Council Proceedings June 2006
Regular Session, June 5, 2006
205
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, June 5, 2006
Council met at 6:30 P.M. in the Public Library
Auditorium
Present: Mayor Pro-Tem Michalski, Council
Members Braig, Cline, Connors, Jones, Lynch,
City Manager Van Milligen, City Attomey Lindahl
Absent: Mayor Buol
Mayor Pro-Tem Michalski 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 Bishop John Tallent,
Church of Jesus Christ of Latter Day Saints.
Proclamations: Apples for Students (June and
July, 2006) received by Sister Inez Turnmeyer of
St. Mark Community Center; United States Arnny
Week (June 12-18, 2006) received by Sergeant
Davis.
CONSENT ITEMS
Minutes and Reports Submitted: Arts and
Cultural Affairs Advisory Commission of 4/25;
City Council of 5/15; Electrical Code Board of
5/22' Historic Preservation Commission of 5/18;
Hou~ing Commission of 4/25; Long Range
Planning Advisory Commission of 5/17; Transit
Board of Trustees of 5/11, presented and read.
Connors moved that the minutes be received
and filed. Seconded by Braig. Motion carried 6-
O.
Proof of publication of City Council
Proceedings of 5/1, presented and read.
Connors moved that the proof be received and
filed. Seconded by Braig. Motion carried 6-0.
Notice of Claims/Suits: Sarah Hume for vehicie
damage; McDermott Excavating for excavation
expenses, presented and read. Connors moved
that the communications be received and filed
and referred to the City Attorney for
investigation/report. Seconded by Braig. Motion
carried 6-0.
Request of Leanne M. Horsfall for
reconsideration of her claim for property
damage, presented and read. Connors moved
that the communication be received and filed
and referred to the City Attorney for
investigation/report. Seconded by Braig. Motion
carried 6-0.
City Attorney recommending settlement of the
claim of Sarah Hume for vehicle damage and
directing the Finance Department to issue
payment, presented and read. Connors moved
that the communication be received and filed
and concurred and directed Finance Department
to issue payment. Seconded by Braig. Motion
carried 6-0.
Request to Vacate and Purchase:
Communication from Brendan T. Quann,
representing Dr. and Mrs. R. Scott Cairns,
requesting to purchase two City-owned lots
adjacent to their property at 850 Mt. Carmel
Road, presented and read. Connors moved
that the communication be received and filed
and referred to the City Manager. Seconded by
Braig. Motion carried 6-0.
Citizen Communication: Communication from
Deanne Brennan, 658 Chestnut Street,
regarding mini-bus transportation issues,
presented and read. Connors moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Braig. Motion carried 6-0.
Downtown Master Plan - Request for
Proposals: City Manager recommending
approvai of the issuance of a Request for
Proposals relating to implementation of the
Downtown Master Plan, presented and read.
Connors moved that the communication be
received and filed and approved
recommendation. Seconded by Braig. Motion
carried 6-0.
Legislative Correspondence: Communication
to Congressman Jim Nussle requesting his
opposition to the Communications Opportunity,
Promotion, and Enhancement Act (COPE) of
2006, presented and read. Connors moved that
the communication be received and filed.
Seconded by Braig. Motion carried 6-0.
Dubuque Professional Firefighters' Association
Collective Bargaining Agreement: City
Manager recommending approval of the
collective bargaining agreement between the
City and the Dubuque Professional Firefighters'
Association, presented and read. Connors
moved that the communication be received and
filed. Seconded by Braig. Motion carried 6-0.
RESOLUTION NO. 208-06
ACCEPTING THE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA, AND THE
DUBUQUE PROFESSIONAL FIREFIGHTERS
ASSOCIATION, LOCAL #353 AND
206
Regular Session, June 5, 2006
AUTHORIZING THE MAYOR TO SIGN THE
AGREEMENT
Whereas, the Sixty-Fifth General Assembly
adopted the Public Employment Relations Act,
Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is a public
employer within the meaning of Section 3 (1) of
the Public Employment Relations Act; and
Whereas, the Dubuque Professional
Firefighter's Association, Local #353, is an
employee organization within the meaning of
Section 3 (4) of the Public Employment
Relations Act; and
Whereas, the Dubuque Professional
Firefighter's Association, Local #353, submitted
a request to bargain collectively on behalf of the
employees within its representation; and
Whereas, bargaining between the parties has
occurred and an agreement has been reached.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. That the terms of the agreement be
accepted and the Mayor authorized and directed
to sign the collective bargaining agreement.
Passed, approved and adopted this 5th day
of June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Braig. Motion carried 6-0.
Amendment to Collective Bargaining
Agreement: City Manager recommending
approvai of an amendment to the collective
bargaining agreement between the City and
Teamsters Local Union No. 421 to provide for a
work week that consists of ten hours per day
and four days per week for the Airport Mechanic,
presented and read. Connors moved that the
communication be received and filed and
approved recommendation. Seconded by Braig.
Motion carried 6-0.
GFOA Certificate of Achievement: City
Manager advising that the City has received the
Government Finance Officers Association
Certificate of Achievement for Excellence in
Financial Reporting for the Comprehensive
Annual Financial Report for the eighteenth
consecutive year, presented and read. Cline
moved that the communication be received and
filed and commended Staff. Seconded by
Lynch. Motion carried 6-0.
Sanitary Sewer Master Plan: City Manager
recommending approval of the selection of MSA
Professional Services, inc. to provide
engineering services for the Sanitary Sewer
Master Plan, presented and read. Connors
moved that the communication be received and
filed and approved recommendation. Seconded
by Braig. Motion carried 6-0.
Acceptance of Quit Claim Deed: City Manager
recommending approval of the acceptance of a
Quit Claim Deed associated with the Railroad
Real Estate Property Acquisition Agreement with
the Chicago, Central and Pacific Railroad for the
purpose of compieting public improvements for
the Bell Street Extension, presented and read.
Connors moved that the communication be
received and filed. Seconded by Braig. Motion
carried 6-0.
RESOLUTION NO. 209-06
A RESOLUTION ACCEPTING A CONVEY-
ANCE OF PROPERTY (LOT 1 OF
RIVERWALK SEVENTH ADDITION IN THE
CITY OF DUBUQUE)
Whereas, the City of Dubuque entered into an
Agreement with the Chicago, Central & Pacific
Railroad Company pursuant to which the
Chicago, Central & Pacific Railroad agreed to
convey Lot 1 of Riverwalk Seventh Addition in
the City of Dubuque, Dubuque County, Iowa, as
shown on the Plat of Survey thereof; and
Whereas, the Chicago Central & Pacific
Raiiroad Company has executed a conveyance
of said property.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Quit Claim from the
Chicago, Central & Pacific Railroad Company,
copies of which are attached hereto, as required
by Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in
connection herewith.
Passed, approved and adopted this 5th day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution
subject to review and approval of the City
Attorney. Seconded by Braig. Motion carried
6-0.
AY. McDonald Park - Phase II Construction:
City Manager recommending approval of the
Professional Services Agreement with nw
Engineers to supervise construction and do the
required reporting to the Iowa Department of
Transportation for the A.Y. McDonald Park -
Phase II Project, presented and read. Connors
moved that the communication be received and
filed and approved recommendation. Seconded
by Bra/g. Motion carried 6-0.
Regular Session, June 5, 2006
207
Five Flags Agreement with Dubuque Hockey,
Inc.: City Manager recommending approval of
the license agreement with Dubuque Hockey,
Inc. (Dubuque Thunderbirds) for the 2006 -
2007 hockey season, presented and read.
Connors moved that the communication be
received and fiied and approved
recommendation. Seconded by Braig. Motion
carried 6-0.
Non-Appropriation Language: City Manager
advising that City staff is not negotiating non-
appropriation language into development
agreements at this time, presented and read.
Connors moved that the communication be
received and filed. Seconded by Braig. Motion
carried 6-0.
Preserve America Grant: City Manager
recommending approval of the submittal of a
Preserve America Grant application for the
Dubuque History Tra~, presented and react
Connors moved that the communication be
received and filed. Seconded by Braig. Motion
carried 6-0.
RESOLUTION NO. 210-06
RESOLUTION PROVIDING FOR AN APPLI-
CATION TO THE NATIONAL PARK SERVICE
FOR PRESERVE AMERICA FUNDS FOR
DUBUQUE HISTORY TRAIL.
Whereas, the White House Preserve America
Initiative was funded by Congress by the
Department of the Interior Appropriations Act,
PL 109-54 in order to support Preserve America
designated communities that have demonstrated
a commitment to recognizing, designating, and
protecting local cultural resources; and
Whereas, the National Park Service (NPS)
administers Historic Preservation Funds for the
Preserve America program in order to assist
local economies find self-sustaining ways to
promote their cultural resources through
heritage tourism while encouraging peopie to
experience and appreciate local historic
resources through education and heritage
tourism programs; and
Whereas, the City of Dubuque and other
partners will provide the required iocal match for
this application to the National Park Service
Preserve America program; and
Whereas, the City of Dubuque is a designated
Preserve America Community and is eligible to
submit an application for funding and desires to
implement a Heritage Tourism Plan; and
Whereas, the City of Dubuque is willing to
accept Preserve America funding if awarded and
is committed to the Dubuque History Trail
project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Planner hereby is
authorized to sign the City of Dubuque's
application for the Dubuque History Trail to the
National Park Service Preserve America Funds.
Section 2. That the City Council authorizes the
City Manager to utilize budgeted Capital
Improvement Program funds to provide the
match required by this program.
Section 3. That the City of Dubuque agrees to
abide by all local, state and federal requirements
applicable to the proposed budget.
Passed, approved and adopted this 5th day of
June, 2006.
Ann E. Michaiski, Mayor Pro- Tem
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Braig. Motion carried 6-0.
National Register Nomination - Security
Building, 800 Main Street: Historic Preservation
Commission recommending the nomination of
the Security Building, 800 Main Street, to the
National Register of Historic Places, presented
and read. Connors moved that the
communication be received and filed and
concurred. Seconded by Braig. Motion carried
6-0.
Request for Demolition Permit: Historic
Preservation Commission recommending
approval of the request of Immanuel
Congregational United Church of Christ to
demolish a residence at 1737 Jackson Street.
presented and read. Connors moved that the
communication be received and filed and
approved recommendation. Seconded by Braig.
Motion carried 6-0.
City of Peosta Land Use Plan: Long Range
Planning Advisory Commission submitting the
City of Peosta's 2005 Land Use Plan and the
latest draft 2030 Future Land Use Map for the
City of Dubuque, presented and read. Connors
moved that the communication be received and
filed. Seconded by Braig. Motion carried 6-0.
National Institute of Health Resuscitation
Outcomes Consortium: City Manager recom-
mending approval to file for a Federalwide
Assurance number necessary for the City's
participation in a research project of the National
Institutes of Health Resuscitation Outcomes
Consortium, presented and read. Jones moved
that the communication be received and filed
and approved recommendation. Seconded by
Connors. Motion carried 6-0.
TV Cable Community Teleprogramming
Commission: Communication from Maria
Araeipour advising that she will not be applying
for reappointment to the TV Cable Community
Teleprogramming Commission, presented and
208
Regular Session, June 5, 2006
read. Connors moved that the communication
be received and filed. Seconded by Braig.
Motion carried 6-0.
Residential Parking Permit District Petition:
Communication from the residents of Vizaleea
and Keymont Drive requesting a Residential
Parking Permit District in that area, presented
and read. Connors moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Braig. Motion carried 6-0.
Dubuque Industrial Center West: City Manager
recommending approval of an Amended and
Restated Declaration of Covenants for the
Dubuque Industrial Center West, presented and
read. Cline moved that the communication be
received and filed and approved and directed
that the Covenants be brought back for review.
Seconded by Lynch. Motion canried 6-0.
Junk and Salvage Yards: Response to an
inquiry from Ed Tschiggfrie conceming whether
a junk and salvage yard operation would be
permitted in the Julien Dubuque Drive Planned
Unit Development District, presented and read.
Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 6-0.
Worker's Compensation Claim: City Manager
recommending approval of the settlement of the
worker's compensation claim of Brian Kohn,
presented and read. Connors moved that the
communication be received and filed and
approved recommendation. Seconded by Braig.
Motion carried 6-0.
Surface Transportation Board Filing: City
Manager submitting a response to the petition of
the Iowa, Chicago and Eastem Railroad
Corporation (IC & E) and the Dakota, Minnesota
and Eastern Railroad Corporation (OM & E),
presented and read. Connors moved that the
communication be received and filed. Seconded
by Braig. Motion carried 6-0.
Dubuque Township Trustees: Communication
to the Dubuque Township Trustees regarding
the annexation requests of Wendell CoreylMotor
City LLC, John and Sally Jo Herrig, and Dean
and Patricia Butler, presented and read.
Connors moved that the communication be
received and filed. Seconded by Braig. Motion
carried 6-0.
Five Flags Budget Proposal: City Manager
recommending approval of the Fiscal Year 2007
Five Flags Center proposed operating budget
submitted by SMG, presented and read.
Connors moved that the communication be
received and
recommendation.
carried 6-0.
filed and approved
Seconded by Braig. Motion
Request for Proposals - Port of Dubuque
Park, Outdoor Plaza and Parking Lot
Enhancements: City Manager recommending
approval of the issuance of a Request for
Proposals for architectural and engineering
services for the Port of Dubuque Park, Outdoor
Plaza, and Parking Lot Enhancements
associated with the McGraw-Hili Project,
presented and read. Connors moved that the
communication be received and filed and
approved recommendation. Seconded by Braig.
Motion carried 6-0.
Comprehensive Plan Update: Long Range
Planning Advisory Commission submitting the
May 2006 Report on the Comprehensive Plan
Update process, presented and read. Connors
moved that the communication be received and
filed. Seconded by Braig. Motion carried 6-0.
Improvement Contracts I Performance,
Payment and Maintenance Bonds: Bonson
Road Reconstruction Project, presented and
read. Connors moved that the communication
be received and filed. Seconded by Braig.
Motion carried 6-0.
Business Licenses:
RESOLUTION NO. 211-06
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 fdund 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)
Rotary Club of Dubuque Rotary Club
Bell St
Dubuque Jaycees Dubuque Jaycees
Main St Town Clock
CLASS "B" BEER
Prospect Pizza L TO Pizza Hut # 1 +
(Sunday Sale) 2075 JFK
Prospect Pizza L TO Pizza Hut # 2+
(Sunday Sale) 320 E. 20th St
CLASS "C' BEER PERMIT
Rainbo Oil Company Kwik Stop +
(Sunday Sale) 1401 Central Av
LB Metcalf, Inc Cedar Cross Amoco+
Regular Session, June 5, 2006
209
(Sunday Sale) 1200 Cedar Cross
Rainbo Oil Company Keywest Conoco+
(Sunday Sale) 2150 Twin Valley
Hartig Drug Co. Hartig Drug+
(Sunday Sale) 157 Locust St
Beecher Beverage Beecher Beverage+
(Sunday Sale) 1691 Asbury Rd
Passed, approved and adopted this 5th day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Braig. Motion carried 6-0.
RESOLUTION NO. 212-06
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 an 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
Pamela Murphy Murphs South End
55 Locust St
James Ferring Dubuque Bowling Lanes+
(Sunday Sale) 1029 Y, Main
Creslanes Bowling Inc Creslanes Bowling+
(Sunday Sale) 255 S. Main
Apple Corps LP Applebee's Neighborhood
Grill & Bar+(Sunday Sale) 1395 Associates
Patricia Broessel Corner Tap+
(Sunday Sale) 2093 Washington
Clarke College Clarke College
(1 Day Outdoor Sale) 1550 Clarke Dr
SPECIAL CLASS "C" L1QUOR(5 DAY EVENT)
Dubuque Jaycees Dubuque Jaycees+
(Sunday/Outdoor Sale) 3rd & Bell St
SPECIAL CLASS "C" L1QUOR( 14 DAY EVENT)
Rotary Club of Dubuque Rotary Club+
(Sunday Sale) 135 W. 8th St
CLASS "B" WINE PERMIT
Creative Touch Gallery, Inc. Ooh La La
3460 Hillcrest
Hartig Drug Co. Inc Hartig Drug # 2
157 Locust St
Beecher Co. Inc Beecher Beverage
1691 Asbury Rd
CLASS "B" NATIVE WINE PERMIT
Dubuque American Lady LLC Dubuque
American Lady 1630 E. 16th St
Passed, approved and adopted this 5th day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Braig. Motion carried 6-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Theisen Supply, Inc. Development
Agreement: City Manager recommending that a
public hearing be set for June 19, 2006 to
consider approval of a Development Agreement
with Theisen Supply, Inc., including a disposition
of 16.69 acres in the Dubuque Industrial Park
West to Chavenelle Warehouse Development,
LLC for construction of a 110,000 square foot
warehouse/office complex for Theisen's Supply,
Inc., presented and read. Cline moved that the
communication be received and filed. Seconded
by Lynch. Motion carried 6-0.
