2005 November Council Proceedings
Special Session, November 7, 2005
395
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, November 7,
2005
Council met in Special Session at 5:00 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Van Milligen,
Corporation Counsel Lindahl.
Mayor Duggan read the call and stated this
meeting is a Special Session of the City Council
called for the purpose of discussing the Highway
20 bridge project with the Iowa Department of
Transportation.
Dick Kautz, Iowa Department of Transportation
District Engineer, and Pat Dunn of RDG
Planning and Design, spoke giving details of the
proposed new bridge project. They stated the
new bridge is in its final design, with design
completion in mid-2006. They have completed
the ROW access needed on the Iowa side and
now are working on the Illinois side. They
stressed Iowa and Illinois must work together for
this bridge, with its estimated cost of
$180,000,000.
There being no further business, Connors
moved to adjourn. Seconded by Cline. Motion
carried 7-0. The meeting adjourned at 5:50 P.M.
Isl Jeanne F. Schneider, CMC
City Clerk
Z"[
,
2006
2006
396
Regular Session, November 7,2005
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, November 7,
2005
Councii met in Regular Session at 6:30 P.M. in
the Public Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michaiski,
Nicholson, City Manager Van Milligen,
Corporation Counsel Lindahl.
Mayor Duggan read the call and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properly come before the Council
Invocation was given by Sister Carol Karwoski,
OSF, Emergency Shelter Coordinator
Proclamations: Hospice Care Month
(November 2005) received by Carole Carroll;
Hunger and Homelessness Awareness Month
(November 2005) received by Sister Carol
Karwoski; and Philanthropy Day (November 15,
2005) received by Sister Cathy Katoski
Cari McCarthy of Dubuque Moose Lodge #355
presented a check for $1,700 to help with the
needs of Greenwood, MS as they provide aid to
the evacuees of Hurricane Katrina
CONSENT ITEMS
Minutes and Reports Submitted: Arts and
Cultural Affairs Advisory Commission of 9/28;
City Council of 10/17; Five Flags Commission of
9/19; Housing Commission of 9/27; Human
Rights Commission of 9/19; Investment
Oversight Commission of 10/24; Library Board
of 9/27; Park and Recreation Commission of
10/11, presented and read. Buoi moved that the
minutes be received and fiied. Seconded by
Nicholson. Motion carried 7-0.
Proof of publication of City Council
Proceedings of October 3, 2005, presented and
read. Buol moved that the proof be received
and filed. Seconded by Nicholson. Motion
carried 7-0.
Investment Oversight Quarteriy Report; Airport
Update; Substance Abuse Services Center
Quarterly Report, presented and read. Buol
moved that the communications be received and
fiied. Seconded by Nicholson. Motion carried 7-
O.
Notice of Claims/Suits: Mark Blocklinger for
vehicle damage; Michael and Viola Elliott for
property damage; William and Joyce Glasson for
property damage; Rebekkah Michel for property
damage; Penny Splinter for property damage
and personal injury; Patrick Sullivan for vehicle
damage, presented and read. Buol moved that
the communications be received and filed and
referred to Legal for investigation and report.
Seconded by Nichoison. Motion carried 7-0.
Corporation Counsel advising that the
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Patrick
Sullivan for vehicle damage; Penny Splinter for
personal injury/vehicle damage, presented and
read. Buol moved that the communications be
received and filed and concurred. Seconded by
Nicholson. Motion carried 7-0.
Corporation Counsei advising that the claim of
Mark Blocklinger has been referred to
Tschiggfrie Excavating Company, presented and
read. Buol moved that the communication be
received and fiied. Seconded by Nicholson.
Motion carried 7-0.
Corporation Counsel recommending
settlement of the claims of Michael and Viola
Elliott and Rebekkah Michel for property
damage and directing the Finance Department
to issue payment, presented and read. Buol
moved that the communications be received and
filed and concurred and Finance Department to
issue payments. Seconded by Nicholson.
Motion carried 7-0.
Corporation Counsel recommending denial of
the claim of William and Joyce Glasson for
property damage, presented and read. Buol
moved that the communication be received and
filed and concurred. Seconded by Nicholson.
Motion carried 7-0.
Tax Assessment Appeal - Stipuiation of
Settiement: Corporation Counsel submitting a
Stipulation of Settlement of a tax assessment
appeal by Michael L. and Rita R. Klein,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Iowa Department of Transportation
Supplemental Agreement: City Manager
recommending approval of a Supplemental
Agreement with the Iowa Department of
Transportation related to maintenance of
primary roads in municipalities, presented and
read. Buol moved that the communication be
Regular Session, November 7, 2005
397
received and filed. Seconded by Nicholson.
Motion carried 7.0.
Five Flags HVAC Phase I Project -
Acceptance: City Manager recommending
acceptance of the Five Flags Civic Center HV AC
Phase I Project as completed by Geisler
Brothers Company in the amount of
$502,816.56, presented and read. Buol moved
that the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 492-05
ACCEPTING IMPROVEMENT
Whereas, the contract for the Five Flags
HV AC Phase I Project has been completed and
the City Manager has examined the work and
filed his certificate stating that the same has
been completed according to the terms of the
contract. plans and specifications and
recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. That the recommendation of the City
Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the Generai Fund in amount
equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 7th day of
November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 493-05
FINAL ESTIMATE
Whereas, the contract for the Five Flags
HVAC Phase I Project has been completed and
the Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is
hereby determined to be $502,816.56, and the
said amount shall be paid from the General
Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 7th day of
November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nichoison. Motion carried 7-0.
Key City Moving and Storage Lease: City
Manager recommending approval of a one year
lease with Key City Moving and Storage for
property at the southeast corner of Rockdale
Road and Twin Valley Drive in the amount of
$5,040, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Sidewalk Assessment Project - Bid #1 -
Acceptance: City Manager recommending that
assessments in the amount of $5,395.87 be
levied against twelve parcels of property as part
of the 2005 Sidewalk Assessment Project - Bid
#1, presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 494-05
A RESOLUTION ADOPTING THE FINAL
ASSESSMENT SCHEDULE FOR THE 2005
SIDEWALK ASSESSMENT PROJECT - BID
#1 INCLUDING CERTAIN INFORMATION
REQUIRED BY THE CODE OF IOWA,
SPECIFICALLY, THE NUMBER OF ANNUAL
INSTALLMENTS INTO WHICH ASSESS-
MENTS ARE DIVIDED, THE INTEREST ON
ALL UNPAID INSTALLMENTS, THE TIME
WHEN THE ASSESSMENTS ARE PAYABLE
AND DIRECTING THE CLERK TO CERTIFY
THE FINAL SCHEDULE AND TO PUBLISH
NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the final
schedule of assessments and accompanying
plat showing the assessments proposed to be
made for the construction of the 2005 Sidewalk
Assessment Project - Bid #1 under contract with
Perry Construction of Dubuque, Iowa, which
final plat and schedule were filed in the office of
the City Clerk on the 2nd day of November,
2005, the said schedule of assessments be and
the same is hereby approved and adopted.
That there be, and is hereby assessed and
levied as a special tax against and upon each of
the lots, the respective sums indicated.
Provided, further, that the amounts shown in
said final schedule of assessments as
deficiencies are found to be proper and levied
conditionally against the respective properties
benefited by the improvements as shown in the
schedule, subject to the provisions of Section
384.63 of the Code of Iowa. Said assessments
against said lots are hereby declared to be in
proportion to the special benefits conferred and
not in excess of twenty-five percent of the value
of same.
That the City Clerk be and is hereby directed
to certify said schedule to the County Treasurer
398
Regular Session, November 7,2005
of Dubuque County, Iowa, and to publish notice
of said certification once each week tor two
consecutive weeks in the manner provided in
Section 362.3, the first publication of which shall
be not more than fifteen days from the date of
filing of the final schedule. On or before the date
of the second publication of the notice, the City
Clerk shall also mail a copy of said notice to
property owners whose property is subject to
assessment, as provided and directed in Section
384.60 of the Code of Iowa.
