Council Proceedings May 2006
Regular Session, May 1, 2006
167
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, May 1, 2006
Council met at 6:30 P.M. In the Public Library
Auditorium
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a
regular session of the City Council called for the
purpose of discussing such matters which may
prope~y come before the Council.
Invocation was given by Father Thomas
Rhomberg.
Proclamations: KDTH Day (May 4, 2006)
received by KDTH's Josie Cooper; Mental
Health Month (May, 2006) received by John
Cu~is; Historic Preservation Month (May, 2006)
received by Chris Olson; Parents Who Host,
Lose the Most, Don't be a Pa~y to Underage
Drinking Month (May, 2006); and Building Safety
Week (May 7-13, 2006).
CONSENT ITEMS
Minutes and Reports Submitted: Arts ands
Cultural Affairs Advisory Commission of 2/23;
City Council of 4/17; Civil Service of 3/17;
Environmental Stewardship Advisory
Commission of 4/4; Housing Commission of
3/28; Zoning Advisory Commission of 4/5,
presented and read. Michalski moved that the
minutes be received and filed. Seconded by
Braig. Motion carried 7-0.
Proof of publication of City Council
Proceedings of 4/3, presented and read.
Michalski moved that the proof be received and
filed. Seconded by Braig. Motion carried 7-0.
Notice of Claims/Suits: Joseph Blatz for
vehicle damage; Kristy Monahan, et ai, for
vehicle damage; Joyce Thui for personal injury,
presented and read. Michalski moved that the
communications be received and filed and
referred to the City Attorney for
investigation/report. Seconded by Braig. Motion
carried 7-0.
City Attorney recommending denial of the
claim of Leanne Horsfall for property damage
and the claim of Kathy Stump for property
damage, presented and read. Michalski moved
that the communication be received and filed
and concurred. Seconded by Braig. Motion
carried 7-0.
City Attorney advising that the following claims
have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa
Communities Assurance Pool: Joseph L. Blatz
for vehicle damage, Eugene Monahan for
vehicle damage, and Joyce Thul for personal
injury, presented and read. Michalski moved
that the communications be received and filed
and concurred. Seconded by Braig. Motion
carried 7-0.
Residential Parking Permrt District Request:
Communication from the residents of Vizaleea
and Keymont Drive requesting a Residential
Parking Permit District in that area, presented
and read. Michalski moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Braig. Motion carried 7-0.
Family Self-Sufficiency / Homeownership
Program Coordinators: City Manager
recommending approval of an application to the
U.S. Department of Housing and Urban
Development (HUD) for funds to renew the
City's current Family Self-Sufficiency Program
(FSS) Coordinator position and to contract with
Iowa State Extension for services to promote
homeownership opportunities for Section 8
Program families, presented and read.
Michalski moved that the communication be
received and filed and approved
recommendation. Seconded by Braig. Motion
carried 7-0.
Legislative Correspondence:
Communication to area legislators
encouraging them to oppose HF 2351 regarding
the use of eminent domain by a municipality,
presented and read. Michalski moved that the
communication be received and filed. Seconded
by Braig. Motion carried 7-0.
Communication to officials of the Dubuque
Community School District and Holy Family
Catholic School System alerting them of
proposed state legislation that could have a
significant, detrimental impact upon their schools
and the community, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Braig. Motion
carried 7-0.
Communication to area legislators
encouraging their opposition to HF 2467 and SF
2361 which would end local franchising and
contains no authority to require either wiring to
or any free cable service for public buildings,
presented and read. Michalski moved that the
communication be received and filed. Seconded
by Braig. Motion carried 7-0.
168
Regular Session, May 1, 2006
Teamsters Local Union No. 421: City Manager
recommending approval of an amendment to the
Collective Bargaining Agreement with the
Teamsters Union, presented and read.
Michalski moved that the communication be
received and filed and approved
recommendation. Seconded by Braig. Motion
carried 7-0.
Notice of Intent to Request Release of Funds-
Fiscal Year 2007 CDBG Programs: City
Manager recommending approval of the
publication of a Notice of intent to Request
Release of Funds for Community Development
Block Grant (CDBG) program activities,
presented and read. Michaiski moved that the
communication be received and filed. Seconded
by Braig. Motion carried 7-0.
RESOLUTION NO. 168-06
A RESOLUTION AUTHORIZING
PUBLICATION OF A NOTICE OF INTENT TO
REQUEST RELEASE OF FUNDS FOR
CERTAIN COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECTS FOR FISCAL
YEAR 2007 (PROGRAM YEAR 2006)
Whereas, the City of Dubuque will enter into a
Grant Agreement for the Fiscal Year
commencing July 1, 2006, with the U.S.
Department of 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 hereinafter listed projects to be financed with
Community Development Block Grant funds;
and
Whereas, a notice of "Intent to Request
Release of Funds" for said projects will be sent
by regular mail to various tribal, federal, state
and local public agencies; to the appropriate
Regional Office of the Environmental Protection
Agency, to the HUD Field 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 Notice of
Intent to Request Release of Funds for the
following identified projects and to make the
Environmental Review Record for said projects
available for public inspection and comment until
5:00 p.m. on May 15, 2006. Such notice shall
be in the form of Exhibit "A" attached hereto and
made a part hereof.
Community Development Block
Grant Annual Plan Projects
Fiscal Year 2007 (Program Year 2006)
Housing Programs: First Time Home Buyer
Program; Historic Preservation Rehab Grant;
Homeowner Rehabilitation (Operation:
Paintbrush; Operation Upkeep; Residential
Rehabilitation Loan Program; Sewer Connection
Loan); Housing Administration Services and
Staff; Housing Code Enforcement; Housing
Rehabilitation Services and Staff; Housing Trust;
Lead Paint Hazard Abatement;
Purchase/Rehabilitation/ Resale; Rental Unit
Rehabilitation (Emergency Code Enforcement
Loan Program; Moderate Income Rental Rehab
Loan Program; Accessibility Rehab; Single
Room Occupancy Rehab);
Neighborhood and Community Development
Programs: Accessible Curb Ramps; Child Care
Resource and Referral; Community Partnership
Program (cp2); Dubuque Dispute Resolution
Center; Information and Referral Service;
Leadership Training; Neighborhood
Development Services and Staff; Neighborhood
Support Grants; Neighborhood Infrastructure
improvements (Neighborhood Street Overlays;
Neighborhood Sidewalk Program; Neighborhood
StepNVall Repair); Neighborhood Recreation
Program; Senior Center; Washington Tool
Library; Zoning Inspection/ Enforcement
Economic Development Programs:
Commercial/Industrial Building Rehab;
Economic Development Financial Assistance
Program; Economic Development Program
Services and Staff
Planning and Administration: CDBG
Administration Services and Staff; Finance
Services and Staff; City Planning Services;
Planning Administration
No funds will be committed prior to completion
of a review for other related laws of 24 CFR
58,5, including Section 106, for site-specific
projects that are currently unidentified.
Section 2. That the environmental review
record for each of the projects shall be placed
on file in the Office of the Housing and
Community Development Department, 1805
Central, Dubuque Iowa 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
Urban Development seven (7) days after
publication of appropriate notice a Request for
Release of Funds to undertake the said projects.
Section 4. That the Mayor of the City of
Dubuque is hereby authorized to consent to
assume the status of a responsible federal
Regular Session, May 1, 2006
169
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 is and he is hereby authorized and
directed to execute a Request for Release of
Funds and Certification.
Passed, approved and adopted this 1 st day of
May 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
Voluntary Annexation Request - Wendell
Corey, Motor City LLC: City Manager
recommending that the request of Wendell
Corey, Motor City LLC, to annex eighty acres to
the City of Dubuque be referred to him to
complete an annexation agreement, presented
and read. Michalski moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Braig. Motion carried 7-0.
Voluntary Annexation Request - John W. and
Sally Jo Herrig: City Manager recommending
that the request of John W. and Sally Jo Herrig
to annex 112 aces to the City of Dubuque be
referred to him to complete an annexation
agreement, presented and read. Michalski
moved that the communication be received and
filed and referred to the City Manager.
Seconded by Braig. Motion carried 7-0.
Voluntary Annexation Request - Dean and
Patricia Butler: City Manager recommending
that the request of Dean and Patricia Butler to
annex eight acres of property to the City of
Dubuque be referred to him to complete an
annexation agreement, presented and read.
Michalski moved that the communication be
received and filed and referred to the City
Manager. Seconded by Braig. Motion carried 7-
o.
Pyatigorsk Park Construction Project: City
Manager recommending acceptance of the
Pyatigorsk Park Construction Project as
compieted by Tricon General Construction in the
final contract amount of $268,914.76, presented
and read. Michalski moved that the
communication be received and filed. Seconded
by Braig. Motion carried 7-0.
RESOLUTION NO. 169-06
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the Pyatigorsk
Park Development 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 General Fund in amount
equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 1st day of
May, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 170-06
FINAL ESTIMATE
WHEREAS, the contract for the Pyatigorsk
Park Development 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 $268,914.76, and the
said amount shall be paid from the General
Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 1st day of
May, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
Iowa Department of Transportation Sidewalk
Assessment: City Manager recommending
approval to pay the Iowa Department of
Transportation's assessment for the Asbury
Road Sidewalk Installation Project from City
funds and that, in the future, assessment
projects not be levied on property owned by the
170
Regular Session, May 1, 2006
Iowa Department of Transportation where no
building exists, presented and read. Michalski
moved that the communication be received and
filed and approved recommendation. Seconded
by Braig. Motion carried 7-0.
Urban Renewal Joint Agreement: City
Manager recommending approval of an Urban
Renewal Joint Agreement with Dubuque County
permitting the County to exercise urban renewal
powers for the Namasco Company, presented
and read. Michalski moved that the
communication be received and filed. Seconded
by Braig. Motion carried 7-0.
RESOLUTION NO. 171-06
A RESOLUTION APPROVING AN URBAN
RENEWAL JOINT AGREEMENT BETWEEN
DUBUQUE COUNTY AND THE CITY OF
DUBUQUE
Whereas. Namasco Company has proposed
the expansion of its existing operations; and
Whereas, the DUbuque County Board of
Supervisors are considering a request by the
Namasco Company to establish an urban
renewal area, and use urban renewal powers to
provide tax increment financing to the Company;
and
Whereas, Iowa Urban Renewal law requires
that, whenever a county establishes an urban
renewal area which includes property that is
within two miles of the city limits of a city, that
city must agree to allow the County to use urban
renewal powers;
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Urban Renewal
Joint Agreement is approved.
Section 2. That the Mayor is hereby authorized
to execute the Agreement attested by the City
Clerk.
Passed, approved and adopted this first day
of May, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
Examining Board: City Manager
recommending approval of the appointment of
Budget Director Dawn Lang to the Examining
Board, presented and read. Michalski moved
that the communication be received and filed
and approved recommendation. Seconded by
Braig. Motion carried 7-0.
Dubuque Regional Humane Society:
Communication from the Dubuque Regional
Humane Society in opposition to the proposed
rezoning request of Dawne O'Meara, Aller
SalvagefTschiggfrie Excavating for 190 North
Crescent Ridge, presented and read.
Michaiski moved that the communication be
received and filed and referred to the City
Manager. Seconded by Connors. Motion
carried 7-0.
iowa League of Cities: Communication from
the Iowa League of Cities thanking the City for
submitting a bid for the 2010 Annual Conference
and Exhibit and advising that Coralville has been
selected as the host for the 2010 Annual
Conference and Exhibit, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Braig. Motion
carried 7-0.
Quarterly Investment Report: City. Manager
transmitting the March 31, 2006 Quarterly
Investment Report, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Braig. Motioo
carried 7-0.
BOO MHz Radios: City Manager recommending
approval of the punchase of two 800 MHz radios
for Assistant City Manager Cindy Steinhauser
and Public Information Officer Randy Gehl,
presented and read. Michalski moved that the
communication be received and filed and
approved recommendation. Seconded by Braig.
Motion carried 7-0.
International City I County Management
Association: Communication from the
International City I County Management
Association (ICMA) advising that City Manager
Michael Van Milligen has been elected as a
Regional Vice President of ICMA, presented and
read. Connors moved that the communication
be received and filed. Seconded by Braig.
Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 172-06
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "CO BEER LICENSE
Hy-Vee Inc. Hy-Vee Food Store+
(Sunday Sale) 3500 Dodge St "B"
171
Regular Session, May 1, 2006
Casey's Marketing CompanyCasey's General
Store # 2421+(Sunday Sale) 4003 Peru Rd
Casey's Marketing CompanyCasey's General
Store #2420+(Sunday Sale) 2699 Rockdale Rd
Passed, approved and adopted this 1st day of
May, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO, 173-06
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS "C" BEER/LIQUOR LICENSE
DBQ, Inc Shot Tower Inn+
(Sunday Sale) 390 Locust St
Catfish Charlie's LLC Catfish Charlie's+
(Sunday/Outdoor Sale) 1630 E 16th St
Easy Street LLC Easy Street+
(Sunday/Outdoor Sale) 431 Rhomberg Av
GMRI Inc Olive Garden+
(Sunday Sale) 3350 Dodge St
Bartinis on Main, Inc Bartinis+
(Sunday Sale) 253 Main St
Tott's Tap, Inc Tott's Tap
3457 Jackson St
CLASS "B" WINE
Carroll's Wine Company Carroll's Wine
Company 123 Main St
CLASS "B" NATIVE WINE (WBN)
Rainbo Oil Company Kwik Stop
2150 Twin Valley Dr
Rainbo Oil Company Kwik Stop
4039 Pennsylvania
Rainbo Oil Company Kwik Stop
2320 Highway 61
Rainbo Oil Company Kwik Stop
2335 University Av
Rainbo Oil Company Kwik Stop
2255 Kerper Blvd
Rainbo Oil Company Kwik Stop
2390 Central Av
Passed, approved and adopted this 1 st day of
May, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Ham House Lease Agreement: City Manager
recommending that a publiC hearing be set for
May 15, 2006 to consider a new lease for the
Ham House with the Dubuque County Historical
Society, presented and read. Cline moved that
the communication be received and fiied.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO, 174-06
FIXING DATE OF PUBLIC HEARING ON
LEASE AGREEMENT
WHEREAS, the City Council of the City of
Dubuque, iowa has given its preliminary
approval on the proposed Lease Agreement for
the Ham House with the Dubuque County
Historical Society.