RESOLUTION NO. 213-06
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE
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 DEVELOMENT
AGREEMENT RELATING THERETO WITH
CHAVENELLE WAREHOUSE DEVELOP-
MENT, LLC AND THEISEN'S SUPPLY, INC.
AND PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) is
the owner of the following real property (the
Property);
Lot 1 of Lot 2 of Dubuque Industrial Center
West 5'h Addition in the City of Dubuque, Iowa
And
Whereas, City, Chavenelle Warehouse
Development, LLC and Theisen Supply, Inc.
have entered into a Development Agreement,
subject to the approval of the City Council, a
copy of which is now on file at the Office of the
City Clerk, City Hall, 13'h and Central Avenue,
Dubuque, Iowa, pursuant to which City will
convey the Property to Chavenelle Warehouse
Development, LLC; and
Whereas, the City Council has tentatively
determined that it would be in the best interests
of the City to approve the Development
Agreement, including the conveyance of the
Property to Chavenelle Warehouse
Development, LLC; and
Whereas, it is deemed necessary and
advisable that City should authorize Urban
Renewal Tax Increment Revenue obligations, as
authorized by Chapter 403 of the Code of Iowa,
and to enter into the Development Agreement
relating thereto for the purpose of carrying out
210
Regular Session, June 5, 2006
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 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. The City of Dubuque intends to
dispose of its interest in the foregoing-described
Properly by Deed to Chavenelle Warehouse
Development, LLC.
Section 2. The City Clerk is hereby authorized
and directed to cause this Resolution and a
notice to be published as prescribed by Iowa
Code Section 364.7 of a public hearing on the
City's intent to dispose of the foregoing-
described Properly, to be held on the 1 g'h day of
June, 2006, at 6:30 o'clock p.m. in the
Auditorium of the Carnegie-Stout Public Library
in Dubuque, Iowa, 11'h and Locust, Dubuque,
Iowa.
Section 3. The City Council will also meet at
said time and place for the purpose of taking
action on the matter of the authorization of
Urban Renewal Tax Increment Revenue
obligations and the execution of the
Development Agreement relating thereto with
Chavenelle Warehouse Development, LLC and
Theisen Supply, Inc., the proceeds of which
obligations will be used to carry out certain of
the special financing activities described in the
Urban Renewal Plan for the Dubuque Industrial
Center Economic Development District,
consisting of the funding of economic
developments grants to Chavenelle Warehouse
Development, LLC and Theisen Supply, Inc.
pur1 suant to the Development Agreement under
the terms and conditions of said Urban Renewal
Plan. It is expected that the aggregate amount
of the Tax increment Revenue obligations not to
exceed $731,000, including interest costs and
administrative fees.
Section 4. 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 I 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 5. That the notice of the proposed
action to issue said obligations shall be in
substantially the form attached hereto.
Passed, approved and adopted this 5'h day
of June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set public hearing for 6/19/06 at a meeting to
commence at 6:30 P.M. in the public iibrary
auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Lynch. Motion carried 6-0.
Kunkel Bounds and Associates - Deveiopment
Agreement: City Manager recommending that a
public hearing be set for June 19, 2006 to
consider approval of a Development Agreement
with Kunkel Bounds and Associates, including a
7.69 acre land sale in the Dubuque Technology
Park for construction of a 9,800 square foot
office building, presented and read. Cline moved
that the communication be received and filed.
Seconded by Lynch. Motion carried 6-0.
RESOLUTION NO. 214-06
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE
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
KUNKEL BOUNDS & ASSOCIATES, INC.,
AND PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) is
the owner of the following reai properly (the
Property);
Lot 6 Block 2 Dubuque Technology Park in the
City of Dubuque, Iowa, according to the
recorded plat thereof
And
Whereas, City and Kunkel Bounds &
Associates, Inc. have entered into a
Development Agreement, subject to the
approval of the City Council, a copy of which is
now on file at the Office of the City Clerk, City
Hall, 13'h and Central Avenue, Dubuque, Iowa,
pursuant to which City will convey the Property
to Kunkel Bounds & Associates, Inc.; and
Whereas, the City Council has tentatively
determined that it would be in the best interests
of the City to approve the Development
Agreement, including the conveyance of the
Property to Kunkel Bounds & Associates, Inc.;
and
Whereas, it is deemed necessary and
advisable that City should authorize Urban
Renewal Tax Increment Revenue obligations, as
provided by Chapter 403 of the Code of Iowa,
and to enter into the Deveiopment Agreement
Regular Session, June 5, 2006
211
relating thereto for the purpose of carrying out
an Urban Renewal Plan as hereinafter
described; and
Whereas, before said obiigations may be
approved, Chapter 403 of the Code of Iowa
requires that the City Cieri< 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 COUNCILOF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to
dispose of its interest in the foregoing-described
Property by Deed to Kunkel Bounds &
Associates, Inc.
Section 2. The City Clerk is hereby authorized
and directed to cause this Resolution and a
notice to be published as presaibed by Iowa
Code Section 364.7 of a public hearing on the
City's intent to dispose of the foregoing-
described Property, to be held on the 19'h day of
June, 2006, at 6:30 o'clock p.m. in the
Auditorium of the Carne,Rie Stout Public Library
in Dubuque, Iowa, 11 & Locust, Dubuque,
Iowa.
Section 3. The City Council will also meet at
said time and place for the purpose of takin9
action on the matter of authorizing Urban
Renewal Tax Increment Revenue obligations
and the execution of the Development
Agreement relating thereto with Kunkel Bounds
& Associates, Inc., the proceeds of which
obligations will be used to carry out certain of
the special financing activities described in the
Urban Renewal Plan for the Dubuque Industrial
Center South Economic Development District,
consisting of the funding of economic
developments grants to Kunkel Bounds &
Associates, Inc. pursuant to the Development
Agreement 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 $300,000 more or
less.
Section 4. 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 5. That the notice of the proposed
action to issue said obligations shall be in
substantially the form attached hereto.
Passed, approved and adopted this 5th day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set public hearing 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 6-0.
Dubuque Star Brewery Project - Development
Agreement: City Manager recommending that a
public hearing be set for July 17, 2006 to
consider approval of a Development Agreement
and lease of the former Dubuque Star Brewery
building and site to Port of Dubuque Brewery
Development, LLC, presented and read. Cline
moved that the communication be received and
filed. Seconded by Lynch. Motion carried 6-0.
OFFICIAL NOTICE
RESOLUTION NO. 215-06
RESOLUTON (1) APPROVING THE MINIMUM
REQUIREMENTS, COMPETITIVE CRITERIA,
AND OFFERING PROCEDURES FOR THE
DEVELOMENT AND THE LEASE OF
CERTAIN REAL PROPERTY AND IMPROVE.
MENTS IN THE GREATER DOWNTOWN
URBAN RENEWAL DISTRICT; (2)
DETERMINING THAT THE DEVELOp.MENT
AGREEMENT AND LEASE SUBMITTED BY
PORT OF DUBUQUE BREWERY
DEVELOMENT, LLC SATISFIES THE
OFFERING REQUIREMENTS WITH RESPECT
TO THE REAL PROPERTY AND IMPROVE.
MENTS AND DECLARING THE INTENT OF
THE CITY COUNCIL TO APPROVE THE
DEVELOPMENT AGREEMENT AND THE
LEASE WITH PORT OF DUBUQUE
BREWERY DEVELOPMENT, LLC IN THE
EVENT THAT NO COMPETING PROPOSALS
ARE SUBMITTED; AND (3) SOLICITING
COMPETING PROPOSALS.
Whereas, the City Council of Dubuque, Iowa,
did on April 19, 2004 adopt an Amended and
Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District ("the Plan")
for the Urban Renewal Area described therein;
and
Whereas, the Plan provides, among other
things, for the disposition of properties for
private development purposes as a proposed
economic development action; and
Whereas, Port of Dubuque Brewery
Development, LLC ("Developer") has submitted
to the City a Development Agreement with a
proposal for the leasing of certain real property
and improvements hereinafter described for the
operation and management of the former
Dubuque Star Brewery constructed as described
there ("the Development Agreement and
Lease"), together with the request that this
212
Regular Session, June 5, 2006
property be made available for lease as rapidly
as possible; and
Whereas, in order to establish reasonably
competitive bidding procedures for the
disposition of the property in accordance with
the statutory requirements of Iowa Code
Chapter 403, specifically, Section 403.8, and to
assure that the City extends a full and fair
opportunity to all developers interested In
submitting a proposal, a summary of submission
requirements and minimum requirements and
competitive criteria for the property offering is
included herein; and
Whereas, said Developer has tendered the
Development Agreement and the Lease with the
City, attached hereto as "Exhibit "A"; and
Whereas, to recognize both the firm proposal
for lease of the real property and improvements
already received by the City, as described
above, and to give full and fair opportunity to
other developers interested in submitting a
proposal for the use of the property, this Council
should be this Resolution:
1) Set the fair market value of the real property
for uses in accordance with the Plan;
2) Approve the minimum requirements and
competitive criteria included herein;
3) Approve as to form the Development
Agreement and the Lease attached hereto as
Exhibit "A;"
4) Set a date for receipt of competing
proposais and the opening thereof;
5) Deciare that the proposal submitted by
Development satisfies the minimum
requirements of the offering, and that in the
event no other qualified proposal is timely
submitted, that the City Council intends to
approve such proposal and authorize the City
Manager to sign the Development Agreement
and the Lease; and direct publication of notice of
said intent;
6) Approve and direct publication of a notice to
advise any other person of the opportunity to
compete for lease of the real property and
improvements on the terms and conditions set
forth herein; and
7) Declare that in the event another qualified
proposal is timely submitted and accepted,
another and future notice will be published on
the intent of the City to enter into the resulting
contract. as required by law; and
Whereas, the City Council believes it Is in the
best interest of the City and the Plan to act as
expeditiously as possible to lease the real
property and Improvements as set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real property and
improvements described as Exhibit "B" attached
hereto located in the Port of Dubuque and
delineated generally by Pine Drive on the south,
Bell Street on the west, the Alliant outdoor
amphitheater on the east and the Shot Tower
Drive on the north ("The Brewery Property")
shall be offered for lease in accordance with the
terms and conditions contained in this
Resolution.
Section 2. That it is hereby determined that in
order to qualify for consideration for selection,
any person must submit a proposal which meets
these minimum requirements:
a) Contains an agreement to lease the
Brewery Property at not less than fair market
value established herein;
b) Contains a commitment to lease the
Brewery Property for uses allowed in the Port of
Dubuque;
c) Sets out or provides to the satisfaction of
the City Council the experience of the principals
and key staff who are directly engaged in
performance of contract obligations in carrying
out projects of similar scale and character, and
d) Meets, at a minimum, the terms and
conditions of the Development Agreement and
the Lease submitted by the Developer including
an agreement to rehabilitate the Brewery
Property into a mixed.use
commercial/entertainment complex at a total
project cost of not less than $6,500,000 and
develop, construct and pay for a parking lot
adjacent to the Dubuque Star Brewery building.
Section 3. That the Development Agreement
and the Lease by and between the City and the
Developer be and is hereby approved as to form
for the purposes hereinafter stated.
Section 4. That for the purpose of defining the
offering of the Brewery Property for lease, said
Development Agreement and Lease shall be
deemed to be illustrative of the terms acceptable
to the City with respect to:
a) Annual Lease payments;
b) Construction of leasehold improvements;
c) City participation
d) Developer obligations; and
e) General terms and conditions
Section 5. That the Development Agreement
and the Lease submitted by the Developer
satisfies the requirements of the offering and, in
the event that no other qualified proposals are
timely submitted that the City Council intends to
accept and approve the Lease.
Section 6. That it is hereby determined that the
Developer possesses the qualifications, financial
resources and legal ability necessary to lease
the Brewery Property and to manage and
operate the Brewery Property in the manner
proposed by this offering in accordance with the
Plan.
Section 7. That the annual lease payments for
the Brewery Property offered by the Developer
are hereby found and determined to be the fair
market value of the leasehold interest being
conveyed.
Regular Session, June 5, 2006
213
Section 8. That the City Clerk shall receive
and retain for public examination the attached
Development Agreement and Lease submitted
by the Developer and, in the event no other
qualified proposals are timely submitted, shall
resubmit the Development Agreement and the
Lease to the City Council for final approval and
execution upon expiration of the notice
hereinafter prescribed.
Section 9. That the action of the City Council
be considered to be and does hereby constitute
notice to all concerned of the intention of this
Council, in the even that no other qualified
proposals are timely submitted, to accept the
proposal of the Developer to lease the Brewery
Property and to approve the Development
Agreement and the Lease by and between City
and Developer.
Section 10. That the official notice of this
offering and of the intent of the City, in the event
no other qualified proposals are timely
submitted, to approve the Development
Agreement and the Lease, shall be a true copy
of this Resolution, but without the attachments
referred to herein.
Section 11. That the City Clerk Is authorized
and directed to secure immediate publication f
said official notice in the Teiegraph Herald, a
newspaper having a general circulation in the
community, by publication of the test of this
Resolution without attachments on or before the
7'h day of June, 2006.
Section 12. That written proposals for the
lease of the Brewery Property will be received
by the City Clerk on or before 10:00 a.m., July
10, 2006 in the Office of the City Clerk, located
on the first floor at City Hall, Dubuque, Iowa
52001. Each proposal will be opened at the
hour of 10:00 a.m. in City Hall, Dubuque, Iowa
on July 10, 2006. Said proposals will then be
presented to the City Council at 6:30 p.m. July
17, 2006, at a meeting to be held in the
Auditorium of the Camegie-Stout Public Library,
Dubuque, Iowa.
Section 13. That such offering shall be in
substantial conformance with the provisions of
Iowa Code Section 403.8, requiring reasonable
competitive bidding procedures as are hereby
prescribed, which method is hereby determined
to be the appropriate method for making the
Brewery Property available for lease.
Section 14. That the required documents for
the submission of a proposal shall be in
substantial confonnity with the provisions of this
Resolution.
Section 15. That the City Clerk is hereby
nominated and appointed as the agent of the
City of Dubuque, Iowa to receive proposals for
the iease of the Brewery Property at the date
and according to the procedure hereinabove
specified for receipt of such proposals and to
proceed at such time to formally acknowledge
receipt of each of such proposals by noting the
receipt of same in the Minutes of the Council;
that the City Manager is hereby authorized and
directed to make preliminary analysis of each
such proposal for compliance with the minimum
requirements established by this Council
hereinabove. For each proposal that satisfies
these requirements, the City Council shall judge
the strength of the proposal by the competitive
criteria established hereinabove. The City
Council shall then make the final evaluation and
selection of the proposals.
Section 16. That in the event another qualified
proposal is timely submitted and accepted by
the City, another and further notice shall be
published of the intent of the City of Dubuque,
Iowa, to enter into the resulting agreement, as
required by law.
Passed, approved and adopted this 5th day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set this for public hearing on 7/17/06 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 6-0.
Dubuque Screw Products, Inc. - Development
Agreement: City Manager recommending that a
public hearing be set for June 19, 2006 to
consider approval of a Development Agreement
with Dubuque Screw Products, Inc., including a
3.573 acre land sale in Dubuque Industrial
Center West for construction of a 30,000 square
foot industrial facility, presented and read. Cline
moved that the communication be received and
filed. Seconded by Lynch. Motion carried 6-0.
RESOLUTION NO. 216-06
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE
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
DUBUQUE SCREW PRODUCTS, INC., AND
PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) is
the owner of the following real property (the
prope~); Lot 1-5 of Dubuque Industrial Center
West 5' Addition in the City of Dubuque, Iowa
And
Whereas, City and Dubuque Screw Products,
Inc. have entered into a Development
Agreement, subject to the approval of the City
214
Regular Session, June 5, 2006
Council, a copy of which is now on file at the
Office of the City Clerk, City Hall, 13th and
Central Avenue, Dubuque, Iowa, pursuant to
which City will convey the Property to Dubuque
Screw Products, Inc. as shown on Exhibit A
attached hereto; and
Whereas, the City Council has tentatively
determined that it would be n the best interests
of the City to approve the Development
Agreement, including the conveyance of the
Property to Dubuque Screw Products, Inc.; and
Whereas, it is deemed necessary and
advisable that City should authorize Urban
Renewal Tax Increment Revenue obligations, as
provided by Chapter 403 of the Code of Iowa,
and to enter into the Development Agreement
relating thereto 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. The City of Dubuque Intends to
dispose of its interest in the foregoing described
Property by Deed to Dubuque Screw Products,
Inc.