Those assessments may be paid in full or in
part without interest at the office of the City
Treasurer, City Hall, 50 W. 13th Street,
Dubuque, Iowa, at any time within 30 days after
the date of the first publication of this notice of
the filing of the final schedule of assessments
with the County Treasurer. After 30 days,
unpaid assessments of $100.00 or more are
payable in 10 annual installments at the County
Treasurer's Office, Dubuque County
Courthouse, 720 Central Avenue, Dubuque,
Iowa, and will draw annual interest at nine (9)
percent (commencing on the date of acceptance
of the work) computed to December 1 next
following the due dates of the respective
installments as provided in Section 384.65 of the
Code of Iowa. Each installment will be
delinquent from October 1 following its due date
on July 1 of each year. Property owners may
elect to pay any annual installments
semiannually in advance.
Passed, approved and adopted this 7'" day of
November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
2005 SIDEWALK ASSESSMENT
PROJECT - BID #1
SCHEDULE OF FINAL ASSESSMENTS
PROPERTY OWNER PARCEL#
SIDEWALK LOCATION & LEGAL
TOTAL ASSESSMENT
Breedwell, Lori 11-18-151-008
1709 Prescott, Lot 586 Hams's Addn. $247.88
Broughton Investments 10-13-256-002
2654 Queen Lot 8 Mettels Sub. $342.13
Collins, Thomas 10-23-483-001
1390 Glen Oak Lot 1-1-1- M.L. 175 $393.88
Cook, Bennett and Carroll, Mary Ellen
10-23-484-013 1395 Alta Vista (on Loras) Lot
14 Levens $699.20
Crooks, Anna & Richard 10-13-414-001
2516 Queen Lot 50 Staffords Addn $516.35
Doerr, Gladys 10-13-457-001 2310
Queen Lot 2-26 Sanfords Sub & Lot 1-27
$360.53
Fah, Peter & Mildred 10-13-453-003
2428 Queen Lot 44 Staffords Addn.
$223.10
Hillside Homes, LLC 10-23-479-011
1207 Loras Lot 12 Home Addn. $243.80
Rettenmaler, John
013 Vacant on Loras Lot
Pleasant
SFJV 2003-LLC 10-13-402-001
2622 Queen Lot 66 Staffords Addn
$233.45
Vandenberg, Michael 10-13-456-012
2307 Queen N. 30' Lot 38 Sanfords Sub.
$650.90
Wyngarden, Mark 10-13-453-007
2420 Queen Lot 1 of 42 & 43 Staffords Addn.
$454.25
TOTAL: $5,147.47
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
10-23-480-
1-1-2-1-1 Lot 16 Mt
$782.00
Iowa Recycling Association: City Manager
advising that Solid Waste Management
Supervisor Paul Schultz has been named as
"Recycler of the Year" by the Iowa Recycling
Association, presented and read. Michalski
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
Burch Street Update (Tabled on October 3,
2005): City Manager submitting an update on
the property located at 409 Burch Street and
recommending that this item be re-tabled to
December 5, 2005, presented and read. Buol
moved that the communication be received and
filed and tabled to 12/5/05. Seconded by
Nicholson. Motion carried 7-0.
Five Flags Equipment Purchase: City Manager
recommending approval of the purchase of 200
ice skates in the amount of $15,000 to replace
current equipment and repiacement of the fire
curtain trip mechanism in the amount of $14,700
at the Five Flags Center, presented and read.
Buol moved that the communication be received
and filed and approved recommendation.
Seconded by Nicholson. Motion carried 7-0.
Irrevocable License for McKesson Loading
Dock: City Manager recommending approval of
an Irrevocable License for a loading dock In the
alley between Locust Street and Main Street, 7th
Street and 8th Street, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Nicholson. Motion carried 7-0.
Keyline Fixed Route Driver Recognition: City
Manager advising that Area Residential Care
presented the Keyline fixed route drivers and
dispatch staff with an award for going above and
beyond to provide assistance to the consumers
served by ARC, presented and read. Michalski
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
Regular Session, November 7, 2005
399
Fiscal Year 2006 Annual Action Plan -
Amendment #2: City Manager recommending
adoption of the amended and restated Fiscal
Year 2006 Annual Action Plan for the City's
Community Development Block Grant (CDBG)
program, presented and read. Buol moved that
the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 495-05
RESOLUTION APPROVING AN AMENDED
AND RESTATED FISCAL YEAR 2006
(PROGRAM YEAR 2005) ANNUAL PLAN -
AMENDMENT 2 FOR COMMUNITY DEVELOP-
MENT BLOCK GRANT (CDBG) FUNDS.
Whereas, the City of Dubuque prepared and
filed Annual Action Plan for Fiscal Years 2005
and 2006; and
Whereas, the City of Dubuque now desires to
amend said Annual Action Plans by
incorporating them into one amended and
restated plan 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 public comment
periods beginning September 10, 2005; and
Whereas, the Community Development
Advisory Commission reviewed the proposed
amendment at a public hearing on October 12,
2005, 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 the Annual Action Plans for
Fiscal Years 2005 and 2006 are hereby
rescinded and the balance of funds from these
plans is incorporated into an Amended and
Restated Fiscal Year 2006 (Program Year 2005)
Annual Action Pian - Amendment 2, attached
hereto as Exhibit A.
Section 2. That said Amended and Restated
Fiscal Year 2006 (Program Year 2005) Annual
Plan - Amendment 2 attached hereto as Exhibit
A Is hereby approved.
Section 3. 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 7th day of
November 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Dubuque County Extension Cp2 Grant for
Multicultural Center: City Manager
recommending approval of an amendment to the
cp2 Agreement with Dubuque County Extension
for the Multicultural Center, presented and read.
Buol moved that the communication be received
and filed. Seconded by Nicholson. Motion
carried 7-0.
Legislative Letters: Communication to State
Legislators advising that the City has received a
$15,500 Historic Resource Development
Program Grant from the State Historical Society
of Iowa to conduct an archeological investigation
in and around the Shot Tower, presented and
read. Buol moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
Vision Iowa Report: City Manager submitting
the Annual Vision Iowa Report, presented and
read. Buol moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
White Water Creek Bridge Relocation: City
Manager recommending approval of the
selection of NNW, Inc. as the consultant for the
White Water Creek Bridge relocation to a
planned bike/hike trail in the Bergfeld Recreation
Area, presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Professional Services Floodplain Mapping:
City Manager recommending approval of hiring
IIW Engineers and Surveyors to provide
professional services for floodplain mapping for
property in the Dubuque Industrial Center West,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 497-05
RESOLUTION APPROVING PROPOSAL FOR
PROFESSIONAL SERVICES WITH IIW
ENGINEERS & SURVEYORS FOR FLOOD-
PLAIN MAPPING IN THE DUBUQUE
INDUSTRIAL CENTER WEST.
Whereas, the City of Dubuque, Iowa has
identified the need to revise the official Flood
Insurance Study map for portions of the
Dubuque Industrial Center West; and
Whereas, IIW Engineers & Surveyors has
provided a proposal to complete the necessary
analysis and mapping work.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
400
Regular Session, November 7, 2005
Section 1. That a proposal from IIW Engineers
& Surveyors for professional services is hereby
approved.
Section 2. That the City Manager is hereby
authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, a contract
with IIW Engineers & Surveyors for consultant
services not to exceed $15,600.
Passed, approved and adopted this 7th day of
November 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
REAP Award Grant - Iowa 32 Bike/Hike Trail
(Phase 1): City Manager advising that the City
has received a $200,000 grant from the Iowa
Natural Resources Commission for the Iowa 32
(Northwest Arterial) Bike/Hike Trail, presented
and read. Michalski moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
Dubuque Main Street Challenge Grant
Application: City Manager recommending
approval of a letter of support to Dubuque Main
Street, Ltd. for Challenge Grant funding for Step
By Step to locate housing accessible to persons
with disabilities at 759 Bluff Street, presented
and read. Buol moved that the communication
be received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 7-0.
