the State Bureau of Historic
PreS8Nation;
(10) To confer recognition upon the owners of
landmarks or of property or structures within
historic districts;
(11) To review in-progress or completed work
to determine compliance with specific
certificates of appropriateness or certificates of
economic non-viability; and
(12) To serve as an advisory design review
body to the city council for review of public
works projects which have historic preservation
implications in historic districts, or for alteration
of landmarks, landmark sites or structures, that
would result in a material change in appearance
or be visible from the public way.
(B) The commission shall be governed by the
administrative, personnel, accounting, budgetary
and procurement policies of the city.
Sec.. 25-6. Identification and desionation of
landmarks. landmark sites and historic districts.
(A) Generally. The commission may conduct
studies for the identification and nominatio.n of
landmarks, landmark sites and historic districts,
as defined by this chapter. The commission may
proceed on its own initiative or upon a petition
from any person, group or association.
(B) Nomination.
(1) Landmarks and landmark sites. The
nomination of landmarks and landmark sites
shall be initiated by an application submitted to
the commission by the property owner on a form
supplied by the commission.
(2) Historic districts. The designation of historic
districts shall be initiated by a nomination for
such designation. A nomination shall be made to
the commission on a form prepared by it and
may be submitted by a member ot the
commission, the owner of record of property
within a proposed historic district, the city
council, or any other person or organization.
When a commissioner, as a private citizen,
nominates an historic district for designation, the
nominating commissioner shall abstain from
voting on the designation. This provision shall
not extend to a designation motion presented by
a commissioner as part of commission
proceedings.
(C) Criteria for consideration of a nomination.
The commission shall, upon such investigation
as it deems necessary, make a determination as
10 the following:
(1) The nominated property, structure, object,
site or area:
a. Is of architectural significance, as defined by
this chapter; or
b. Is associated with events that have made a
significant contribution to the broad patterns of
Ihe history of the City of Dubuque, Dubuque
County, the State of Iowa or the nation; or
.
.
c. Is associated with the lives of persons
significant in the past the City of Dubuque,
Dubuque County, the State of Iowa or the
nation; or
d. Has yielded, or may be likely to yield,
information important in pre.history or history;
and
(2) The structure, property, object, site or area
has sufficient integrity of location, design,
materials and workmanship to make it worthy of
preservation or restoration; and
(3) The structure, property, object, site or area
is at least fifty (50) years old, unless the
commission determines that it has achieved
significance within the past fifty (50) years and is
of exceptionai importance.
(D) Notification of nomination. Within sixty (60)
days after receipt of a completed nomination in
proper form, the commission shall hold a public
hearing. Notice that a nomination for designation
is being considered and the date, time, place
and purpose of the public hearing shall be sent
by certified mail, at least fourteen (14) days prior
to the date of the hearing, to the owner(s) of
record of the nominated landmark, landmark
site, or property within the nominated historic
district and to the nominator(s). Notice shall also
be published in a newspaper having general
circulation in the city. The notice shall state the
street address and legal description of a
nominated landmark or landmark site or the
boundaries of a nominated district.
(E) Public hearing. Oral or written testimony
concerning the significance of the nominated
landmark, landmark site or historic district shall
be taken at the public hearing from any
interested person. The commission may request
expert testimony, consider staff reports or
present its own evidence regarding the
compliance of the nominated landmark,
landmark site or historic district with the criteria
set forth in paragraph (c) above. The owner of
any nominated landmark, landmark site or of
_any property within a nominated historic district
shall be allowed a reasonable opportunity to
present evidence regarding the nomination, shall
be afforded the right of representation by
counsel and shall be given reasonable
opportunity to cross.examine expert witnesses.
The hearing shall be closed upon completion of
testimony.
(F) Determination by the commission,
recommendation and report. Within thirty (30)
days following the close of the public hearing,
the commission shall make a determination
upon the evidence as to whether the nominated
landmark, landmark site or historic district does
or does not meet the criteria for designation.
Such determination shall be made in an open
meeting by resolution of the commission, shall
be reduced to writing in the form of a
recommendation and shall be supported by a
84
Regular Session, March 19, 2001
written report in support of the nomination. The
commission's recommendation on the
nomination of a landmark, landmark site or
historic district, and its supporting report, shall
be filed with the long range pianning advisory
commission, and shall include a proposed
ordinance or amendment establishing such
landmark. landmark site or historic district and
describing its location and boundaries by
address and legel description.
(G) Action by long range planning advisory
commission. Within sixty (60) days after receipt
of the commission's recommendation, report and
proposed ordinance or amendment, the long
range planning advisory commission shall report
to the city council with respect to the relation of
the nomination to the general development plan,
zoning ordinance, proposed public
improvements and any plans for the renewal of
the area involved. Upon submission of the report
of the long range planning advisory commission,
or upon the expiration of the sixty-day period,
the matter shall be transmitted to the city
council.
(H) Action by city council.
(1) The city council shall submit the proposed
ordinance or amendment to the Bureau of
Historic Preservation of the State Historical
Society of Iowa for review and recommendations
at least forty-five (45) days prior to the date of
any public heanng conducted by the city council.
Any recommendations made by the Bureau of
Historic Preservation shall be made available by
the city to the public for viewing dunng normal
working hours at a city government place of
public access.(2) Upon receipt of the
recommendation and report of the historic
preservation commission and the report of the
long range planning advisory commission, and
after having received a recommendation from
the Bureau of Histone Preservation or if the
forty-five-day waiting period has iapsed since
submission of the request for such
recommendation, the city council shall conduct a
public hearing on the ordinance or amendment
estabiishing the proposed landmark, landmark
site or historic preservation district. After public
hearing, the city council shall approve or
disapprove the ordinance or amendment, or
refer the nomination back to the historic
preservation commission for modification. A
modified nomination shaH require compliance
With the same procedure for designation as set
forth above.
(3) City council approval of the ordinance or
amendment shall constitute designation of the
landmark, landmark site or historic district.
(I) Amendment and rescission 01 designation. A
designation may be amended or rescinded upon
petition to the commission and compliance with
the same procedure and according to the same
criteria as set forth above for designation.
Sec. 25-6.1. Lanaworthv Historic Preservation
District.
The properties hereinafter described are
hereby designated as a historic preservation
district. according to the provisions of this
chapter, to wit:
All of Lots 1 through 3, inclusive: all of Lot 4
excepting the northerly ten (10) feet thereot, all
of the south half ot Lot 6; all of Lots 12 through
16, inciusive; and all of Lots 12A through 16A,
inclusive; all being in Paulina Langworthy's
Addition. The west fifteen (15) feet of lot 4; all of
Lot 5, and Lot 6; all being in McCoy Subdivision.