Section 2. The City Clerk is hereby authorized
and directed to cause this Resolution and a
notice to be published as prescribed by Iowa
Code Section 364.7 of a public hearing on the
City's intent to dispose of the foregoing-
described Property, to be held on the 1 g'h day of
June, 2006, at 6:30 o'clock p.m. in the
Auditorium of the Carnegie-Stout Public Library
in Dubuque, Iowa, 11'h and Locust, Dubuque,
Iowa.
Section 3. The City Council will also meet at
said time and place for the purpose of taking
action on the matter of authorizing Urban
Renewal Tax Increment Revenue obligations
and the execution of the Development
Agreement relating thereto with Dubuque Screw
Products, Inc., the proceeds of which obligations
will be used to carry out certain of the special
financing activities described in the Urban
Renewal Plan for the Dubuque Industrial Center
Economic Development District, consisting of
the funding of economic development grants to
Dubuque Screw Products, Inc. pursuant to the
Development Agreement under the terms and
conditions of said Urban Renewal Plan. It is
expected that the aggregate amount of the Tax
Increment Revenue obligations not to exceed
$300,000.
Section 4. 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 5. That the notice of the proposed
action to issue said obligations shall be in
substantially the form attached hereto.
Passed, approved and adopted this 5'h day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set this for public hearing on 6/19/06 at a
meeting to commence at 6:30 P.M. in the public
library aud~orium and direct the City Clerk to
publish notice in the manner prescribed by law.
Seconded by Lynch. Motion carried 6-0.
McGraw Hill Companies, Inc. - Development
Agreement: City Manager recommending that a
public hearing be set for June 19, 2006 to
consider approval of a Development Agreement
with McGraw Hill Companies, Inc., including the
disposition of approximately 1.99 acres for
constructing a 135,000 square foot office
complex in the Port of Dubuque, presented and
read. Cline moved that the communication be
received and filed. Seconded by Lynch. Motion
carried 6-0.
RESOLUTION NO. 217-06
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE
AND
FIXING THE DATE FOR A PUBLIC HEARING
OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA ON THE PROPOSED
AUTHORIZATION OF URBAN RENEWAL TAX
INCREMENT REVENUE OBLIGATIONS AND
THE EXECUTION OF A DEVELOPMENT
AGREEMENT RELATING THERETO WITH
MCGRAW HILL COMPANIES, INC., AND
PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) is
the owner of the following real property (the
Property); Lot 1 of Riverwalk 6'h Addition in the
City of Dubuque, Iowa
And
Whereas, City, McGraw Hill Companies, Inc.
have entered into a Development Agreement,
subject to the approval of the City Council, a
copy of which is now on file at the Office of the
City Clerk, City Hall, 13th and Central Avenue,
Dubuque, Iowa, pursuant to which City will
Regular Session, June 5, 2006
215
convey a part of the Property to McGraw Hill
Companies, Inc. as shown on Exhibit A attached
hereto; and
Whereas, the City Council has tentatively
determined that it would be in the best interests
of the City to approve the Development
Agreement, including the conveyance of the part
of the Property to McGraw Hill Companies, Inc.;
and
Whereas, it is deemed necessary and
advisable that City should authorize Urban
Renewal Tax Increment Revenue obligations, as
authorized by Chapter 403 of the Code of Iowa,
and to enter into the Development Agreement
relating thereto 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 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. The City of Dubuque intends to
dispose of its interest in the foregoing described
Property by Deed to McGraw Hill Companies,
inc.
Section 2. The City Clerk is hereby authorized
and directed to cause this Resolution and a
notice to be published as prescribed by Iowa
Code Section 364.7 of a public hearing on the
City's intent to dispose of the foregoing-
described Property, to be held on the 19'h day of
June, 2006, at 6:30 o'clock p.m. in the
Auditorium of the Carnegie Stout Public Library
in Dubuque, Iowa, 11'h and Locust, Dubuque,
Iowa.
Section 3. The City Council will also meet at
said time and place for the purpose of taking
action on the matter of the authorization of
Urban Renewal Tax Increment Revenue
obligations and the execution of the
Development Agreement reiating thereto with
McGraw Hill Companies, Inc., the proceeds of
which obligations will be used to carry out
certain of the special financing activities
described in the Urban Renewal Plan for the
Greater Downtown Economic Development
District, consisting of the funding of economic
development grants to McGraw Hill Companies,
Inc. pursuant to the Development Agreement
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 $6,300,000 more or less.
Section 4. 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 5. That the notice of the proposed
action to issue said obligations shall be in
substantially the form attached hereto.
Passed, approved and adopted this 5th day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set public hearing 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 6-0.
Petition to Vacate a Portion of Barry Street:
City Manager recommending that a public
hearing be set for June 19, 2006 to consider a
request from David O. Neyens and John J. and
Frances M. McDonough to vacate a portion of
Barry Street from Roosevelt Street northeasterly
to a public alley in the City of Dubuque,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Lynch. Motion carried 6-0.
RESOLUTION NO. 218-06
RESOLUTION APPROVING PLAT OF
SURVEY OF BARRY SUBDIVISION NO.2 IN
THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
dated May 12, 2006, prepared by Buesing and
Associates, describing the proposed vacated
portion of Barry Street from Roosevelt Street
northeasterly to a public alley in Barry
Subdivision No.2, in the City of Dubuque,
Dubuque County, Iowa.
Whereas, said plat conforms to the laws and
statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated May 12, 2006,
prepared by Buesing and Associates, relative to
the real estate hereinabove described be and
the same is hereby approved, and the Mayor
and City Clerk be and they are hereby
authorized and directed to execute said plat for
and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby
authorized and directed to file said plat and a
216
Regular Session, June 5, 2006
certified copy of this resolution in the office of
the Recorder, in and for Dubuque Coun!};, Iowa.
Passed, adopted and approved this 5 h day of
June, 2006.
Ann E. Michalski, Mayor Pro- Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 6-0.
RESOLUTION NO. 219-06
RESOLUTION OF INTENT TO VACATE AND
DISPOSE OF CITY INTEREST IN
NORTHWESTERLY ONE-HALF OF BARRY
STREET AND THE SOUTHEASTERLY ONE-
HALF OF BARRY STREET IN BARRY
SUBDIVISION NO. 2 IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, David O. Neyens and John J. and
Frances M. McDonough have requested the
vacating and disposal of a portion of Barry
Street from Roosevelt Street northeaster1y to a
public alley in Barry Subdivision No.2, in the
Cijy of Dubuque, Dubuque County, Iowa.
Whereas, Buesing and Associates has
prepared and submitted to the City Council a
plat showing the proposed vacated portion of
Barry Street from Roosevelt Street northeasterly
to a public alley, as shown in the Plat of Survey
of Barry Subdivision No.2, in the City of
Dubuque, Iowa; and
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque Intends to
vacate and dispose of its interest in the
northwesterly one-half of Barry Street in Barry
Subdivision NO.2 in the City of Dubuque, Iowa,
to John J. and Frances M. McDonough.
Section 2. That the City of Dubuque intends to
vacate and dispose of its interest in the
southeasterly one-half of Barry Street in Barry
Subdivision NO.2 in the City of Dubuque, Iowa,
to David O. Neyens.
Section 3. That the conveyance of the
northwesterly one-half and southeasterly one-
half of Barry Street in Barry Subdivision NO.2 to
John J. and Frances M. McDonough and David
O. Neyens, respectively be contingent upon the
payment of $300, plus platting, publication and
filing fees ($100) by each party.
Section 4. That the City Clerk be and is hereby
authorized and directed to cause and notice to
intent to vacate and dispose of said real estate
in the manner as prescribed by law.
Passed, adopted and approved this 5th day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution and
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 6-0.
Petition to Vacate a Portion of the Plat of North
Dubuque: City Manager recommending that a
public hearing be set for Juiy 5, 2006 to consider
a request from Arnie Van Etten, representing
James A. and Shirley A. Christensen, to vacate
a portion of the plat of North Dubuque,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Lynch. Motion carried 6-0.
RESOLUTION NO. 220-06
RESOLUTION APPROVING PLAT OF
SURVEY OF LOTS 413-A, 598-A, AND 598-B
OF NORTH DUBUQUE IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
dated April 3, 2006, prepared by Buesing and
Associates, describing the proposed vacated
portion of North Dubuque, described as Lots 177
to 212, Lots 215 to 218, Lots 221 to 224, Lots
227 to 230, Lots 233 to 386. Lots 389 to 412,
Lots 419 to 472, Lots 533 to 598 and abutting
streets and alleys, all inclusive in North
Dubuque, in the NE Y. of Section 12, T89N,
R2E, 5th P.M., in the City of Dubuque, Dubuque
County, Iowa.
Whereas, said plat conforms to the laws and
statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated April 3, 2006,
prepared by Buesing and Associates, relative to
the real estate hereinabove described be and
the same is hereby approved, and the Mayor
and City Clerk be and they are hereby
authorized and directed to execute said plat for
and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby
authorized and directed to file said plat and a
certified copy of this resolution in the office of
the Recorder, in and for Dubuque Coun!};, Iowa.
Passed, adopted and approved this 5 h day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Cierk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 6-0.
RESOLUTION NO. 221-06
RESOLUTION OF INTENT TO VACATE AND
DISPOSE OF CITY INTEREST IN LOTS 413-A,
598-A, AND 598-B OF NORTH DUBUQUE IN
THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, James A. and Shirley A.
Christensen has requested the vacating of a
portion of the plat of North Dubuque comprised
Regular Session, June 5, 2006
217
of Lots 177 to 212, Lots 215 to 218, Lots 221 to
224, Lots 227 to 230, Lots 233 to 386, Lots 389
to 412, Lots 419 to 472, Lots 533 to 598 and
abutting streets and alleys, all inclusive in North
Dubuque, in the NE Y. of Section 12, T89N,
R2E, 5th P.M., in the City of Dubuque, Dubuque
County, Iowa.
Whereas, Buesing and Associates has
prepared and submitted to the City Council a
plat showin9 the proposed portion of North
Dubuque to be vacated and the assigned lot
numbers thereto, which hereinafter shall be
known and described as Lots 413-A, 598-A, and
598-B all in North Dubuque in the City of
Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa, has determined that said streets
and alleys are no longer required for public use,
and vacating and disposal of Lots 413-A, 598-A,
and 598-B all in North Dubuque in the City of
Dubuque, Dubuque County, Iowa, should be
approved.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest in Lot 413-A of North
Dubuque in the City of Dubuque, Iowa, to the
Ernest Madison Revocable Trust.
Section 2. That the City of Dubuque intends to
dispose of its interest in Lots 598-A and 598-B of
North Dubuque in the City of Dubuque, Iowa, to
James A. and Shirley A. Christensen.
Section 3. That the conveyance of Lot 413-A
of North Dubuque to the Ernest Madison
Revocable Trust be contingent upon the
payment of $300.00, plus platting, publication,
and filing fees of $100.
Section 4. That the conveyance of Lots 598-A
and 598-B of North Dubuque to James A. and
Shirley A. Christensen be contingent upon the
payment of $300.00, plus platting, publication,
and filin9 fees of $100.
Section 5. That the City Cierk be and is hereby
authorized and directed to cause and notice to
intent to dispose of said real estate in the
manner as prescribed by law.
Passed, adopted and approved this 5th day of
June, 2006.
Ann E. Michaiski, Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution and
set public hearing for 7/5/06 at a meetin9 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 6-0.
2006 Grandview Avenue Concrete Section
Repair Project: City Manager recommendin9
initiation of the public bidding process for the
2006 Grandview Avenue Concrete Section
Repair Project and that a public hearing be set
for July 5, 2006 to consider adoption of the pians
and specifications, presented and read. Cline
moved that the communication be received and
filed. Seconded by Lynch. Motion carried 6-0.
RESOLUTION NO. 222-06
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 2006
Grandview Avenue Concrete Section Repair
Project in the estimated amount of $57,408.86
are hereby approved and ordered filed in the
office of the City Clerk for public inspection.
Passed, approved and adopted this Sth day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tern
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 6-0.
RESOLUTION NO. 223-06
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has 9iven 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 pubiic inspection
of the 2006 Grandview Avenue Concrete
Section Repair 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 Sth
day of July, 2006, at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or a9ainst
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 5th day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution and
set hearing for 7/S/06 at a meeting to commence
218
Regular Session, June 5, 2006
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 6-0.
RESOLUTION NO. 224-06
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the 2006 Grandview Avenue Concrete
Section Repair 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 construc:lion 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 22"' 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 5th day of July, 2006.
Passed, approved and adopted this 51h day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tern
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 6-0.
Grand River Center - Fountain Sign
Rehabilitation Project: City Manager
recommending initiation of the public bidding
process for the Grand River Center - Fountain
Sign Rehabilitation Project and that a public
hearing be set for July 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 6-0.
RESOLUTION NO. 225-06
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 Grand
River Center-Fountain Sign Rehabilitation
Project in the estimated amount of $45,000, are
hereby approved and ordered filed in the office
of the City Clerk for public inspection.
Passed, approved and adopted this 5th day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 6-0.
RESOLUTION NO. 226-06
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the Crty 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 Grand River Center-Fountain Sign
Rehabilitation Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 5th day of July, 2006, a public
hearing will be held at 6:30 p.m. in the Public
Library Audrtorium 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 5th day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution setting
date of hearing on plans and specifications for
7/5/06 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 6-
O.
RESOLUTION NO, 227-06
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Grand River Center-Fountain Sign
Rehabilitation 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
Regular Session, June 5, 2006
219
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
iess than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 22nd 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 5th day of July, 2006.
Passed, approved and adopted this 5th day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 6-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Boards/Commissions:
Historic Preservation Commission (Three 3-
year At-Large terms through 7/1109 [terms of
Loney-Bichell, Gibbs, OlsonJ and one 3-year
Cathedral District term through 7/1/09 [term of
Coty]) Applicants: At-Large - Mary Loney-
Bichell, Matthew Lundh and Chris Olson;
Cathedral District - Michael Cody Chris
Olson and Michael Coty spoke requesting
consideration for reappointment.
Investment Oversight Commission (Two 3-
year terms through 7/1/09 - terms of Lassance
and Melendez) Applicants: Paul Lassance,
Hiram Melendez
Long Range Planning Advisory Commission
(Two 3-year terms through 7/1/09 - terms of
Neumeister, Stein) Applicants: Dr. Mary Lynn
Neumeister, Richard Stein
Zoning Advisory Commission (Two 3-years
terms through 7/1/09 - terms of Bichell and
Hardie) Applicants: Kenneth Bichell, Stephen
Hardie, Charlie Miller, Matthew Lundh
Appointment to the following Commission:
Civil Service Commission (One 4-year term
through 4/6/10 - Term of Kluesner - Mayor
Appointment) Applicant: Loras Kluesner
Mayor Pro-Tem Michalski reappointed, with
the approval of Council, Loras Kluesner to a
four-year term on the Civil SaNiee Commission
which will expire 4/6/10.
PUBLIC HEARINGS
Connors moved that the rules be suspended to
allow anyone present to address the Council.
Seconded by Braig. Motion carried 6-0.
Fifth Street Reconstruction - Alpine to Delhi
Street Project: Proof of publication on notice of
hearing to consider adoption of the plans and
specifications and Resolution of Necessity for
the Fifth Street Reconstruction - Alpine to Delhi
Street Project and City Manager recommending
approval, presented and read. Cline moved that
the proof and communication be received and
filed. Seconded by Connors. Motion carried 6-0.
RESOLUTION NO. 228-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 10th day of May, 2006, plans,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the 5th Street Reconstruction Project -
Delhi Street to Alpine Street.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 5'h day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 6-0.
RESOLUTION NO. 229-06
RESOLUTION WITH RESPECT TO THE
ADOPTION OF THE RESOLUTION OF
NECESSITY PROPOSED FOR THE 5TH
STREET RECONSTRUCTION PROJECT -
DELHI STREET TO ALPINE STREET
Whereas, the City Council has pro~osed a
Resolution of Necessity for the 5' Street
Reconstruction Project - Delhi Street to Alpine
Street has given notice of the public hearing
thereon as required by law; and
Whereas, the public hearing has been held, all
persons offering objections have been heard
and consideration given to all objections and is
pending before this Council; and
Whereas, this is the time and place set as
provided for the taking of action on the proposed
Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity
described above is hereby:
15- Adopted, without amendment, and all
objections filed or made having been
duly considered are overruled.
Adopted as amended by the Schedule
of Assessments attached hereto as
Exhibit A, and made a part hereof by
220
Regular Session, June 5, 2006
reference. All objections filed or made
having been duly considered are
overruled.
Deferred for later consideration to a
City Council meeting to be held on the
_ day of , 2006, next at
6:30 p.m. in the Public Library
Auditorium, with jurisdiction retained for
further consideration and action at the
adjoumed meeting.
Abandoned.
Passed, adopted and approved this 5th
day of June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 6-0.