Clarke College Banners: City Manager
recommending approval of a request from
Clarke College to install seventeen banners in
the public right-of-way on Clarke Drive near the
Atrium, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Airport Commission Capital Improvement
Program: City Manager recommending approval
of a request from the Ainport Commission to
change the Airport's Fiscal Year 2006
equipment replacement schedule, presented
and read. Buol moved that the communication
be received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 7-0.
Dubuque Arts Council: Communication from
the Dubuque Arts Council expressing
appreciation for the City Council's support of the
performing arts, presented and read. Michalski
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
Quarterly Investment Report: City Manager
submitting the September 30, 2005 Quarterly
Investment Report, presented and read. Buol
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
Health Care Funding / Community Health
Center: Communication to Congressman Jim
Nussle, Senator Chuck Grassley and Senator
Tom Harkin regarding the need for health care
funding and expressing appreciation for their
assistance in the establishment of a Community
Health Center in Dubuque, presented and read.
Buol moved that the communication be received
and filed. Seconded by Nicholson. Motion
carried 7-0.
Business Licenses:
RESOLUTION NO. 498-05
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of
Cigarettes within the Cily of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
1 NEW
A & B Tap DDA Enterprises, Inc
2600 Central Av
Passed, approved and adopted this 7th day
of November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 499-05
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
1 RENEWAL
One Flight Up One Flight Up Inc.
44 Main St
Passed, approved and adopted this 7th day
of November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 500-05
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
Regular Session, November 7,2005
401
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by
such applicants were Inspected and found to
comply with the Ordinances of the City and have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to
be issued the following named applicants a Beer
Permit.
CLASS "C" BEER PERMIT
Hy-Vee, Inc Hy-Vee Gas # 2+
(Sunday Sale) 2435 NW Arterial
Target Corporation Target Store #0086+
(Sunday Sale) 3500 Dodge St
Passed, approved and adopted this 7th day
of November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 501-05
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" LIQUOR LICENSE
Platinum Holdings LLC Grand Harbor Resort
/ Water Pk. (Sunday/Outdoor) 350 Bell
CLASS "C" BEER/LIQUOR LICENSE
Raysan Corp Bridge Restaurant+
(Sunday Sale) 31 Locust St
Sun's Corp. Yen Ching Restaurant
926 Main St
Point Restaurant Inc Point Restaurant+
(Sunday /Outdoor Sale) 2370 Rhomberg
CLASS "B" WINE
Target Corporation Target Store 0086
3500 Dodge St
CLASS "E" LIQUOR
Target Corporation Target Store #0086
3500 Dodge St
CLASS "WBN" NATIVE WINE
Dub Area Chamber Of Commerce Dub Area
Chamber of Commerce 300 Main Ste 200
Passed, approved and adopted this 7th day of
November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
ITEM TO BE SET FOR PUBLIC HEARING
United Rental Building Demolition and Site
Clearance Project: City Manager recommending
initiation of the bidding process for the former
United Rental Building - Demolition and Site
Clearance Project and that a public hearing be
set for December 19, 2005, presented and read.
Cline moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 502-05
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 former
United Rental Building - Demolition and Site
Clearance Project in the estimated amount of
$35,000 are hereby approved and ordered filed
in the office of the City Clerk for public
inspection.
Passed, adopted and approved this 7'h day of
November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 503-05
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 former United Rental Building" Demolition
and Site Clearance Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 19'h
day of December, 2005, 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
402
Regular Session, November 7,2005
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 7'h day of
November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 504-05
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Former United Rental Building -
Demolition and Site Clearance Project is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the a'h day of December, 2005. 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 1 g~ day of December,
2005.
Passed, adopted and approved this 7'h day of
November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Markham. Motion carned 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Boards/Commissions:
Human Rights Commission (One unexpired
term through January 1, 200a - term of Oswald)
Applicants: Anthony Allen, Mary Gassman,
David Loney No one spoke.
Mary Gassman communicated that she is
withdrawing her application.
Long Range Planning Advisory Commission
(Two unexpired terms through July 1, 200a -
terms of Portzen and Rusk) Applicant:
Shannon Lundgren No one spoke.
Appointments to the following Board: Transit
Board of Trustees (Three 3-year terms through
July 1, 200a - terms of Enderson, Lightcap and
Sand) Applicants: George O. Enderson,
Michael Sand
Additional Applicant: Joel Lightcap
Michalski moved that George O. Enderson,
Joel Lightcap and Michael Sand be reappointed
to three year terms which will expire July 30,
200a. Seconded by Nicholson. Motion carried
7-0.
PUBLIC HEARINGS
Buol moved that the rules be suspended to
allow anyone present to address the Council.
Seconded by Nicholson. Motion carried 7-0.
Vacate and Sale of Southern Avenue Property:
Proof of publication of notice of hearing to
consider vacating and disposing of City-owned
property along Southern Avenue to Allan and
Constance Rowell and City Manager
recommending approval, presented and read.
Cline moved that the proof and communication
be received and filed. Seconded by Connors.
Motion carried 7-0.
Allan and Constance Rowell spoke in support
of their proposal to build a home on the property.
David Pins, 405 Southern, spoke objecting to
the disposal of the property and questioned the
loss of green space.
S. A. Sutton, 1700 N. Algona, submitted a
letter in opposition to the disposal.
RESOLUTION NO. 505-05
VACATING AND DISPOSING OF CITY
INTEREST IN LOT 29, 30, AND 31 OF
MINERAL LOT 39, THE EASTERLY 30' OF
LOT 1 OF JOHN BREAKEY'S DUBUQUE, THE
WESTERLY 56' OF LOT 1 OF JOHN
BREAKEY'S DUBUQUE, LOT 2 OF JOHN
BREAKEY'S DUBUQUE,. DUBUQUE, IOWA
BY SALE TO ALLAN L. AND CONSTANCE J.
ROWELL
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circulation publiShed in the City of Dubuque,
Iowa on the 21st day of October, 2005, the City
Council of the City of Dubuque, Iowa met on the
7th day of November, 2005, at 6:30 p.m. in the
Public Library Auditorium, 360 West 11th Street,
Dubuque, Dubuque County, Iowa to consider
the proposal for the sale of real estate described
as:
Lot 29, 30, And 31 Of Mineral Lot 39, The
Easteriy 30' Of Lot 1 Of John Breakey's
Dubuque, The Westerly 56' Of Lot 1 Of John
Breakey's Dubuque, Lot 2 Of John Breakey's
Dubuque, Dubuque, Iowa
Regular Session, November 7, 2005
403
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written, to the proposal to sell such real
estate.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque
real property described above to Allan L. and
Constance J. Rowell be and the same is hereby
approved for the sum of $30,000.00, plus the
cost of publication, platting and filing.
Conveyance shall be by Quit Claim Deed.
Section 2. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
Allan L. and Constance J. Rowell, upon receipt
of the purchase price in full and payment of the
cost of publication, platting and filing..
Section 3. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the offices of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 7th day of
November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Buol moved to reinstate the rules limiting
discussion to the Council. Seconded by
Nicholson. Motion carried 7-0.
ACTION ITEMS
Convention and Visitors Bureau - Quarterly
Report: Sue Czeshinski, Dubuque Area
Chamber of Commerce Convention and Visitors
Bureau, to present quarterty report, presented
and read. Sue Czeshinski spoke detailing the
positive report of visitors to Dubuque. Cline
moved that the report be received and filed.
Seconded by Connors. Motion carried 7-0.
Samantha Drive Culvert Update: City Manager
submitting the results of the engineering
analysis to quantify the impacts to surrounding
properties due to the culvert at 2440 Samantha
Drive, presented and read. Buol moved that the
communication be received and filed and
directed Staff to take action and declare it a
public nuisance. Seconded by Nicholson.
Motion carried 5-2 with Cline and Duggan voting
Nay.