All of Lots 1 through 6, inclusively, of Lot 2 and
Lot 3; all of Lot 4; and all of Lots 5 through 8,
inclusive, excepting the northerly twelve (12)
feet of all of them; all being in Mrs. L. A.
Langworthy's Addition. All of Lots 1 through 12,
inclusive; all of Lots 17 through 21, inclusive;
and all of Lots 9 through 53, inclusive; all being
in Julia Langworthy's Addition. Lots 1 through 4,
inclusive; Lot 1 of Lot 6; Lots 28 through 32,
inclusive; Lot 1 of Lot 1 of Lot 1 of Lot 33; and
Lot 1 of Lot 2 of Lot 2 of Lot 33; all being in T. S.
Nairn'S Dubuque Addition.
Sec. 25-6.2. Old Main Historic Preservation
District.
The properties hereinafter described are
hereby designated as a historic preservation
district, according to the provisions of this
chapter, to wit:
All of city Lots 1 through 12, inclusive; all of
city Lots 69 through 80, Inclusive; and the south
sixty-four (64) feet of Lot 1 Block XV ot Dubuque
Downtown Plaza.
Sec. 25-6.3. Jackson Park Historic
Preservation District.
The properties hereinafter described are
hereby designated as a historic preservation
district, according to the provisions of this
chapter, to wit:
Beginning at the intersection of West 17th and
Heeb Streets, north aiong Heeb Street to the
south iine 01 M. A. Rebman's Sub.; west along
said line and the south line of Duncan's Sub. to
the west line of Lot 4-C.L. six hundred
seventy-four (674) feet; south along said line to
the south iine of Lot 2-5-C.L. 674; west along
said line and along the south line of Lot 1-5-C.L.
674 to Main Street; west across Main Street and
Madison Avenue to the north line of Lot 5-2-C.L.
673; continuing west along said line to the west
line of said lot; south along said line to Dorgan
Place; west along Dorgan Place to the east line
of Lot 1-1A-Dorgan's Sub.; southwest along said
line and along the east line of Lot 1-1-Dorgan's
Sub. and its extension of West 17th Street; first
south then in a counterclockwise manner along
the westerly line of D.N. Cooley's Sub. and its
southerly extension to the north line of Lot
1-1-C.L. 667; east along said line to the east line
of said lot; south along said line and the east line
Regular Session, March 19, 2001
85
.
of Lot 2-3-C.L. 667 to the south along said line
of Lot 2-1-C.L. 667; east along said line 10 Bluff
Street; south along Bluff Street to the south line
of A.L. Brown's Sub.; west along said line to the
east line of Lot 769B of A. McDaniel's Sub.;
south along said line and the east right-of-way
line of Grove Terrace and the east line of
Corkery's Sub. to the north line of Lorimers
Sub.; east along said line to the east line of Lot
1-1-1 and 11 of Lorimer's Sub.; south along said
line and its extension to West 9th Street; east
along West 9th Street to Locust Street; north
along Locust Street to West 10th Street; east
along West 10th Street to the alley between
Locust and Main Streets; north along said alley
to West 13th Street; east along West 13th Street
to Main Street; south along Main Street to the
south line of the north 1/5-C,L. 465; east along
said line and its extension to the east line of the
west 33 feet, north 1/5-C.L. 460; north along
said line to West 13th Street; east along West
13th Street to Iowa Street; north along Iowa
Street to West 14th Street; east along Wast 14th
Street to the alley between Iowa Street and
Central Avenue; north along said alley to West
17th Street; east along West 17th Street to Heeb
Street, the point of beginning.
Sec. 25-6.4. Cathedral Historic Preservation
District.
The properties hereinafter described are
hereby designated as a historic preservation
district, according to provisions of this chapter,
to wit:
Beginning at the intersection of Locust Street
and West Seventh Street; southwest along West
Seventh Street to Bluff Street; northwest along
Bluff Street to the northwest line of Lot 5-C.L.
653A; southwest along said line to the
southwest line of said lot; southeast along said
line to the northwest line of the north fifty (50)
feet of Lot l-'-C.L. 653; southwest along said
line to the northeast line of Coriell's Dubuque
Sub.; first southeast then in a clockwise manner
along said line to West Fifth Street; southeast
along West Fifth Street; to the northwest line of
the west one hundred seven and five-tenths
(107.5) feet-west one hundred seventy (170)
feet-C.L. 624; southwest along said line to the
northeast line of Cooper Heights Sub; southeast
along said line and along the northeast line of
Lot '-1-1-' C.L. 692 to the north right-of-way line
of West Fourth Street; southwest along said
right-of-way line and along the northwest line of
Lot 2-1-'-1-C.L. 692 to Raymond Place;
southeast along Raymond Place to the
northwest- line of Fenelon Point Sub.; first
northeast then in a clockwise manner along said
line to the southwest line of Lot JoE.
seventy-eight and five-tenths (78,5) feet south
one hundred (100) feet-C,L, 692; southeast
along said line to West Third Street to the
southwest line of Saint Raphael's Add.;
.
.
southwest along said line to the northwest line of
Lot 1-2-C,L. 694; first northaast then in a
clockwise manner along said line to the
northwesterly most line of Pixler Place;
northeast along said line to the west right-ot-way
line of Bluff Street; southeast across Bluff Street
10 the northeast line of C,L. 589A; continuing
southeast along the northeast iine of C.L. 589A
and the northeast line of C.L, 589 and the
northeast line of tha north twenty-one (21)
feet-north 1i2 C.L. 572 to Locust Street;
northeast along Locust Street to the southwest
line of the south fifty (50) feet-C.L, 568;
northwest along said line to Bissell Lane; north
along Bissell Lane to West Fourth Street;
northeast along West Fourth Street to Locust
Street; northwest along Locust Street to West
Seventh Street, the place of beginning as
described herein.
Sec, 25-6.5. West Eleventh Street Historic
Preservation District.