NCR Developers, Inc. I Martin McNamer -
Request to Rezone I Improvements to North
Cascade Road: Proof of publication on notice of
hearing to consider a request from NCR
Developers, Inc./Martin McNamer to rezone
property located south of North Cascade Road
from County A 1 Agricultural/R2 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 rezoned to R-2 and City Manager submitting
information on the rezoning request of NCR
Developers, Inc., presented and read. Connors
moved that the proof and communications be
received and filed. Seconded by Braig. Motion
carried 6-0.
Martin McNamer, NCR Developers, Inc.,
spoke in support of the rezoning and requested
that he be granted the R-3 designation as this
would allow more flexibility for the size of
development he was proposing.
George Doremus, 11902 Park View Lane,
stated he was not opposed to the rezoning of
the property but he was opposed to the
increased traffic the development would
generate on North Cascade Road which needs
drastic improvements.
Mona Woodward, 11902 Park View Lane,
requested that the development be restricted to
single family residences and that two exits be
available at all times. She also stressed the
need for reconstruction of North Cascade Road.
John Steger, North Cascade Road, stated he
would not be opposed to the development if
improvements were made to North Cascade
Road.
William Apel, 11665 North Cascade Road,
stated that the road is used as a short cut to
Peosta and needs reconstruction.
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
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.
Connors moved that this be considered the first
reading of the Ordinance and directed that the
zoning be designated as R-2. Seconded by
Braig. Motion carried 6-0.
Gary and Mary Beth Valentine - Request to
Rezone: Proof of publication on notice of
hearing to consider a request from Gary and
Mary Beth Valentine to rezone property located
at the southeast corner of North Cascade Road
and Edval Lane from County A 1 Agricultural I R2
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 cond~ion that
the property be rezoned to R-2 Two-Family
Residential and City Manager submitting
information on the rezoning request of Gary and
Mary Beth Valentine, presented and read.
Connors moved that the proof and
communication be received and filed. Seconded
by Jones. Motion carried 6-0.
Gary Valentine spoke stating a preference for
the R-3 zoning but stated he would agree with
R-2. The rezoning was being requested to be
consistent with the nearby NCR development
and also because the Southwest Arterial, as
proposed, will go through the middle of his
property and the rezoning will give him options
for the future.
George Doremus, 11 902 Park View Lane,
reiterated that they could not forget about the
road and that a solid plan was necessary.
Mona Woodward, 11902 Park View Lane,
commented that the R-2 designation would
leave control of the development in the City
Council's hands.
City Manager Van Mllligen stated that as part
of the annexation agreements the City had
committed to improve North Cascade Road by
2012.
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 R2
Single-Family Residential District to City of
Dubuque Moderate Density Multi-Family
Residential District concurrent with annexation,
presented and read. Connors moved that this be
considered the first reading of the Ordinance.
Seconded by Jones. Motion carried 6-0.
Regular Session, June 5, 2006
221
Thomas and Sheri Henschel - Request to
Rezone: Proof of publication on notice of
hearing to consider a request from Thomas and
Sheri Henschel to rezone property located west
of Miller 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 Zoning
Advisory Commission recommending approval,
presented and read. Connors moved that the
proof and communication be received and filed.
Seconded by Cline. Motion carried 6-0.
Tom Henschel, 995 June Drive, spoke
clarifying that 12 acres of the 39 acre parcei
would be R-2 but the rest would remain AG
Agricultural.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located west of Miller Road
from Dubuque County R2 Single-Family
Residential District and City of Dubuque AG
Agricultural District to City of Dubuque R-2 Two-
Family Residential District, concurrent with
annexation, presented and read. Connors
moved that this be considered the first reading
of the Ordinance. Seconded by Cline. Motion
carried 6-0.
NCR Developers, Inc.lMartin McNamer -
Request for Voluntary Annexation: Proof of
publication on notice of hearing to consider a
request from NCR Developers, Inc.lMartin
McNamer to voluntarily annex 181.59 acres to
the City of Dubuque contingent on approval of
the development annexation agreement and City
Manager recommending approval and a
Resolution Approving application for voluntary
annexation of territory owned by North Cascade
Road Developers, LLC and American Trust and
Savings Bank, as Trustee, presented and read.
After holding the public hearing on the
annexation request and hearing no comments,
Cline moved to receive and file the proof and
communications. Seconded by Lynch. Motion
carried 6-0. Jones moved to table this to the
6/19/06 Council Meeting. Seconded by Braig.
Motion carried 6-0.
Gary and Mary Beth Valentine - Request for
Voluntary Annexation: Proof of publication on
notice of hearing 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 and City Manager
recommending approval and a Resolution
Approving application for voluntary annexation
of territory owned by Gary L. and Mary Beth
Valentine, presented and read. After holding the
public hearing on the annexation request and
hearing no comments. Jones moved to table this
item to the 6/19/06 Council meeting. Seconded
by Connors. Motion carried 7-0.
Thomas and Sheri Henschel - Request for
Voluntary Annexation: Proof of publication on
notice of hearing 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 deveiopment annexation
agreement and City Manager recommending
approval and Resolution Approving application
for voluntary annexation of territory owned by
Tom and Sheri Henschel, individually and as
trustees, presented and read. After holding the
public hearing on the annexation request and
hearing no comments, Connors moved to
receive and file and tale this item to the 6/19/06
Council meeting. Seconded by Braig. Motion
carried 7-0.
Hwy 151 & 61 Development, LLC
Development Agreement: Proof of publication on
notice of hearing 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 and City Manager
recommending approval, presented and read.
Connors moved that the proof and
communication be received and filed. Seconded
by Lynch. Motion carried 7-0.
Wayne Briggs, Hwy 151 & 61 Development
LLC, and Dan McDonald, Greater Dubuque
Development Corporation, spoke in support of
the project.
RESOLUTION NO. 230-06
AUTHORIZING THE EXECUTION OF A
DEVELOPMENT AGREEMENT WITH HWY
151 & 61 DEVELOPMENT, INC.
Whereas, the City Council of the City of
Dubuque, Iowa, after public hearing, duly
adopted an Urban Renewal Plan (the Plan) for
the Kerper Boulevard Urban Renewal District
(the District); and
Whereas, the Plan provides that the City may
undertake special financing activities, including
loans or grants to private developers, to meet
the objectives of the Plan and to encourage the
development of the District; and
Whereas, the City Council has determined, in
accordance with Section 15A.1 of the Iowa
Code, that Hwy 151 & 61 Development, LLC is
qualified to receive such loan or grant
assistance to assist with the relocation and
expansion of its facility in the District; and
Whereas, pursuant to published notice, the
City Council has held a public hearing on the
proposition of obligating Tax Increment Revenue
222
Regular Session, June 5, 2006
to assist Hwy 151 & 61 Development, LLC, and
has considered and overruled any and all
objections thereto; and
Whereas, 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; and
Whereas, a Development Agreement,
attached hereto and by this reference made a
part hereof, sets forth the terms and conditions
of the disbursement of Tax Increment Revenue
proceeds to Hwy 151 & 61 Development, LLC
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the form of Development
Agreement by and between the City of Dubuque
and Hwy 151 & 61 Development, LLC attached
hereto, is hereby approved.
Section 2. That the Mayor and City Clerk are
hereby authorized and directed to execute, on
behalf of the City of Dubuque, Iowa, said
Development Agreement.
Passed, approved and adopted this 5th day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Lynch. Motion carried 6-0.
Connors expressed appreciation for this
development.
University Avenue Cuivert and Sanitary Sewer
Extension Reconstruction Project: Proof of
publication on notice of hearing to consider
adoption of the plans and specifications for the
University Avenue Culvert and Sanitary Sewer
Extension Reconstruction Project and award of
the contract to Tschiggfrie Excavating Co. in the
amount of $363,808.28 and City Manager
recommending approval, presented and read.
Cline moved that the proof and communication
be received and filed. Seconded by Connors.
Motion carried 6-0.
RESOLUTION NO. 231-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 26th day of Aprii, 2006,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the University Avenue
Culvert Extension and Sanitary Sewer
Reconstruction Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 5th day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Cierk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 6-0.
RESOLUTION NO. 232-06
AWARDING CONSTRUCTION CONTRACT
FOR THE UNIVERSITY AVENUE CULVERT
EXTENSION AND SANITARY SEWER
RECONSTRUCTION PROJECT
Whereas, sealed proposals have been
submitted by contractors for the University
Avenue Culvert Extension and Sanitary Sewer
Reconstruction Project (the Project) pursuant to
Resolution No. 178-06 and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa on the 5th day of May, 2006.
Whereas, said sealed proposals were opened
and read on the 23" day of May, 2006, and it
has been determined that the bid of Tschiggfrie
Excavating Co. of Dubuque, Iowa, in the amount
of $363,808.28 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications; and
Whereas, the City is required to obtain a
permit from the Iowa DNR prior to the
commencement of any work on the Project; and
Whereas, Tschiggfrie Excavating Company is
willing to enter into a contract for the Project with
the express condition, that if the necessary Iowa
DNR permit is not issued within one hundred
twenty days from the date of this resolution, that
the contract shall be deemed null and void and
of no further force and effect.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the contract for the above
Improvement be awarded to Tschiggfrie
Excavating Co. on the express condition, and
the contract shall include a provision that so
provides, that if the necessary Iowa DNR permit
is not issued within one hundred twenty days
from the date of this resolution, that this
resolution and the contract shall be deemed null
and void and of no further force and effect.
Section 2. The Manager be and is hereby
directed to execute a contract on behalf of the
City of Dubuque for the compiete performance
of the work.
Section 3. That upon the signing of said
contract and the approval of the contractor's
bond, the City Treasurer is authorized and
Regular Session, June 5, 2006
223
instructed to return the bid deposits of the
unsuccessful bidders.
Passed, approved and adopted this 5th day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 6-0.
RESOLUTION NO. 233-06
APPROVING CONSTRUCTION CONTRACT
WITH TSCHIGGFRIE EXCAVATING
COMPANY FOR THE UNIVERSITY AVENUE
CULVERT EXTENSION AND SANITARY
SEWER RECONSTRUCTION PROJECT
Whereas the City Council by Resolution No.
232-06 awarded the construction contract for the
University Avenue Culvert Extension and
Sanitary Sewer Reconstruction Project to
Tschiggfrie Excavating Company; and
Whereas T schiggfrie Excavating Co. 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 5th day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 6-0.
Connors moved that the rules be reinstated
limiting discussion to the Council. Seconded by
Braig. Motion carried 6-0.
ACTION ITEMS
St. Mark Community Center: Communication
from Sr. Inez Turnmeyer, Saint Mark Community
Center, appealing the denial of the Historic
Preservation Commission to allow wrapping
wood window trim with aluminum and requesting
that the City Council approve their request to
continue wrapping the windows of the Center at
1201 Locust and 391 West 12th Street and City
Manager transmitting information regarding the
appeal filed by St. Mark's Community Center for
the denial by the Historic Preservation
Commission to allow wrapping wood window
trim with aluminum, presented and read. Cline
moved the communications be received and
filed and allow continuing with the wrapping.
Dick Landis, 2390 Clarke Crest Drive, and
Sister Inez Turnmeyer, spoke clarifying the
request. Mike Coty of the Historic Preservation
Commission spoke stating that the Commission
had done its best trying to make concessions in
this case.
Cline moved to receive and file the
communications and reverse the denial of the
Historic Preservation Commission and continue
with the aluminum window wrapping. Seconded
by Braig. Motion failed due to the following vote:
Yeas-Braig, Ciine. Nays-Connors, Jones,
Lynch, Michalski.
Cline moved to receive and file the
communications and refer the matter back to the
Historic Preservation Commission. Seconded
by Connors. Motion carried 6-0.
Eagle Point Bluff Study: City Manager
recommending approval to hire Kleinfeider, Inc.
to help develop bid documents to scale the
loose rocks and remove trees from the brow of
the slope of the Eagle Point Bluff and to hire
them to inspect the work as it is performed,
presented and read. Cline moved that the
communication be received and filed and
approved recommendation. Seconded by Lynch.
Motion carried 6-0.
Gas and Electric Franchise Fee: City Manager
recommending approval of the issuance of a
Request for Proposals to select a consultant to
do an analysis of the City's administrative
expenses with regard to administering a
franchise fee and that the two percent fee
continue to be collected, presented and read.
Connors moved that the communication be
received and filed and approved
recommendation. Seconded by Lynch. Motion
carried 6-0.
Historic Preservation Commission - Ordinance
and Funding Amendments: Historic Preservation
Commission recommending approval of an
amendment to the Historic Preservation
Ordinance to allow Individual Designation of
Historic Properties and to amend the Historic
Preservation Funding Programs to make
individually designated historic properties
eligible for funding, presented and read.
Connors moved that the communication be
received and filed. Seconded by Braig. Motion
carried 6-0.
An Ordinance Amending Chapter 25 (Historic
Preservation) of the City of Dubuque Code of
Ordinances to provide for individual designation
of historic properties, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 38-06
AN ORDINANCE AMENDING CHAPTER 25
(HISTORIC PRESERVATION) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES TO
224
Regular Session, June 5, 2006
PROVIDE FOR INDIVIDUAL DESIGNATION
OF HISTORIC PROPERTIES.
Whereas. the Historic Preservation
Commission has the power and duty to conduct
an ongoing survey to identify historically.
archaeologically and architecturally significant
properties, structures and areas that exemplify
the cultural, social, economic, political,
archeological or architectural history of the
nation, state or city; and
Whereas, the City of Dubuque has established
goals and programs for the conservation,
preservation, and revitalization of historic
resources in the community.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 25 (Historic Preservation)
of the City of Dubuque Code of Ordinances is
hereby amended as follows:
Sec. 25-1. Purpose And intent
The purpose of this chapter is to:
(1) Promote the educational, cultural, economic
and general welfare of the publiC through the
protection, enhancement and perpetuation of
districts, individually designated historic
properties, landmarks, and landmark sites of
prehistoric, historic, architectural, archeological
and cultural significance;
(2) Safeguard the city's prehistoric, historic,
aesthetic, architectural, archeological and
cultural heritage by preserving historic
properties, districts, landmarks, and landmark
sites of historical, architectural and cultural
significance;
(3) Stabilize and improve property values;
(4) Foster civic pride in the legacy of beauty and
achievements of the past;
(5) Protect and enhance the city's attractions to
tourists and visitors and the support and
stimulus to business thereby provided;
(6) Strengthen the economy of the city; and
(7) Promote the use of properties, districts,
landmarks, and landmark sites of prehistoric,
historic, architectural, archeological and cultural
significance as sites for the education, pleasure
and welfare ofthe people ofthe city.
Sec. 25-2. Definitions:
For the purpose of this chapter, the following
words and phrases shall have the meanings
ascribed to them below:
Alteration: Any act or process which changes
the exterior architectural appearance of a
structure, site or area, including, but not limited
to, the erection, construction, reconstruction,
restoration, removal or demolition of any
structure or part thereof, excavation, or the
addition of an improvement.
Archeoiogical Significance: A determination
based on the following criteria:
(1) The site is associated with events that have
made a significant contribution to, and are
identified with, or that outstandingly represent,
the broad cultural patterns of U.S. history and
from which an understanding and appreciation
of those patterns may be gained; or
(2) The site is associated importantly with the
lives of persons nationally significant in U.S.
history; or
(3) The site represents some great idea or ideal
of the American people; or
(4) The site embodies the distinguishing
characteristics of an architectural type or
specimen exceptionally valuable for a study of a
period, style or method of construction, or that
represents a significant, distinctive and
exceptional entity whose components may lack
individual distinction; or
(5) The site is composed of integral parts of the
environment not sufficiently significant by reason
of historical association or artistic merit to
warrant individual recognition, but collectively
compose an entity of exceptionally historical or
artistic significance, or outstandingly
commemorate or illustrate a way of life or
culture; or
(6) The site has yieided or may be likely to yield
information of major scientific importance by
revealing new cultures, or by shedding light
upon periods of occupation over large areas of
the U.S. Such sites are those which have
yielded, or which may reasonably be expected
to yield data affecting theories, concepts and
ideas to a major degree.
Architectural Significance: A determination
based on the following criteria:
(1) The structure(s) is (are) the work of, or
associated with, a nationally or locally noted
architect, architectural firm, engineer, builder or
craftsman; or
(2) The structure(s) is (are) an example of a
particular period of architecture or architectural
style in terms of detail, material, method of
construction or workmanship, with no or
negligible irreversible alterations to the original
structure; or
(3) The structure(s) is (are) one of the few
remaining examples of a particuiar architectural
style; or
(4) The structure(s) is (are) one of a contiguous
group of structures which have a sense of
cohesiveness which is expressed through a
similarity of characteristics, a similarity of a style,
a similarity of period, a similarity of method of
construction or which accent the architectural
significance of the area.