Request for Proposals - Operations and
Maintenance Garage Redevelopment: City
Manager recommending approval of a Request
for Proposals for redevelopment of the former
City Operations and Maintenance Garage
offices at 925 Kerper Boulevard, presented and
read. Markham moved that the communication
be received and filed and approved
recommendation. Seconded by Connors.
Motion carried 7-0.
Sidewalk Inspection Program: City Manager
recommending approval of revisions to the City's
Sidewalk Inspection Program in response to
various citizen concerns, presented and read.
Michaiski moved that the communication be
received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 7-0.
Zoning and Subdivision Ordinances Update:
City Manager recommending approval of a
revised schedule for the update of the City's
Zoning and Subdivision Ordinances, presented
and read. Cline moved that the communication
be received and filed and approved
recommendation. Seconded by Connors.
Motion carried 7-0.
Michalski requested an updated schedule with
the dates relevant to the City Council
Bickford Transformer Processing Facility: City
Manager recommending approval of a $1,000
contribution to remediation costs to eliminate
potential liability due to the City sending
equipment containing PCB's to the processing
facility in Bickford, Wisconsin, presented and
read. Cline moved that the communication be
received and filed and approved
recommendation. Seconded by Connors. Motion
carried 7-0.
Legislative Issues: City Manager
recommending adoption of the City of Dubuque
State Legislative Issues and Priorities for the
2006 Legislative Session, presented and read.
Michalski moved that the communication be
received and filed and recommendation
approval. Seconded by Connors. Motion carried
7-0.
Parade and Assembly Permits: City Manager
recommending approval of an amendment to the
Parade and Assembly Permits Ordinance that
excludes small groups (under 25 people) from
having to obtain a public assembly permit,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
An Ordinance Amending the City of Dubuque
Code of Ordinances Section 33-21 Parade,
Assembly Permit Required, presented and read.
OFFICIAL PUBLICATION
404
Regular Session, November 7, 2005
ORDINANCE NO. 61-05
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES SECTION 33-21 PARADE,
ASSEMBLY PERMIT REQUIRED
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 33-21 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
Sec. 33-21. Parade, Assembly Permit
Required:
Before any group of persons shall collect or
gather together or parade or march upon the
streets of the city, or before any group of 25 or
more persons shall collect or gather together or
parade or march upon the sidewalks of the city,
they shall first obtain a permit from the city
manager, which permit, when issued, shall be
without charge, and shall state the time, manner
and conditions of such march, parade or
assembly.
Section 2. This amendment shall take effect
upon publication.
Passed, approved and adopted this 7th day of
November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 11 ~ day of November, 2005.
Jeanne F. Schneider, City Clerk
1t11/11
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended. Seconded by Nicholson. Motion
carried 7-0. Buol moved final consideration and
passage of the Ordinance. Seconded by
Nicholson. Motion carried 7.0.
Ribbon Cuttings: City Manager submitting
proposed dates for various ribbon cuttings and
requesting Council approval, presented and
read. Michalski moved that the communication
be received and filed and approved dates.
Seconded by Connors. Motion carried 7-0.
Nicholson and Cline stated they were
unavailable on 12/1/05.
COUNCIL MEMBER REPORTS
Mayor Duggan expressed concern that the
City Council did not have a permanent seat on
the Dubuque Area Chamber of Commerce
Board of Directors and urged the new Council to
insist on this as the City provides a large amount
of monetary support to the Chamber.
Michalski stated there is a traffic problem on
Kerper Court when Eagle Window & Door has a
shift change.
As this is the last meeting before the new
Second Ward Council Member takes office after
the election, Buol thanked the Second Ward
residents for their support.
Duggan thanked Buol for his action in
resigning the Second Ward Council Seat to
pursue the Mayor's position.
Michalski lead the Council and staff in giving a
hand to Council Member Buol for his terms on
the Council.
Mayor Duggan urged everyone to vote
tomorrow.
At 7:44 P,M. Buol moved to go into Closed
Session re: Property Acquisition - Chapter
21.5(1) m 2005 Code of Iowa. Seconded by
Nichoison. Motion carried 7-0.
At 8:16 P.M. Council reconvened regular
session stating that staff had been given proper
direction.
There being no further business, Buol moved
to adjourn. Seconded by Nicholson. Motion
carried 7-0.
The meeting adjourned at 8:17 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 11/16
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2006
Regular Session, November 7,2005
405
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406
Special Session, November 17, 2005
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, November 17,
2005
Council met in special session at 5:30 p.m. at
the Dubuque Greyhound Park and Casino
Present: Mayor Duggan, Council Members
Buol, Connors, Michalski, Nicholson, Member-
Elect Braig, City Manager Van Milligen
Absent: Council Member Markham
Also Present: State Legislators, Dubuque
County Board of Supervisors, Dubuque
Community School Board representatives, and
Holy Family Catholic School Board
representative
Mayor Duggan read the call and stated this is
a special session of the City Council called for
the purpose of discussing legislative issues.
The City Council, County Board of
Supervisors, Dubuque Community School Board
Members, and Holy Family Catholic School
System met with area legislators to discuss
issues of concem for the upcoming legislative
session.
There being no further business, upon motion
meeting adjourned at 8:05 p.m.
Isl Jeanne F. Schneider
City Clerk
1111/28
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2006
Council Members
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Regular Session, November 21, 2005
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, November 21,
2005
Council met in Regular Session at 6:30 P.M. in
the Public Library Auditorium
Present: Mayor Duggan, Council Members
Braig, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Van Milligen,
Corporation Counsel Lindahl.
Mayor Duggan read the call and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properly come before the Council
Invocation was given by Dr. Dan Thomton,
interim Pastor, Third Presbyterian Church
Mayor Duggan swore in Second Ward Council
Member Karla Braig.
CONSENT ITEMS
Minutes and Reports Submitted: Cabie TV
Teleprogramming Commission of 10/4; City
Council of 11/7; Civil Service Commission of
9/19 and 10/19; Community Development
Advisory Commission of 10/12; Five Flags
Commission of 10/17; Historic Preservation
Commission of 10/20; Human Ri9hts
Commission of 10/5 and 10/24; Zoning Advisory
Commission of 11/2; Zoning Board of
Adjustment of 10/27, presented and read.
Connors moved that the minutes be received
and filed. Seconded by Markham. Motion
carried 7-0.
Library Board Of Trustees Update from
meeting of October 27, 2005, presented and.
read. Connors moved that the communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
Proofs of publication of City Councii
Proceedings of October 17, 2005 and List of
Claims and Summary of Revenues for month
ending August 31, 2005, presented and read.
Connors moved that the proofs be received and
filed. Seconded by Markham. Motion carried 7-
O.
Notice of Claims/Suits: Richard Brown for
vehicle damage; Karen Egan for property
damage; Maquoketa Valley Electric Cooperative
for property damage; Kasey McMahon for
407
vehicle damage, presented and read. Connors
moved that the ciaims be received and fiied and
referred to Legal for investigation and report.
Seconded by Markham. Motion carried 7-0.
Corporation Counsel advising that the
following ciaim has been referred to Pubiic Entity
Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool: Richard Brown
for vehicle damage, presented and read.
Connors moved that the communication be
received and filed and concurred. Seconded by
Markham. Motion carried 7-0.
Corporation Counsel recommending
settlement of the claim of Karen Egan for
property damage and the claim of Maquoketa
Valley Electric Cooperative for property damage
and directing the Finance Department to issue
payment, presented and read. Connors moved
that the communications be received and filed
and concurred and Finance Department to issue
payments. Seconded by Markham. Motion
carried 7-0.
Corporation Counsel recommending that the
claim of Kasey McMahon for vehicle damage be
referred to Tschiggfrie Excavating Company,
presented and read. Connors moved that the
communication be received and fiied and
concurred. Seconded by Markham. Motion
carried 7-0.
Civil Service Commission: Civil Service
Commission submitting the certified list for the
positions of Records Supervisor and GIS
Coordinator/Analyst, presented and read.