The properties hereinafter descnbed are
hereby designated as a historic preservation
district, according to proVisions of this chapter,
to wit:
Beginning at the intersection of Laras
Boulevard and Bluff Street; south along Bluff
Street to the south line of A.L. Brown's Sub.;
west along said south line to the east line of Lot
769B of A. McDaniel's Sub.; south along said
east line and along the east right-of-way line of
Grove Terrace and along the east fine of
Corkery's Sub. to the north line of Lorimecs
Sub.; east along said north line to the east line
of Lot 1-1-1-11-Lorimers Sub; south along said
east line and its southerly extension to West 9th
Street; west along West 9th Street to the west
line of Central Addition; north aiong said west
line to the south line of the east twenty-seven
(27) feet-Lot 3-C.L. 703; west along said south
line to the west line of said lot; north along said
west line to the north line of the west one
hundred thirty-nine (139) feet-Lot 3-C.L. 703;
west along said north line to the east line of Lot
2-46A-Farley's Sub.; north along said east line to
Wilbur Street; west along Wilbur Street to the
west line of Lot 2-46A-Farley's Sub.; south along
said west line to the south line of Lot
1-46-Farley's Sub.; west along said south line
and along the south line of Lot 1-45-Farley's
Sub. to the west line of said Lot 1-45; north
along said weslline to Wilbur Street; west along
Wilbur Street to Spruce Street; south aiong
Spruce Street to the south line of Lot
2-43-Farley's Sub.; west along said south line to
the east line of the south eighty (60) feet-Lot
37-Farley's Sub.; north along said east line to
the north line of said lot; west along said north
line to the east line of Lot 38-Farley's Sub.; north
along said east line to Jefferson Street; west
along Jefferson Street and along the south line
of Lot 2-1-1-3-C.L. 738 to the west line of Lot
86
Regular Session, March 19, 2001
2-1-1-3-C.L. 738; north along said west line and
along the west line of Lot 1-1-1-3-C.L. 738 and
along the west line of Lot 2-1-3-C.L. 738 and
along the west line of Lot 1-2-'-C.L. 738; to
West Eleventh Street; east along West Eleventh
Street to the west line of Lot 12 of Cummin's
Sub.; north along the west lines of Lots 11, 10, 9
and 8 of Cummin's Sub.; north across Race
Street; north along the west line of Lot 6 of
Cummin's Sub. to Chestnut Street; west along
Chestnut Street to the west property line of Lot 8
of Bissell's Dubuque; north along the west
property lines of Lots 9, 10, 11, 12, 13, 14 and
15 of Bissell's Dubuque and the E. 150' of Lot 5
of C.L. 740; east along the north line of the E.
150' of Lot 5 of C.L. 740 to Walnut Street; north
along Walnut Street to Loras Boulevard; east
along Loras Boulevard to Henion Street; north
along Henion Street to Pickett Street; east along
Pickett Street to the east line of Lot 2-7-C.L.
667; south along said east line to the south line
of Lot 1-4-C.L. 667; first east line then in a
counter.clockwise manner along the southerly
lines of Lot 1-4-C.L. 667 and Lot 1-3-C.L. 667 to
the west line of Lot 2-1-C.L. 667; south along
said west line of the south line of Lot 2-t-C.L.
667; east along said south line to Bluff Street;
south along Bluff Street to Loras Boulevard, the
place of beginning.
Sec. 25-6.6. William M. Black Landmark.
The structure hereinafter described is hereby
designated as a landmark, according to the
provisions of this chapter, to wit:
Sidewheeler Dredge William M. Black moored
at Inner Levee of the Mississippi River,
commonly I<.nown as the lee Harbor.
Sec. 25-6.7. Dubuque Citv Hall Landmark.
The pmperty hereinafter described is hereby
designated as a landmark, according to the
provisions of this chapter, to wit
The building situated on the N 2/5 of City Lot
448 and the N 215 of City Lot 457, commonly
known as 50 West 13th Street.
Sec. 25-6.8. Dubuque Countv Courthouse
Landmark.
The property hereinaJter described is hereby
designated as a landmark, according to the
provisions of this chapter, to wit:
The building situated on part of City Lot 286 and
City Lots 287 to 288, commonly known as 720
Central Avenue.
Sec. 25-6.9. Dubuque County Jail Landmark.
The property hereinafter described is hereby
designated as a landmark, according to the
provisions of this chapter, to wit:
The building situated on City Lots 284 to 285
and part of City Lot 286, commonly known as 36
West 8th Street.
Sec. 25-6.10. Julien Dubuque Monument
Landmark. The property hereinafter described
is hereby designated as a landmark, according
to the provisions of this chapter, to wit:
The structure situated on pt. lot 1, Government
Lots 1 and 2, located at terminus of Monument
Drive.
Sec. 25-6.11. Mathias Ham House Landmark.
The property hereinafter described is hereby
designated as a landmark, according to the
provisions of this chapter, to wit:
The building situated on Lot 1 of Lot 531 Ham's
Addition, commonly known as 2241 Lincoln
Avenue.
Sec. 25-6 12. Shot Tower.
The property hereina~er described is hereby
designated as a landmark, according to the
provisions at this chapter, to wit:
The Shot Tower structure situated on River
Front Sub 1, located at terminus of Commercial
Street.
Sec. 25-7. Demolition of landmarks. landmark
sites or structures in historic districts: demolition
by. nealect: certificate- of economic non-viabilitv.
(A) Demolition generally. Demolition of
landmarks, landmark sites or structures within
historic districts is prohibited unless, upon
application and after hearing, the commission
issues a certificate of appropriateness or a
certificate of economic non-viability pursuant to
Section 25-9(h) of this chapter.
(B) Demolition by neglect prohibited. The
owner of real property in any historic district or of
a landmark or landmark site shall preserve and
keep from deterioration all buildings and
structures located on such reel property. The
owner shall repair the building or structure to
correct any of the following defects found by the
City's designated enforcement officer:
(1) parts which are improperly or inadequately
attached so that they may fall and injure persons
or property;
(2) a deteriorated or inadequate foundation;
(3) defective or deteriorated floor supports or
floor supports that are insufficient to carry the
loads imposed;
(4) walls, partitions or other vertical supports
that split, lean, list or buckle due to defect or
deterioration or are insufficient to carry the load
imposed;
(5) ceilings, roofs, ceiling or roof supports, or
other horizontal members which sag, split, or
buckle, due to defect or deterioration or are
insufficient to support the load imposed;
(6) fireplaces and chimneys which list, bulge or
settle due to defect or deterioration or are of
insufficient size or strength to carry the loads
imposed;
(7) deteriorated, crumbling or loose exterior
stucco or mortar;
(8) deteriorated or ineffective waterproofing of
exterior walls, roofs, foundations or floors,
including broken windows and doors;
(9) defective or lack of weather protection for
exterior wall coverings, foundations or floors,
including broken windows and doors;
Regular Session, March 19, 2001
87
.
(10) any default, defect or condition in the
structure which renders it structurally unsafe or
not property watertight;
(11) accumulations of weeds, fallen trees or
limbs, debris, abandoned vehicles, and other
refuse;
(12) deterioration of any exterior feature sa as
to create a hazardous condition which could
make demolition necessary for the public safety;
or
(13) deterioration or removal after the effective
date of this ordinance of any unique architectural
feature which would detract from the original
architectural style.
Sec. 25-8. Alteration of landmarks. landmark
sites or structures in historic districts:
determination of no material effect: certificate of
appropriateness: review of oreservation
alternatives: certificate of economic non.viabilitv.