NOW, THEREFORE, BE IT RESOLVED, BY
. THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that on the 15th day of May,
2006, 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
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
circuiation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more
than twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, approved and adopted this 1st day of
May, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution with
date of public hearing set for 5/15/06 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and direct the City Clerk to
publish notice in the manner prescribed by iaw.
Seconded by Lynch. Motion carried 7-0.
Interstate Power Company (Alliant) Easement:
City Manager recommending that a public
hearing be set for May 15, 2006 to consider
approval of a 100 foot easement to Interstate
Power Company (Ailiant) in the Port of
Dubuque, presented and read. Cline moved that
the communication be received and filed.
Seconded by Lynch. Motion carried 7-0,
RESOLUTION NO. 175-06
FIXING THE DATE FOR A MEETING OF THE
CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA ON THE EXECUTION OF AN
EASEMENT RELATING THERETO WITH
INTERSTATE POWER AND LIGHT
COMPANY, AN IOWA CORPORATION, AND
172
Regular Session, May 1, 2006
PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF.
Whereas, it is deemed necessary and
advisable that the City of Dubuque, Iowa, enter
into a revised electric easement with the
Interstate Power and Light Company for the Port
of Dubuque; and
Whereas, before said lease may be approved,
Chapter 403 of the Code of Iowa requires that
the City Clerk publish a notice of the proposal
and of the time and place of the meeting at
which the City Council proposes to take action
thereon and at which meeting the City Council
shall receive oral and/or written objections from
any resident or property owner of said City to
such proposed action.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council meet in the
Auditorium of the Carnegie-Stout Public Library
in Dubuque, Iowa, at 6:30 p.m. on the 15th day
of May 2006, for the purpose of taking action on
the execution of an electric easement with the
Interstate Power and Light Company, to carry
out activities described in the Port of Dubuque.
Section 2. That the Clerk is hereby directed to
cause at least one publication to be made of a
notice of said meeting, in a newspaper, printed
wholly in the English language, published at
least once weekly, and having general
circulation in said City, said publication to be not
less than four days nor more than twenty days
before the date of said meeting on the issuance
of said obligations.
Passed, approved and adopted this 1st day of
May 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set date of publiC hearing for 5/15/06 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and direct the City Clerk to
publish notice in the manner prescribed by law.
Seconded by Lynch. Motion carried 7-0.
NCR Developers, Inc. / Martin McNamer -
Request to Rezone / Improvements to North
Cascade Road: Setting a public hearing for June
5, 2006 to consider a request from NCR
Developers, Inc. / Martin McNamer to rezone
property located south of North Cascade Road
from County A 1 AgricuiturallR2 Single-Family
Residential District to City R-3 Moderate Density
Multi-Family Residential District in conjunction
with annexation to the City of Dubuque and
Zoning Advisory Commission recommending
approval with the condition that the entire area
be zoned to R-2, presented and read. Cline
moved that the communication be received and
filed. Seconded by Lynch. Motion carried 7-0.
Zoning Advisory Commission urging the City
Council to expedite roadway improvements to
North Cascade Road and recommending that
the improvements occur concurrently with the
proposed residential development, presented
and read. Cline moved that the communication
be received and filed. Seconded by Lynch.
Motion carried 7-0.
City Manager recommending that the North
Cascade Road project be considered for future
funding opportunities with no changes to the
Five Year Street Program, presented and read.
Cline moved that the communication be
received and filed. Seconded by Lynch. Motion
carried 7-0.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located south of North
Cascade Road from Dubuque County A-1
Agricuitural and R-2 Single-Family Residential
District to City of Dubuque R-3 Moderate
Density Multi-Family Residential District
concurrent with annexation, presented and read.
Cline moved that this be set for publiC hearing
on 6/5/06 at a meeting to commence at 6:30
P.M. in the public library auditorium and direct
the City Clerk to publish notice in the manner
prescribed by law. Seconded by Lynch. Motion
carried 7-0.
Gary and Mary Beth Valentine - Request to
Rezone: Setting a public hearing for June 5,
2006 to consider a request from Gary and Mary
Beth Valentine to rezone property located at the
southeast comer to North Cascade Road and
Edval Lane from County A 1 AgriculturallR2
Single-Family Residential District to City R-3
Moderate Density Multi-Family Residential
District in conjunction with annexation to the City
of Dubuque and Zoning Advisory Commission
recommending approval with the condition that
the properly be rezoned to R-2 Two-Family
Residential, presented and read. Cline moved
that the communication be received and filed.
Seconded by Lynch. Motion carried 7-0.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at the southeast
corner of North Cascade Road and Edval Lane
from Dubuque County A-1 Agricultural and R-2
Single-Family Residential District to City of
Dubuque R-3 Moderate Density Multi-Family
Residential District concurrent with annexation,
presented and read. Cline moved that this be
set for public hearing on 6/5/06 at a meeting to
commence at 6:30 P.M. in the public library
auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Lynch. Motion carried 7-0.
Regular Session, May 1, 2006
173
Thomas and Sheri Henschel - Request to
Rezone: Setting a public hearing for June 5,
2006 to consider a request from Thomas and
Sheri Henschel to rezone property located west
of Miiler Road in Dubuque County from County
R2 Single-Family Residential District and City
AG Agricultural District to City R-2 Two-Family
Residential District in conjunction with
annexation to the City of Dubuque and the
Zoning Advisory Commission recommending
approval, presented and read. Cline moved that
the communication be received and filed.
Seconded by Lynch. Motion carried 7-0.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located west of Miiler Road
from Dubuque County R2 Single-Family
Residential District and City of Dubuque AG
Agricuitural District to City of Dubuque R-2 Two-
Family Residential District, concurrent with
annexation, presented and read. Cline moved
that this be set for public hearing on 6/5/06 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and direct the City Clerk to
publish notice in the manner prescribed by law.
Seconded by Lynch. Motion carried 7-0.
NCR Developers, inc. / Martin McNamer -
Request for Voluntary Annexation: City Manager
recommending that a public hearing be set for
June 5, 2006 to consider a request from NCR
Developers, Inc. / Martin McNamer to voluntarily
annex 181.59 acres to the City of Dubuque
contingent on approval of the development
annexation agreement, presented and read.
Cline moved that the communication be
received and filed and set public hearing for
6/5/06 at a meeting to commence at 6:30 P.M. in
the public library auditorium and direct the City
Clerk to publish notice in the manner prescribed
by law. Seconded by Lynch. Motion carried 7-0.
Gary and Mary Beth Valentine - Request for
Voluntary Annexation: City Manager recom-
mending that a public hearing be set for June 5,
2006 to consider a request from Gary and Mary
Beth Valentine to voluntarily annex 58.62 acres
to the City of Dubuque contingent on approval of
the development annexation agreement,
presented and read. Cline moved that the
communication be received and filed and set
public hearing for 6/5/06 at a meeting to
commence at 6:30 P.M. in the public library
auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Lynch. Motion carried 7-0.
Thomas and Sheri Henschel - Request for
Voluntary Annexation: City Manager
recommending that a public hearing be set for
June 5, 2006 to consider a request from Thomas
and Sheri Henschel to voluntarily annex 39.08
acres to the City of Dubuque contingent on
approval of the development annexation
agreement, presented and read. Cline moved
that the communication be received and filed
and set public hearing for 6/5/06 at a meeting to
commence at 6:30 P.M. in the public library
auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Lynch. Motion carried 7-0.
University Avenue Culvert and Sanitary Sewer
Extension Reconstruction Project: City Manager
recommending initiation of the public bidding
process for the University Avenue Culvert and
Sanitary Sewer Extension Reconstruction
Project and that a public hearing be set for June
5, 2006 to consider adoption of the plans and
specifications, presented and read. Cline
moved that the communication be received and
filed. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 176-06
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 University
Avenue Culvert Extension & Sanitary Sewer
Reconstruction Project in the estimated amount
of $407,724 are hereby approved and ordered
filed in the office of the City Clerk for public
inspection.
Passed, adopted and approved this 1 st day of
May, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 177-06
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 University Avenue Culvert Extension &
Sanitary Sewer Reconstruction 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 5th
day of June, 2006, 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
174
Regular Session, May 1, 2006
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 shail 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 1 st day of
May, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution and
set Hearing for 6/5/06 at a meeting to
commence at 6:30 P.M. in the public library
auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 1711-06
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the University Avenue Culvert Extension
and Sanitary Sewer Reconstruction 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 shail 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 shail 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 23rd day of May, 2006. Bids shail 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 5th day of June, 2006.
Passed, adopted and approved this 1 st day of
May, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the foilowing Boards /
Commissions:
Housing Code Appeals Board (One unexpired
three-year term through 1/11/08) Applicant:
David Young
Connors moved that David Young be appointed
to the Housing Code Appeals Board for an
unexpired three year term which will expire
1/11/08. Seconded by Braig. Motion carried 6-0
(Jones abstained).
Long Range Planning Advisory Commission
(One unexpired three-year term through 7/1/08)
Applicant: Otto Krueger Connors moved that
Otto Krueger be appointed to the Long Range
Planning Commission for an unexpired three
year term through 7/1/08. Seconded by Braig.
Motion carried 6-0 (Jones abstained).
TV Cable Regulatory Commission (One
unexpired three-year term through 6/30/07)
Applicant: Kevin R. Stevens Connors moved
that Kevin R. Stevens be appointed to the TV
Cable Regulatory Commission for an unexpired
term which will expire 6/30/07. Seconded by
Braig. Motion carried 6-0 (Jones abstained).
PUBLIC HEARINGS
Michalski moved to suspend the rules to ailow
anyone present to address the Council.
Seconded by Braig. Motion carried 7-0.
Fiscal Year 2006 Budget Amendment: Proof
of publication on notice of hearing to consider
the second amendment to the Fiscal Year 2006
budget 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.
Regular Session, May 1, 2006
175
31-288
CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION
To the Auditor of DUBUQUE County, Iowa:
The City Council of DUBUQUE in said County/Counties met on May 1, 2006
,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to
publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against
the amendment.
The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave
final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any.
thereupon, the following resolution was introduced
179-06
RESOLUTION No.
A RESOL.UnON AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING .lUNE 30 2006
(AS AMENDEO LAST ON 10/3/05 .)
Be tt Rnotved by the Council of the City of DUBUQUE
Section 1. Following notice published 4/21 / D 6
and the publiC hearing held, Mav 1, 2006 the CUrrent budge~viously amended) is amended as set out
herein and in the detail by fund type and activity that supports this resolution wtIid1 was considered at that hearing:
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day of
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A?~t? P
...,.,
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
176
Regular Session, May 1, 2006
A.Y. McDonald Park Development - Phase II
Project: Proof of publication on notice of hearing
to consider adoption of the plans and
specifications for the AY. McDonald Park
Development - Phase II Project and City
Manager recommending award of the contract to
Portzen Construction, Inc., in the amount of
$849,653.90, presented and read. Connors
moved that the proof of publication and
communication be received and filed.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 180-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 20th day of March, 2006,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the AY. McDonald Park,
Phase II Construction Project.
'M1ereas, notice of hearing on plans,
specifications, fonn 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, approved and adopted this 1st day of
May, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 181-06
AWARDING CONTRACT
WHEREAS, sealed proposals have been
submitted by contractors for the AY. McDonald
Park, Phase II Construction Project pursuant to
Resolution No. 107-06, and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa, on the 21st day of April,
2006.
WHEREAS, said sealed proposals were
opened and read on the 18th day of April, 2006,
and it has been detennined that the bid of
Portzen Construction, Inc. in the amount of
$849,653.90 was the lowest bid for the
furnishings of all labor and materials and
perfonning 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 Portzen Construction, Inc., 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 RESOLVED:
That upon the signing of said contract and the
approval of the contracto~s bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 1st day of
May, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO, 182-06
APPROVING CONSTRUCTION CONTRACT
WITH PORTZEN CONSTRUCTION, INC, FOR
THE A.Y. McDONALD PARK, PHASE II
CONSTRUCTION PROJECT
Whereas, the City Council by Resolution No.
181-06 awarded the construction contract for the
AY. McDonald Park, Phase II Construction
Project to Portzen Construction, Inc.; and
Whereas Portzen Construction, Inc. has
submitted the attached executed contract and
bond.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The contract and bond attached hereto are
hereby approved.
2. The City Manager is hereby authorized and
directed to execute the contract on behalf of the
City of Dubuque.
Passed, approved and adopted this 1st day of
May, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Connors moved that the rules be reinstated
limiting discussion to the Council. Seconded by
Braig. Motion carried 7-0.
ACTION ITEMS
Request to Rezone - 3219 Asbury Road (First
Reading on 4/17/06):
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
property located at 3219 Asbury Road from R-2c
Two-Family Residential District, with conditions,
to OS Office Service District, said Ordinance
having been presented and read at the Council
Meeting of 4/17/06, now presented for further
action.
OFFICIAL PUBLICATION
ORDINANCE NO. 30-06
Regular Session, May 1, 2006
177
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 3219
ASBURY ROAD FROM R-2c TWO-FAMILY
RESIDENTIAL DISTRICT, WITH CONDITIONS,
TO OS OFFICE SERVICE DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances Is hereby amended by reclassifying
the hereinafter-described property from R-2c
Two-Family Residential Zoning District, with
conditions, to OS Office Service District; to wit:
Lot 2-1-2 of Stecher Place, 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.
Passed, approved and adopted this 1st day of
May 2006 .
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Heraid
newspaper this 5th day of May, 2006.
Jeanne F. Schneider, City Cierk
11 5/5
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 and moved final consideration and
passage of the Ordinance. Seconded by Braig.
Motion carried 7-0.
Proposed Hunting Ordinance (Third Reading
Reconsidered at April 17, 2006 Meeting) City
Manager submitting the revised ordinance to
allow hunting and target practice on agricultural
property of more than ten acres within the City
limits with the approval of the City Manager on a
case-by-case basis, presented and read.
Request of David S. Hartig, Jr. and his legal
counsel to address the City Council regarding
the proposed hunting ordinance, presented and
read.
David Hartig, 1255 Southern, spoke objecting
to the Ordinance, citing shotgun dangers and
noise.