October 19, 2005
Honorable Mayor and Members
of the City Council
In accordance with Chapter 400 of the 2005
Code of Iowa, an examination was given for the
position of Records Supervisor. We hereby
certify that the individuals listed below have
passed this written examination and filling the
vacancy for this position should be made from
this list and that this iist is good for two (2) years
from above date.
RECORDS SUPERViSOR
M. Jane Even Michelle Gilie
Sherry Grable Amanda Kennedy
John Kompare Carol Krayer
Julie Miller Kenneth Miller
Rhonda Powers Karen Schloss
Charles Searles Cheryl Sheldon
Mary Elizabeth Smith Cheryl Steckel
Rlfat Sufi Brenda Sullivan
Charlene Wiezorek
Respectfully submitted:
Merle Duehr, Chairperson
Laras Kluesner
408
Regular Session, November 21, 2005
Richard Wertzberger
Civil Service Commission
Connors moved that the communication be
received and filed and made a matter of record.
Seconded by Markham. Motion carried 7-0.
October 19, 2005
Honorabie Mayor and Members of the City
Council
In accordance with Chapter 400 of the 2005
Code of Iowa, an examination was given for the
position of GIS Coordinator I Analyst. We
hereby certify that the individuals listed below
have passed this written examination and filling
the vacancy for this position should be made
from this list and that this list is good for two (2)
years from above date.
GIS COORDINATOR I ANALYST
Brian Brown Grace Li
Eric Brockwell Edwin Falconer
Brian Kratcha Doug Breeden
Nicole Breitsprecker David Chester
Randy Breiner Dawn March
Troy Kress
Respectfully submitted:
Merle Duehr, Chairperson
Loras Kluesner
Richard Wertzberger
Civil Service Commission
Connors moved that the communication be
received and filed and made a matter of record.
Seconded by Markham. Motion carried 7-0.
Friends of the Mines of Spain: Communication
from the Friends of the Mines of Spain regarding
expansion of the E.B. Lyons Interpretive Center
and connection to the City's water and sewer
service, presented and read. Connors moved
that the communication be received and filed
and referred to the City Manager. Seconded by
Markham. Motion carried 7-0.
Comiskey Park Tennis Court I Skate Park
Project Acceptance: City Manager
recommending acceptance of the Comiskey
Park Tennis CourUSkate Park Project as
completed by Drew Cook and Sons in the
amount of $88,010.00, presented and read.
Connors moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 506.05
ACCEPTING IMPROVEMENT
Whereas, the contract for the Comiskey Park
Tennis CourUSkate Park Project has been
completed and the City Manager has examined
the work and filed his certificate stating that the
same has been completed according to the
terms of the contract, plans and specifications
and recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. That the recommendation of the City
Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and is hereby directed to pay to
the contractor from the General Fund in amount
equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 21st day
of November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 507-05
FINAL ESTIMATE
Whereas, the contract for the Comiskey Park
Tennis CourUSkate Park Project has been
completed and the Engineer has submitted his
final estimate showing the cost thereof including
the cost of estimates, notices and inspection and
all miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is
hereby determined to be $88,010.11, and the
said amount shall be paid from the General
Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 21 st day
of November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Administrative Services Fee Renewal for
Fiexibie Spending Pian: City Manager
recommending approval of the Administrative
Services Fee presented by Total Administrative
Services Corporation for the City's flexible
spending plan, presented and read. Connors
moved that the communication be received and
flied and approved recommendation. Seconded
by Markham. Motion carried 7-0.
Renewal Rate for Voluntary Dental Plan: City
Manager recommending approval of the renewal
rates for the City's votuntary dental plan,
presented and read. Connors moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Administrative Services Fee - Workers'
Compensation: City Manager recommending
approval of the renewal rates from Alternative
Regular Session, November 21, 2005
Service Concepts (ASC) for the City's workers'
compensation claim handling, presented and
read. Connors moved that the communication
be received and filed and approved
recommendation. Seconded by Markham.
Motion carried 7-0.
Hartig Drug Company: Communication from
Keith Bibelhausen, President of Hartig Drug
Company, requesting to lease a portion of the
City-owned alley behind the Hartig Drug Store
located at 157 Locust Street, presented and
read. Connors moved that the communication
be received and filed and referred to the City
Manager. Seconded by Markham. Motion
carried 7-0.
River Pointe Condo Project: Communication
from Jim and Connie Nadermann in support of
the River Pointe Development Condo project
proposed by A.J. Spiegel, presented and read.
Connors moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0.
Substance Abuse Services Agency:
Communication from Diane K. Thomas,
Executive Director of Substance Abuse Services
Agency, requesting Fiscal Year 2006 financial
support, presented and read. Connors moved
that the communication be received and filed
and referred to the City Manager. Seconded by
Markham. Motion carried 7-0.
Dubuque Community School District: City
Manager recommending approval of a 28E
Agreement with the Dubuque Community
School District for operation of the
Neighborhood Resource Center in the new
Prescott Elementary School, presented and
read. Connors moved that the communication
be received and filed and recommendation
approved. Seconded by Markham. Motion
carried 7-0.
Glen Oak Street - Acceptance of Warranty
Deeds: City Manager recommending
acceptance of warranty deeds for right-of-way
purchases on the northe~y portion of Glen Oak
Street which are necessary for road
improvements, presented and read. Connors
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
O.
RESOLUTION NO. 508-05
A RESOLUTION ACCEPTING A CONVEY-
ANCE OF LOT C OF ROSE DALE ADDITION
NO.2 AND THE NORTHEASTERLY 16 FEET
OF LOT 2 OF ROSE DALE ADDITION NO. 2
ON GLEN OAK STREET IN THE CITY OF
DUBUQUE
409
Whereas, the City of Dubuque entered into an
Acquisition Agreement with John L. Willmes and
Marion L. Willmes Declaration of Trust, pursuant
to which John L. Willmes and Marion L. Wi limes
Declaration of Trust to convey Lot C of Rasedale
Addition No.2 and the northeasterly 16 feet of
Lot 2 of Rosedale Addition No.2, in the City of
Dubuque, Iowa, as shown on the Acquisition
Plat thereof; and
Whereas, John L. Willmes and Marion L.
Willmes Declaration of Trust has executed a
conveyance of said property.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Warranty Deed from John L.
Willmes and Marion L. Wi limes Declaration of
Trust, copies of which are attached hereto, as
required by Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized
and directed to execute and acknOWledge on
behalf of the City of Dubuque any instruments in
connection herewith.
Passed, approved and adopted this 21" day of
November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk, CMC
Connors moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 509-05
A RESOLUTION ACCEPTING A CONVEY-
ANCE OF LOT A OF ROSEDALE ADDITION
NO. 2 ON GLEN OAK STREET IN THE CITY
OF DUBUQUE
Whereas, the City of Dubuque entered into an
Acquisition Agreement with Charles J. Lane and
Susan B. Lane, pursuant to which Charles J.
Lane and Susan B. Lane to convey Lot A of
Rosedale Addition No.2, in the City of Dubuque,
Iowa, as shown on the Acquisition Plat thereof;
and
Whereas, Charles J. Lane and Susan B. Lane
have executed a conveyance of said property.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Warranty Deed from
Charles J. Lane and Susan B. Lane, copies of
which are attached hereto, as required by Iowa
Code Section 569.7.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowiedge on
beha~ of the City of DUbuque any instruments in
connection herewith.
Passed, approved and adopted this 21" day of
November, 2005.
Terrance M. Duggan, Mayor
410
Regular Session, November 21, 2005
Attest: Jeanne F. Schneider, City Clerk, CMC
Connors moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 510-05
A RESOLUTION ACCEPTING A CONVEY-
ANCE OF LOT B OF ROSEDALE ADDITION
NO. 2 ON GLEN OAK STREET IN THE CITY
OF DUBUQUE
Whereas, the City of Dubuque entered into an
Acquisition Agreement with Randall J. Butlett
and Jodi M. Buliett, pursuant to which Randall J.