(A) After designation of a landmark, landmark
site or historic district by the city council, any
proposed alteration or activity which will affect a
landmark, landmark site or structure or site
within any historic district, and for which a
regulated permit is required, shall be reviey.;ed
by the historic preservation commission;
however, nothing in this chapter shall be
construed to prevent ordinary maintenance or
repair of any landmark, landmark site or
structure or site within a historic district where
such maintenance or repair does not involve a
material change of appearance which
necessitates issuance of a regulated permit as
herein defined.
(B) No regulated permit may be issued prior to
review by the commission.
(C) Upon review, the commission shall have
the authority to take the following actions:
(1) Authorize the proposed project,
determination of no material effect.
a. If an application submitted to the
commission demonstrates compliance with the
"Secretary of Interior's Standards and
Guidelines for Archaeology and Historic
Preservation, the Secretary of Interior's
Standards and Guidelines for the Treatment of
Historic Properties, and the "Secretary of the
interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings,"
codified as 36 CFR 68, as amended, as
established by Ihis chapter and, pursuant to the
bylaws adapted by the commission, a
determination may be made that such work or
activity would:
1. Not result in a material change in
appearance; or
2. Not be visible from the public way.
b. The city manager or city manager's
designee shall make such determination and
may issue a determination of no material effect,
which shall authorize the proposed work or
.
.
activity to proceed without a public meeting of
the commission.
(2) Approve the proposed project; certificate of
appropriateness.
a. The commission shall issue a certificate of
appropriateness if, upon application and after
conducting a review of the application, it finds:
1. That the property owner or the property
owner's representative has established that the
proposed alteration or activity complies with the
standards for review set forth by this chapter
and regulated by the commission and conforms
to the purpose and intent of this chapter; and
2. That creating, changing, destroying or
affecting the exterior architectural features of the
structure, improvement or site upon which the
work is to be done will not have a substantial
adverse effect on the aesthetic, historic or
architectural significance and value of either the
property itself or of the neighboring
improvements in a district.
b. The issuance of a certificate of
appropriateness shail enable the applicant to
obtain a regulated permit and to proceed with
the proposed alteration or activity.
(3) Disapprove the proposed project; review of
preservation alternatives; certificate of
appropriateness.
a. The commission shall issue a certificate of
appropriateness, upon application for and after
conducting a review of preservation alternatives,
it finds:
1. That the property owner or the property
owner's representative has established that the
preservation alternatives for the proposed
alteration or activity comply with the standards
for review set forth by this chapter and reguiated
by the commission, and conform to the purpose
and intent of this chapter; and
2. That creating, changing, destroying or
affecting the exterior architectural features of the
structure, improvement or site upon which the
work is to be done will not have a substantial
adverse effect on the aesthetic, historic or
architectural significance and value of either the
property itself or of the neighboring
improvements in a district.
b. The issuance of a certificate of
appropriateness after a review of prese/Vation
alternatives shall enable the applicant to obtain
a regulated permit and to proceed with the
proposed alteration or activity.
(4) Disapprove the proposed project; certificate
of economic non. viability. The commission shall
issue a certificate of economic non.viability,
upon application or upon its own motion, if:
a. A review of preservation alternatives has
been conducted and a certificate of
appropriateness has been denied; and
b. The commission determines that
disapproval of the proposed work or activity
would prevent the property owner from earning
88
Regular Session, March 19, 2001
any reasonable economic return from the
property. In considering whether the property
has been prevented from earning any
reasonable economic return, the commission
shall deny the certificate of non-viability where
the inability to earn any reasonable economic
return has been created by the property owners'
conduct including, but not limited to, neglect of
maintenance or absence of bona fide attempts
to earn a reasonable economic return.
(D) The building official, city engineer or other
local authorities shall not issue a regulated
permit until there has been a determination of no
material effect or a certificate of appropriateness
or a certificate of economic non-viability issued.
(E) The transfer of a determination of no
material effect, certificate of appropriateness or
certiflcate of economic non-viability from one
structure, improvement or site to another
structure, improvement or site or from one
person to another is prohibited.
(F) Each determination of no material effect,
certificate of appropriateness or certificate of
economic non-viability issued under the
provisions of this article shall expire and become
null and void if the aiteration, construction,
repair, removal, demolition or excavation for
which the determination of no material effect,
certificate of appropriateness or certificate of
economic non-viability was issued is not initiated
within one (1) year of its issuance. Sec. 25-9.
Procedure for the review of olans: aoolication for
certificate of aoorooriateness; aoolication for
review of oreservation alternatives: aoolication
for certificate of economic non4viabilitv.
{A) Application for regulated permit shall be
made to the appropriate city official. The
application shall state or the appropriate city
official shall determine that the proposed
alteration, activity or demolition is to be done on
a landmark, landmark site or on a structure
within a historic district.
(8) Upon the filing of such permit application,
the appropriate city official shall notify the
applicant that the matter must be reviewed by
the historic preservation commission before a
regulated permit can be issued.
(C) If a permit application demonstrates
compliance with the provisions for a
determination of no material effect as
established by this chapter, then the city
manager or city managers designee shall make
such determination and may issue a
determination of no material effect, which shall
authorize the proposed work or actiVity to
proceed without a publiC meeting of the
commission. If a permit application does not
demonstrate compliance with the provisions for
a determination of no material effect as
established by this chapter, then an application
for design review by the commission of the
proposed work, activity or demolition must be
made by the applicant. Application for
commission review shall be filed in the Planning
SeNices Department.
(D) Unless otherwise mutually agreed upon by
the applicant and the commission, the
commission shall meet within twenty-one (21)
days after the filing of the application for
commission review. The commission shall
review the proposed project according to the
duties and powers specified in this chapter. In
reviewing the proposed project, the commission
may confer with the applicant or the applicant's
authorized representative. The commission may
require submission of such additional drawings,
sketches, photographs or other exhibits as it
deems reasonably necessary for consideration
of the application.
(E) The commission shall approve or
disapprove such plan.
(F) If the proposed project is approved, the
commission shall issue a certificate of
appropriateness.
(G) If the commission disapproves such
proposed project, it shall state its reasons and
shall transmit to the appiicant a written record of
its disapproval. The commission may propose
appropriate revisions of the applicant's proposal
which, if adopted, would cause the commission
to reconsider its disapproval. The applicant may
make modifications to the proposed project and
shall have the right to resubmit a modified
proposal at any time.
(H) Prior to filing an application for a certificate
of economic non-viability, as provided for in
subsection (I) below, the applicant shall file an
application for a review of preservation
alternatives. This application shall document the
applicant's attempts to evaiuate and obtain
preservation alternatives as defined herein,
including, but not limited to, financing, tax
incentives, preservation grants, restoration
alternatives and other incentives sufficient to
allow the applicant to earn a reasonable
economic return from the property.
(1) After a review of the preseNatlon
alternatives, the commission shall approve or
disapprove such pian.
(2) If the proposed project is approved, the
commission shall issue a certificate of
appropriateness.