Attorney William Toomey, 200 Security
Building. spoke objecting to the Ordinance citing
safety issues.
Rob McDonald, 16113 Paradise Lane, spoke
in support of the proposed Ordinance.
Jones moved to receive and file the
communications and to approve the proposed
changes in the Ordinance. Seconded by Braig.
Carried by the following vote: Yeas-Braig,
Buol, Connors, Jones, Lynch. Nays-Cline
Michalski.
An Ordinance Amending the City Code of
Ordinances, Chapter 33, Offenses and
Miscellaneous Provisions, by adopting a new
Section 33-17 Hunting and Target Practice
Permitted, authorizing the City Manager to issue
an Annual Permit to a Property Owner Allowing
Hunting and Target Practice within the corporate
limits of the City under certain conditions, said
Ordinance having been presented and read at
the Council Meetings of 3/6/06 and 3120/06, and
brought back on 4/17/06, now presented for final
action.
OFFICIAL PUBLICATION
ORDINANCE NO. 31-06
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES, CHAPTER 33, OFFENSES
AND MISCELLANEOUS PROVISIONS, BY
ADOPTING A NEW SECTION 33-17 HUNTING
AND TARGET PRACTICE PERMITTED,
AUTHORIZING THE CITY MANAGER TO
ISSUE AN ANNUAL PERMIT TO A
PROPERTY OWNER ALLOWING HUNTING
AND TARGET PRACTICE WITHIN THE
CORPORATE LIMITS OF THE CITY UNDER
CERTAIN CONDITIONS
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of
Ordinances is amended by adding the following
new Section 33-17:
Sec. 33-17: Hunting and Target Practice
Permitted:
(a) Sections 33-7 and 33-11 notwithstanding,
the City Manager may issue an annual permit to
a property owner for hunting and target practice
within the corporate limits of the city on the
owner's property, if the City Manager determines
that the property meets the following conditions:
(1) The property is zoned AG-Agricultural;
(2) The property is not less than ten (10)
contiguous acres or more in size;
(3) The property owner agrees to be present
to supervise target practice on the owner's
property; and
(4) Allowing hunting or target practice on the
property will not constitute a danger to public
safety;
(b) An application to allow hunting or target
practice shall be filed with the City Manager on a
form provided by the City Manager. The
application shall include the following
information:
(1) The name, address and telephone number
of the applicant;
(2) The address where the hunting or target
practice will take place;
178
Regular Session, May 1, 2006
(3) A site plan shall be a dimension drawing
showing the following:
North arrow;
Property lines;
Location of buildings on the subject property
and dimensions;
Location of buildings on adjacent property,
public streets, recreational trails or public
waters.
Falsification of information on an application
shall be grounds for denial or revocation of a
permit.
(c) The City Manager shall, upon consideration
of the application and the information required
herein, approve or reject the application. A
permit shall be valid for a period of one year
from the date thereof.
(d) At the time of filing the application, the
applicant shall pay to the city a non-refundable
permit fee established by the City Manager.
(e) A pennit may be revoked or suspended by
the City Manager by written notice for a violation
of any of the provisions of this section or any
other ordinances of the city or the laws of the
United States or the state of Iowa. The
permittee may file with the City Clerk a written
notice of appeal to the City Council from the
suspension or revocation.
(I) A hunter shall comply with all state and local
laws, rules, regulations and ordinances
governing hunting;
(g) Firearms or other weapons authorized for
hunting and target practice shall be limited to
bow and arrow, air gun, or shotgun with shot
ammunition size 4-9 excluding slugs; the use of
rifles, pistols, deer slugs, and black powder rifles
and all other firearms or other weapons is
prohibited.
(h) The permittee shall notify Police Dispatch at
the Dubuque Law Enforcement Center, on the
day on which hunting or target practice will occur
and prior to the commencement of any hunting
or target practice, of the location where the
hunting or target practice will occur.
(i) A hunter or a person engaged in target
practice shall not discharge a firearm or other
weapon in the direction of any person, livestock,
building, public street, recreational trail or public
waters.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved and adopted this 1st day of
May, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Cierk
Published officially in the Telegraph Herald
newspaper this 5th day of May, 2006.
Jeanne F. Schneider, City Clerk
11 5/5
Jones moved final consideration and passage
of the Ordinance. Seconded by Lynch. Carried
by the following vote: Yeas-Buol, Connors,
Jones, Lynch. Nays-Braig, Cline, Michalski.
Ethanol and Biodiesel Plants: City Manager
recommending approval of implementing a
moratorium on the construction of ethanol and
biodiesel plants within the City limits of Dubuque
for six months, presented and read. Connors
moved that the communication be received and
filed. Seconded by Michalski. Motion carried 7-0.
An Ordinance Amending the City of Dubuque
Code of Ordinances by adopting a new Section
11-58.6 Prohibiting the Issuance of Buiiding
Permits for the Construction of Ethanol Plants,
Ethanol Processing Facilities, Biodiesel Plants
and Biodiesel Processing Facilities, presented
and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 32-06
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES BY ADOPTING A NEW
SECTION 11-58.6 PROHIBITING THE
ISSUANCE OF BUILDING PERMITS FOR THE
CONSTRUCTION OF ETHANOL PLANTS,
ETHANOL PROCESSING FACILITIES,
BIODIESEL PLANTS AND BIODIESEL
PROCESSING FACILITIES
Whereas, the City of Dubuque Zoning
Ordinance allows the construction of ethanol
plants, processing facilities, biodiesel plants and
biodiesel processing facilities in certain zoning
districts; and
Whereas, the City Council desires to study
whether the construction of such plants or
facilities should be permitted in the City of
Dubuque.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque Code of
Ordinances is amended by adopting the
following new section:
Sec. 11-58.6. Moratorium on the Construction
of Ethanol Plants, Ethanol Processing Facilities,
Biodiesel Plants and Biodiesel Processing
Facilities:
The building official shall not issue a permit for
any new construction or substantial
enlargement, alteration, repair or remodeling of
any structure or building for the production of
ethanol or biodiesel fuel or for the processing of
ethanol or biodiesel fuel within the City of
Dubuque for a period of six months from the
date of this Ordinance except where a vested
right to the issuance of such permit accrued
prior to the effective date of this Ordinance.
Any person, firm or corporation aggrieved or
adversely affected by the building official's
refusal to issue a permit pursuant to this
moratorium shall appeal therefrom to the City
Regular Session, May 1, 2006
179
Council. The City Council may direct the building
official to issue a permit where the City Council
finds that the refusal to issue a permit would
deprive the owner of the property of a vested
right.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved and adopted this 1st day of
May, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 5th day of May, 2006.
Jeanne F. Schneider, City Clerk
1t 5/5
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 Michalski. Motion
carried 7-0. Connors moved final consideration
and passage of the Ordinance. Seconded by
Michalski. Motion carried 7-0.
Iowa Sister States: Communication from Cyndi
Chen, President of the Board of Directors of
Iowa Sister States, reporting on activities of the
organization and requesting support, presented
and read. Connors moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Braig. Motion carried 7-0.
Contracts and Leases: City Manager
recommending approval of a resolution
authorizing the City Manager to execute
contracts and leases on behalf of the City,
presented and read. Cline moved that the
communication be received and filed with the
provision of a monthly report being provided to
Council. Seconded by Jones. Motion carried 7-
o.
RESOLUTION NO. 183-06
AUTHORIZING THE CITY MANAGER TO
EXECUTE CONTRACTS AND LEASES ON
BEHALF OF THE CITY OF DUBUQUE
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Manager shall have the
authority to sign the following documents on
behalf of the City:
(a) Public improvement contracts for $25,000
or less;
(b) Contracts for the purchase of equipment,
materials or services for $50,000 or less;
(c) Leases for a term ofthree years or less;
(d) Insurance renewal contracts.
The City Manager shall submit a report to the
City Council of all such contracts and leases at
the first regular City Council meeting of each
month.
Section 2. The City Manager may delegate
the authority granted herein provided such
delegation is in writing.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Sister City Committee: Communication from
Jeffrey L. Walters regarding City Council
representation on the Sister City Committee,
presented and read. Jones moved that the
communication be received and filed and
approved Mayor Buol as representative on this
Committee. Seconded by Braig. Motion carried
7-0.
COUNCIL MEMBER REPORTS
Braig questioned the status of the Request for
Proposals for the bluffs study.
There being no further business, Braig moved
to adjourn. Seconded by Cline. Motion carried
7-0. The meeting adjourned at 7:53 P.M.
Isl Jeanne F. Schneider, CMC
City Clerk
1t 5/10
, ~
Approved: /~c'/~~A ,3V
M'~ 1f!/1 =
(1tJJ M.'t;~eLl~J
2006
2006
Council Members
180 Special Session, May 15, 2006
DUBUQUE
CITY COUNCIL I
OFFICIAL
PROCEEDINGS
City Council, Special Session, May 15, 2006
Council met in Special Session at 5:15 P.M. in
the Library Auditorium
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch, City Manager
Van Milligen
Absent: City Attorney Lindahl
Absent at Roll Call: Council Member Michalski
entered at 6:05 P.M,
Mayor Buol read the call and stated this is a
special session of the City Council called for the
purpose of discussing the renovation plans for
the Carnegie Stout Public Library.
Alan Avery, Chair of the Library Board of
Trustees, spoke and introduced the Library
Board Members: Susan Lindsay, Michaei
Shubatt, Kristen Smith, Diann Guns, Beverly
Kotz, Becky Hauder, Library Director Susan
Henricks and Architects Bruce Hamous, AIA-M
and Bradd Brown, AlA of OPN Architects.
Mr. Avery spoke giving the history of the
building and gave an overview of the proposed
renovation, citing usage of unused and
underutilized spaces, while accenting and
uncovering non-used windows and other unique
historical elements, Ms. Hendricks clarified the
requested funding, inciuding City funds, grants,
and other possible funding sources.
Council discussed the proposed renovation
and questioned the specific funding needs, but
did not commit additional funds at this time.
Council requested they be kept updated as to
the project and urged the building of a
constituency to back the project.
There being no further business, Connors
moved to adjourn. Seconded by Braig. Motion
carried 7-0. The meeting adjourned at 6:15 P.M.
/s/ Karen M. Chesterman
Deputy City Clerk
1t 5/24
Adopted
f1<L
Council Members
Regular Session, May 15, 2006
181
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, May 15, 2006
Council met at 6:30 P.M. in the Pubiic Library
Auditorium
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen, City Attorney Lindahl
Mayor Buol 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 Father Andrew Eagan
of the Dubuque Rescue Mission.
Proclamations: Nursing Home Month (May,
2006) received by Barbara Barker, Administrator
of Dubuque Nursing and Rehab; and Bike
Safety Month (May, 2006) received by Morning
Optimists President Jim Unsen and President-
Elect Lou Oswald.
CONSENT ITEMS
Minutes and Reports Submitted: Airport
Commission of 4/24; Cable TV Regulatory
Commission of 3/8; City Council of 5/1; Civil
Service Commission of 4/20; Environmental
Stewardship Advisory Commission of 5/2'
Historic Preservation Commission of 4/20:
Human Rights Commission of 4/10; Investmeni
Oversight Advisory Commission of 4/26; Park
and Recreation Commission of 3/14; Zoning
Advisory Commission of 5/3, presented and
read. Connors moved that the minutes be
received and filed. Seconded by Jones. Motion
carried 7-0.
Library Board of Trustees update from the
meeting of April 27, 2006, presented and read.
Connors moved that the communication be
received and filed. Seconded by Jones. Motion
carried 7-0.
Investment Oversight Advisory Commission
52nd Quarterly Report, presented and read.
Connors moved that the communication be
received and filed. Seconded by Jones. Motion
carried 7-0.
Proofs of publication of City Council
Proceedings of April 17, 2006 and List of Ciaims
and Summary of Revenues for Month ending
March 31, 2006, presented and read. Connors
moved that the proofs be received and filed.
Seconded by Jones. Motion carried 7-0.
Notice of Claims/Suits: June Link, et al v. City
of Dubuque, et al; James and Genevieve Givens
for property damage; David Goetzinger for
personal injury; Stacy Jungblut for personal
injury; Mark Kressig v. City of Dubuque
Ambulance Service; George and Colleen Smith
for property damage; Washington Mutual Bank,
FA vs. City of Dubuque, et ai, presented and
read. Connors moved that the communications
be received and filed and referred to the City
Attorney for investigation/report. Seconded by
Jones. Motion carried 7-0.
City Attorney advising that the following claims
have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa
Communities Assurance Pool: George W. Smith
for property damage; Stacy Jungbiut for
personal injury; James T. Givens for property
damage; David Goetzinger for personal injury,
presented and read. Connors moved that the
communications be received and filed and
concurred. Seconded by Jones. Motion carried
7-0.
Workers Compensation Claim: City Manager
recommending approval of the settlement of the
worker's compensation claim of Margaret
Schemmel, presented and read. Connors moved
that the communication be received and filed
and approved recommendation. Seconded by
Jones. Motion carried 7-0.
Purchase of Property: City Manager
recommending approval of the purchase of the
Gary Anderson property at 655 Gillespie Street
as part of the acquisition program associated
with expansion of the Bee Branch Creek
Restoration Project, presented and read.
Connors moved that the communication be
received and filed and approved recom-
mendation. Seconded by Jones. Motion carried
7-0.
State Historical Society of Iowa:
Communication from the State Historical Society
of Iowa adVISing that The Security Building, 800
Main Street, will be considered by the State
National Register Nominations Review
Committee for nomination to the National
Register of Historic Places on June 9, 2006,
presented and read. Connors moved that the
com,munication be received and filed. Seconded
by Jones. Motion carried 7-0.
National Mississippi River Museum and
Aquarium - Great River Road Interpretive
Slgnage Project: City Manager recommending
acceptance of the National Mississippi River
182
Regular Session, May 15, 2006
Museum and Aquarium - Great River Road
Interpretive Signage Project as completed by
Lange Sign Group in the final contract amount of
$23,010, presented and read. Connors moved
that the communication be received and fiied.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 184-06
ACCEPTING THE NATIONAL MISSISSIPPI
RIVER MUSEUM AND AQUARIUM - GREAT
RIVER ROAD INTERPRETIVE SIGNAGE
PROJECT
Whereas, the contract for the National
Mississippi River Museum and Aquarium - Great
River Road Interpretive Sign age Project (the
Project) has been completed and the City
Manager has examined the work and filed a
certificate stating that the Project has been
completed according to the terms of the
contract, plans and specifications and that the
City Manager recommends that the Project be
accepted.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Manager is approved and the Project is hereby
accepted.