Building: Any structure used or intended for
supporting or sheltering any use or occupancy,
typically for any form of human activity. A
building also may refer to an historically and
functionally related unit, such as a courthouse
and jail or a house and barn. Examples of
buildings include: carriage house, church,
Regular Session, June 5, 2006
225
garage, hotel, house, library, school, shed, store
or theater.
Certificate Of Appropriateness: A document
issued by the historic preservation commission
indicating its approval of plans for an alteration
or activity which will:
(1) Create a material change in appearance, or
the removal or demolition, of a landmark,
landmark site or of a structure within an historic
district; and
(2) Require a regulated penmit.
Certificate Of Economic Nonviability: A
document issued by the historic preservation
commission which acknowledges an exception
as herein defined and which authorizes an
alteration or activity:
(1) Which creates a material change in
appearance, or the removal or demolition, of a
landmark, landmark site or of a structure within
an historic district;
(2) Which requires a regulated pennit. and
(3) For which a certificate of appropriateness
has been or would be denied; however, a
certificate of economic nonviability shall be
issued only upon a showing that the property
owner will be deprived of any reasonable
economic return on the property if not allowed to
proceed with the requested alteration or activity.
Commission: The Dubuque historic preservation
commission, as established by this chapter.
Demolition: Any act or process which destroys in
part or in whole a landmark or a structure.
Design Guideline: A standard of acceptable
activity which will preserve the prehistoric,
historic, architectural, archeological and cultural
character of a building, district, landmark, site or
structure.
Determination Of No Material Effect: A
document issued by the city manager or the city
manager's designee indicating approval for any
normal "repair" or act of maintenance as defined
by this chapter, which:
(1) Is not an "alteration", construction, removal,
"demolition" or "excavation" as defined by this
chapter;
(2) Does not create a material change in the
exterior architectural appearance or exterior
features of a structure or site; and
(3) Nonetheless does require a regulated permit.
District: A definable geographic area that can be
distinguished from surrounding properties, and
which possesses a significant concentration,
linkage, or continuity of sites, buildings,
structures or objects united historically or
aesthetically by plan or physical development.
Excavation: The digging out or removal of earth,
soil.
Exterior Architectural Appearance: The
architectural style and character and the general
composition and arrangement of the exterior of a
building or structure.
Exterior Features: The architectural style and
the general design and arrangement of the
exterior of a structure, including, but not limited
to, the kind and texture of the building
material(s), and the type, style and arrangement
of all windows, doors, light fixtures, signs and
other appurtenant elements, or the natural
features of a landmark, landmark site or
structure. In the case of outdoor advertising
signs, "exterior feature" includes the style,
material, size and location of the sign.
Historic District: An area designated by
ordinances of the city council which:
(1) Has defined geographic boundaries;
(2) Contains contiguous pieces of property
under diverse ownership; and
(3) Is one or more of the following:
a. Significant to American history, architecture,
prehistoric or historic archaeology or culture; or
b. Possesses integrity of location, design,
setting, materials, workmanship, feel and
association; or
c. Associated with events that have been a
significant contribution to the broad patterns of
our prehistory or history; or
d. Associated with the lives of persons
significant with our past; or
e. Embodies the distinctive characteristics of a
type, period, or method of construction; or
f. Represents the work of a master; or
g. Possesses high artistic values; or
h. Represents a significant and distinguishable
entity whose components may lack individual
distinction; or
i. Has yielded, or may be likely to yield,
infonmation important to prehistory and history.
Historic Significance: A determination based on
the following criteria:
(1) The structure(s) or site(s) has (have) a
strong association with the life or activities of a
person or persons who have contributed to or
participated in the historic events of the nation,
state or community; or
(2) The structure(s) or site(s) is (are) associated
with an association or group (whether formal or
infonmal) which has contributed to or participated
in historic events of the nation, state or
community; or
(3) The structure(s) or site(s) or object(s) is (are)
associated with an antiquated use due to
technological or social changes in the nation,
state or community, such as, but not limited to, a
blacksmith's shop or railroad trestle; or
(4) The site(s) or object(s) is (are) a monument
to or a cemetery of historic personages.
Improvement: Any building, structure, parking
facility, fence, gate, wall, work of art or other
object constituting a physical bettenment of real
property, or part of such bettenment.
Individually Designated Historic Properties:
historical designation offered for individual
properties determined to have prehistoric,
226
Regular Session, June 5, 2006
historic, architectural, archeological and cultural
significance and which are not of a landmark
status or located within a historic district.
Integrity: The original, unaltered or historically
altered appearance of a structure, site or area
when taken as a whole.
Landmark: A property or structure designated by
ordinance of the city council pursuant to
procedures described herein, that is worthy of
preservation, rehabilitation or restoration
because of its prehistoric, historic, architectural,
archeological or cultural significance to the cijy,
the state or nation.
Landmark Site: Any parcel of land of prehistoric
or historic archeological significance, or historic
significance due to its substantial value in
tracing the prehistory or history of Native
Americans, or upon which an historic event has
occurred, and which has been designated as a
landmark site under this section, or an
improvement parcel, or part thereof, on which is
situated a landmark and any abutting
improvement parcel, or part thereof, used as
and constituting part of the premises on which
the landmark is situated.
Material Change Of Appearance: Any change,
alteration or modification of the external
architectural appearance or exterior features of
a building, improvement, structure or property
which is visible from the public way and for
which a regulated permit is required for
compliance with applicable local codes,
including, but not limited to:
(1) Changes in the exterior size, configuration,
fenestration or other structural features of the
property; or
(2) Construction or reconstruction; or
(3) Demolition; or
(4) Any alteration in the size, location or
appearance of any sign on the property; or
(5) Any excavation on property or the deposit of
any waste, fill or other material on property.
(6) For individual historic districts, the definition
of "material change in appearance" may be
expanded to include additional activities for
which a certificate of appropriateness is
required. Such additional activities shall be
delineated in the ordinance designating an
individual district or by amending the district
designating ordinance, in the case of a district
that has been previously designated.
Object: As distinguished from buildings and
structures, objects are those constructions that
are primarily artistic in nature or are relatively
small in scale and simply constructed. Although
it may be, by nature or design, movable, an
object is associated with a specific setting or
environment. Examples of objects include:
fountain, milepost, monument, sculpture or
statuary.
Owner Of Record: Any person, firm, corporation
or other legal entity listed as owner on the
records of the county recorder of Dubuque
County.
Preservation Altematives: Financial Incentives
and restoration altematives sufficient for the
property owner to earn a reasonable economic
retum. Financial incentives include, but are not
limited to, financing, tax credits, tax abatements,
preservation grants or other similar incentives.
Restoration alternatives include, but are not
limited to, different materials, techniques or
methods for rehabilitation of historic buildings
and structures, or archeological sites.
Regulated Permit: An official document or
certificate issued by the building official, city
engineer or other official of the city pursuant to
provisions of the buiiding code or other
ordinance or regulation, and which authorized
the performance of a specified activity.
Repair: Any change which does not require a
building permit, and which is not construction,
removal or demolition.
Scale: In a building or structure, the relationship
of the vertical, horizontal and volume
measurements; the relationship of the parts to
one another within a building, or structure or in
comparison to other buildings or structures
within that vicinity.
Site: The location of a significant event, a
prehistoric or historic occupation or activity, or a
building or structure, whether standing, ruined,
or vanished, where the location itself possesses
historic, cultural, or archeological value
regardless of the value of any existing structure.
Examples of sites include: cemetery, designed
landscape, habitation site, natural feature having
cultural significance, rock carving, rock shelter,
ruins, trail or village site.
Structure: Anything constructed or erected, the
use of which requires a permanent or temporary
location on or in the ground, including, but not
limited to, the following: earthwork, fences,
gazebos, advertising signs, billboards,
backstops for tennis courts, radio and television
antennas, including supporting towers, and
swimming pools. As distinguished from
buildings, structures are those functional
constructions made usually for purposes other
than creating human shelter.
Sec. 25-3. Historic Preservation Commission
Established; Membership; Term Of Office;
Vacancies In Office:
(a) The historic preservation commission is
hereby established and shall consist of nine (9)
members who shall be residents of the city.
(b) Members of the commission shall be
appointed by the cijy council as follows: one
resident from each designated historic
preservation district, including the districts
hereinafter established; and four (4) at large
members. Each member shall possess
qualifications evidencing expertise or interest in
architecture, history, archeology, law,
Regular Session, June 5, 2006
227
construction or building rehabilitation, city
pianning or conservation in general. One
commission member shall be a licensed
architect.
(c) Members shall serve three (3) year terms.
(d) Vacancies occurring in the commission,
other than through expiration of term of office,
shall be only for the unexpired portion of the
term of the member replaced. Each member
shall serve until the appointment of a successor.
(e) Members may serve for more than one term.
(I) Vacancies shall be filled by the city council in
accordance with the requirements set forth
above.
(g) Members shall serve without compensation.
Sec. 25-4. Election Of Officers; Organization;
Rules And Bylaws; Conduct Of Meetings;
Record Of Actions; Attendance At Meetings:
(a) The commission shall elect from its
membership a chairperson and vice chair-
person, whose terms of office shall be fixed by
bylaws adopted by the commission. The
chairperson shall preside over meetings of the
commission and shall have the right to vote. The
vice chairperson shall, in cases of absence or
disability of the chairperson, perform the duties
of the chairperson.
(b) The city manager shall designate a person to
serve as secretary to the commission. The
secretary shall keep a record of all resolutions,
proceedings and actions of the commission.
(c) The commission shall adopt rules or bylaws
for the transaction of its business. The bylaws
shall provide for, but not be limited to, the time
and place of holding regular meetings, the
procedure for the calling of special meetings by
the chairperson or by at least three (3) members
of the commission and quorum requirements.
(d) All meetings of the commission shall be
subject to Iowa Code chapter 21, the Iowa open
meetings act.
(e) The commission shall keep a record of its
resolutions, proceedings and actions. The
records shall be subject to Iowa Code chapter
22, the Iowa public records act.
(I) A quorum of the commission shall be required
in order to transact business.
(g) The affirmative vote of a majority of
commission members present at a meeting shall
be required for the approval of plans or the
adoption of any resolution, motion or other
action of the commission.
(h) The vote of each member of the commission
shall be recorded.
(i) A member of the commission shall attend at
least two-thirds (2/3) of all scheduled meetings
within any consecutive twelve (12) month period.
If any member does not attend such prescribed
number of meetings it shall constitute grounds
for the commission to recommend to the city
council that said member be replaced.
Attendance of all members shall be entered on
the minutes.
OJ The commission shall fiie with the city council
a copy of the minutes of each regular and
special meeting of the commission within ten
(10) working days after each meeting.
Sec. 25-5. Powers And Duties Generally;
Procedures For Operations:
(a) The general duties and powers of the
commission shall be as follows:
(1) To promote and conduct educational and
interpretive programs on historic properties
within its jurisdiction;
(2) To develop and adopt specific standards for
review and design guidelines, in addllion to
those set forth in subsection 25-10(a) of this
chapter, for the alteration of landmarks,
landmark sites, individually designated historic
properties and property and structures within
historic districts;
(3) To adopt its own bylaws;
(4) To identify, evaluate, register, manage and
protect significant prehistoric and historic
archeological sites;
(5) To conduct an ongoing survey to identify
historically, archaeologically and architecturally
significant properties, structures and areas that
exemplify the cultural, social, economic, political,
archeological or architectural history of the
nation, state or city;
(6) To research and recommend to the city
council the adoption of ordinances designating
areas as having historic, architectural,
archeological or culturai value or significance as
"historic districts";
(7) To research and recommend to the city
council the adoption of ordinances designating
properties or structures having historic,
architectural, archeological or cultural value or
significance as "landmarks" or "landmark. sites";
(8) To research and recommend to the city
council the adoption of ordinances designating
properties as having historic, architectural,
archeological or cultural value or significance as
" Individually Designated Historic Properties";
(9) To maintain a register of all properties and
structures which have been designated as
landmarks, landmark sites or historic districts,
including all information required for each
designation;
(10) To assist and encourage the nomination of
iandmarks, landmark sites and historic districts
to the national register of historic places, and
review and comment at a publiC hearing on any
national register nomination submitted to the
commission upon the request of the mayor, city
councilor the state bureau of historic
preservation;
(11) To confer recognition upon the owners of
landmarks, individually designated historic
properties or of property or structures within
historic districts;
228
Regular Session, June 5, 2006
(12) To review in-progress or completed work to
determine compliance with specific certificates
of appropriateness or certificates of economic
nonviability; and
(13) To serve as an advisory design review body
to the city council for review of public works
projects which have historic preservation
implications in historic districts, individually
designated historic properties, or for alteration of
landmarks, landmark sites or structures, that
would result In a material change in appearance
or be visible from the public way.
(b) The commission shall be governed by the
administrative, personnel, accounting, budgetary
and procurement policies of the city.
Sec. 25-6. Identification And Designation Of
Landmarks, Landmark Sites, Individually
Designated Historic Properties And Historic
Districts:
(a) Generally: The commission may conduct
studies for the identification and nomination of
landmarks, landmark sites, individually
designated historic properties and historic
districts, as defined by this chapter. The
commission may proceed on its own initiative or
upon a petition from any person, group or
association.
(b) Nomination:
(1) Landmarks And Landmark Sites: The
nomination of landmarks and landmark sites
shall be initiated by an application submitted to
the commission by the property owner on a form
supplied by the commission.
(2) Historic Districts: The designation of historic
districts shall be initiated by a nomination for
such designation. A nomination shall be made to
the commission on a form prepared by it and
may be submitted by a member of the
commission, the owner of record of property
within a proposed historic district, the city
council, or any other person or organization.
When a commissioner, as a private citizen,
nominates an historic district for designation, the
nominating commissioner shali abstain from
voting on the designation. This provision shall
not extend to a designation motion presented by
a commissioner as part of commission
proceedings.
(3) Individually Designated Historic Properties:
The nomination of individually designated
historic properties shall be initiated by an
application submitted to the commission by the
property owner on a form supplied by the
commission.
(c) Criteria For Consideration Of A Nomination:
The commission shall, upon such investigation
as it deems necessary, make a determination as
to the following:
(1) The nominated property, structure, object,
site or area:
a. Is of "architectural significance", as defined by
this chapter; or
b. Is associated with events that have made a
significant contribution to the broad patterns of
the history of the city of Dubuque, Dubuque
County, the state of Iowa or the nation; or
c. Is associated with the lives of persons
significant in the past of the city of Dubuque,
Dubuque County, the state of Iowa or the nation;
or
d. Has yielded, or may be likely to yield,
information important in prehistory or history;
and
(2) The structure, property, object, site or area
has sufficient integrity of location, design,
materials and workmanship to make it worthy of
preservation or restoration; and
(3) The structure, property, object, site or area is
at least fifty (50) years old, unless the
commission determines that it has achieved
significance within the past fifty (50) years and is
of exceptional importance.
(d) Notification of Nomination: WIthin sixty (60)
days after receipt of a completed nomination in
proper form, the commission shall hold a public
hearing. Notice that a nomination for designation
is being considered and the date, time, place
and purpose of the public hearing shall be sent
by certified mail, at least fourteen (14) days prior
to the date of the hearing, to the owner(s) of
record of the nominated landmark or landmark
site, nominated individually designated historic
property, or property within the nominated
historic district and to the nominator(s). Notice
shall also be published in a newspaper having
general circulation in the city. The notice shall
state the street address and legal description of
a nominated landmark or landmark site or the
boundaries of a nominated district.
(e) Public Hearing: Oral or written testimony
concerning the significance of the nominated
landmark, landmark site or historic district shall
be taken at the public hearing from any
interested person. The commission may request
expert testimony, consider staff reports or
present its own evidence regarding the
compliance of the nominated landmark,
landmark site, individually designated historic
property or historic district with the criteria set
forth in subsection (c) of this section. The owner
of any nominated landmark, landmark site,
individually designated historic property or of
any property within a nominated historic district
shall be allowed a reasonable opportunity to
present evidence regarding the nomination, shall
be afforded the right of representation by
counsel and shall be given reasonable
opportunity to cross-examine expert witnesses.
The hearing shall be closed upon completion of
testimony.
(I) Determination By The Commission,
Recommendation And Report: Within thirty (30)
days following the close of the public hearing,
the commission shaH make a determination
Regular Session, June 5, 2006
229
upon the evidence as to whether the nominated
landmark, landmark site, individually designated
historic property or historic district does or does
not meet the criteria for designation. Such
detennination shall be made in an open meeting
by resolution of the commission, shall be
reduced to writing in the form of a
recommendation and shall be supported by a
written report in support of the nomination. The
commission's recommendation on the
nomination of a landmark, landmark site,
individually designated historic property or
historic district, and its supporting report, shall
be filed with the long-range planning advisory
commission, and shall include a proposed
ordinance or amendment establishing such
landmark, landmark site, individually designated
historic property or historic district and
describing its location and boundaries by
address and legal description.