(3) If the commission disapproves such
proposed project, it shail state its reasons and
shall transmit to the applicant a written record of
its disapproval. The commission may propose
appropriate revisions of the applicant's proposal
that, if adopted. would cause the commission to
reconsider its disapproval. The applicant may
make modifications to the proposed project and
shall have the right to resubmit a modified
proposal at any time.
(I) if the commission disapproves such
proposed project after a review of preservation
Regular Session, March 19,2001
89
.
alternatives, it may, upon application or on its
own motion, consider issuing a certifIcate of
economic non-viability.
(1) Upon application or motion for a certificate
of economic non-viability, the commission shall
schedule a public meeting on that application or
motion.
(2) Data to be provided by the appiicant. The
commission may solicit expert testimony or
require that the applicant for a certificate of
economic non-viability make submissions
concerning any or all of the following information
before rendering its decision:
a. Estimate of the cost of the proposed
construction, alteration, demolition or removal
and an estimate of any additional cost that
would be incurred to comply with the
recommendations of the historic preservation
commission for changes necessary for the
issuance of a certificate of appropriateness;
b. A report from a licensed engineer or
architect with experience in rehabilitation as to
the structural soundness of any structures and
their suitability for rehabilitation;
c. Estimated market value of the property i~ its
current condition; after completion of the
proposed construction, alteration, demolition or
removal; after any changes recommended by
the commission; and, in the case of a proposed
demolition, after renovation of the existing
property for continued use;
d. In the case of a proposed demolition, an
estimate from an architect, developer, real
estate consultant. appraiser or other real estate
professional experienced in rehabilitation, as to
the economic feasibility of rehabilitation or reuse
of the existing structure on the property;
e. The amount paid for the property, the date
of purchase and the person from whom
purchased, including a description of the
relationship, if any, between the owner of record
or the applicant and the person from whom the
property was purchased, and any terms of
financing between the seller and buyer;
f. If the property is income-producing, the
annual gross income from the property for the
previous two (2) years;
g. Itemized operating and maintenance
expenses for the previous two (2) years; and
depreciation deduction and annual cash flow
before and after debt service. if any, during the
same period;
h. The remaining balance on any mortgage or
other financing secured by the property and
annual dobt service, if any, for the previous two
(2) yems;.
i. All appraisals obtained within the previous
two (2) years by the owner or applicant in
connection with the purchase, financing or
ownership of the property;
.
.
j. Any listing of the property for sale or rent,
price asked and offers received, if any, within
the previous two (2) years;
k. The assessed value of the property
according to the two (2) most recent
assessments;
L The amount of real estate taxes for the
previous two (2) years and whether or not they
have been paid;
m. The form of ownership or operation of the
property, whether sole proprietorship, for-profit
or not-for-profit corporation, limited partnership,
joint venture or other;
n. Any other information considered necessary
by the commission to make a determination as
to whether the property does yietd or may yield
any reasonable economic return to the property
owner(s). including but not limited to the income
tax bracket of the owner(s) or applicants or of
the principal investor(s) in the property;
o. Proof of the applicant's efforts to obtain
financing", tax incentives, preservation grants
and other incentives sufficient to allow the
applicant to earn a reasonable and a economic
return from the property; and
p. A showing of the applicant's efforts in
ongoing maintenance and repair.
(3) Determination of economic non-viability. The
commission shall review all of the evidence and
information required of an applicant for a
certificate of economic non-viability; and
a. If the commission finds that disapproval of
the proposed work would prevent the property
owner from earning any reasonable economic
return from the property, the commission shall:
1, Immediately issue a certificate of economic
non-viability~ or
2. At its discretion, postpone, for a period not
to exceed one hundred eighty (180) days, the
issuance of a certificate of economic non.
viability. During this time, the commission shall
investigate strategies which would allow the
property owner to earn a reasonable economic
return from the property. No regulated permit
shall be issued during this time unless a
certificate of appropriateness has been secured.
tf, at the end of the one hundred eighty-day
period, the commission, after a public meeting,
finds that the property owner still cannot earn
any reasonable economic return from the
property, it shall issue a certificate of economic
non-viability.
b. If the commission finds, after initial review or
aKer the one hundred eighty-day period of
postponement, that the property owner has, in
fact, earned or is able to earn a reasonable
economic return from the property, then the
commission shall deny the application tor a
certificate of economic non-viability.
(J) No reguiated permit shall be Issued
authorizing a material change in appearance of
a landmark, landmark site or of a structure or
90
Regular Session, March 19, 2001
site within a historic district until there is a
determination of no material effect or a
certificate of appropriateness or a certificate of
economic non-viability filed with the building
official or the city official authorized to Issue the
necassary regulated permit.
(K) In the event the commission disapproves
of a proposed project, the notice of disapproval
shall be binding upon the building official, city
engineer or other local authority, and no permit
shall be issued in such a case.
(I) The failure of the commission to approve or
disapprove an application for a certificate of
appropriateness within sixty (60) days from the
date of the filing of an application, unless an
extension is agreed upon mutually by the
applicant and the commission, shall be deemed
to constitute approval, unless within such sixty
(60) days the commission has made a
determination of economic non-viability and has
suspended its decision regarding a certificate of
economic non-viability pursuant to subsection
W(I}(3)a.2.
Sec. 25-10. Standards for review.
(A)The commission shall consider each design
review on the merits of the individual case, with
due deliberation given to each proposed
change(s) and its sympathetic relationship to the
specific historic setting, architectural or historic
significance, extent of previous alteration, use of
original materials and quality of design of the
existing structure or site. Commission approval
of a particular type of alteration or activity shall
not establish a binding precedent tor future
commission action, but may constitute an
additional factor to be considered in subsequent
design reviews involving the same type of
alteration or activity,
(B) The "Secretary of Interior's Standards and
Guidelines for Archaeology and Historic
Preservation, the Secretary of Interior's
Standards and Guidelines jor the Treatment of
Historic Properties, and the "Secretary of the
Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings:'
coditted as 36 CFR 68, as amended, shall
provide the guidelines by which the commission
shall review an application for a certittcate of
appropriateness or certificate of economic non-
viability, and any subsequent revisions of these
standards and guidelines by the Secretary of the
Interior shall be adopted by the commission.
(C)The commission shall aiso be guided by
any design standards specified in the ordinance
or amendment designating the landmark,
landmark site or historic district.
Sec. 25-11. AODesls from commission action.
(A) An aggrieved party may appeal the
commission's action to the city council by filing a
notice of appeal with the Planning Services
Department within thirty (30) days from the date
of notice of the commission's action.
(B) Upon filing of a notice of appeai, the
Planning Services Department shall immediately
transmit such notice and the record of the action
before the commission to the city clerk.
(C) On appeal, the city council shall consider
only the record of the action before the
commission. Na new matter may be considered.