Section 2. The City Treasurer is hereby
directed to pay to the contractor from the Iowa
Mississippi River Parkway Commission Grant
(SBIA-IA03 (2) -- 2T-00) in the amount of
$7,310.00; the Iowa Mississippi River Parkway
Commission Grant (SBIA-IA04 (2) -- 2T-00) in
the amount of $3,200.00; and the remaining
match will be funded by the Dubuque County
Historical Society in the amount of $12,500 for
the contract amount of $23,010.00 less any
retained percentage provided for therein as
provided in Iowa Code Chapter 573, and to pay
such retainage only in accordance with the
provisions of Iowa Code Chapter 573.
Passed, approved and adopted this 15th day
of May, 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 185-06
FINAL ESTIMATE FOR THE NATIONAL
MISSISSIPPI RIVER MUSEUM AND
AQUARIUM - GREAT RIVER ROAD INTER-
PRETIVE SIGNAGE PROJECT
Whereas, the contract for the National
Mississippi River Museum and Aquarium - Great
River Road Interpretive Signage Project has
been completed and the City Engineer has
submitted his final estimate showing the cost
thereof inciuding 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 $23,010.00 and the
said amount shall be paid from the: Iowa
Mississippi River Parkway Commission Grant
(SBIA-IA03 (2) -- 2T-00) in the amount of
$7,310.00; the Iowa Mississippi River Parkway
Commission Grant (SBIA-IA04 (2) -- 2T-00) in
the amount of $3,200.00; and the remaining
match will be funded by the Dubuque County
Historical Society in the amount of $12,500.
Passed, approved and adopted this 15th day
of May, 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Jeld-Wen - Irrevocable License: City Manager
recommending approval of an Irrevocable
License for Jeld-Wen Fiber Products to
construct a dock loading area on Jackson Street
and an air-makeup unit on Washington Street,
between 7th and 8th Streets, presented and
read. Connors moved that the communication
be received and filed and approved
recommendation. Seconded by Jones. Motion
carried 7-0.
Fiscal Year 2007 Wage Plan and
Compensation Package for Non-Bargaining Unit
Empioyees: City Manager recommending
approval of the Fiscal Year 2007 wage plan and
compensation package for non-bargaining unit
employees, presented and read. Connors
moved that the communication be received and
filed. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 186-06
APPROVING THE WAGE PLAN
COMPENSATION PACKAGE FOR
BARGAINING UNIT EMPLOYEES
FISCAL YEAR 2007
Whereas, the City Manager has
recommended that the Non-bargaining Unit
Wage Plan for Non-bargaining Unit General
Employee classifications and the Non-
bargaining Unit Wage Plan for Non-assigned
classifications, with the exception of the
classifications of Mayor and City Council
Members, be increased by 3.5% across-the-
board effective July 1, 2006; 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 increase for
Non-bargaining Unit employees is consistent
with the wage increase to be received by
AND
NON-
FOR
Regular Session, May 15, 2006
183
employees represented by the Police
Association bargaining unit.
NOW, THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Non-bargaining Unit Wage
Plan for General Employees and the Non-
bargaining Unit Wage Pian for Non-assigned
classifications is hereby approved.
Passed, approved and adopted this 15th day
of May, 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
409 Burch Street (Tabled on February 6,
2006): City Manager submitting an update on
the rehabilitation of 409 Burch Street and
recommending that this item be tabled to June
19, 2006, presented and read. Connors moved
that the communication be received and filed
and tabled to the Council Meeting of 6/19/06.
Seconded by Jones. Motion carried 7-0.
HUD Continuum of Care: City Manager
recommending approval of the submittal of a
renewal application to the U.S. Department of
Housing and Urban Development (HUD) for
renewal funds for agencies administering
Continuum of Care services to homeless
persons, presented and read. Connors moved
that the communication be received and filed
and approved. Seconded by Jones. Motion
carried 7-0.
HUD Lead-Based Paint Hazard Control Grant:
City Manager recommending approval of an
application to the US Department of Housing
and Urban Development for $2,763,117 for
continuation of the Lead-Based Paint Hazard
Prevention Program, presented and read.
Connors moved that the communication be
received and filed and approved
recommendation. Seconded by Jones. Motion
carried 7-0.
Notice of Intent to Request Release of Funds-
Step by Step Program: City Manager
recommending approval of the publication of a
combined Notice of Finding of No Significant
Impact on the Environment and Notice of Intent
to Request Release of Funds for the Step by
Step Project, presented and read. Connors
moved that the communication be received and
filed. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 187-06
A RESOLUTION AUTHORIZING PUBLI-
CATION OF A CONCURRENT NOTICE OF
FINDING OF NO SIGNIFICANT IMPACT ON
THE ENVIRONMENT AND NOTICE OF
INTENT TO REQUEST RELEASE OF FUNDS
FOR THE STEP BY STEP INC. PROJECT
Whereas, the City of Dubuque has received a
Community Development Block Grant (CDBG)
from the U.S. Department of Housing and Urban
Development and HOME funds from the Iowa
Department of Economic Development, 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 Step by Step Inc. Project; and
Whereas, based on said environmental review,
the Department of Housing and Community
Development has determined that said project
will have no significant impact on the
environment; and
Whereas, a concurrent 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 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 Deputy 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 Step by
Step Inc. Project and to make the Environmental
Review Record for said project available for
public inspection and comment until 5:00 pm on
June 5, 2006. 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 Housing and Community
Development 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
Urban Development and the Iowa Department of
Economic Development fifteen (15) days after
publication of 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
184
Regular Session, May 15, 2006
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 is and he is hereby authorized and
directed to execute a certification pertaining to
the environmental review procedures.
Passed, approved and adopted this 15th day of
May 2006.
Roy D. Buol, Mayor
Attest Kanan M. Chestennan, Deputy City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
A. Y. McDonald Park, Phase I Project: City
Manager recommending acceptance of the A.Y.
McDonaid Park, Phase I Project as completed
by Portzen Construction, Inc., in the final
contract amount of $667,008.00, presented and
read. Connors moved that the communication
be received and filed. Seconded by Jones.
Motion carried 7-0.
RESOLUTION NO. 188-06
ACCEPTING IMPROVEMENT
Whereas, the contract for the A.Y. McDonald
Park, Phase I Project has been completed and
the City Manager has examined the work and
fiied 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 General Fund in amount
equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 15th day
of May, 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 189-06
FINAL ESTIMATE
Whereas, the contract for the A.Y. McDonald
Park, 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 $667,008.00, and the
said amount shall be paid from the General
Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 15th day
of May, 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried HI.
MCC Iowa LLC (Mediacom) - 2005 Annual
Report: MCC Iowa LLC (Mediacom) submitting
the 2005 Annual Report, presented and read.
Connors moved that the communication and
report be received and filed. Seconded by
Jones. Motion carried 7-0.
PEG Access Capital Grant Expenditure: City
Manager recommending approval to receive a
$14,000 Cable Grant for Access Equipment and
Facilities from the Cable Community
Teleprogramming Commission to be used for
purchasing a new message information system
for City Channel 8, presented and read.
Connors moved that the communication be
received and filed and approved
recommendation. Seconded by Jones. Motion
carried 7-0.
2006 Justice Assistance Grant: City Manager
recommending approval and acceptance of the
2006 Edward Byrne Memorial Justice
Assistance Grant (JAG) in the amount of
$29,008 to provide funds for overtime for iliegal
drug investigations and special enforcement
teams, presented and read. Connors moved
that the communication be received and filed.
Seconded by Jones. Motion carried 7-0.
Technology Transfer Program: City Manager
recommending approval of a 2006 Technology
Transfer Program grant application for the
purchase of a pre-designated Computer
Forensics Tool Kit, presented and read.
Connors moved that the communication be
received and filed and approved
recommendation. Seconded by Jones. Motion
carried 7-0.
Regular Session, May 15, 2006
Iowa Health Systems Child Safety Program:
City Manager recommending approval of the
City participating in a child safety program
sponsored by the Iowa Health Systems (Finley
Hospital is the local affiliate) and endorsed by
the Iowa Department of Public Safety, presented
and read. Connors moved that the
communication be received and filed. Seconded
by Jones. Motion carried 7-0.
ADC Properties - Certificate of Completion:
City Manager recommending approval of the
issuance of a Certificate of Completion for ADC
Properties, L.C. (Advanced Data-Comm),
presented and read. Connors moved that the
communication be received and filed and
approved. Seconded by Jones. Motion carried
7-0.
Banner Requests: City Manager recom-
mending approval of the design for America's
River Corporation and Dubuque Main Street,
Ltd. banners that will be hung on the Town
Clock, presented and read. Connors moved that
the communication be received and filed and
approved recommendation. Seconded by Jones.
Motion carried 7-0.
Gateway Landscaping Project: City Manager
recommending acceptance of the Gateway
Landscaping Project as completed by Portzen
Construction, Inc., in the final contract amount of
$764,002.25, presented and read. Connors
moved that the communication be received and
filed. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 190-06
ACCEPTING IMPROVEMENT
Whereas, the contract for the Gateway
Landscaping Project 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:
1. That the recommendation of the City
Manager be approved and that said
improvement be and the same is hereby
accepted.
BE iT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the General Fund in amount
equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 15th day
of May, 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
185
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 191-06
FINAL ESTIMATE
Whereas, the contract for the Gateway
Landscaping 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 $764,002.25, and the
said amount shall be paid from the General
Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 15th day
of May, 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chestenman, Deputy City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Pedestrian Wayfinding Signs Consultant: City
Manager recommending approval of the
selection of Mission Creative to provide graphic
design services for a directional Pedestrian
Wayfinding Sign Program for persons traveling
throughout downtown Dubuque, including the
Port of Dubuque, presented and read. Connors
moved that the communication be received and
filed and approved recommendation. Seconded
by Jones. Motion carried 7-0.
Request to Vacate: Communication from
Arnold J. Van Etten, representing James and
Shirley Christensen, requesting that a portion of
the piat of "North Dubuque" be vacated,
presented and read. Connors moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Jones. Motion carried 7-0.
Historic Preservation Awards Ceremony:
Communication from the Historic Preservation
Commission inviting the City Council to attend
the Ken Kringle Historic Preservation Awards
Ceremony on May 18, 2006 at the Mandolin Inn,
presented and read. Connors moved that the
communication be received and fiied. Seconded
by Jones. Motion carried 7-0.
Iowa Department of Economic Deveiopment:
Communication from the Iowa Department of
Economic Development advising of the
successful compietion of the Community
Economic Betterment Account (CEBA) Program
contract with CottinghamlButler insurance
Services, presented and read. Connors moved
186
Regular Session, May 15, 2006
that the communication be received and filed.
Seconded by Jones. Motion carried 7-0.
Consultation on Voluntary Annexation
Requests: Communication to Wayne Demmer,
Dubuque County Board of Supervisors,
regarding the voluntary annexation requests of
Gary and Mary Beth Valentine, North Cascade
Road (NCR) Developers, and Tom and Sheri
Henschel, presented and read. Connors moved
that the communication be received and filed
and approved letter. Seconded by Jones. Motion
carried 7-0.
Improvement Contracts Performance,
Payment and Maintenance Bonds: Former
Water Department and Stealth Racing Building -
Demolition and Site Clearance Project; 2006
Asphalt Paving Program Project; Port of
Dubuque Parking Lot No. 1 Reconstruction and
Landscaping Project, presented and read.
Connors moved that the communication be
received and filed and approved contracts and
bonds. Seconded by Jones. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 192-06
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of Jaw relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
NEW
Rons Discount Smokes / Beverage Center
RKM LLC 1450 Loras Blvd
Passed, approved and adopted this 15th day
of May, 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Cierk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 193-06
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "B" BEER (5 - DAY SPECIAL EVENT)
Catfish Festival+
McDonald Park
Dubuque Jaycees
Main St Town Clock
CLASS "B" BEER PERMIT
Ryme DBQ, Inc Pizza Ranch+
(Sunday Sale) 2020 Radford Rd
CLASS "C" BEER PERMIT
TFM Co. Oky Doky# 1 +
(Sunday Sale) 250 W. 1st St
RKM LLC Ron's Discount Smokes+
(Sunday Sale) 1450 Loras Blvd
TFM Co. Oky Doky#2+
(Sunday Sale) 51 W. 32nd St
MC Cann's Service, Inc McCann's Service+
(Sunday Sale) 690 W. Locust
Passed, approved and adopted this 15th day
of May, 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Catish Special Event
(Sunday Sale)
Dubuque Jaycees
RESOLUTION NO. 194-06
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 "A" LIQUOR LICENSE
Dubuque Golf & Country Club Dubuque Golf
&Country Club+(Sunday/Outdoor) 1800 Randall
CLASS "C" BEER/LIQUOR LICENSE
Miller Enterprises Busted Lift+
(Sunday/Outdoor Sale) 80 Main St
DBQ Casino Hotel Houlihans/Hilton Garden Inn
(Outdoor Sale) 1801 Greyhound Park
Michael Kalmes Breaktime Bar & Grill+
(Sunday Sale) 1097 Jackson
Cooper Management Co. Bricktown/Stonewall
Lounge+(Sunday Sale) 299 Main St
Beverly Larsen Denny's Lux Club+
(Sunday Sale) 3050 Asbury Rd
CLASS "B" WINE PERMIT
TFM Co Oky Doky# 2
51 W. 32nd St
Passed, approved and adopted this 15th day
of May, 2006
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Regular Session, May 15, 2006
187
Hwy 151 & 61 Development, LLC
Development Agreement: City Manager
recommending that a public hearing be set for
June 5, 2006 to consider approval of a
development agreement with Hwy 151 & 61
Development, LLC that provides for public
financial assistance and other considerations for
the redevelopment of the former Smithfield
property on 16th Street, presented and read.
Cline moved that the communication be
received and filed. Seconded by Lynch. Motion
carried 7-0.