(g) Action By Long-Range Planning Advisory
Commission: Wrthin sixty (60) days after receipt
of the commission's recommendation, report and
proposed ordinance or amendment, the long-
range planning advisory commission shall report
to the city council with respect to the relation of
the nomination to the general development plan,
zoning ordinance, proposed public improve-
ments and any plans for the renewal of the area
involved. Upon submission of the report of the
long-range planning advisory commission, or
upon the expiration of the sixty (60) day period,
the matter shall be transmitted to the city
council.
(h) Action By City Council:
(1) The city council shall submit the proposed
ordinance or amendment to the bureau of
historic preservation of the state historical
society of Iowa for review and recommendations
at least forty five (45) days prior to the date of
any public hearing conducted by the city council.
Any recommendations made by the bureau of
historic preservation shall be made available by
the city to the public for viewing during normal
working hours at a city government place of
pubiic access.
(2) Upon receipt of the recommendation and
report of the historic preservation commission
and the report of the long-range planning
advisory commission, and after having received
a recommendation from the bureau of historic
preservation or if the forty five (45) day waiting
period has lapsed since submission of the
request for such recommendation, the city
council shall conduct a public hearing on the
ordinance or amendment establishing the
proposed landmark, landmark site, individually
designated historic property or historic
preservation district. After public hearing, the city
council shall approve or disapprove the
ordinance or amendment, or refer the
nomination back to the historic preservation
commission for modification. A modified
nomination shall require compliance with the
same procedure for designation as set forth
above.
(3) City council approval of the ordinance or
amendment shall constitute designation of the
landmark, landmark site, individually designated
historic property or historic district.
(i) Amendment And Rescission Of Designation:
A designation may be amended or rescinded
upon petition to the commission and compliance
with the same procedure and according to the
same criteria as set forth above for designation.
Sec. 25-6.1. Langworthy Historic Preservation
District:
The properties hereinafter described are hereby
designated as an historic preservation district,
according to the provisions of this Chapter:
All of Lots 1 through 3, inclusive; all of Lot 4
excepting the northerly ten (10) feet thereof, all
of the south half of Lot 6; aU of lois 12 through
16, inclusive; and all of Lois 12A through 16A,
inclusive; all being in Paulina Langworthy's
Addition. The west fifteen (15) feet of lot 4; all of
Lot 5, and Lot 6; all being in McCoy Subdivision.
All of Lots 1 through 6, inclusively, of Lot 2 and
Lot 3; all of Lot 4; and all of Lots 5 through 8,
inclusive, excepting the northerly twelve (12)
feet of all of them; all being in Mrs. L. A.
Langworthy's Addition. All of Lots 1 through 12,
inclusive; all of Lots 17 through 21, inclusive;
and all of Lots 9 through 53, inclusive; all being
in Julia Langworthy's Addition. Lots 1 through 4,
inclusive; Lot 1 of Lot 6; Lots 28 through 32,
Inclusive; Lot 1 of Lot 1 of lot 1 of Lot 33; and
Lot 1 of Lot 2 of Lot 2 of Lot 33; all being in T. S.
Nairn's Dubuque Addition.
Sec. 25-6.2. Old Main Historic Preservation
District:
The properties hereinafter described are hereby
designated as an historic preservation district,
according to the provisions of this chapter:
All of city Lots 1 through 12, inclusive; all of city
Lots 69 through 80, inclusive; and the south
sixty-four (64) feet of Lot 1 Block XV of Dubuque
Downtown Plaza.
Sec. 25-6.3. Jackson Park Historic Preservation
District:
The properties hereinafter described are hereby
designated as an historic preservation district,
according to the provisions of this chapter:
Beginning at the intersection of West 17th and
Heeb Streets, north along Heeb Street to the
south line of M. A. Rebman's Sub.; west along
said line and the south line of Duncan's Sub. to
the west line of Lot 4-C.L. six hundred seventy-
four (674) feet; south along said line to the south
line of Lot 2-5-C.L. 674; west along said line and
along the south line of Lot 1-5-C.L. 674 to Main
Street; west across Main Street and Madison
Avenue to the north line of Lot 5-2-C.L. 673;
continuing west along said line to the west line
230
Regular Session, June 5, 2006
of said lot; south along said line to Dorgan
Place; west along Dorgan Piace to the east line
of Lot 1-1A-Dorgan's Sub.; southwest along said
line and along the east line of Lot 1-1-Dorgan's
Sub. and its extension of West 17th Street; first
south then in a counterclockwise manner along
the westerly line of D.N. Cooley's Sub. and its
southerly extension to the north line of Lot 1-1-
C.L. 667; east along said line to the east line of
said lot; south along said line and the east line of
Lot 2-3-C.L. 667 to the south along said line of
Lot 2-1-C.L. 667; east along said line to BMf
Street; south along Bluff Street to the south line
of A.L. Brown's Sub.; west along said line to the
east line, of Lot 769B of A. McDaniel's Sub.;
south along said line and the east right-of-way
line of Grove Terrace and the east line of
Corkery's Sub. to the north line of Lorime~s
Sub.; east along said line to the east line of Lot
1-1-1 and 11 of Lorime~s Sub.; south along said
line and its extension to west 9th Stneet; east
along West 91h Street to Locust Street; north
along Locust Street to West 10th Street; east
along West 10th Street to the alley between
Locust and Main Streets; north along said alley
to West 13th Street; east along West 13th Street
to Main Street; south along Main Street to the
south line of the north 1/5-C.L. 465; east along
said line and its extension to the east line of the
west 33 feet, north 1/5-C.L. 460; north along
said line to West 13th Street; east along West
13th Street to Iowa Street; north along Iowa
Street to West 14th Street; east along West 14th
Street to the alley between Iowa Street and
Central Avenue; north along said alley to West
17th Street; east along West 17th Street to Heeb
Street, the point of beginning.
Sec. 25-6.4. Cathedral Historic Preservation
District:
The properties hereinafter described are hereby
designated as an historic preservation district,
according to provisions of this Chapter:
Beginning at the intersection of Locust Street
and West Seventh Street; southwest along West
Seventh Street to Bluff Street; northwest along
Bluff Street to the northwest line of Lot 5-C.L.
653A; southwest along said line to the
southwest line of said lot; southeast along said
line to the northwest line of the north fifty (50)
feet of Lot 1-1-C.L. 653; southwest along said
line to the northeast line of Coriell's Dubuque
Sub.; first southeast then in a clockwise manner
along said line to West Fifth Street; southeast
along West Fifth Street; to the northwest line of
the west one hundred seven and five-tenths
(107.5) feet-west one hundred seventy (170)
feet-C.L. 624; southwest along said line to the
northeast line of Cooper Heights Sub; southeast
along said line and along the northeast line of
Lot 1-1-1-1C.L. 692 to the north right-of-way line
of West Fourth Street; southwest along said
right-of-way line and along the northwest line of
Lot 2-1-1-1-C.L. 692 to Raymond Place;
southeast along Raymond Place to the
northwest line of Fenelon Point Sub.; first
northeast then in a clockwise manner along said
line to the southwest line of Lot 1-E. seventy-
eight and five-tenths (78.5) feet south one
hundred (100) feet-C.L. 692; southeast along
said line to West Third Street to the southwest
line of Saint Raphael's Add.; southwest along
said line to the northwest line of Lot 1-2-C.L.
694; first northeast then in a clockwise manner
along said line to the northwesterly most line of
Pixler Place; northeast along said line to the
west right-of-way line of Bluff Street; southeast
across Bluff Street to the northeast line of C.L.
589A; continuing southeast along the northeast
line of C.L. 589A and the northeast line of C.L.
589 and the northeast line of the north twenty-
one (21) feet-north 1/2 C.L. 572 to Locust Street;
northeast along Locust Street to the southwest
line of the south fifIy (50) feeI-C,L. 568;
northwest along said line to Bissell Lane; north
along Bissell Lane to West Fourth Street;
northeast along West Fourth Street to Locust
Street; northwest along Locust Street to West
Seventh Street, the place of beginning as
described herein.
Sec. 25-6,5. West Eleventh Street Historic
Preservation District:
The properties hereinafter described are hereby
designated as an historic preservation district,
according to provisions of this chapter:
Beginning at the intersection of Loras Boulevard
and Bluff Street; south along Bluff Street to the
south line of A.L. Brown's Sub.; west along said
south line to the east line of Lot 769B of A.
McDaniel's Sub.; south along said east line and
along the east right-of-way line of Grove Terrace
and along the east line of Corkery's Sub. to the
north line of Lorimer's Sub.; east along said
north line to the east line of Lot 1-1-1-11-
Lorime~s Sub; south along said east line and its
southerly extension to West 91h Street; west
along West 9th Street to the west line of Central
Addition; north along said west line to the south
line of the east twenty-seven (27) feet-Lot 3-C.L.
703; west along said south line to the west line
of said lot; north along said west line to the north
line of the west one hundred thirty-nine (139)
feet-Lot 3-C.L. 703; west along said north line to
the east line of Lot 2-46A-Farley's Sub.; north
along said east line to Wilbur Street; west along
Wilbur Street to the west line of Lot 2-46A-
Farley's Sub.; south along said west line to the
south line of Lot 1-46-Farley's Sub.; west along
said south line and along the south line of Lot 1-
45-Farley's Sub. to the west line of said Lot 1-
45; north along said west line to Wilbur Street;
west along Wilbur Street to Spruce Street; south
along Spruce Street to the south line of Lot 2-43-
Farley's Sub.; west along said south line to the
east line of the south eighty (80) feet-Lot 37-
Regular Session, June 5, 2006
231
Farley's Sub.; north along said east line to the
north line of said lot; west along said north line
to the east line of Lot 38-Farley's Sub.; north
along said east line to Jefferson Street; west
along Jefferson Street and along the south line
of Lot 2-1-1-3-C.L. 738 to the west line of Lot 2-
1-1-3-C.L. 738; north along said west line and
along the west line of Lot 1-1-1-3-C.L. 738 and
along the west line of Lot 2-1-3-C.L. 738 and
along the west line of Lot 1-2-1-C.L. 738; to
West Eleventh Street; east along West Eleventh
Street to the west line of Lot 12 of Cummin's
Sub.; north along the west lines of Lots 11, 10, 9
and 8 of Cummin's Sub.; north across Race
Street; north along the west line of Lot 6 of
Cummin's Sub. to Chestnut Street; west along
Chestnut Street to the west property iine of Lot 8
of Bissell's Dubuque; north along the west
property lines of Lots 9,10,11,12,13,14 and
15 of Bissell's Dubuque and the E. 150' of Lot 5
of C.L. 740; east along the north ~ne of the E.
150' of Lot 5 of C.L. 740 to Walnut Street; north
along Walnut Street to Loras Boulevard; east
along Loras Boulevard to Henion Street; north
along Henion Street to Pickett Street; east aiong
Pickett Street to the east line of Lot 2-7-C.L.
667; south along said east line to the south line
of Lot 1-4-C.L. 667; first east line then in a
counter-clockwise manner along the southerly
lines of Lot 1-4-C.L. 667 and Lot 1-3-C.L. 667 to
the west line of Lot 2-1-C.L. 667; south along
said west line of the south line of Lot 2-1-C.L.
667; east along said south line to Bluff Street;
south along Bluff Street to Loras Boulevard, the
place of beginning.
Sec. 25-6.6. William M. Black Landmark:
The structure hereinafter described is hereby
designated as a landmark, according to the
provisions of this chapter:
Sidewheeler Dredge William M. Black moored at
Inner Levee of the Mississippi River, commonly
known as the Ice Harbor.
Sec. 25-6.7. Dubuque City Hall Landmark:
The property hereinafter described is hereby
designated as a iandmark, according to the
provisions of this chapter:
The building situated on the N 2/5 of City Lot
448 and the N 2/5 of City Lot 457, commonly
known as 50 West 13th Street.
Sec. 25-6.8. Dubuque County Courthouse
Landmark:
The property hereinafter described is hereby
designated as a landmark, according to the
provisions of this chapter:
The buiiding situated on part of City Lot 286 and
City Lots 287 to 288, commonly known as 720
Central Avenue.
Sec. 25-6.9. Dubuque County Jail Landmark:
The property hereinafter described is hereby
designated as a landmark, according to the
provisions of this chapter:
The buiiding situated on City Lots 284 to 285
and part of City Lot 286, commonly known as 36
West 8th Streel.
Sec. 25-6.10. Julien Dubuque Monument
Landmark:
The property hereinafter described is hereby
designated as a landmark, according to the
provisions of this chapter:
The structure situated on PI. Lot 1, Government
Lots 1 and 2, located at terminus of Monument
Drive.
Sec. 25-6.11. Mathias Ham House Landmark:
The property hereinafter described is hereby
designated as a landmark, according to the
provisions of this chapter:
The building situated on Lot 1 of Lot 531 Ham's
Addition, commonly known as 2241 Lincoln
Avenue.
Sec. 25-6.12. ShotTower:
The property hereinafter described is hereby
designated as a landmark, according to the
provisions of this chapter:
The Shot Tower structure situated on River
Front Sub 1, located at terminus of Commercial
Street.
Sec. 25-6.13. Four Mounds Estate Historic
District:
The property hereinafter described is hereby
designated as a landmark, according to the
provisions of this Chapter:
The buildings, structures, objects, sites, and
property situated on Lot 1-1-2-1 & Lot 1-1-2-1-1
of SW-NW & Gov 1 & min Lot 331 & Lot 1-7-SW
& Lot 2-NW-NW all in See 1 of T89N-R2E & Lot
1 & Lot 2-1-1-1 ofSubof1-7SWandSWofNW
See 1 T89N-R2E & Gov Lot 1 a/kla min Lot 331
& Lot 1-1-4, 2-2-4, 2-1-2-4, Lot 2 & 3 of SW See
1 of T89N-R2E & Lot 1 Fountain Hill re-sub &
Lot 16 John Deere Dub Tractor Works & Lot 2-1-
1-2-2 of SE 1/4 NE 1/4 See 2 of T89N-R2E 5th,
commonly known as 4900 Peru Road.
Sec. 25-7. Demolition Of Landmarks, Landmark
Sites, Individually Designated Historic Properties
Or Structures In Historic Districts; Demolition By
Neglect; Certificate Of Economic Nonviability:
(a) Demolition Generally: Demolition of
landmarks, landmark sites, individually
designated historic properties or structures
within historic districts is prohibited unless, upon
application and after hearing, the commission
issues a certificate of appropriateness . or a
certificate of economic nonviability pursuant to
subsection 25-9(h) of this chapter.
(b) Demolition By Neglect Prohibited: The owner
of real property in any historic district, or of a
landmark or landmark site, or individually
designated historic property shall preserve and
keep from deterioration all buildings and
structures located on such real property. The
owner shall repair the building or structure to
correct any of the following defects found by the
city's designated enforcement officer:
232
Regular Session, June 5, 2006
(1) Parts which are improperty or inadequately
attached so that they may fall and injure persons
or property;
(2) A deteriorated or inadequate foundation;
(3) Defective or deteriorated fioor supports or
fioor supports that are insufficient to carry the
loads imposed;
(4) Walls, partitions or other vertical supports
that split, lean, list or buckle due to defect or
deterioration or are insufficient to carry the load
imposed;
(5) Ceilings, roofs, ceiling or roof supports, or
other horizontal members which sag, split, or
buckle, due to defect or deterioration or are
insufficient to support the load imposed;
(6) Fireplaces and chimneys which list, bulge or
settle due to defect or deterioration or are of
insufficient size or strength to carry the loads
imposed;
(7) Deteriorated, crumbling or loose exterior
stucco or mortar,
(8) Deteriorated or ineffective waterproofing of
exterior walls, roofs, foundations or fioors,
including broken windows and doors;
(9) Defective or lack of weather protection for
exterior wall coverings, foundations or fioors,
including broken windows and doors;
(10) Any default, defect or condition in the
structure which renders it structurally unsafe or
not properly watertight;
(11) Accumulations of weeds, fallen trees or
limbs, debris, abandoned vehicles, and other
refuse;
(12) Deterioration of any exterior feature so as to
create a hazardous condition which could make
demolition necessary for the public safety; or
(13) Deterioration or removal after the effective
date hereof of any unique architectural feature
which would detract from the original
architectural style.
Sec. 25-8. Alteration Of Landmarks, Individually
Designated Historic Properties, Landmark Sites
Or Structures In Historic Districts; Determination
Of No Material Effect; Certificate Of
Appropriateness; Review Of Preservation
Alternatives; Certificate Of Economic
Nonviability:
(a) After designation of a landmark, landmark
site, individually designated historic property or
historic district by the city council, any proposed
alteration or activity which will affect a landmark,
landmark site, individually designated historic
property or structure or site within any historic
district, and for which a regulated penmit or site
plan approval is required, shall be reviewed by
the historic preservation commission; however,
nothing in this chapter shall be construed to
prevent ordinary maintenance or repair of any
landmark, landmark site or structure or site
within an historic district where such
maintenance or repair does not involve a
material change of appearance which
necessitates issuance of a regulated permit or
site plan approval as herein defined.