(D) The city council shall consider whether the
commission has exercised its powers and
followed the guidelines established by law and
the historic preservation ordinance [this chapter].
and whether the commission's action was
patently arbitrary or capricious.
(E) The city council may affirm or reverse the
commission's action, or may refer the matter
back to the commission for such further action
as may be appropriate. The city clerk shall give
written notice of the city council's decision on
appeal within seven (7) days of the city council's
decision to the appellant and the historic
preservation commission.
(F) An appellant who is not satisfied by the
decision of the city council may appeal within
sixty (60) days of the city council's decision to
the District Court for DUbuque County, pursuant
to Iowa Code Section 303.34.
Sec. 25-12. Inspection.
A) After a certificate of appropriateness or
certificate of economic non~viability has been
issued and a regulated permit granted to the
applicant, the building official, city engineer or
other local authority may from time to time
inspect the work authorized and shall take such
action as 'IS necessary to enforce compliance
with tha approved plans.
(8) Historic preservation commissioners may
from time to time inspect, from the public way,
the work authorized and shall advise the building
official or other enforcement authority as
necessary to en10rce compliance with the
approved plans.
Sec. 25-13. Violations: penalties.
. It shall be unlawful for any person to disobey,
omit, neglect or refuse to comply with any
provision of this chapter, and such person shall
be subject to the provisions oj Section 1-8 and
Sections 1-15 through 1-17 of the City of
Dubuque, Code oJ Ordinances.
Published officially in the Telegraph Herald
newspaper this 23'" day of March, 2001.
Jeanne F. Schneider, City Clerk
11 3/23
Buor moved 1inal consideration and passage of
the Ordinance. Seconded by Michalski. Motion
carried 7-0.
Establishing Fair Market Value The
Aspermont Company (Brewery Property): City
Manager recommending establishment of the
Fair Market Value for the acquisition of certain
real property owned by The Aspermont
Company (Brewery Property). presented and
Regular Session, March 19, 2001
91
.
read. Buol moved that the communication be
received and filed. Seconded by Robbins.
Carried by the following vote: Yeas-Nicholson,
Robbins, Buol, Cline, Markham, Michalski.
Nays-None. Abstain-Duggan.
.
RESOLUTION NO. 103-01
ESTABLISHING FAIR MARKET VALUE FOR
THE ACQUISITION OF CERTAIN REAL
PROPERTY OWNED BY THE ASPERMONT
COMPANY
Whereas, the City at Dubuque (City) intends to
acquire certain real property owned by the
Aspermont Company (Aspermont), legally
described on Exhibit A attached hereto (the
Property);
AND WHEREAS, Iowa law requires that City
must make a good faith effort to negotiate with
the owner to purchase the Property or property
interest before proceeding with condemnation;
AND WHEREAS, City may not make an offer
to purchase the Property which is less than the
fair market value City has established for the
Property;
AND WHEREAS, City has caused. an
appraisal of the Property to be made and the
appraised value of the Property is $1 ,390,000.
AND WHEREAS, the City Council now desires
to establish the fair market value of the Property.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The fair market value of the Property is
hereby established to be $1,390,000.
2. The City Manager and the Corporation
Counsel are hereby authorized to commence
negotiations with Aspermont and the other
interested parties for the purchase of the
Property for a purchase price which is not less
than the fair market value established by this
Resolution.
Passed, approved and adopted this 19'" day of
March, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Robbins. Carried by the following
vote: Yeas-Nicholson, Robbins, Buol, Cline,
Markham, Michalski. Nays-None. Abstain-
Duggan.
.
Request for Proposals . Mississippi River
Education Center: City Manager recommending
approval of a Request for Proposal (RFP) for
architectural/engineering consulting services for
the Education and Conference Center within the
Fourth Street Peninsula, presented and read.
Markham moved that the communication be
received and filed and approved
recommendation. Seconded by Nicholson.
Molion carried 7.0.
Cooper Wagon Works Building - Downtown
Rehabilitation Loan: City Manager
recommending approval of a request from The
Cooper Development Company, LLC for funding
from the City's TIF-funded Downtown
Rehabilitation Loan Program to renovate the
former Cooper Wagon Works Building at 390
Main Street, presented and read. Robbins
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
RESOLUTION 104-01
A RESOLUTION AUTHORIZING A LETTER
OF COMMITMENT AND ADDITIONAL
ACTIONS CONCERNING A DOWNTOWN
REHABILITATION LOAN TO THE COOPER
DEVELOPMENT COMPANY, LLC.
Whereas, the City of Dubuque, Iowa, has
created a Downtown Rehabilitation Loan
Program for the' purpose of stimulating
reinvestment in the Downtown Dubuque Urban
Renewal District; and
Whereas, the City of Dubuque, Iowa is
encouraging the use of this loan program to
finance code compliance activities and to spur
job creation activities; and
Whereas, the loan application from The
Cooper Development Company, LLC meets the
requirements of this program; and
Whereas, a Commitment Letter, hereto
attached and by this reference made a part
hereof, sets forth the terms and conditions of
The Cooper Development Company, LLC's
participation in the Downtown Rehabilitation
Loan Program.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the application of The Cooper
Development Company, LLC for participation in
the Downtown Rehabilitation Loan Program is
hereby accepted and approved.
Section 2. That the Mayor is hereby
authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, the
attached Commitment Letter and to forward said
letter to The Cooper Development Company,
LLC for review and approval.
Section 3. That the City Manager be and he Is
hereby directed to prepare, upon execution and
receipt of the attached Commitment Letter by
the applicant, the necessary loan documents in
accordance with the terms and conditions set
forth in said Commitment Letter.
Section 4. That the City Manager is hereby
authorized to execute, on behalf of the City
Council at the City of Dubuque, Iowa, ail
necessary loan documents and is further
authorized to disburse loan funds from the
Downtown Rehabilitation Loan Program, in
92
Regular Session, March 19, 2001
accordance with the terms and conditions of the
executed agreement.
Passed. approved and adopted this 19" day of
March. 2001.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Robbins moved adoption of the Resoiution.
Seconded by Nicholson. Motion carried 7-0.
Town Clock Buiiding Company - Downtown
Rehabilitation Loan: City Manager
recommending approval of a request from Town
Clock Building Company (Cottingham & Butler,
Inc.) for funding from the City's TIF-funded
Downtown Rehabilitation Loan Program to
renovate the Town Clock Building at 835 Main
Street, presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION 105-01
A RESOLUTION AUTHORIZING A LETTER
OF COMMITMENT AND ADDITIONAL
ACTIONS CONCERNING A DOWNTOWN
REHABILITATION LOAN TO TOWN CLOCK
BUILDING COMPANY.