RESOLUTtON NO. 195-06
FIXING THE DATE FOR A MEETtNG OF THE
CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA ON THE PROPOSED ISSUANCE OF
URBAN RENEWAL TAX INCREMENT
REVENUE OBLIGATIONS AND THE
EXECUTION OF A DEVELOPMENT AGREE-
MENT RELATING THERETO WITH HWY 151
& 61 DEVELOPMENT, LLC, AND PROVIDING
FOR THE PUBLICATION OF NOTICE
THEREOF
Whereas, it is deemed necessary and
advisable that the City of Dubuque (City) vacate
certain utility easements located on property
owned by Hwy 151 & 61 Development, LLC
(Developer); and
Whereas, in consideration of certain utility
easements to be granted by Developer to City
for the Bee Branch storm sewer along the
western edge of the property, City intends to
grant Developer an option to acquire certain City
property located south of 16th Street directly
across from the development site; and
Whereas, it is deemed necessary and
advisable that City should issue Urban Renewal
Tax Increment Revenue obligations, as
authorized by Chapter 403 of the Code of Iowa,
and to enter into a Development Agreement
relating thereto with Developer for the purpose
of carrying out an Urban Renewal Plan as
hereinafter described; and
Whereas, before said obligations may be
approved, Chapter 403 of the Code of Iowa
requires that the City Clerk pUblish a notice of
the proposal and of the time and place of the
meeting at which the City Council proposes to
take action thereon and at which meeting the
City Council shall receive oral andlor written
objections from any resident or property owner
of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council meet in the
Auditorium of the Carnegie-Stout Public Library
in Dubuque, Iowa, at 6:30 p.m. on the 5th day of
June, 2006, for the purpose of vacating certain
utility easements, providing an option on certain
City owned land south of 16th Street, and taking
action on the matter of the issuance of Urban
Renewal Tax Increment Revenue obligations
and the execution of a Development Agreement
relating thereto with Hwy 151 & 61
Development, LLC, the proceeds of which will
be used to carry out certain of the special
financing activities described in the Urban
Renewal Plan for the Kerper Boulevard
Industrial Park Economic Development District,
consisting of the funding of economic
developments grants to Hwy 151 & 61
Development, LLC pursuant to a Development
Agreement entered into with Hwy 151 & 61
Development, LLC under the terms and
conditions of said Urban Renewal Plan. It is
expected that the aggregate amount of the Tax
Increment Revenue obligations will be $5 million
more or less, due to assessment increases
and/or tax rate adjustments.
Section 2. That the Clerk is hereby directed to
cause at least one publication to be made of a
notice of said meeting, in a newspaper, printed
wholly in the English language, published at
least once weekly, and having general
circulation in said City, said publication to be not
less than four days nor more than twenty days
before the date of said meeting on the issuance
of said obligations.
Section 3. That the notice of the proposed
action to issue said obligations shall be in
substantially the form attached hereto.
Passed, approved and adopted this 15th day
of May, 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Cline moved adoption of Resolution No. 1 95-
06 Intent to dispose of an interest in City real
estate and easements and fixing the date for a
Public Hearing of the City Council of the City of
Dubuque, Iowa, on the proposed issuance of
Urban Renewal Tax Increment Revenue
Obligations and the Execution of a Development
Agreement relating thereto with Hwy 151 & 61
Development, LLC, and providing for the
publication of Notice thereof and set public
hearing for 6/5/06 at a meeting to commence at
6:30 P.M. in the public library auditorium and
direct the City Clerk to publish notice in the
manner prescribed by law. Seconded by Lynch.
Motion carried 7-0.
Wendell Corey, Motor City LLC - Request to
Rezone: Setting a pUblic hearing for June 1 g,
2006 to consider a request from Wendell Corey,
Motor City LLC to rezone property located north
of Asbury Plaza Shopping Center in Dubuque
County from County AG Agricultural District to
City PUD Planned Unit Development with a PC
Planned Commercial designation in conjunction
with annexation to the City of Dubuque and
188
Regular Session, May 15, 2006
Zoning Advisory Commission recommending
approval, and an Ordinance Amending Appendix
A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter
described property located north of Asbury
Plaza Shopping Center from County AG
Agricultural District to City PUD Planned Unit
Development with a PC Planned Commercial
designation in conjunction with annexation,
presented and read. Cline moved that this be
set for public hearing on 6/19/06 at a meeting to
commence at 6:30 P.M. in the public library
auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Lynch. Motion carried 7-0.
John and Sally Jo Herrig - Request to
Rezone: Setting a public hearing for June 19,
2006 to consider a request from John and Sally
Jo Herrig to rezone property located south of
Derby Grange Road in Dubuque County from
County A 1 Agricultural to City AG Agricultural
District, R-3 Moderate Density Multi-Family
Residential District and C-3 General Commercial
District in conjunction with annexation to the City
of Dubuque and Zoning Advisory Commission
recommending approval with conditions and that
the property be rezoned to R-2 Two-Family
Residential, and an Ordinance Amending
Appendix A (the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by reclassifying
hereinafter described property located south of
Derby Grange Road from County A 1 Agricultural
to City AG Agricultural District, R-3 Moderate
Density Multi-Family Residential District and C-3
General Commercial District in conjunction with
annexation to the City of Dubuque, presented
and read. Cline moved that this be set for public
hearing on 6/19/06 at a meeting to commence at
6:30 P.M. in the public library auditorium and
direct the City Clerk to publish notice in the
manner prescribed by law. Seconded by Lynch.
Motion carried 7-0.
Dean and Patricia Butler - Request to Rezone:
Setting a public hearing for June 19, 2006 to
consider a request from Dean and Patricia
Butler to rezone property located south of Derby
Grange Road in Dubuque County from County
A 1 Agricultural District to City R-3 Moderate
Density Multi-Family Residential District in
conjunction with annexation to the City of
Dubuque and the Zoning Advisory Commission
recommending approval with the condition that
the property is rezoned R-2 Two-Family
Residential District, and an Ordinance Amending
Appendix A (the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by reclassifying
hereinafter described property located south of
Derby Grange Road in Dubuque County from
County A 1 Agricultural District to City R-3
Moderate Density Multi-Family Residential
District in conjunction with annexation to the City
of Dubuque, presented and read. Cline moved
that this be set for public hearing on 6/19/06 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and direct the City Clerk to
publish notice in the manner prescribed by law.
Seconded by Lynch. Motion carried 7-0.
Wendell Corey, Motor City LLC - Request for
Voluntary Annexation: City Manager
recommending that a publiC hearing be set for
June 19, 2006 to consider a request from
Wendell Corey, Motor City LLC to voluntarily
annex to the City of Dubuque contingent on
approval of the zoning and the annexation
agreement, presented and read. Cline moved
that the communication be received and filed
and public hearing set for 6/19/06 at a meeting
to commence at 6:30 P.M. in the publiC library
auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Lynch. Motion carried 7-0.
John and Sally Jo Herrig - Request for
Voluntary Annexation: City Manager
recommending that a public hearing be set for
June 19, 2006 to consider a request from John
and Sally Jo Herrig to voluntarily annex to the
City of Dubuque contingent on approval of the
zoning and the annexation agreement,
presented and read. Cline moved that the
communication be received and filed and public
hearing set for 6/19/06 at a meeting to
commence at 6:30 P.M. in the pubiic library
auditorium and direct the City Clerk to pubiish
notice in the manner prescribed by law.
Seconded by Lynch. Motion carried 7-0.
Dean and Patricia Butler - Request for
Voluntary Annexation: City Manager
recommending that a public hearing be set for
June 19, 2006 to consider a request from Dean
and Patricia Butler to voluntarily annex to the
City of Dubuque contingent on approval of the
zoning and the annexation agreement,
presented and read. Cline moved that the
communication be received and filed and public
hearing set for 6/19/06 at a meeting to
commence at 6:30 P.M. in the public library
auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Lynch. Motion carried 7-0.
Fifth Street Reconstruction - Alpine to Delhi
Project: City Manager recommending initiation
of the public bidding process for the Fifth Street
Reconstruction - Alpine to Delhi Project and that
a public hearing to consider the plans and
specifications be set for June 5, 2006, presented
and read. Cline moved that the communication
be received and filed. Seconded by Lynch.
Motion carried 7-0.
Regular Session, May 15, 2006
RESOLUTION NO. 196-06
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 5th Street
Reconstruction Project - Delhi Street to Alpine
Street in the estimated amount of $1 ,294,539.71
are hereby approved and ordered filed in the
office of the City Clerk for public inspection.
Passed, adopted and approved this 15th day of
May, 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 197-06
FOONG DATE OF HEARING
ON PLANS AND SPECIACATIONS
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 5th Street Reconstruction Project - Delhi
Street to Alpine Street.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 5th
day of June, 2006, 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 15th day of
May, 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Cierk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 19B-06
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
lB9
That the 5th Street Reconstruction Project -
Delhi Street to Alpine Street 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 ath day of June, 2006. 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 19th day of June, 2006.
Passed, adopted and approved this 15th day of
May. 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 199-06
RESOLUTION OF NECESSITY
Whereas, proposed plans 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 Clerk showing among other things
the plans, specifications, form of contract,
estimated cost and preliminary plat and
schedule showing the amount proposed to be
assessed against each lot and the valuation of
each lot as filed by the City Council, for the 5th
Street Reconstruction Project - Delhi Street to
Alpine Street.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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
Resolution of Necessity, they shall be deemed
to have waived all objections pertaining to the
regularity of 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 Clerk.
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
190
Regular Session, May 15, 2006
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 Fiscal Year 2007
Street Construction Program, Watermain
Replacement Program, Street Program Related
Sanitary Sewer Improvements, Fiber Optic
Conduit Private Subdivisions and
Misceilaneous Projects, and special assessment
bonds may be issued in anticipation of deferred
payments of special 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 Clerk this 15'h day of May, 2006.
Approved and placed on file for finai action.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried HI.
RESOLUTION NO. 200-06
FIXING DATE 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 of the City Clerk for publiC inspection
for the 5'h Street Reconstruction Project - Deihl
Street to Aipine Street; 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 5th day of June, 2006, a public
hearing will be heid at 6:30 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
Jot, 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 general circulation in the City
of Dubuque, Iowa, which notice shail be
published once each week for two consecutive
weeks, the first publication of which shail be not
less than ten days prior to the day fixed 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
shail be deemed to have waived ail objections
thereto.
Passed, adopted and approved this 15th day of
May, 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 201-06
RESOLUTION APPROVING PRELIMINARY
SCHEDULE OF ASSESSMENTS
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached sheet(s), Pages 1 to 4
inclusive, are hereby determined to be the
schedule of proposed assessments for the 5th
Street Reconstruction Project - Delhi Street to
Alpine Street and the valuations set out herein
are hereby approved.
Passed, approved and adopted this 15th day
of May, 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
Five Flags Arena Fall Protection Project: City
Manager recommending initiation of the publiC
bidding process for the Five Flags Arena Fail
Protection Project and that a public hearing to
consider the plans and specifications be set for
June 19, 2006, presented and read. Cline
moved that the communication be received and
filed. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 202-06
PRELIMINARY APPROVAL
OF PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Five Flags
Arena Fail Protection Project, in the estimated
amount of $175,000, are hereby approved and
ordered filed in the office of the City Clerk, for
public inspection.
Passed, approved and adopted this 15th day
of May, 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 203-06
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
Regular Session, May 15, 2006
191
the office of the City Clerk for public inspection
of the Five Flags Arena Fall Protection Project.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that on the 19th day of June,
2006, a public hearing will be held at 6:30 p.m.
in the Public Library Auditorium, at which time
interested persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for its consideration. At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement
Passed, approved and adopted this 15th day
of May, 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 204-06
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Five Flags Arena Fall Protection
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 8th day of June, 2006. 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 19th day of June, 2006.
Passed, approved and adopted this 15th day
of May, 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Boards/Commissions:
Civil Service Commission (One four-year term
through 4/6/10 - term of Kluesner)
Applicant: Loras Kluesner No one spoke.
PUBLIC HEARINGS
Michalski moved that the rules be suspended
to allow anyone present to address the Council.
Seconded by Braig. Motion carried 7-0.
Request to Rezone - Alter Scrap Processing /
Tschiggfrie Excavating Company: Proof of
publication on notice of hearing to consider
rezoning property located at 190 North Crescent
Ridge from CS Commercial Service and
Wholesale District and C-3 General Commercial
District to PI Planning Industrial District as
requested by Alter Scrap ProcessingfT schiggfrie
Excavating Company and Zoning Advisory
Commission recommending approval; City
Manager response to the concerns raised in the
communication from the Humane Society which
was referred to staff by the City Council at the
May 1, 2006 meeting; Communication from
Stephen C. Krumpe, representing Medical
Associates Clinic and Medical Associates
Realty, in opposition to the proposed rezoning
and requesting that he be allowed fifteen
minutes to address the Council; Communication
from Jeffrey L. Gonner, Medical Associates
Chief Financial Officer, submitting information in
opposition to the proposed rezoning;
Communication from the Humane Society of
Scott County in support of the proposed
rezoning for Alter Scrap ProcessingfTschiggfrie
Excavating Company; Communication from
Stephen C. Krumpe submitting protest letters
signed by a majority of the owners of property
within 200 feet of 190 North Crescent Ridge;
Communication from the Dubuque Regional
Humane Society in opposition to the proposed
rezoning request of Dawne O'Meara, Alter
SalvagefTschiggfrie Excavating for 190 North
Crescent Ridge (presented at May 1, 2006 City
Council meeting); Communication of L. Peter
Alt, M.D. of Medical Associates objecting to
rezoning for scrap processing usage;
Communication of Scott Frank, President and
CEO of Oak Park Place, objecting to the
proposed rezoning for a recycling scrap yard
and requesting that the nearby parkiand, given
by Medical Associates, should stay a park-like
setting; Communication of Clay Wilwert,
President of Wilwert's, objecting to the proposed
rezoning citing a safety concern for his.
customers if debris is dropped from trucks
delivering scrap; Communication of Public
Health Specialist Mary Rose Corrigan stating
there have been no noise complaints at the
192
Regular Session, May 15, 2006
present site of this business, 180 Harrison
Street; Communication of Attorney Gary Norby,
representing Tschiggfrie Excavating Company
and Alter Trading Company, stating the
proposed rezoning of 190 N. Crescent Ridge is
proper and in the public interest;
Communication of James Schumacher of LaMar
Advertising stating the rescinding of their original
letter of opposition to the proposed rezoning,
presented and read.