Butlett and Jodi M. Buliett to convey Lot B of
Rosedale Addition No.2, in the City of Dubuque,
Iowa, as shown on the Acquisition Plat thereof;
and
Whereas, Randall J. Butlett and Jodi M. Buliett
have executed a conveyance of said property.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Warranty Deed from
Randall J. Butlett and Jodi M. Buliett, copies of
which are attached hereto, as required by Iowa
Code Section 569.7.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
beha~ of the City of Dubuque any instruments in
connection herewith.
Passed, approved and adopted this 21" day of
November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk, CMC
Connors moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
US 20 Fiber Optics interconnect Project: City
Manager recommending approval of an Iowa
Clean Air Attainment Program (ICAAP)
Agreement with Howard R. Green Company for
the US 20 Fiber Optics Interconnect Project,
presented and read. Connors moved that the
communication be received and filed and
recommendation approved. Seconded by
Markham. Motion carried 7-0.
28E Mutual Aid Fire Protection Agreement:
City Manager recommending approval of a 28E
Mutual Aid Agreement for fire protection in and
surrounding Dubuque County, presented and
read. Connors moved that the communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 511-05
APPROVING 28E AGREEMENT
Whereas, the local fire department is a
member of the Dubuque County Firefighters'
Association (the Association); and
Whereas, a stated purpose of the Association
is the mutual aid in fire protection and fire
prevention; and
Whereas, occasions may arise whereby extra
alarm fires or other emergencies would exhaust
the available firefighting equipment maintained
by one of the parties herein; and
Whereas, in such a situation the availability of
additional fire fighting personnel and equipment
from outside sources might well avert disastrous
results; and
Whereas, Iowa Code Chapter 28E provides
that powers, privileges or authority exercised by
a public agency of this state may be exercised
jointly with any other public agency of this state
having such powers, privilege and authority; and
Whereas, the parties hereto are desirous of
entering into a 28E agreement to render fire and
emergency assistance upon a reciprocal basis.
THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF DUBUQUE.
IOWA that in order to give fire and emergency
assistance when needed on a reciprocal basis,
the City hereby adopts the Dubuque County Fire
Association Mutual Aid Agreement which is
attached hereto and incorporated by reference.
Passed, approved and adopted this 21" day of
November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Municipal Fire and Emergency Services
Response and Deployment Study: City Manager
recommending approval to issue a Request for
Proposals for a Municipal Fire and Emergency
Services Response and Deployment Study.
presented and read. Connors moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Homeownership Assistance - Washington
Neighborhood: City Manager recommending
approval of the use of budgeted General Fund
money in the Washington Homeownership CIP
for rehabilitation assistance to those families
using the Clty's down payment ioans to
purChase homes in the neighborhood, presented
and read. Connors moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Certificate of Appreciation: Certificate of
Appreciation from the Centers for Medicare and
Medicaid Services for the City sponsoring and
coordinating community Medicare educational
events, presented and read. Connors moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
Regular Session, November 21, 2005
411
Ruby Sutton Humanitarian Award: Human
Rights Director Ketiy Larson has received the
Ruby Sutton Humanitarian Award from the
Dubuque Chapter of the NAACP, presented and
read. Michalski moved that the communication
be received and filed. Seconded by Connors.
Motion carried 7-0.
Federal Reserve Bank of Philadelphia
Conference: City Manager advising that he has
accepted an invitation to speak at the Federal
Reserve Bank of Phiiadelphia Conference,
"Reinventing America's Older Communities,"
presented and read. Connors moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
Economic Development Administration
Contract - Amendment #3: City Manager
recommending approval of Amendment #3 to
the Economic Development Administration
Contract extending the end date to June 25,
2006, presented and read. Connors moved that
the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 512-05
A RESOLUTION AUTHORIZING THE
EXECUTION OF PROJECT AMENDMENT # 3
TO A CONTRACT WITH THE ECONOMIC
DEVELOPMENT ADMINISTRATION
Whereas, the City Council of Dubuque has
approved a contract with the Economic
Development Administration (EDA) for a $2
Million grant to assist to assist in the acquisition
of property owned by the Adams Company in
the Port of Dubuque, relocation of the Company,
and demolition of the existing facility; and
Whereas, contract witi expire on November 25,
2005; and
Whereas, the City needs additional time to
prepare for demolition or re-use of the existing
buildings, and
Whereas, the City has requested and EDA has
provided a proposed six month extension of time
for the compietion of the project and EDA has
submitted Project Amendment No. 3 of the
contract to the City for approval.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE,IOWA:
Section 1. That the attached Project
Amendment #3 with EDA extending the
completion date to June 25, 2006 is hereby
approved.
Section 2. That the Mayor is hereby authorized
to execute and the City Manager is hereby
directed to submit said Project Amendment #3 to
the Economic Development Administration.
Passed, approved, and adopted this 21st day
of November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Improvement Contracts / Performance,
Payment and Maintenance Bonds: Mitier-
Riverview Park Electrical Service, Phase II
Project and Great River Road Interpretive
Signage Project, presented and read. Connors
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
O.
Business Licenses:
RESOLUTION NO. 513-05
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law reJating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
NEW
Plaza 20 AMOCO R Future Inc.
2600 Dodge St
Passed, approved and adopted this 21 st day
of November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 514-05
Whereas, appiications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by such
applicants were inspected and found to compiy
with the Ordinances of the City and have filed
proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "C" BEER PERMIT
Molo Oil Company Big 10 Mart Car Wash+
(Sunday Sale) 1875 JFK Rd
R Future, Inc. Plaza 20 BP/Amoco+
(Sunday Sale) 2600 Dodge St
Passed, approved and adopted this 21 st day
of November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
412
Regular Session, November 21, 2005
RESOLUTION NO. 515-05
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 compiy
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS "CO BEER/LIQUOR LICENSE
Aragon Tap Inc. Aragon Tap+
(Sunday Sale) 1103 Iowa St
OM Sports, Inc Jumpers Sports
Bar/Grill+(Sunday Sale) 2600 DOdge St
Pamela Barry Arensdorf Instant Replay+
(Sunday Sale) 1602 Central Av
T & M Inc. Mario's Italian Rest.+
(Sunday Sale) 1298 Main St
Pepper Sprout Pepper Sprout+
(Sunday Sale) 378 Main St
Passed, approved and adopted this 21st day
of November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the following Commissions:
Human Rights Commission (One unexpired
term through January 1, 2008 - term of Oswaid)
Applicants: Anthony Allen, David Loney
Vote on the appointment was as follows: Braig
voted for Allen; Cline voted for Loney; Connors
voted for Allen; Duggan voted for Loney;
Markham voted for Loney; Michalski voted for
Allen; Nicholson voted for Loney. Therefore,
David Loney wes appointed to the Human
Rights Commission for a term through January
1,2008.
Long Range Planning Advisory Commission
(Two unexpired terms through July 1, 2008 -
terms of Portzen and Rusk) Applicants:
Shannon Lundgren and Lou Oswald
Markham moved that Shannon Lundgren .and
Lou Oswald be appointed to unexpired terms
through July 1, 2008. Seconded by Connors.
Motion carried 7-0.
PUBLIC HEARINGS
Connors moved that the rules be suspended to
allow anyone present to address the Council.
Seconded by Michalski. Motion carried 7-0.
243 Valley Street - Rezoning Request: Proof
of publication on notice of hearing to consider
amending the Zoning Ordinance of the City of
Dubuque by reciasslfying property located at
243 Valley Street from R-1 Single-Family
Residential District to R-2 Two-Family
Residential District as requested by Greg and
Nancy Adams and Zoning Advisory Commission
recommending approval; communication from
staff advising that a super majority vote of the
City Council is necessary for approval of the
rezoning request due to the percentage of
opposition by adjacent property owners; and
communication from Igor and Ulyana
Kogoutiouk In opposition to the proposed
rezoning, and an Ordinance Amending Appendix
A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter
described property located at 243 Valley Street
from R-1 Single-Family Residential District to R-
2 Two-Family Residential District, with
conditions, presented and read.