Whereas. the City of Dubuque, Iowa, has
created a Downtown Rehabilitation Loan
Program for the purpose of stimuiating
reinvestment in the Downtown Dubuque Urban
Renewal District; and
Whereas, the City of Dubuque, Iowa is
encouraging the use of this loan program to
finance code compliance activities and to spur
job creation activities; and
Whereas, the loan application from the Town
Clock Building Company meets the
requirements of this program; and
Whereas, a Commitment Letter, hereto
attached and by this reference made a part
hereof, sets forth the terms and conditions of
Town Clock Building Company's participation in
the Downtown Rehabilitation Loan Program.
NOW, THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the application of Town Clock
Building Company for participation in the
Downtown Rehabilitation Loan Program is
hereby accepted and approved.
Section 2. That the Mayor is hereby
authorized to execute, on behalf of the City
Council of the City of DUbuque. Iowa, the
attached Commitment Letter and to forward said
letter to Town Clock Building Company for
review and approval.
Section 3. That the City Manager be and he is
hereby directed to prepare, upon execution and
receipt of the attached Commitment Letter by
the applicant, the necessary Joan documents in
accordance with the terms and conditions set
forth in said Commitment Letter.
Section 4. That the City Manager is hereby
authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all
necessary loan documents and is further
authorized to disburse loan funds from the
Downtown Rehabilitation Loan Program, in
accordance with the terms and conditions of the
executed agreement.
Passed, approved and adopted this 19th day of
March, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Cottingham and Butler Insurance Service, Inc.
CEBA Application: City Manager
recommending approval of the submission of a
Community Economic Betterment Account
(CEBA) program application to the Iowa
Department of Economic Development on behalf
of Cottinghem & Butler Insurance Service, Inc.,
presented and read. Michalski moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO.1 06-01
A RESOLUTION AUTHORIZING THE FILING
OF A COMMUNITY ECONOMIC BETTER.
MENT ACCOUNT (CEBA) APPLICATION ON
BEHALF OF COTTINGHAM & BUTLER
INSURANCE SERVICE, INC.
Whereas, Cottingham & Butler Insurance
Service, Inc., a local insurance services
company, has proposed the expansion of its
existing operations; and
Whereas, the City Council of Dubuque, Iowa
has considered said proposal and has
determined that the proposed project will
contribute to the local economy through the
creation of quality jobs for area residents; and
Whereas, the Iowa Department of Economic
Development's Community Economic
Betterment Account (CEBA) was designed to
assist in the economic development efforts of
local jurisdictions; and
Whereas, the City of Dubuque, Iowa is eligible
to apply for funding from the Community
Economic Betterment Account program.
NOW. THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. That the filing of an application for
participation in the Iowa Community Economic
Betterment Account program on behalf of
Cottingham & Butler Insurance Service, Inc., is
approved.
Section 2. That the local match as identified in
the application is hereby approved.
Section 3. That the Mayor is hereby authorized
and directed to execute and submit said
application to the State of Iowa Economic
Regular Session, March 19, 2001
93
.
Development Commission together with such
documents as may be required.
Passed, approved, and adopted this 19th day
of March, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson, Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Mt. Carmel Sanitary Sewer Project: City
Manager recommending initiation of the bidding
process for the Mt. Carmel Sanitary Sewer
Project and that a public hearing be held on April
16, 2001, presented and read. Michalski moved
that the communication be received and filed,
Seconded by Nicholson, Motion carried 7-0.
.
RESOLUTION NO. 107-01
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 Mt.
Carmel Sanitary Sewer Extension Project, in the
estimated amount of $315,644.07, are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, approved and adopted this 19" day of
March,2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson, Motion carried 7-0.
.
RESOLUTION NO. 108-01
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 Mt. Carmel Sanitary Sewer Extension
Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 16th day of April, 2001, 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 shaH 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 19" day of
March, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nichoison. Motion carried 7-0,
RESOLUTION NO.1 09-01
RESOLUTION OF NECESSITY
Whereas, proposed pians have been duly
prepared and approved by the City Council of
the City of Dubuque and are now on file in the
office of City Cierk showing among other things
the plans, specifications, form of contract,
estimated cost and preliminary plat and
scheduie showing the amount proposed to be
assessed against each lot and the valuation of
each lot as filed by the City Council, for the Mt.
Carmel Sanitary Sewer Extension Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, lOW A:
That the City Council deems it advisable and
necessary for the publiC welfare to make the
herein mentioned improvements, and unless
property owners at the time of the final
consideration of this proposed resolution have
on file with the City Clerk objections to the
resoiution of necessity, they shall be deemed to
have waived all objections pertaining to the
regularity 01 the proceeding and the legality of
using the special assessment procedure.
Said improvements shall be constructed and
done in accordance with the plans and
specifications which have been approved by the
City Council and now on file with the City Cierk.
That the cost and expense of making such
improvement will be assessed partially or totally
against privately owned property lying with the
assessment limits, and in an amount not to
exceed that provided by law, and in proportion to
the special benefits conferred.
The portion of the cost which shail be borne by
the City will be paid from the capital
improvement project for the City share of special
assessments, and special assessment bonds
may be issued in anticipation of deferred
payments of assessments when a contract has
been performed and accepted, and the
proceeds thereof used to pay the contractor.
The above resolution was introduced, approved
and ordered placed on file with the City Clerik
this 1 g" day of March, 2001.
Approved and placed on file for final action.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
94
Regular Session, March 19, 2001
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 110-01
FIXING OATE OF HEARING
ON RESOLUTION OF NECESSITY
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 01 the City Clerk for public inspection,
for the Mt. Carmel Sanitary Sewer Extension
Project, and,
Whereas, the proposed Resolution of
Necessity for said improvement has been
introduced and is now on file in the City Clerk's
office for public inspection.
NOW THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 16'" day of April, 2001, a public
hearing will be held at 6:30 o'ciock p.m. in the
Public Library Auditorium in the City of Dubuque
at which time the owners of property subject to
assessment for the proposed improvement or
any other person having an interest in the matter
may appear and be heard for or against the
making of the improvement, the boundaries of
the district, the cost, the assessment against any
lot, or the final adoption of a resolution of
necessity and the City Clerk be and is hereby
authorized and directed to cause a notice of time
and place of such hearing to be published in a
newspaper having generai circulation in the City
of Dubuque, Iowa, which notice shall be
published once each week for two consecutive
weeks, the first publication of which shall be not
less than ten days prior to the day lixed for its
consideration, Unless property owners at the
time of the final consideration of this proposed
resolution have on file with the City Clerk
objections to the Resolution of Necessity they
shall be deemed to have waived all objections
thereto.
Passed, adopted and approved this 19'" day of
March, 2001 .
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 111-01
RESOLUTION APPROVING PRELIMINARY
SCHEDULE OF ASSESSMENTS
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached sheets, 1 to 1 inclusive, are
hereby determined to be the schedule of
proposed assessments for the Mt. Carmel
Sanitary Sewer Extension Project and the
valuations set out herein are hereby approved.