Dawne O'Meara, General Manager of Alter
Scrap Processing, spoke introducing the
ownership, management and consultant team
of Alter Scrap: Rob Goldstein, Bob
Rosencrantz, Bob Ellis, Guy Jackson,
Environmental Sanitarian Sarah Sycking,
Engineers Dennis & Tim Waugh and Corporate
Counsel Gary Norby.
Ms. O'Meara requested Councii approval for
the rezoning to give the Company a larger place
for relocation. Their present location, 180
Harrison, is only one acre and the new sije
would rezone 7.9 acres of the 22 acre sije. The
company will spend $3 million to relocate and
has a huge commitment to Dubuque with their
long presence here. They employ eleven
employees with good pay and benefits and
expect to add more. They have operated for 23
years with no citations and stressed that all
scrap is moved within twenty days and the
company is committed to being a good neighbor.
Bob Hartig, representing Medical Associates,
spoke objecting to the proposed rezoning. He
stressed that this rezoning was tumed down in
December and nothing has really changed. He
showed various photos of the view of the
proposed site for the recycling plant from the
nearby offices of Medical Associates and Oak
Park Place Retirement and Assisted Living
buiidings. He objected to the noise and view
that would impact the citizens that live there.
Guy Jackson, Alter Scrap's Director of Safety
and Management, stressed that Alter is a good
corporate citizen and they had hired a neutral
third-party, Liberty Mutual, to do a noise survey.
He stated that the noise would be at acceptable
levels.
Dennis Waugh, IIW Engineers, delivered a
PowerPoint presentation showing the various
computer renderings of the nearby buiidings
clarifying the views each would be afforded. He
distributed a booklet with photos and graphs
illustrating this.
Attorney Steve Krumpe, on behalf of Medical
Associates, objected to the rezoning proposal,
stating that truck traffic will increase, perilaps
leaving debris on the highways. He stressed
that Medical Associates and Oak Park Place
were each a $13 million investment in Dubuque.
Property values would diminish with this usage.
He stated that the City has RFP's out for a new
Unified Development Code which would study
the City's entire zoning system. He stressed this
is not a good rezoning for this western gateway
to Dubuque area.
Bob Hartig spoke stressing that the Vision
2010 plan has hiking and biking traiis as a
priority. Medical Associates gave the City
several acres along the creek to provide for a
trail and this trail area is listed in the City code
and should be kept for the biking and hiking trail.
The impact noise of trucks, three cranes, and a
shaker table would be very noisy.
Terry Koelker of Buesing and Associates
spoke and showed photographs of the impacted
areas.
Dr. Mark Runde, Board President of Medical
Associates Clinic, spoke and stressed Medical
Associate's 80 plus year presence in Dubuque,
including 10 years as a good neighbor on the
west side of town, and requested Councii turn
down the proposed Ordinance allowing the
relocation of Alter Scrap Recycling Plant.
Bill Latham, 35 Oak Grove Drive, spoke
objecting, stating this is not a good usage near
their residential neighborhood.
Vince Wernimont, 65 Oak Grove Drive, spoke
agreeing with all in opposition, stressing that
their private wells have been unusable at times
and with Alter's proposed expansion there would
be more noise, shaking impact and lots of truck
traffic. He was born and raised near this area
and stated that during flooding this area would
be under water.
Dennis Ries, Manager of the Comfort Inn,
spoke stating they have been there for 16 years
and have 150-210 people stay each night. Their
customers walk to various nearby businesses
and more traffic and congestion would inhibit
and endanger them.
Greg Paulsen, 1 941 Coates Street,
representing his parents who reside at Oak Park
Place, spoke objecting to the noise, stating even
now the nearby raiiroad is noisy.
Clay Wiiwert, 145 N. Crescent Ridge, spoke
and stated he spent $3.2 million to put up a
state-of-the-art business and warned that
dropped nails or debris from trucks using Alter
Scrap Recycling would impact the safety of his
motorcycle customers.
Galen Kroger, Internal Auditor for Alter,
stressed that the company has been looking for
room to expand for ten years, that this is not a
junkyard but rather a recycling facility.
Leonard Weis, 20 Oak Grove Dr., stated he
has lived in his home for 33 years, raised 12
chiidren there, and has continued to upgrade,
add to and renovate his property, and objected
to the proposed rezoning.
Environmental Sanitarian Sarah Sycking
spoke stressing the measures that would be
taken to mitigate any detrimental environmental
problems.
Regular Session, May 15, 2006
193
Jeff Gonner, 1012 Barbaralee, as a Medical
Associates employee, objected to the proposed
rezoning.
Rob Goldstein, CEO of Alter Scrap Processing
Company, spoke and stressed Alter's integrity
and requested Council support in this venture.
Ed Tschiggfrie, 400 Julien Dubuque Drive,
spoke clarifying any stormwater problems on
this site.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 190 North
Crescent Ridge from CS Commercial Service
and Wholesale District and C-3 General
Commercial District to PI Planned Industrial
District, presented and read. Michalski moved
to receive and file the proof and communications
and consider this the first reading of the
Ordinance. Seconded by Jones. Motion failed
due to the following vote: Yeas-Cline, Connors,
Miclhalski. Nays-Braig, Buol, Jones, Lynclh.
At 9:56 Council recessed.
At 10:05 Council reconvened.
Communication of Thomas Zalaznik
withdrawing the following rezoning request:
Request to Rezone - Thomas Zalaznik: Proof of
publication on notice of hearing to consider
rezoning property located north of Crescent
Ridge Road from AG Agricultural District to CS
Commercial Services and Wholesale District as
requested by Thomas and Valorie
ZalazniklEdward and Valorie Zalaznik and
Zoning Advisory Commission recommending
denial and an Ordinance Amending Appendix A
(the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying property
located north of Crescent Ridge Road from AG
Agricultural District to CS Commercial Services
and Wholesaie District.
Request to Rezone - 605 Peru Road: Proof of
publication on notice of hearing to consider
rezoning property located at 605 Peru Road
from R-1 Single-Family Residential District to LI
Light Industrial District as requested by Robert
Clauer and Zoning Advisory Commission
recommending approval, with conditions,
presented and read. Michalski moved that the
proof and communication be received and filed.
Seconded by Connors. Motion carried 7-0.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying property located
at 605 Peru Road from R-1 Single-Family
Residential District to LI Light Industrial District,
with conditions, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 33-06
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 605
PERU ROAD FROM R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT TO LI LIGHT
INDUSTRIAL 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 of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter-described property from R-1
Single-Family Residential District to LI Light
Industrial, with conditions, to wit:
Lot 1 and Lot 2 Maple Leaf Addition No.2, and
to the centerline of the adjoining public right-of-
way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 15th day
of May, 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5
(2005), and as an express condition of rezoning
of the property described as:
Lot 1 and Lot 2 Maple Leaf Addition No.2, and
to the center line of the adjoining public right-of-
way, all in the City of Dubuque, Iowa.
which is the subject of Ordinance No. 33-06, a
copy of which is attached hereto and
incorporated herein by reference, the
undersigned property owners, agree to the
following conditions, all of which the property
owner further agrees are reasonable and are
imposed to satisfy public needs which are
caused directiy by the rezoning:
A) Conditions
1) The property be rezoned to CS
Commercial Service and Whoiesale District.
2) The building height be limited to 20 feet.
3) Access is limited to Peru Road only.
4) No outside storage of unlicensed vehicles
is permitted.
B) Reclassification of the Subject Property. The
City of Dubuque, Iowa may initiate zoning
reclassification proceedings to the R-1 Sing ie-
Family Residential District (which rezoning will
include the removal of the performance
standards in Section A above) if the property
owner fails to complete any of the conditions or
provisions of this Agreement.
194
Regular Session, May 15, 2006
C) Modifications. Any modifications of this
Agreement shall be considered a zoning
reciassification and shall be subject to the
provisions of the Zoning Ordinance goveming
zoning reclassifications. All such modifications
must be approved by the City Council of
Dubuque, Iowa.
D) Recording. A copy of this Agreement shall
be recorded with the Dubuque County Recorder
as a permanent record of the conditions
accepted as part of this rezoning approval within
ten (10) days of the adoption of Ordinance No.
33-06.
E) Construction. This Agreement shall be
construed and interpreted as though it were part
of Appendix A of the Code of Ordinances of the
City of Dubuque, also known as the Zoning
Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the
undersigned and his/her heirs, successor and
assi~.
ACCEPTANCE OF ORDINANCE NO. 33-06
I, Robert L. Clauer, property owner, having
read the terms and conditions of the foregoing
Ordinance No. 33-06 and being famiiiar with the
conditions thereof, hereby accept this same and
agree to the conditions required therein.
Dated in Dubuque, Iowa this 12th day of May,
2006.
By: /s/ Robert L. Clauer
Published officially in the Telegraph Herald
newspaper this 22nd day of May, 2006.
Karen M. Chesterman, Deputy City Clerk
lt5/22
Michalski moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended. Seconded by Connors. Motion
carried 7-0. Michalski moved that this be the
final consideration and adoption of the
Ordinance. Seconded by Jones. Motion carried
7-0.
Request to Rezone - Uelner Precision Tool
and Die: Proof of publication on notice of
hearing to consider amending the Dubuque
Industrial Center Planned Unit Deveiopment
(PUD) District to modify maximum lot coverage
and setbacks along street frontages as
requested by Uelner Precision Tool and
Die/Greater Dubuque Development Corporation
and Zoning Advisory Commission
recommending approval, presented and read.
Michalski moved that the proof and
communication be received and filed.
Seconded by Connors. Motion carried 7-0.
Dan McDonald, Greater Dubuque
Development Corporation, 300 Main Street,
praised Uelner Precision Tool and Die for
investing a lot of money in their business.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by adopting a revised Planned
Unit Development Ordinance for the Dubuque
Industrial Center Phases I And II located at the
southwest comer of Highway 32 (Northwest
Arterial) and Chavenelle Road and by repeaiing
Ordinance 69-98, Ordinance 5-99, Ordinance
40-00 and Ordinance 18-02, presented and
read.
OFFICIAL PUBLICATION
ORDINANCE NO. 34-06
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
ADOPTING A REVISED PLANNED UNIT
DEVELOPMENT ORDINANCE FOR THE
DUBUQUE INDUSTRIAL CENTER PHASES I
AND II LOCATED AT THE SOUTHWEST
CORNER OF HIGHWAY 32 (NORTHWEST
ARTERIAL) AND CHAVENELLE ROAD AND
BY REPEALING ORDINANCE 69-98,
ORDINANCE 5-99, ORDINANCE 40-00 AND
ORDINANCE 18-02.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by adopting a
revised Planned Unit Deveiopment Ordinance,
with conditions, for the Dubuque Industrial
Center, as shown in Attachment A, and to the
centeriine of the adjoining public right-of-way, all
in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section
414.5 (2005) and as an express condition of the
reciassification, the undersigned property owner
agrees to the following conditions, all of which
the property owners further agree are
reasonable and imposed to satisfy the public
needs that are caused directly by the zoning
reclassification:
A) Purpose and Scope
This document sets forth the conditions and
restrictions applicable to the specific P I Planned
Industrial District known as "Dubuque Industrial
Center.' All development and use of property in
this specific district shall comply with these
conditions as well as with the PI Planned
Industrial District provisions of the Zoning
Ordinance and other applicable regulations of
the City of Dubuque.
This document is not intended to abrogate,
annul or otherwise interfere with any easement,
covenant or an other private agreement or legal
relationship; provided, however, that where the
conditions and restrictions of this document are
more restrictive or impose higher standards or
requirements than such easement covenant or
Regular Session, May 15, 2006
195
other private agreement or legal relationship, the
requirements of this document shall govem.
B) Definitions
1) Building-related Features
Building-related features are defined as all
construction items which rise above the grade
surface of the lot. These include:
a) The primary building.
b) All accessory or secondary buildings.
c) All exterior storage areas.
d) Exterior refuse collection areas.
e) Exterior mechanical equipment.
f) Containerized or tank storage of liquids,
fuels, gases and other materials.
2) Vehicle-related Features
Vehicle-related features are defined as all areas
used for the movement and parking of all
vehicles within the lot. These include:
a) Employee and visitor parking spaces.
b) Driveways from the street right-of-way
line to and from parking spaces.
c) Loading spaces outside of the building.
d) Maneuvering space and driveways to
and from loading spaces.
e) Parking spaces for company-owned
commercial vehicles.
3) Open Space Features
Open space features are defined as those
exterior areas and developed features of the lot
which include:
a) Landscape space containing lawn areas
and plantings.
b) Paved, hard-surfaced pedestrian areas
such as walkways, plazas, entryways and
courtyards.
c) Surface storm water detention areas not
otherwise used for building-related or vehicle-
related purposes.
d) Open recreation areas.
e) Other non-building and non-vehicular
related space.
C) Use Regulations
Uses within this particular PI Planned Industrial
District shall be permitted as follows:
1) Land Use Plan
Land uses shall be located only in compliance
with Attachment A Dubuque Industrial Center
Land Use Plan Phase I and II.
2) Permitted Uses
a) Development parcels within Phase I of
the Dubuque Industrial Center may be used for
any principal permitted, accessory and
conditional use allowed in the HI Heavy
Industrial District.
b) Development parcels within Phase II of
the Dubuque Industrial Center may be used for
the following permitted and accessory uses:
1) Railroads and public or quasi-public
utilities, including substations - [47]
2) General office - [14].
3) Medical/dental lab - [8J.
4) Personal services - [14].
Off-street parking lot - [NA].
Parking structure - [NA].
Bakery (wholesale/commercial) - [1 g]/
Drive-up automated bank teller - [18].
Furniture/upholstery repair - [18].
Banks, savings and loans, credit unions
5)
6)
7)
8)
g)
10)
-[31J.
11) Vending/game machine sales and
service - [1 g].
12) Mail order houses - [23J.
13) Construction supply sales and service
-[19J.
14) Printing and publishing - [32].