Greg Adams, 15709 Sandwedge Drive, spoke
in favor of the rezoning request stating that he
pianned to redivide the existing lots and to
construct four singie-family homes or two
townhouses.
Pete Langlois, 263 Valley Street; Michael
McCarron, 210 Valley Street; Marla Fedderson,
205 Valley Street; Lou Oswald, 1080 Nowata
Street; and Mike Willis, 205 Valley Street (letter
read by Council Member Michaiski) spoke in
opposition to the proposed rezoning citing
increased traffic and additional water run-off in
the area.
Connors moved that the proof and
communications be received and filed and 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. Seconded
by Nicholson. Motion failed 5-2 with the following
vote: Ayes - Markham, Michalski, Braig,
Connors, Duggan; Nays - Nicholson, Cline.
Mayor Duggan turned the meeting over to
Mayor Pro-Tem Connors due to possible conflict
of interest.
Arc Design Resources, Inc. / QHQ Properties:
Proof of publication on notice of hearing to
consider amending the Zoning Ordinance of the
City of DUbuque by reclassifying property
located at 4310 Asbury Road from C-3 General
Commercial District to PUD Planned Unit
Development District with a PC Planned
Commercial District designation as requested by
Arc Design Resources, Inc. / QHQ Properties
and Zoning Advisory Commission
recommending approval, with conditions,
presented and read.
Regular Session, November 21, 2005
413
City Manager submitting information regarding
the traffic impact study of the proposed Sam's
Club and requesting approval to require an
additional eastbound lane, landscape islands
and to leave the entry roads as private streets
as part of the Arc Design Resources, Inc. / QHQ
Properties rezoning, presented and read.
Joe Altenhoff, Arc Design Resources, Inc.,
representing Sam's Club, spoke in favor of the
proposed rezoning and explained that Sam's
Club would contribute to the cost of constructing
the entry roads but requested that the roads be
designated public streets.
Tim Quaqliano, QHQ Properties, spoke in
favor of the proposed rezoning and stated that
he would accept the conditions that were placed
upon the rezoning.
Virgil Blocker, Resurrection Church, spoke in
favor of the proposed project.
Gene Tully, 448 Summit, and Jerry Enzler,
1921 Simpson, stated they were not opposed to
the project but that sidewalks, turn lanes and
bicycle lanes need to be considered.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 431 0 Asbury Road
from C-3 General Commercial District to PUD
Planned Unit Development District with a PC
Planned Commercial District designation.
presented and read. Markham moved to require
that the entry road be a private street with
marking and signage, that the City construct the
eastbound lane at the expense of the developer
and that the proof and communications be
received and filed and that this be considered
the first reading of the Ordinance. Seconded by
Nicholson. Motion carried 6-0.
Mayor Duggan returned and took control of the
meeting.
Code of Ordinances - Text Amendment:
Proof 01 publication on notice of hearing to
consider amending Section 42-24 of the City of
Dubuque Subdivision Regulations concerning
the bonding of public improvements within new
subdivision as requested by the City of Dubuque
and the Zoning Advisory Commission
recommending approval, presented and read.
Connors moved that the proof and
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
An Ordinance Amending Chapter 42
(Subdivision Regulations) of the City of Dubuque
Code of Ordinances by repealing Section 42-
24(a) Improvement Guarantees and adopting a
new Section 42-24(a) Improvement Guarantees
in lieu thereof pertaining to requiring the owner
of a subdivision to provide performance and
maintenance guarantees for public
improvements, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 62-05
AN ORDINANCE AMENDING CHAPTER 42
(SUBDIVISION REGULATIONS) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY
REPEALING SECTION 42-24(a) IMPROVE-
MENT GUARANTEES AND ADOPTING A
NEW SECTION 42-24(a) IMPROVEMENT
GUARANTEES IN LIEU THEREOF,
PERTAINING TO REQUIRING THE OWNER
OF A SUBDIVISION TO PROVIDE PERFOR-
MANCE AND MAINTENANCE GUARANTEES
FOR PUBLIC IMPROVEMENTS
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 42 (Subdivision
Regulations) of the City of Dubuque Code of
Ordinances is hereby amended by repealing
Section 42-24(a) Improvement Guarantees and
adopting the following new Section 42-24(a)
Improvement Guarantees in lieu thereof:
Sec. 42-24. Improvement guarantees.
(a) Application: Before the recording of final
plats, or as a condition of approval of final plats,
the Commission and City Council shall require
the following guarantees:
(1) The furnishing of a performance and
maintenance guarantee in an amount not less
than one hundred ten percent (110%) of the cost
of construction of public improvements by the
owner; and
(2) Provision for a maintenance guarantee in
the amount of twenty five percent (25%) of the
cost of the public improvements, by the owner
for a period of two (2) years after final
acceptance of the improvement; and
(3) Payment of City inspection fees for public
improvements shall be based upon three
percent (3%) of the cost of the public
improvements.
Section 2. This ordinance has heretofore been
reviewed by the Zoning Advisory Commission of
the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 21 st day
of November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 25th day of November, 2005.
Jeanne F. Schneider, City Clerk
1t 11/25
Connors 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. Seconded by Nicholson. Motion
carried 7-0. Michalski moved final passage and
414
Regular Session, November 21, 2005
adoption of the Ordinance. Seconded by
Connors. Motion carried 7-0.
Nichoison moved to reinstate the rules limiting
discussion to the Council. Seconded by
Markham. Motion carried 7-0.
ACTION ITEMS
Mayor Duggan turned control of the meeting to
Mayor Pro- Tem Connors due to possibie conflict
of interest.
Cedar lake Plaza Site Plan Review: Zoning
Advisory Commission recommending approval
of the site plan for the Vision Health Center to be
located in Cedar lake Piaza as requested by
Durrant Group, inc. / Pat Norton, presented and
read. Michalski moved that the communication
be received and filed and approved
recommendation. Seconded by Nichoison.
Motion carried 6-0.
Mayor Duggan returned and took control of the
meeting.
Former Dubuque Brewing and Malting
Company Property: Communication from John
Gronen, Gronen Properties, requesting that the
City estabiish a Conservation District at the
former Dubuque Brewing and Malting Company
property located at 30th and Jackson Streets;
City Manager providing information regarding
the request of John Gronen to estabiish a
Conservation District for the former Dubuque
Brewing and Maiting Company property;
communication of the Historic Preservation
Commission requesting adoption of an
Ordinance estabiishing the Brewery
Neighborhood Conservation District; and City
Manager submitting information regarding a
portion of the property which Dubuque Stamp
has a purchase agreement for, presented and
read. Cline moved to receive and file the
communications. Seconded by Braig. Motion
carried 6-1 with Duggan voting Nay.
John Gronen, 1766 Plymouth Court, spoke in
support of the Conservation District stating that
this is one of the community's most significant
buildings and that there were a group of local
investors who wanted the opportunity to look at
the property for redeveiopment.
Jack Feiderman, Continental Realty, stated
that he is the real estate agent handling this
property and that there is a signed purchase
agreement. The potential buyer intends to
demoiish the building and to salvage the bricks.
Peter Ariing, representing Dubuque Storage
and Transfer (current owners of the property)
spoke in opposition to the establishment of the
Conservation District stating that it would impair
the value of the property and constituted a
"taking."
An Ordinance Amending Chapter 11 (Building
Regulations) of the City of Dubuque Code of
Ordinances by amending Section 11-3 Permit
Issuance Prohibited and amending Section 11-
4(a) by estabiishing the Brewery Neighborhood
Conservation District, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 63-05
AN ORDINANCE AMENDING CHAPTER 11
(BUilDING REGULATIONS) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
AMENDING SECTION 11-3 PERMIT
ISSUANCE PROHIBITED AND AMENDING
SECTION 11-4(a) BY ESTABLISHING THE
BREWERY NEIGHBORHOOD CONSERVA-
TION DISTRICT.