Passed, approved and adopted this 19'" day of
March, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoplion 01 the Resolution.
Seconded by Nicholson. Motion carried 7.0.
RESOLUTION NO. 112-01
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCiL OF THE CITY OF DUBUQUE,
IOWA:
That the Mt. Carmel Sanitary Sewer Extension
Project is hereby ordered to be advertised for
bids for construction.
BE IT FURTHER RESOLVED, that the amount
01 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
5th day of April, 2001. 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 16'" day of April, 2001.
Passed, approved and adopted this19th day of
March, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 113-01
A RESOLUTION AUTHORIZING EMINENT
DOMAIN PROCEEDINGS TO BE INITIATED
TO ACQUIRE SANITARY SEWER EASE-
MENTS FOR CONSTRUCTION OF THE MT.
CARMEL STREET SANITARY SEWER
Whereas, the City of Dubuque has been
negotiating with the owners of record lor right-of-
way necessary for the construction of the Mt.
Carmel Sanitary Sewer Extension Project; and
Whereas, the City of Dubuque finds and
determines that eminent domain proceedings
shouid be instituted to acquire the needed right-
ef-way if easements cannot be acquired through
the negotiation process.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. That eminent domain proceedings
be instituted forthwith by the City of Dubuque,
Iowa, for acquisition of the following lots or
portions thereof if easements cannot be
acquired through the negotiation process:
Regular Session, March 19, 2001
95
.
Lot 1-2-2-2-1-2,2-2-1-1 Laurel Place
1-2-2 Laurel Place
2-2-2 Laurel Place
1-1-1-1-1-2-1 Mineral Lot 38
2-1-1-1-1-2-1 Mineral Lot 38
Lot 2, Sub. 1-1-2-1-1, Sub. 1-1-1-2-1
Mineral Lot 38
Sub. 1-1.2-1, Sub. 1-2-1-1 Mineral Lot 38
Sub. 2-1-1, Lot 2 Sub 1-2-1, Lot 2 Sub 2-2-1
Mineral Lot 38
2-1-1-1-1-1-1-5,2-2-2-1 Linhein's
Subdivision & Mineral Lot 38
2-1-1-1.1-6 Linhein's Subdivision &
Mineral Lot 38
1&2, N 110' of 7,1&2-14,2-13, 2-S20T of 6,
Linhein's Subdivision 1-2-8
And that Corporation Counsel be directed to
institute said eminent domain proceedings
forthwith for and on behalf of the City of
Dubuque, Iowa if negotiations fail.
Section 2. That the Corporation Counsel be
and is hereby directed and empowered to do
any and all things necessary and incidental to
said eminent domain proceedings if negotiations
fail.
Passed, approved and adopted this 19'h day of
March, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
.
Sanitary Sewer Reconstruction Project - Alley
Between Rhomberg and Garfield, from Dock to
Fanglsr: City Manager recommending initiation
of the bidding process for the Sanitary Sewer
Reconstruction Project in the alley between
Rhomberg and Garfield, from Dock to Fengler
and that a public hearing be held on April 16,
2001, presented and read. Michalski moved that
the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
.
RESOLUTION NO. 114-01
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 Sanitary
Sewer Reconstruction Alley between
Rhomberg and Garfield, from Dock to Fengler,
in the estimated amount of $152,122.63, are
hereby approved and ordered filed in the office
of the City Clerk for publiC inspection.
Passed, adopted and approved this 19" day of
March, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schne,der, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 115-01
FIXING DATE OF HEARING
ON PLANS ANO 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 Sanitary Sewer Reconstruction 0 Alley
between Rhomberg and Garfield, from Dock to
Fengler.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 16'h day of April, 2001, 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, adopted and approved this 19'h day of
March,2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 116-01
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Sanitary Sewer Reconstruction 0
Alley between Rhomberg and Garfield, from
Dock to Fengler 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 01 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 5th day of April, 2001. Bids shall be opened
and read by the City Clerk at said time and will
96
Regular Session, March 19, 2001
be submitted to the Council for final action at
6:30 p.m. on the 16th day of April, 2001.
Passed, adopted and approved this 19th day of
March, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption or the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Lease to Telecorp Realty: City Manager
recommending that a public hearing be set for
April 2, 2001 to consider a lease between the
City of Dubuque and Telecorp Realty for the
placement of a telecommunications tower on the
Third Street Water Tower, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 117-01
A RESOLUTION OF THE CITY'S INTENT TO
DISPOSE OF INTEREST IN PROPERTY
DESCRIBED IN A LEASE BETWEEN THE
CITY OF DUBUQUE, IOWA AND TELECORP
REALTY, LLC FOR THE INSTALLATION AND
OPERATION OF A WIRELESS TELECOM-
MUNICATION FACILITY.
Whereas, the City Council of the City of
Dubuque, Iowa encourages the expansion of
wireless telecommunication services to its
citizens, businesses, and institutions, while at
the same time minimizing safety and aesthetic
concerns posed by the construction of new
towers and monopoles in residential areas, and
Whereas, T elecorp Realty, LLC is the holder of
a current Federal Communications Commission
license to provide certain wireless
telecommunication services for sale in and
around the City of Dubuque, and
Whereas, Telecorp Realty, LLC desires to
expand its signal coverage area and enhance
the quality end capacity of its technical
infrastructure by installing and operating a
wireless telecommunication antennae facility on
and near a water tower owned by the City of
Dubuque, identified as site W.2, and located at
1525 West Third Street in Dubuque, and
Whereas, the City of Dubuque desires to lease
to Telecorp Realty, LLC certain space on the
water tower site W -2 lower catwalk, along with
adjacent ground spece, for the purpose of
installation and operation of a wireless
telecommunication antenna facility; and
Whereas, representatives of Teiecorp Realty,
LLC and of the C;ity of Dubuque have negotiated
terms for such a lease, a copy of which is
attached hereto, which the City Council finds
beneficial to the community.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. That the City of Dubuque, Iowa
intends to dispose of an interest in the property
described in the proposed lease agreement with
Telecorp Realty, LLC under the conditions
stipulated in the lease agreement.
Section 2. That the City Clerk is hereby
authorized and directed to cause a notice to be
published of the proposed lease agreement in
the manner prescribed by law.
Passed, approved and adopted this 19" day of
March,2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution
and further set this for Public Hearing on 4/2/01
at a meeting to commence at 6:30 P.M. in the
Public Library Auditorium and that the City Clerk
publish notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
.
There being no further business, Buol moved
to adjourn. Seconded by Robbins. Motion
carried 7-0. The meeting adjourned at 7:29
P.M.
/s/ Jeanne F. Schneider
City Clerk
1t 3/28
.
2001
'/
.