15) Moving/storage facilities - [33].
16) Wholesale sales/distributor - [29].
17) Freight transfer facilities - [44J.
18) Agricultural supplies - [19].
19) Cold storage/lockerplants-[15J.
20) Packing and processing of meat, dairy
or food products, but not to include slaughter
houses or stockyards - [33].
21) Compounding, processing, and
packaging or chemical products, but not
including highly flammable or explosive
materials - [33].
22) Manufacture, assembly, repair or
storage of electrical and electronic products,
components or equipment - [33].
23) Laboratories for research
engineering - [33J.
24) Warehousing and storage facilities -
[33].
25) Manufacture or assembly of musical
instruments; toys, watches or clocks; medical,
dental, optical, or similar scientific instruments;
orthopedic or medical appliances; signs or
billboards - [33].
26) Manufacturing, compounding, assembly
or treatment of articles or products from the
following substances; clothing or textiles, rubber,
precious or semi-previous stones or metal,
wood, plastic, paper, leather, fiber, glass, hair,
wax, sheet metal, feathers, fur, and cork - [33J.
27) Manufacture, storage or processing of
the following products or materials: glue,
petroleum products or any flammable liquid,
asphalt or concrete products, explosive
materials of any type, structural steel and
foundry products, fertilizer, pharmaceutical
products, including cosmetics, toiletries and
soaps, and stone products, including brick,
building stone and similar masonry materials -
[33].
[ J Parking groups (See section 4-2 of the
Zoning Ordinance).
Accessory Uses
The following uses shall be permitted as
accessory uses:
1) Any use customarily incidental and
subordinate to the principal use it serves.
D) Lot and Bulk Standards
1) Maximum Height
or
196
Regular Session, May 15, 2006
Maximum height of building-related features
shall not exceed fifty (50) feet, except that
structural appurtenances, such as towers,
chimneys, and mechanical equipment may be
allowed to exceed this limit.
2) Land Area Coverage
a) Land area coverage by building-related
features and vehicle-related features shall not
exceed the maximum limits established in this
section. Land area for open space-related
features shall not be less than the minimum
limits established in this section.
b) Maximum lot coverage shall be eighty
(80) percent. All building and vehicle-related
features shall be considered when calculating
total land area coverage, except fire lanes and
railroad tracks. The City Engineer shall review
all building and paving expansions for
compliance with storm water control regulations
and policies.
3) Lot Development Zones
Development on each lot is regulated by
standards for each of four lot development
zones shown on Attachment B. The position of
each lot line related to adjacent lots, streets,
public open space and existing topography
establishes the type of zone which has been
designated for each lot line. The degree to
which building-related, vehicle-related, and open
space-related features may be developed in
each zone is established in accordance with the
section diagrams included as Attachment C,
parts 1 through 5. Abbreviations used on the
diagrams include:
BR: Building-related features
VR: Vehicle-related features
OS: Open space-related features
Basic Zone Descriptions:
"A" Zone: Area between street right-of-way line
and "B" zone. Principally contains open space
and a limited amount of vehicle-related features.
No building-related features are allowed in this
zone. "A" zones associated with major and
minor streets are different.
"B" Zone: Major area inside the "A", "C", and "0"
zones. Principally contains building and vehicle-
related features with a lesser amount of open
space.
"C" Zone: Area between the public open space
(back or side) lot lines and the "B" zone.
Principally contains open space and a limited
amount of vehicle-related features.
"0" Zone: Area associated with a lot line
separating two lots. Principally contains open
space and a limited amount of vehicle-related
features.
E) District Standards
Each use shall be planned, designed,
constructed, operated and maintained in such a
manner as to comply with the district standards
of the PI Planned Industrial District and the
following:
1) Required Open Space Development
a) Plant Materials. The open space area of
each lot shall be pianted with permanent lawn
and ground covers, shrubs and trees. These
plantings shall be designed to perform the
functions and purposes set forth in Guidelines
for the Selection of Plant Materials (Attachment
D).
The installation of required planting materials
may be phased in direct proportion to the
phasing of building construction. All exposed
soil areas remaining after the construction of the
building and vehicle-related features shall be
planted with a permanent ground cover to
prevent erosion.
The area between the paved public street and
the right-of-way line shall be planted and
maintained by the lot owner.
b) Pedestrian Areas: Permanent hard-surfaced
walkways shall be installed and maintained for
the purposes of pedestrian movement between
all parking areas and functioning entrances and
exits of the buildings.
2) Control of Vehicle-related Features
a) Parking spaces required: Each developed
lot shall provide a minimum number of off-street
parking spaces for employees and visitors. The
number of spaces required shall be in
accordance with Section 4-2 of the Zoning
Ordinance.
When computation of required off-street parking
spaces results in a fractional number, the
required spaces shall be the next higher whole
number. All off-street parking spaces shall be
located on the same lot as the building for which
such spaces are required or on an adjacent lot
in a location which is not farther than 300 (three
hundred) feet from the building served. Parking
spaces provided for overnight storage of
company-owned commercial vehicles shall be in
addition to the minimum required number of
spaces.
b) Loading spaces required. A minimum
number of required off-street loading spaces
shall be provided on each developed lot as
established by applicable provisions of the City
of Dubuque Zoning Ordinance enforced at the
time of development of the lot.
c) Phased construction of buildings, parking
spaces and loading spaces. The construction of
off-street parking spaces and loading spaces
may be phased in proportion to the percentage
of total building fioor area constructed at any
one time. Ground area set aside for future
parking, loading spaces or driveways or for
parking provided in excess of the minimum
required number of parking or loading spaces
shall not reduce the minimum required area for
open space.
d) Location of vehicle-related features on the
lot. The ground location of all vehicle-related
Regular Session, May 15, 2006
197
features is controlled by the provisions of
Section D(3) Lot Development Zones.
e) Design. All vehicle-related features shall
be surface with a hard, all-weather, durable,
dust-free surfacing material. Proper drainage of
storm water shall be provided. All parking and
loading spaces shall be delineated on the
surfacing material by painted stripes or other
permanent means. Widths and lengths of
parking and loading spaces shall be governed
by applicable provisions of City of Dubuque
Ordinances enforced at the time of development
of the lot.
The number, size, design and location of parking
spaces designated for handicapped drivers shall
be according to local, state or federal
requirements in effect at the time of
development. The location or driveway
intersections with public streets shall be
established by the City of Dubuque.
Reverse movement maneuvering of deliver
vehicles between the lot and minor cul-de-sac
streets is allowable. No on-street maneuvering
or delivery vehicles will be allowed on any type
of through street. Lots adjoining through streets
shall provide all necessary maneuvering space
for delivery vehicles within the confines of the
lots.
t) Loading doors and docks. All loading
(shipping and receiving of raw and
manufactured goods) doors and docks shall be
designed to provide for the direct movement of
goods between the delivery vehicle and the
interior of the building. No visually exposed
platform docks shall be allowed, except within
fully screened storage areas. Exterior loading
and unloading of vehicles is allowed within
screened exterior storage areas.
3) Utility Location
a) Service lines. All electrical, telephone,
television cable and other similar utility lines
serving the building and other site features shall
be located underground.
b) Mechanical equipment. All electrical
transformers, switching gear, relay boxes,
meters, air conditioning units, heat pumps, and
other similar mechanical equipment shall be
located in positions which are shielded from
view from pubic streets in the Dubuque
Industrial Center. Constructed fencing or walls
and plant materials may be used to visually
screen such mechanical equipment.
4) Site Signage
a) Applicability of City of Dubuque
Ordinances. The provIsions of the City of
Dubuque Zoning Ordinance and Sign Ordinance
apply to the construction and maintenance of
signs, unless further regulated by this section.
b) Off-premise signs. No off-premise signs
shall be erected or constructed in the Dubuque
Industrial Center or on any of the private lots or
buildings within the Dubuque Industrial Center.
c) On-premise signs.
1) Allowable content. Signs, messages and
graphics shall be limited to the following
contents:
Primary Sign
- Identification of company name
- Identification of company products or services
- Street address
- Graphic symbol or logo identified with the
company
Secondary Sign
- Directional messages necessary for the safe
and efficient flow or vehicular and pedestrian
traffic on the lot
- Identification of visitor entrances to the
building, shipping and receiving docks, and
other deliver points
- Identification of assigned parking spaces and
handicapped accessibility
- Temporary announcements of pending or new
construction
- Commemorative messages
2). Maximum number of signs. The number
of primary signs shall not exceed five (5) for
each premises or lot.
No maximum number of secondary signs is
established.
3) Maximum area of sign panel. If a primary
sign is building-mounted its total area shall not
exceed 15% of the area of the building wall upon
which it is mounted. If the primary sign is
freestanding, its maximum area shall not exceed
the following:
Lot area (acres) Maximum primary sign area
(square feet)
o to 5 30 square feet
5.01 to 10 50 square feet
10.01 to 20 70 square feet
20.01 + 90 square feet
The area of double-faced freestanding signs
shall be computed as the area of a single face
only.
No maximum cumulative area is established for
secondary signs; however, no single permanent
secondary signs hall exceed six feet in area.
4) Allowable structural types. Primary and
secondary signs may be mounted on exterior
walls of buildings or may be freestanding. No
signs shall be mounted on roofs or above any
eave or parapet of a building. All building-
mounted signs shall be flush mounted on the
wall and no projections beyond one (1) foot shall
be allowed. The determination of area of signs
composed of separate elements shall be the
area of a rectangle that completely encloses all
such elements and/or corporate identification
devices.
5) Sign locations on lots. Building-mounted
primary signs may be located on any fa\>lde of a
building in the industrial park. Freestanding
primary signs may be located anywhere on the
building lot.
198
Regular Session, May 15, 2006
Secondary signs may be located anywhere on
the lot and on any building fa<;:ade.
No signs may project in space over a street or
right-of-way line, any visibility triangie area, or
onto another lot.
6) Height regulations. Primary signs and their
supporting structure(s) shall not extend upward
to an elevation higher than the roof line of the
building which is served by the sign.
7) Lighting. Primary signs may be illuminated
oniy by means of indirect lighting whereby all
light sources and devices are shielded from view
by opaque or translucent materials. Secondary
signs shall not be illuminated.
8) Motion. No signs may include any device
or means, mechanical, electrical or natural,
which shall cause any motion of the sign panel
or any part thereof. No flashing lights or
changing colors shall be allowed.
5) Storm Water Management
a) Existing Watersheds. The area of
watersheds after development shall remain the
same as pre-development watersheds, or as
directed by the Public Works Department of the
City of Dubuque.
b) Storm Water Conveyance. The developer
of each lot shall be responsible for providing
surface or subsurface conveyance(s) of storm
water from the lot to existing storm sewers or to
flow line of open drainageways outside the lot in
a means that is satisfactory to the Public Works
Department of the City of Dubuque.
6) Site Lighting
a) Types. Exterior illumination of the site
shall be limited to the illumination of:
1) Parking areas, driveways, and loading
docks.
2) Pedestrian walkway surfaces and
entrances to building.
3) Screened storage areas.
4) Building exterior.
b) Location and design. All exterior lighting
shall be designed, installed and maintained so
as not to cause direct glare or to shine into
adjacent lots and streets. No light source shall
provide illumination onto adjacent lots, buildings,
or streets in excess of 1.0 foot candle. All
exterior lighting luminaires shall be designed
and installed to shield light from the luminaire at
angles above 72 degrees from vertical.
Fixtures mounted on a building shall not be
positioned higher than the roof line of the
building. Post-mounted freestanding fixtures
shall not be higher than thirty (30) feet above the
ground.
7) Operations within enclosed buildings
All operations and activities shall be conducted
or maintained within completely enclosed
buildings except:
a) Off-street parking and loading spaces.
b) Employee recreational facilities.
c) Outdoor or exterior storage.
8) Exterior Storage and Trash Collection Areas
a) Allowable types of storage. Exterior
storage is permitted only for raw and processed
goods, equipment and other materials related to
the principal activity of the lot. The storage of
trash and debris shall be limited to that produced
by the principal permitted use of the lot. No
outdoor storage of materials or trash which
could be blown into the air or strewn about by
the wind shall be permitted.
b) Location and area coverage of exterior
storage and trash collection. The location of
exterior storage and trash collection areas is
controlled by provisions of Section 4.3 Lot
Development Zones. The ground area coverage
of exterior storage and trash collection areas
shall be the area contained inside the required
screening and this area shall be considered to
be a building-related feature for purposes of
calculating total land area coverages.
c) Screening of exterior storage and trash
collection areas. All exterior storage and trash
collection areas and the materials contained
therein shall be visually screened from view.
The screening shall be a completely opaque
fence, wallar other feature not exceeding a
height of ten (10) feet measured from the ground
level outside the line of the screen. Screen
structures built on sloping grades shall be
stepped, so that their top line shall be horizontal.
Exposed materials used to construct the opaque
screen shall be similar in appearance to
materials used for exterior building walls. Colors
of the screen shall match those of the building.
All exterior entrances to a screened storage or
trash area shall be provided with a gate or door
of similar design to that of the screen. Gates or
doors facing a street frontage or the Northwest
Arterial shall be closed at all times other than
when a vehicle or personnel are using the
entrance for access to and from the screened
area.
If a ten (10) foot high screen fails to shield the
exterior storage or trash collection area from
view from points inside or outside of the
property, evergreen plantings may be required.
Evergreen plant materials shall be selected and
designed so that they will eventually screen the
area from all off-site visibility. In such cases, if
initial plantings are of six (6) foot height or
greater, the requirements of other opaque
screening shall be omitted.
F) Transfer of Ownership
Transfer of ownership or lease of property in this
PUD District shall include in the transfer or lease
agreement a provision that the purchaser or
lessee acknowledges awareness of the
conditions authorizing the establishment of the
district.
G) Modifications
Any modifications of this Ordinance must be
approved by the City Council in accordance with
Regular Session, May 15, 2006
199
zoning reclassification proceedings of Section 6
of the Zoning Ordinance.
H) Recording
A copy of this ordinance shall be recorded at the
expense of the property owner(s) with the
Dubuque County Recorder as a permanent
record of the conditions accepted as part of this
reclassification approval within ten (10 days after
the adoption of this ordinance. This ordinance
shall be binding upon the undersigned and
his/her heirs, successors and assigns.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 4. Section 2 of Ordinance No. 49-80,
Ordinance No. 39-82, Section 2 of Ordinance
No. 6-89 and Ordinance No. 88-90 are hereby
repealed.