(b) No regulated penmit or site plan approval
may be issued prior to review by the
commission.
(c) Upon review; the commission shall have the
authority to take the following actions:
(1) Authorize The Proposed Project,
Determination Of No Material Effect:
a. If an application submitted to the commission
demonstrates compliance with the "Secretary Of
Interio~s Standards And Guidelines For
Archaeology And Historic Preservation", the
secretary of interio~s "Standards And Guidelines
For The Treatment Of Historic Properties", and
the "Secretary Of The Interior's Standards For
Rehabilitation And Guidelines For Rehabilitating
Historic Buildings", codified as 36 CFR 68, as
amended, as established by this chapter and,
pursuant to the bylaws adopted by the
commission, a detenmination may be made that
such work or activity would:
1. Not result in a material change in appearance;
or
2. Not be visible from the public way.
b. The city manager or city manage~s designee
shall make such detenmination and may issue a
detenmination of no material effect, which shall
authorize the proposed work or activity to
proceed without a public meeting of the
commission.
(2) Approve The Proposed Project; Certificate Of
Appropriateness:
a. The commission shall issue a certificate of
appropriateness if, upon application and after
conducting a review of the application, it finds:
1. That the property owner or the property
owne~s representative has established that the
proposed alteration or activity complies with the
standards for review set forth by this chapter
and regulated by the commission and confonms
to the purpose and intent of this chapter; and
2. That creating, changing, destroying or
affecting the exterior architectural features of the
structure, improvement or site upon which the
work is to be done will not have a substantial
adverse effect on the aesthetic, historic or
architectural significance and value of either the
property itself or of the neighboring
improvements in a district.
b. The issuance of a certificate of
appropriateness shall enable the applicant to
obtain a regulated permit or site plan approval
and to proceed with the proposed alteration or
activity.
(3) Disapprove The Proposed Project; Review
Of Preservation Alternatives; Certificate Of
Appropriateness:
a. The commission shall issue a certificate of
appropriateness, upon application for and after
conducting a review of preservation alternatives,
it finds:
Regular Session, June 5, 2006
233
1. That the property owner or the property
owner's representative has established that the
preservation alternatives for the proposed
alteration or activity comply with the standards
for review set forth by this chapter and regulated
by the commission, and conform to the purpose
and intent of this chapter; and
2. That creating, changing, destroying or
affecting the exterior architectural features of the
structure, improvement or site upon which the
work is to be done will not have a substantial
adverse effect on the aesthetic, historic or
architectural significance and value of either the
property itself or of the neighboring
improvements in a district.
b. The issuance of a certificate of
appropriateness after a review of preservation
alternatives shall enable the applicant to obtain
a regulated permit or site plan approval and to
proceed with the proposed alteration or activity.
(4) Disapprove The Proposed Project; Certificate
Of Economic Nonviabilily: The commission shan
issue a certificate of economic nonviability, upon
application or upon its own motion, if:
a. A review of preservation alternatives has
been conducted and a certificate of
appropriateness has been denied; and
b. The commission determines that disapproval
of the proposed work or activity would prevent
the property owner from earning any reasonable
economic retum from the property. In
considering whether the property has been
prevented from earning any reasonable
economic return, the commission shall deny the
certificate of nonviability where the inability to
earn any reasonable economic return has been
created by the property owner's conduct
including, but not limited to, neglect of
maintenance or absence of bona fide attempts
to earn a reasonable economic return.
(d) The building official, city engineer or other
local authorities shall not issue a regulated
permit or site plan approval until there has been
a determination of no material effect or a
certificate of appropriateness or a certificate of
economic nonviability issued.
(e) The transfer of a determination of no material
effect, certificate of appropriateness or certificate
of economic nonviability from one structure,
improvement or site to another structure,
improvement or site or from one person to
another is prohibited.
(I) Each determination of no material effect,
certificate of appropriateness or certificate of
economic nonviability issued under the
provisions of this chapter shall expire and
become null and void if the alteration,
construction, repair, removal, demolition or
excavation for which the determination of no
material effect, certificate of appropriateness or
certificate of economic nonviability was issued is
not initiated within one year of its issuance.
Sec. 25-9. Procedure For The Review Of Plans;
Application For Certificate Of Appropriateness;
Application For Review Of Preservation
Alternatives; Application For Certificate Of
Economic Nonviability:
(a) Application for regulated permit shall be
made to the appropriate city official. The
application shall state or the appropriate city
official shall determine that the proposed
alteration, activity or demolition is to be done on
a landmark, landmark site, individually
designated historic property or on a structure
within an historic district.
(b) Upon the filing of such permit application, the
appropriate city official shall notify the applicant
that the matter must be reviewed by the historic
preservation commission before a regulated
permit can be issued.
(c) If a permit application demonstrates
compliance with the provisions for a
determination of no material effect as
established by this chapter, then the city
manager or city manager's designee shall make
such determination and may issue a
determination of no material effect, which shall
authorize the proposed work or activity to
proceed without a public meeting of the
commission. If a permit application does not
demonstrate compliance with the provisions for
a determination of no material effect as
established by this chapter, then an application
for design review by the commission of the
proposed work, activity or demolition must be
made by the applicant. Application for
commission review shall be filed in the planning
services department.
(d) Unless othelWise mutually agreed upon by
the applicant and the commission, the
commission shall meet within twenty one (21)
days after the filing of the application for
commission review. The commission shall
review the proposed project according to the
duties and powers specified in this chapter. In
reviewing the proposed project, the commission
may confer with the applicant or the applicant's
authorized representative. The commission may
require submission of such additional drawings,
sketches, photographs or other exhibits as it
deems reasonably necessary for consideration
of the application.
(e) The commission shall approve or disapprove
such plan.
(I) If the proposed project is approved, the
commission shall issue a certificate of
appropriateness.
(g) If the commission disapproves such
proposed project, it shall state its reasons and
shall transmit to the applicant a written record of
its disapproval. The commission may propose
appropriate revisions of the applicant's proposal
which, if adopted, would cause the commission
to reconsider its disapproval. The applicant may
234
Regular Session, June 5, 2006
make modifications to the proposed project and
shall have the right to resubmit a modified
proposal at any time.
(h) Prior to filing an application for a certificate of
economic nonviability, as provided for in
subsection (i) of this section, the applicant shall
file an application for a review of preservation
alternatives. This application shall document the
applicant's attempts to evaluate and obtain
"preservation alternatives" as defined herein,
including, but not limited to, financing, tax
incentives, preservation grants, restoration
alternatives and other incentives sufficient to
allow the applicant to earn a reasonable
economic retum from the property.
(1) After a review of the preservation
alternatives, the commission shall approve or
disapprove such plan.
(2) If the proposed project is approved, the
commission shall issue a certificate of
appropriateness.
(3) If the commission disapproves such
proposed project, it shall state its reasons and
shall transmit to the applicant a written record of
its disapproval. The commission may propose
appropriate revisions of the applicant's proposal
that, if adopted, would cause the commission to
reconsider its disapproval. The applicant may
make modifications to the proposed project and
shall have the right to resubmit a modified
proposal at any time.
(i) If the commission disapproves such proposed
project after a review of preservation
alternatives, it may, upon application or on its
own motion, consider issuing a certificate of
economic nonviability.
(1) Certificate Of Economic Nonviability: Upon
application or motion for a certificate of
economic nonviability, the commission shall
schedule a public meeting on that application or
motion.
(2) Data To Be Provided By The Applicant: The
commission may solicit expert testimony or
require that the applicant for a certificate of
economic nonviability make submissions
conceming any or all of the following information
before rendering its decision:
a. Estimate of the cost of the proposed
construction, alteration, demolition or removal
and an estimate of any additional cost that
would be incurred to comply with the
recommendations of the historic preservation
commission for changes necessary for the
issuance of a certificate of appropriateness;
b. A report from a licensed engineer or architect
with experience in rehabilitation as to the
structural soundness of any structures and their
suitability for rehabilitation;
c. Estimated market value of the property in its
current condition; after completion of the
proposed construction, alteration, demolition or
removal; after any changes recommended by
the commission; and, in the case of a proposed
demolition, after renovation of the existing
property for continued use;
d. In the case of a proposed demolition, an
estimate from an architect, developer, real
estate consultant, appraiser or other real estate
professional experienced in rehabilitation, as to
the economic feasibility of rehabilitation or reuse
of the existing structure on the property;
e. The amount paid for the property, the date of
purchase and the person from whom purchased,
including a description of the relationship, if any,
between the owner of record or the applicant
and the person from whom the property was
purchased, and any terms of financing between
the seller and buyer;
f. If the property is income producing, the annual
gross income from the property for the previous
two (2) years;
g. Itemized operating and maintenance
expenses for the previous two (2) years; and
depreciation deduction and annual cash flow
before and alter debt service, if any, during the
same period;
h. The remaining balance on any mortgage or
other financing secured by the property and
annual debt service, if any, for the previous two
(2) years;
i. All appraisals obtained within the previous two
(2) years by the owner or applicant in connection
with the purchase, financing or ownership of the
property;
j. Any listing of the property for sale or rent, price
asked and offers received, if any, within the
previous two (2) years;
k. The assessed value of the property according
to the two (2) most recent assessments;
I. The amount of real estate taxes for the
previous two (2) years and whether or not they
have been paid;
m. The form of ownership or operation of the
property, whether sole proprietorship, for profit
or not for profit corporation, limited partnership,
joint venture or other;
n. Any other information considered necessary
by the commission to make a determination as
to whether the property does yield or may yield
any reasonable economic return to the property
owner(s), including, but not limited to, the
income tax bracket of the owner(s) or
applicant(s) or of the principal investor(s) in the
property;
o. Proof of the applicant's efforts to obtain
financing, tax incentives, preservation grants
and other incentives sufficient to allow the
applicant to earn a reasonable and an economic
return from the property; and
p. A showing of the applicant's efforts in ongoing
maintenance and repair.
(3) Determination Of Economic Nonviability: The
commission shall review all of the evidence and
Regular Session, June 5, 2006
information required of an applicant for a
certificate of economic nonviability; and
a. If the commission finds that disapproval of the
proposed work would prevent the property
owner from earning any reasonable economic
retum from the property, the commission shali:
1. Immediately issue a certificate of economic
nonviability; or
2. At its discretion, postpone, for a period not to
exceed one hundred eighty (180) days, the
issuance of a certificate of economic
nonviability. During this time, the commission
shali investigate strategies which would aliow
the property owner to earn a reasonable
economic return from the property. No regulated
permit shali be issued during this time unless a
certificate of appropriateness has been secured.
If, at the end of the one hundred eighty (180)
day period, the commission, after a public
meeting, finds that the property owner stili
cannot earn any reasonable economic return
from the property, ft shall issue a certificate of
economic nonviability.
b. If the commission finds, after initial review or
after the one hundred eighty (180) day period of
postponement, that the property owner has, in
fact. earned or is able to earn a reasonable
economic retum from the property, then the
commission shali deny the application for a
certificate of economic nonviability.
OJ No regulated penmit shali be issued
authorizing a material change in appearance of
a landmark, landmark site or of a structure or
site within an historic district until there is a
determination of no material effect or a
certificate of appropriateness or a certificate of
economic nonviability fiied with the building
official or the city official authorized to issue the
necessary regulated permit.
(k) In the event the commission disapproves of a
proposed project, the notice of disapproval shali
be binding upon the building official, city
engineer or other local authority, and no permit
shall be issued in such a case.
(I) The failure of the commission to approve or
disapprove an application for a certificate of
appropriateness within sixty (60) days from the
date of the filing of an application, unless an
extension is agreed upon mutualiy by the
applicant and the commission, shali be deemed
to constitute approvai, unless within such sixty
(60) days the commission has made a
detenmination of economic nonviability and has
suspended its decision regarding a certificate of
economic nonviability pursuant to subsection
(i)(3)a2 of this section.
Sec. 25-10. Standards For Review:
(a) The commission shali consider each design
review on the merits of the individual case, with
due deliberation given to each proposed
change(s) and its sympathetic relationship to the
specific historic setting, architectural or historic
235
significance, extent of previous alteration, use of
original materials and quality of design of the
existing structure or site. Commission approval
of a particular type of aiteration or activity shall
not establish a binding precedent for future
commission action, but may constitute an
additional factor to be considered in subsequent
design reviews involving the same type of
alteration or activity.
(b) The "Secretary Of Interio~s Standards And
Guidelines For Archaeology And Historic
Preservation", the secretary of interior's
"Standards And Guidelines For The Treatment
Of Historic Properties", and the "Secretary Of
The Interio~s Standards For Rehabiiitation And
Guidelines For Rehabilitating Historic Buildings",
codified as 36 CFR 68, as amended, shall
provide the guidelines by which the commission
shall review an application for a certificate of
appropriateness or certificate of economic
nonviability, and any subsequent revisions of
these standards and guidelines by the secretary
of the interior shall be adopted by the
commission.
(c) The commission shall also be guided by the
"Architectural Guidelines For Historic Structures
In The Historic Districts OfThe City Of Dubuque,
Iowa"; the "Streetscape And Landscape
Guidelines For The Historic Districts Of The City
Of Dubuque, Iowa"; and any design standards
specified in the ordinance or amendment
designating the landmark, landmark site or
historic district.
Sec. 25-11. Appeals From Commission Action:
(a) An aggrieved party may appeal the
commission's action to the city council by filing a
notice of appeal with the planning selVices
department within thirty (30) days from the date
of notice of the commission's action.
(b) Upon filing of a notice of appeal, the planning
selVices department shall immediateiy transmit
such notice and the record of the action before
the commission to the city clerk.
(c) On appeal, the city council shali consider
only the record of the action before the
commission. No new matter may be considered.
(d) The city council shall consider whether the
commission has exercised its powers and
followed the guidelines established by law and
the historic preselVation ordinance (this
chapter), and whether the commission's action
was patently arbitrary or capricious.
(e) The city council may affirm or reverse the
commission's action, or may refer the matter
back to the commission for such further action
as may be appropriate. The city clerk shall give
written notice of the city council's decision on
appeal within seven (7) days of the city council's
decision to the appellant and the historic
preservation commission.
(f) An appellant who is not satisfied by the
decision of the city council may appeal within
236
Regular Session, June 5, 2006
sixty (60) days of the city council's decision to
the district court for Dubuque County, pursuant
to Iowa Code section 303.34.
Sec. 25-12. Inspection:
(a) After a certificate of appropriateness or
certificate of economic nonviability has been
issued and a regulated permit granted to the
applicant, the building official, city engineer or
other local authority may from time to time
inspect the work authorized and shall take such
action as is necessary to enforce compliance
with the approved plans.
(b) Historic preservation commissioners may
from time to time inspect, from the public way,
the work authorized and shall advise the building
official or other enforcement authority as
necessary to enforce compliance with the
approved plans.
Sec. 25-13. Violations; Penalties:
It shall be unlawful for any person to disobey,
omit, neglect or refuse to comply with any
provision of this chapter, and such person shall
be subject to the provisions of sections 1-8 and
1-15 through 1-17 of this code.
Section 2. This Ordinance shall take effect
upon publication, as provided by law.
Passed, approved and adopted this 5th day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
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 Braig. Motion carried
6-0. Connors moved final consideration and
passage of the Ordinance. Seconded by Braig.
Motion carried 6-0.
Millworking District: Historic Preservation
Commission recommending that the City
Council approve initiation of a process to
nominate the proposed Millworking Historic
District to the National Register of Historic
Places, approve the use of $10,000 in Historic
District Public Improvement Program (HDPIP)
funds for the nomination process, and direct the
Commission to partner with the Envision 2010
Warehouse District Committee in educating
property owners, presented and read. Cline
moved that the communication be received and
filed and approved recommendation. Seconded
by Connors. Motion carried 7-0.
Community Partnership (cp2) Program -
Fiscal Year 2007: Recommendation of the
Community Development Advisory Commission
for allocation of Community Partnership
Program (cp2) funds, presented and read.
Cline moved that the communication be
received and filed. Seconded by Lynch. Motion
carried 7-0.