Whereas, the Historic Preservation
Commission has recommended amendments to
Chapter 11 (Building Regulations) of the City of
Dubuque Code of Ordinances regarding
conservation districts; and
Whereas, the City of Dubuque may estabiish
conservation districts to allow for the City
Council's review of demolition permits that might
impact buildings of historic or architectural
significance in these districts; and
Whereas, the City Council has appointed a
Historic Preservation Commission to review
demolition permits in conservation districts, and
provide recommendations to the City Council;
and
Whereas, the City Council finds that the
recommended amendments to Chapter 11 are
consistent with the goals and objectives of the
City's Comprehensive Plan and the purpose and
intent of the City's Code of Ordinances; and
Whereas, the subject property has been
determined eiigible for listing on the National
Register of Historic Places.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCil OF THE CiTY OF
DUBUQUE, IOWA:
Section 1. Section 11-3 of the City of Dubuque
Code of Ordinances is hereby amended by
adding the following new paragraph (b):
Sec. 11-3. Permit Issuance Prohibited:
(a) The building official of the city is hereby
prohibited from issuing a building permit for real
property for which action has been initiated for a
change in the zoning classification of the
property or a text amendment of the zoning or
subdivision ordinances. The prohibition shall be
from the date of the fiiing of the application with
the planning services department until the date
of final action of the city council upon such
zoning reclassification or text amendment,
including publication as provided by law where
the reclassification or amendment is adopted by
city council.
(b) The building official of the city is hereby
prohibited from issuing a building and/or
Regular Session, November 21, 2005
415
demolition permit for real property for which
action has been initiated for establishment,
expansion or alteration of the property as a
conservation district. The prohibition shall be
from the date of the filing of the appiication with
the city clerk until the date of final action of the
city council upon said application, including
pubiication as provided by law where the
establishment, expansion or alteration of such
district is adopted by city council.
Section 2. Section 11-4(a) is herby amended
by adding the following new paragraph (9):
(9) Brewery Neighborhood: Lot 2-7 of Minerai
Lot 322, Lot 1-1- 3- 8 of Mineral Lot 322, and Lot
2-1 of Liebe's Subdivision No.3 in the City of
Dubuque, Iowa.
Section 3. This ordinance shall take effect
immediately upon pubiication, as provided by
law.
Passed, approved and adopted this 21st day
of November, 2005.
/s/ Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, CMC, City Clerk
Pubiished officially in the Telegraph Herald
Newspaper the 251h day of November, 2005.
/s/ Jeanne F. Schneider, CMC, City Cierk
1t 11/25
Ciine 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 that the property to be
purchased by Dubuque Stamp be excluded from
the Conservation District. Seconded by Braig.
Motion carried 6-1, with Duggan voting Nay.
Michaiski moved final passage and adoption of
the Ordinance. Seconded by Ciine. Motion
carried 6-1, with Duggan voting Nay.
Nicholson requested that this be brought back
in thirty days to determine what progress had
been made with regard to the purchase of the
building by Gronen and reconsideration of the
Conservation District.
Eagle Point Bluff Stabilization Study: City
Manager submitting the results of the Eagie
Point Biuff Stabilization Study and requesting
that a work session be scheduied, presented
and read. Michalski moved that the work
session be scheduled for January 12, 2006 at
5:00 p.m. in the Library Auditorium. Seconded
by Connors. Motion carried 5-1, with Markham
abstaining and Duggan voting Nay.
HOME Program Funds - Michelle Mihalakis:
City Manager recommending that the City
support the application of Michelle Mihalakis to
the iowa Department of Economic Development
for HOME Program funds for construction of a
nineteen room SRO facility for single women at
2080 Eim Street, presented and read. Ciine
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 6-
o with Michalski temporarily out of the room.
RESOLUTION NO. 516-05
A RESOLUTION SUPPORTING AN APPLI-
CATION FROM MICHEllE MIHALAKIS TO
THE IOWA DEPARTMENT OF ECONOMIC
DEVELOPMENT FOR HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAM FUNDS
Whereas, Michelle Mihalakis has prepared an
appiication to IDEO for HOME Program funds to
assist in construction of single room occupancy
housing for lower-income women; and
Whereas, housing of this type is unavailable
and is an unmet need in our community.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. The City is supportive of the
appiication from Michelle Mihalakis for HOME
Program assistance from the Iowa Department
of Economic Development.
Passed, approved and adopted this 21 st day
of November, 2005.
Terrance M Duggan, Mayor
Attest Jeanne F Schneider, CMC, City Clerk
Ciine moved adoption of the Resolution.
Seconded by Nichoison. Motion carried 6-0 with
Michalski temporarily out of the room.
HOME Program Funds - Scott Potter: City
Manager recommending that the City support
the appiication of Scott Potter to the Iowa
Department of Economic Development for
HOME Program funds for construction of a
twelve room SRO facility for low/moderate
income men at 601 Garfield Avenue, presented
and read. Ciine moved that the communication
be received and filed. Seconded by Nichoison.
Motion carried 6-0 with Michalski temporarily out
of the room.
RESOLUTION NO. 517-05
A RESOLUTION SUPPORTING AN APPLI-
CATION FROM SCOTT POTTER TO THE
IOWA DEPARTMENT OF ECONOMIC
DEVELOPMENT FOR HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAM FUNDS
Whereas, Scott Potter has successfully
developed and managed three single room
occupancy (SRO) facilities on Garfield Avenue
since 2000; and
Whereas, Mr. Potter has worked in
collaboration with the Housing and Community
Development Department in obtaining State and
local funding for these facilities; and
Whereas, a continuing need for single room
occupancy housing remains, as evidenced by
full occupancy and a waiting list at the Davis
Place facilities developed by Mr. Potter; and
Whereas, Mr. Potter intends to make
application to the Iowa Department of Economic
416
Regular Session, November 21, 2005
Development (IDED) for HOME Program funds
to subsidize construction of another Garfield
Avenue facility, for 12 rooming units for low
income men.
NOW, THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City is supportive of the
application from Scott Potter for HOME Program
assistance from the iowa Department of
Economic Development.
Passed, approved and adopted this 21st day
of November, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Arboretum Drive Entrance: City Manager
recommending that sidewalk installation be
required on both sides of Arboretum Drive and
that all impacted property owners be notified that
the installation is required by June 1, 2006 and
communication from Jack Frick, Dubuque
Arboretum and Botanical Gardens, regarding the
sidewalk on the west side of Arboretum Drive,
presented and read. Cline moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Port of Dubuque / Pyatigorsk Park Artworik:
City Manager recommending approval of the
proposed Port of Dubuque Avenue of Art
Program for the creation of public art at the Port
of Dubuque and Pyatigorsk Park, presented and
read. Cline moved that the communication be
received and filed and approved
recommendation. Seconded by Connors. Motion
carried 7-0.
Fiscal Year 2007 Policy Guidelines: City
Manager recommending approval of the Fiscal
Year 2007 Policy Guidelines, presented and
read. Cline moved that the communication be
received and filed and approved
recommendation. Seconded by Connors. Motion
carried 7-0.
Ribbon Cutting: City Manager requesting that
the ribbon cutting ceremony for the Dubuque
Industrial Center West, Bergfeld Recreation
Area, and Chavenelle Road Expansion,
originally scheduled for noon on December 1,
2005 be rescheduled to Monday, December 5,
2005 at noon, presented and read. Cline moved
that the ribbon cutting ceremony be rescheduied
to 1 :00 p.m. on December 1, 2005. Seconded
by Michalski. Motion carried 6-1, with Braig
voting Nay.
At 9:24 P.M. Michalski moved to go into
Ciosed Session regarding Property Acquisition -
Chapter 21.5(1) (j) 2005 Code of Iowa.
Seconded by Connors. Motion carried 7-0.
At 9:36 P.M. Council reconvened regular
session stating that staff had been given proper
direction.
There being no further business, Michalski
moved to adjourn. Seconded by Connors.
Motion carried 7-0. The meeting adjourned at
9:37 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerik
1\ 12/2
2006
2006
.