Section 5. This Ordinance shall take effect
upon publication as provided by law.
Passed, approved and adopted this 15th day
of May, 2006.
Roy D. Buol, Mayor:
Attest: Karen M. Chesterman, Deputy City Clerk
ACCEPTANCE OF ORDINANCE NO. 34-06
I, William H . Callahan, representing Dubuque
Initiatives, property owner, having read the
terms and conditions of the foregoing Ordinance
No. 34-06 and being familiar with the conditions
thereof, hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, Iowa this 17'" day of May,
2006.
By: /s/ William H. Callahan
Published officially in the Telegraph Herald
newspaper this 27th day of June, 2006.
Karen M. Chesterman, Deputy City Clerk
1t6/27
Michalski moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended. Seconded by Connors. Motion
carried 7-0. Michalski moved final consideration
and passage of the Ordinance. Seconded by
Braig. Motion carried 7-0.
Request to Rezone - Larry and Del Miller:
Proof of publication on notice of hearing to
consider rezoning property located at the corner
of Bies Drive and Sylvan Drive from R-4 Multi-
Family Residential District to OS Office Services
District as requested by Larry and Del Miller and
Zoning Advisory Commission recommending
approval, presented and read. Connors moved
that the communication be received and filed.
Seconded by Lynch. Motion carried 7-0.
Larry Miller spoke clarifying the requested
rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at the intersection of
Sylvan and Bies Drives from R-4 Multi-Family
Residential District to OS Office Service District,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 35-06
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT THE
INTERSECTION OF SYLVAN AND BIES
DRIVES FROM R-4 MULTI-FAMILY
RESIDENTIAL DISTRICT TO OS OFFICE
SERVICE DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter-described property from R-4
Multi-Family Residential Zoning District to OS
Office Service District; to wit:
Lot 4 of Sylvan Place, 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.
Passed, approved and adopted this 15th day
of May, 2006 .
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Published officially in the Telegraph Herald
newspaper this 22'" day of May, 2006.
Karen M. Chesterman, Deputy City Clerk
1t5/22
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 Lynch. Motion carried
7-0. Connors moved final consideration and
passage of the Ordinance. Seconded by Braig.
Motion carried 7-0.
Ham House Lease Agreement: Proof of
publication on notice of hearing to consider a
new lease for the Ham House with the Dubuque
County Historical Society and City Manager
recommending approval, presented and read.
Cline moved that the proof and communication
be received and filed. Seconded by Braig.
Motion carried 7-0.
200
Regular Session, May 15, 2006
Jerry Enzler, Executive Director of the
Dubuque County Historical Society, spoke in
appreciation of the 25 year lease.
RESOLUTION NO. 205-06
RESOLUTION DISPOSING OF AN INTEREST
IN REAL PROPERTY BY LEASE
AGREEMENT TO THE DUBUQUE COUNTY
HISTORICAL SOCIETY
WHEREAS, the City of Dubuque, Iowa (City) is
the owner of the real property legally described
as:
Parcel #1107251003, Lots 530, 1 of 531,2 of
531 and 532, all in Hams Addition, in the City of
Dubuque; and
WHEREAS, the Dubuque County Historical
Society desires to lease the Premises for the
purpose of creating Historical Museum; and
WHEREAS, the City Council has held a public
hearing on the City's intent to dispose of the
foregoing-described City property on the 15th
day of May, 2006, pursuant to notice as required
by law, and following the pubiic hearing
overruled all objections thereto.
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 the Lease
Agreement with Dubuque County Historical
Society, a copy of which is attached hereto, for
the above-described City Property.
Section 2. The Mayor is hereby authorized
and directed to sign the Lease Agreement on
behaif of the City of Dubuque.
Section 3. The City Clerk is hereby authorized
and directed to record this Resolution with the
Dubuque County Recorder.
Passed, approved and adopted this 15th day
of May, 2006.
Roy D. Buo!, Mayor
Attest: Karen M. Chesterman, Deputy City
Cierk
Cline moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
Interstate Power Company (Alliant) Easement:
Proof of publication on notice of hearing to
consider approval of a 100 foot easement to
Interstate Power Company (Alliant) in the Port of
Dubuque and City Manager recommending
approval, presented and read. Michalski moved
that the proof and communication be received
and filed. Seconded by Braig. Motion carried 7-
O.
RESOLUTION NO. 206-06
AUTHORIZATION TO DISPOSE OF AN
INTEREST IN REAL PROPERTY BY
EASEMENT TO INTERSTATE POWER AND
LIGHT COMPANY
WHEREAS, the City of Dubuque, Iowa (City)
owns certain real property described in the
Electric Line Easement attached hereto known
as the Port of Dubuque (the Property); and
WHEREAS, Interstate Power and Light
Company (Interstate) now has Transmission
Line Easements on the Property; and
WHEREAS, City and Interstate now desire to
substitute a new easement for the previously
approved Transmission Line Easements; and
WHEREAS, the City Council believes it is in
the best interests of the City of Dubuque to
approve a revised Eiectric Line Easement.
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, authorized the Mayor and City
Clerk to sign the Electric Line Easement
attached hereto, providing an interest in Reai
property to Interstate Power and Light Company.
Passed, approved and adopted this 15th day
of May, 2006.
Roy D. Buo!, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Michalski moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
Connors moved that the rules be reinstated
limiting discussion to the Council. Seconded by
Michalski. Motion carried 7-0.
ACTION ITEMS
Dubuque Main Street, Ltd.: Dan LoBianco,
Dubuque Main Street, Ltd., to provide verbal
quarterly report. Dan LoBianco, 1741 Avalon,
gave a brief, verbal report of the many positive
programs of Main Street Ltd.
Cline moved that the report be received and
filed. Seconded by Michalski. Motion carried 7-
O.
2006 - 2007 Deer Management Plan: City
Manager submitting the results of this year's
Urban Deer Management Program and
recommending approval of the revised plan for
the 2006 - 2007 hunting season including that
hunting on parcels of iess than three acres
would be approved on a case-by-case basis and
a communication from the Environmental
Stewardship Advisory Commission recom-
mending continuation of the Urban Deer
Management Plan for 2006 - 2007 and further
recommending that hunting on parcels of less
than three acres not require approval on a case-
by-case basis, presented and read.
Mike Buelow, Chair of the Environmental
Stewardship Commission, spoke clarifying the
report.
Connors moved that the communications be
received and filed and directed that the
Regular Session, May 15, 2006
201
recommendation of the City Manager be
followed. Seconded by Michalski. Motion carried
7-0.
Arts and Cultural Affairs Advisory Commission:
Arts and Cultural Affairs Advisory Commission
recommending approval of Fiscal Year 2007
Arts and Culture Operating Support funding
requests and authorize the City Manager to sign
the funding agreements, presented and read.
Mark Wahlert, Chair of the Commission, spoke
clarifying their funding decisions.
Cline moved that the communication be
received and filed and approved
recommendation. Seconded by Connors.
Motion carried 7-0.
Cable Television Franchise - Amendment for
I-Net Construction: City Manager recom-
mending approval of some changes to the cable
franchise related to the I-Net that would benefit
the City and Mediacom, presented and read.
Michalski moved that the communication be
received and filed and recommendation
approved. Seconded by Connors. Motion
carried 7-0.
iowa Department of Economic Development:
Communications from the Iowa Department of
Economic Development advising that McGraw-
Hill and Kunkel, Bounds and Associates have
been awarded financial assistance for their
projects in Dubuque, presented and read. Braig
moved that the communication be received and
filed. Seconded by Connors. Motion carried 7-
o.
West 11th Street Historic District: City
Manager recommending approval of a waiver of
the building permit moratorium section of the
Code of Ordinances under certain conditions
and adoption of a resolution granting a waiver
for all building permits in the portion of the West
11th Street Historic Preservation District subject
to the proposed R-2 rezoning, presented and
read. Connors moved that the communication
be received and filed. Seconded by Michalski.
Motion carried 7-0.
An Ordinance Amending City of Dubuque
Code of Ordinances Chapter 11, Building
Regulations, by amending Section 11-3 Permit
Issuance Prohibited During Consideration of a
Zoning Reclassification or a Text Amendment to
the Zoning or Subdivision Ordinances by
providing for waivers under certain conditions,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 36-06
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES CHAPTER 11 BUILDING
REGULATIONS, BY AMENDING SECTION 11-
3 PERMIT ISSUANCE PROHIBITED DURING
CONSIDERATION OF A ZONING RECLASSI-
FICATION OR A TEXT AMENDMENT TO THE
ZONING OR SUBDIVISION ORDINANCES, BY
PROVIDING FOR WAIVERS UNDER CERTAIN
CONDITIONS
Whereas, the City Council has prohibited the
issuance of building permits during zoning
reclassifications and amendments of the Zoning
and Subdivision Ordinances; and
Whereas, the City Council desires to provide
for the opportunity to waive this prohibition by
resolution under certain conditions.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of
Ordinances is amended by amending Section
11-3 as follows:
Section 11-3: Permit Issuance Prohibited
During Consideration of a Zoning
Reclassification or a Text Amendment to the
Zoning or Subdivision Ordinances:
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 filing 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
the city council. The city council may, by one or
more resolutions, waive this prohibition in whole
orin part.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved and adopted this 15th day
of May, 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Published officially in the Telegraph Herald
newspaper this 19th day of May, 2006.
Karen M. Chesterman, Deputy City Clerk
1t 5/19
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 Michalski. Motion
carried 7-0. Connors moved final consideration
and passage of the Ordinance. Seconded by
Braig. Motion carried 7-0.
RESOLUTION NO. 207-06
A RESOLUTION PROVIDING FOR A WAIVER
OF CITY OF DUBUQUE CODE OF
ORDINANCES CHAPTER 11 BUILDING
202
Regular Session, May 15, 2006
REGULATIONS, SECTION 11-3 PERMIT
ISSUANCE PROHIBITED DURING CONSI-
DERATION OF A ZONING RECLASSI-
FICATION OR A TEXT AMENDMENT TO THE
ZONING OR SUBDIVISION ORDINANCES, BY
PROVIDING FOR ISSUANCE OF BUILDING
PERMITS IN THE WEST 11TH STREET
HISTORIC PRESERVATION DISTRICT
REZONING AREA
Whereas, the City Council has prohibited the
issuance of building permits during zoning
reclassifications; and
Whereas, the Historic Bluffs Neighborhood
Association has filed a zoning reclassification
(rezonin~ request) for a substantial portion of the
West 11 h Street Historic Preservation District;
and
Whereas, the City Council desires to provide
for the opportunity to waive this J;'rohibitlon in the
rezoning area of the West 11 Street Historic
Preservation District.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby waives the
prohibition on the issuance of building permits
contained in Section 11-3 of the City of Dubuque
Code of Ordinances in effect for the pendin~
application for the rezoning of the West 11
Street Historic Preservation District.
Passed, approved and adopted this 15th day
of May, 2006..
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Connors moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
Grandview Gallop: City Manager submitting an
application from the Mississippi Valley Running
Association to hold a June 17, 2006 four mile
runlwaik that includes a partial closure of
Grandview Avenue for City Council review and
direction, presented and read. Connors moved
that the communication be received and filed
and request approved. Seconded by Michalski.
Motion carried 6-1 with Jones voting Nay.
Council questioned if this would be an annual
event and voiced concerns for the avaiiability of
emergency access to certain areas.
City of Dubuque Code of Ordinance
Amendment: City Manager recommending
approval of an amendment to the Code of
Ordinances Section 3-1 to provide that signs,
advertising, displays or other materials on public
property in violation of the City Code be
destroyed upon removal instead of being stored
indefinitely presented and read. Connors moved
that the communication be received and filed.
Seconded by Jones. Motion carried 7-0.
An Ordinance Amending the City of Dubuque
Code of Ordinances Section 3-1 Display of
Advertising Material, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 37-06
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES SECTION 3-1 DISPLAY OF
ADVERTISING MATERIAL
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 3-1 of the City of Dubuque
Code of Ordinances is amended to read as
follows:
Sec. 3-1. Display of advertising and other
material or articles on public property; removal;
costs.
Whenever the City Manager shall find signs,
advertising. displays or any other materials or
articles on public property, in violation of any
provision of this Code or other City ordinance or
any law, the City Manager shall cause such
materials or articles to be removed and
destroyed and the owner of the materials or
articles shall pay the costs incurred by the City
for removing and destroying such materials or
articles.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved and adopted this 15th day
of May, 2006.
Roy D. Buol, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
Published officially in the Telegraph Herald
newspaper this 22"" day of May, 2006.
Karen M. Chesterman, Deputy City Clerk
1t 5/22
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 Jones. Motion carried
7-0. Connors moved final consideration and
passage of the Ordinance. Seconded by Jones.
Motion carried 7-0.
Region 1 Workforce Investment Board:
Communication from Wendy Mihm-Herold,
Region 1 Workforce Manager, requesting that
the City submit two nominations for appointment
of one representative to the Region 1 Workforce
Investment Board, presented and read.
Michalski moved that the communication be
received and filed and nominated Council
Members Michalski and Cline for consideration.
Seconded by Jones. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Regular Session, May 15, 2006
Michalski shared that she would be attending
the National League of Cities Human Resources
meeting of which the main topic is immigration.
PUBLIC INPUT
Sr. Pat Conlon, Administrator of Ecumenical
Towers on W. 6th Street, spoke of the dangerous
intersection at Sixth and Locust where the
elde~y residents try to cross the street to get to
the Post Office. She stated that she had brought
the request to the Council last fall and City staff
had investigated and said it would have to wait
until spring. It continues to be a problem as she
has 88 elderly residents with the majority using
walkers, canes and wheelchairs. She requested
a pedestrian crossing light at this intersection.
There being no further business, Connors
moved to adjourn. Seconded by Cline. Motion
carried 6-1 with Buol vofing Nay. The meefing
adjourned at 11:14 P.M.
Isl Karen M. Chesterman
Deputy City Clerk
1t 5124
203
Approved:
2006
Adopted
2006
" /}2U'~
Council Members
,~~
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