RESOLUTION NO. 234-06
RESOLUTION AUTHORIZING THE AWARD
OF COMMUNITY PARTNERSHIP PROGRAM
(cp2) FUNDS FOR FISCAL YEAR 2007
Whereas, under the provisions of Title I of the
Housing and Community Development Act of
1 974, as amended, the City of Dubuque has
received Community Development Block Grant
(CDBG) funds for the development and
maintenance of a viable urban community
through the provision of decent housing, a
suitable living environment and expanded
economic opportunities for its residents,
particularly those persons of low and moderate
income; and
Whereas, the Community Partnership Program
(cp2) was developed In the City of Dubuque in
response to the national goals and objectives of
the CDBG program; and
Whereas, guidelines for the implementation of
the Community Partnership Program (cp2) were
approved and amended by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby
awards Community Partnership Program (cp2)
monies to the following organizations. The
award shall consist of a grant to the organization
for the identified project and shall be for the
amount noted below:
APPLICANT PROJECT RECOMMENDED
Visiting Nurse Association Access to Medical &
Dental CarelTransition $5,114
Dubuque County Extension Multi-cultural
Center $44,292
Totals $49,406
Section 2. That the City Manager be and he is
hereby authorized to develop and execute
contracts with representatives from the
aforementioned organizations in accordance
with the program guidelines established for the
Community Partnership Program and with the
re9ulations of the Community Development
Block Grant Program.
Section 3. That upon execution of said
contracts, the City Manager is hereby authorized
and directed to disburse program funds in
support of the approved projects and in
accordance with the terms and conditions
established in said contracts.
Passed, approved and adopted this 5th day of
June 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 6-0.
Building Permit Moratorium - Southwest
Arterial: City Manager recommending approval
to extend the development moratorium in the
iowa 32 (Southwest Arterial) Corridor to July 1,
Regular Session, June 5, 2006
237
2007, presented and read. Cline moved that the
communication be received and filed. Seconded
by Connors. Motion carried 6-0.
An Ordinance Amending Chapter 11 (Buiidings
and Building Regulations) of the City of
Dubuque Code of Ordinances by amending
Section 11-58.3 to extend a moratorium on the
issuance of permits for work in the Iowa 32
(Southwest Arterial) corridor, presented and
read.
OFFICIAL PUBLICATION
ORDINANCE NO. 39-06
AN ORDINANCE AMENDING CHAPTER 11
(BUILDINGS AND BUILDING REGULATIONS)
OF THE CITY OF DUBUQUE CODE OF
ORDINANCES BY AMENDING SECTION 11-
58.3 TO EXTEND A MORATORIUM ON THE
ISSUANCE OF PERMITS FOR WORK IN THE
IOWA 32 (SOUTHWEST ARTERIAL)
CORRIDOR.
Whereas, the Iowa Department of
Transportation (IDOT) and the City of Dubuque
are engaged in a study of the Iowa 32
(Southwest Arterial) Corridor, which will include
the right-of-way acquisition for the preferred
alignment; and
Whereas, the City of Dubuque and IODT
desire to minimize potential development
conflicts during this study by extending the
moratorium for the Southwest Arterial Corridor.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 11 (Buildings and Building
Regulations) of the City of Dubuque Code of
Ordinances is hereby amended by amending
Section 11-58.3 as follows:
Section 11-58.3 Moratorium for permits in the
Iowa 32 (Southwest Arterial) Corridor.
The Buiiding Official shall not issue any permit
for any new construction or substantial
enlargement, alteration, repair or remodeling of
any structure, building, or sign in the Iowa 32
(Southwest Arterial) Corridor but not to include
demolition, as delineated on the attached
drawings, from the effective date of this Section
to July 1, 2007, except where a vested right to
the issuance of such permit accrued prior to the
effective date of this Section.
Section 2. This Ordinance shall take effect
upon publication, as provided by law.
Passed, approved and adopted this 5th day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 9th day of June, 2006.
Jeanne F. Schneider, City Clerk
1t6/9
Cline 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 6-0. Ciine moved final consideration and
passage of the Ordinance. Seconded by Lynch.
Motion carried 6-0.
Art on the River: City Manager recommending
approval of the 2006 Art on the River jury
selection for outdoor sculpture at the Port of
Dubuque, presented and read. Connors moved
that the communication be received and filed
and approved recommendation. Seconded by
Cline. Motion carried 6-0.
Amendment to Cable Franchise: City Manager
recommending approval of the first amendment
to the City's Cable Franchise Agreement
between the City of Dubuque and MCC Iowa,
LLC., presented and read. Cline moved that the
communication be received and tiled.
Seconded by Connors. Motion carried 6-0.
An Ordinance Approving an amendment to the
Cable Franchise Agreement between the City of
Dubuque, Iowa and MCC Iowa, LLC, presented
and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 40-06
APPROVING AN AMENDMENT TO THE
CABLE FRANCHISE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND MCC
IOWA, LLC
WHEREAS, on May 2, 2005, the City Council
adopted Ordinance No. 28-05 approving a Cable
Franchise Agreement between the City of
Dubuque, Iowa (City) and MCC Iowa, LLC
(Mediacom); and
WHEREAS, City and Mediacom now desire to
amend the Cable Franchise Agreement as set
forth in the attached First Amendment to Cable
Franchise Agreement.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The First Amendment to Cabie
Franchise Agreement, attached hereto, is
hereby approved.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved and adopted this 5th day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 10th day of June, 2006.
Jeanne F. Schneider, City Clerk
1t6/10
238
Regular Session, June 5, 2006
Cline 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 6-0. Cline moved final consideration and
passage of the Ordinance. Seconded by
Connors. Motion carried 6-0.
Unoccupied Residential Property: City
Manager recommending approval of an
ordinance prohibiting the keeping of cats or dogs
on unoccupied residential property, presented
and read. Braig moved that the communication
be received and filed. Seconded by Jones.
Motion carried 6-0.
An Ordinance Amending the City of Dubuque
Code of Ordinances, Chapter 7 Animais or Fowi,
by adopting a new Section 7-29 Prohibiting the
Keeping at Cats and Dogs on Unoccupied
Residential Property, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 41-06
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES, CHAPTER 7 ANIMALS OR
FOWL, BY ADOPTING A NEW SECTION 7-29
PROHIBITING THE KEEPING OF CATS AND
DOGS ON UNOCCUPIED RESIDENTIAL
PROPERTY
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 7 of the City of Dubuque
Code of Ordinances is hereby amended by
adopting the following new section:
7-29: Keeping of Cats or Dogs on Unoccupied
Residential Property Prohibited
The owner of unoccupied residential property
shall not keep or allow to be kept on the property
any cats or dogs. For purposes of this provision,
unoccupied shall mean that the property is not
the primary residence of the property owner or
any other occupant.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved and adopted this 5th day of
June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 1 a'" day of June, 2006.
Jeanne F. Schneider, City Clerk
1t6/10
Braig 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
6-0. Braig moved final consideration and
passage of the Ordinance. Seconded by Jones.
Motion carried 6-0.
COUNCIL MEMBER REPORTS
Connors stated that "Cabaret" was
outstanding. Jones urged everyone to vote June
6, 2006. Michalski commented on her recent
National League of Cities meeting in Wichita,
Kansas.
At 9:44 P.M. Cline moved to go into Closed
Session: Pending Litigation and Property
Acquisition - Chapter 21.5(1)(c)U) 2005 Code of
Iowa. Seconded by Braig. Motion carried 6-0.
At 10: 11 Council reconvened Regular Session
stating staff had been given proper direction.
There being no further business, Michalski
moved to adjourn. Seconded by Connors.
Motion carried 6-0. The meeting adjourned at
10:12 P.M.
/s/ Jeanne F. Schneider, CMC
City Cierk
11 6/14
Approved: 2006
2006
Council Members
/~
Regular Session, June 19, 2006
239
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, June 19, 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
properly come before the Councii.
Invocation was given by Rev. Matthew Harris,
Pastor of The Bridge Christian Church
Proclamation: Drum and Bugle Corps
Presentation of the Urban Pioneer Award from
The National Trust for Historic Preservation by
Dan LoBianco, Executive Director of Dubuque
Main Street
CONSENT ITEMS
Minutes and Reporis Submitted: Arts and
Cultural Affairs Advisory Commission of 4125'
City Council of 6/5; Human Rights Commissio~
of 5/8; Park and Recreation Commission of 5/9'
Zoning Advisory Commission of 617; Zoning
Board of Adjustment of 5/25, presented and
read. Cline moved that the minutes be received
and filed. Seconded by Michaiski. Motion carried
7-0.
Proofs of publication of City Council
Proceedings for May 15, 2006 and List of Claims
and. Summary of Revenues for month ending
Apnl 30, 2006, presented and read. Cline moved
that the proofs of publication be received and
filed. Seconded by Michalski. Motion carried 7-
O.
Notice of Claims/Suits: Deutsche Bank
National Trust Company vs. City of Dubuque, et
ai, presented and read. Cline moved that the
communication be received and filed and
referred to the City Attorney for
investigation/report. Seconded by Michalski.
Motion carried 7-0.
City Attorney advising that the following claim
has been referred to Public Entity Risk Services
of Iowa, the agent for the Iowa Communities
Assurance Pool: McDermott Excavating for
property damage, presented and read. Cline
moved that the communication be received and
filed and concurred. Seconded by Michalski.
Motion carried 7-0.
City Attorney recommending that the claim of
Leanne Horsfall for property damage be
approved and that the Finance Department be
directed to issue payment, presented and read.
Cline moved that the communication be
received and filed and concurred and Finance
Department to issue check. Seconded by
Michalski. Motion carried 7-0.
Legisiative Correspondence:
Communication (June 1, 2006) to Governor
Tom Vilsack encouraging him to veto the
eminent domain legislation, presented and read.
Cline moved that the communication be
received and filed. Seconded by Michalski.
Motion carried 7-0.
Communication (June 9, 2006) to Govemor
Tom Vilsack thanking him for his veto of House
File 2351, the eminent domain legislation
passed by the Iowa Legislature, presented and
read. Cline moved that the communication be
received and filed. Seconded by Michalski.
Motion carried 7-0.
Communication to local legislators
encouraging their opposition to efforts to
override Governor Vilsack's veto of House File
2351, the Eminent Domain Bill, presented and
read. Cline moved that the communication be
received and filed. Seconded by Michalski.
Motion carried 7-0.
Communication to Congressman Jim NUBsle
regarding the Communications Opportunity,
Promotion, and Enhancement Act (COPE) of
2006, presented and read. Cline moved that the
communication be received and filed. Seconded
by Michalski. Motion carried 7-0.
Communication to Senator Charies Grassley
regarding the Communications, Consumers
Choice, and Broadband Deployment Act of
2006, presented and read. Cline moved that
the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
Communication to Senator Tom Harkin
regarding the Communications, Consumers
Choice, and Broadband Deployment Act of
2006, presented and read. Cline moved that the
communication be received and filed. Seconded
by Michalski. Motion carried 7-0.
Hillcrest Family Services Agreement: City
Manager recommending approval of an
agreement with Hillcrest Family Services to use
Murphy Park for Reflections in the Park
presented and read. Cline moved that th~
communication be received and filed and
approved recommendation. Seconded by
MichalskI. Motion carried 7-0.
240
Regular Session, June 19, 2006
Purchase of Service Agreement with Project
Concern, Inc. - Foster Grandparent Program:
City Manager recommending approval of a
Purchase of Service Agreement with Project
Concern, Inc. in the amount of $5,598 for the
Foster Grandparent Program, presented and
read. Cline moved that the communication be
received and filed and approved
recommendation. Seconded by Michalski.
Motion carried 7-0.
Purchase of Service Agreement with the
Retired and Senior Volunteer Program: City
Manager recommending approval of a Purchase
of Service Agreement with the Retired and
Senior Volunteer Program in the amount of
$7,341, presented and read. Cline moved that
the communication be received and filed and
approved recommendation. Seconded by
Michalski. Motion carried 7-0.
Purchase of Service Agreement with Project
Concem, Inc. - Information and Referral and
Child Care Referral: City Manager
recommending approval of a Purchase of
Service Agreement with Project Concem, Inc. in
the amount of $25,069 for the Information and
Referral Program plus a payment of $8,833 for
the Child Care Referral Program, presented and
read. Cline moved that the communication be
received and filed and approved recom-
mendation. Seconded by Michalski. Motion
carried 7-0.
Purchase of Service Agreement with
Operation: New View: City Manager
recommending approval of a Purchase of
Service Agreement with Operation: New View in
the amount of $17,725, presented and read.
Cline moved that the communication be
received and filed and approved recom-
mendation. Seconded by Michalski. Motion
carried 7-0.
Purchase of Service Agreement with Helping
Services of Northeast Iowa, Inc.: City Manager
recommending approval of a Purchase of
Service Agreement with Helping Services of
Northeast Iowa, Inc. in the amount of $2,084,
presented and read. Cline moved that the
communication be received and filed and
approved recommendation. Seconded by
Michalski. Motion carried 7-0.
Purchase of Service Agreement with Greater
Dubuque Development Corporation: City
Manager recommending approval of a Purchase
of Service Agreement with Greater Dubuque
Development Corporation in the amount of
$167,828, presented and read. Cline moved that
the communication be received and filed and
approved recommendation. Seconded by
Michalski. Motion carried 7-0.
Purchase of Service Agreement with Dubuque
Main Street, Ltd.: City Manager recommending
approval of a Purchase of Service Agreement
with Dubuque Main Street, Ltd., in the amount of
$46,165, presented and read. Cline moved that
the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
Purchase of Service Agreement with Hills and
Dales: City Manager recommending approval of
the transfer of $2,083 of the Fiscal Year 2006
Dubuque Area lifeTime Center Purchase of
Service Agreement to Hills and Dales and
approval of the Purchase of Service Agreement
for Fiscal Year 2007 with Hills and Dales for
senior programs in the amount of $25,000,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Michaiski. Motion carried 7-0.
RESOLUTION NO. 235-06
RESCINDING THE DUBUQUE AREA
LIFETIME CENTER COMMUNITY DEVELOP-
MENT BLOCK GRANT AGREEMENT FOR
SENIOR PROGRAM AND SERVICES
BETWEEN THE DUBUQUE AREA LIFETIME
CENTER AND THE CITY OF DUBUQUE,
AUTHORIZING THE CITY MANAGER TO
NEGOTIATE A COMMUNITY DEVELOPMENT
BLOCK GRANT AGREEMENT BETWEEN
THE CITY OF DUBUQUE AND HILLS &
DALES, AND AUTHORIZING THE TRANSFER
OF THE FUNDS BALANCE FOR THE SENIOR
PROGRAM AND SERVICES TO HILLS &
DALES
Whereas, the City of Dubuque awarded the
Dubuque Area Lifetime Center $25,000 in
Community Development Block Grant (CDBG)
funds for the senior programs and services
pursuant to the Community Development Block
Grant Agreement dated July 1, 2005 between
the City of Dubuque and the Dubuque Area
lifeTime Center; and
Whereas, the Dubuque Area lifeTime Center
has dissolved and Hills & Dales has assumed
the programs and services of Dubuque Area
lifeTime Center effective June 1,2006; and
Whereas, Hills & Dales has requested the
balance of the CDBG grant be transferred to
Hills & Dales to provide the same services; and
Whereas, the Community Development
Advisory Commission has approved the request
at its June 8, 2006 meeting; and
Whereas, City Council has determined that the
transfer of funds is in the best interests of the
City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, AS FOLLOWS:
Regular Session, June 19, 2006
241
Section 1. The Community Development Block
Grant Agreement dated July 1, 2005 between
the City of Dubuque and the Dubuque Area
lifeTime Center for senior services and
programs is hereby rescinded and the remaining
CDBG funds allocated for such services and
programs under such Agreement shall be
allocated to Hills & Dales for such services and
programs, subject to the execution of an
agreement between the City of Dubuque and
Hills & Dales for such services and programs.
Section 2. The City Manager be and he is
hereby authorized to develop and execute a
grant agreement between the City of Dubuque
and Hills & Dales in the amount of $2083 in
accordance with the program guidelines and
regulations of the Community Development
Block Grant Program for the senior programs
and services commencing June 1, 2006.
Section 3. Upon execution of an agreement,
the City Manager is hereby authorized and
dinected to disburse program funds in support of
said project in accordance with the terms and
conditions established in the agreement.
Dated this 19th day of June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Purchase of Service Agreement with Dubuque
Area Labor Management Council: City Manager
recommending approval of a Purchase of
Service Agreement with Dubuque Area Labor
Management Council in the amount of $15,968,
presented and read. Cline moved that the
communication be received and filed and
approved recommendation. Seconded by
Michalski. Motion carried 7-0.
Purchase of Service Agreement with the
Dubuque Area Chamber of Commerce
Convention and Visitors Bureau: City Manager
recommending approval of a Purchase of
Service Agreement with the Dubuque Area
Chamber of Commerce Convention and Visitors
Bureau in the amount of $660,409, presented
and read. Jones moved that the communication
be received and filed and approved
recommendation. Seconded by Braig. Motion
carried 6-0 with Lynch abstaining.
Purchase of Service Agreement with
Washington Neighborhood Tool Library: City
Manager recommending approval of a Purchase
of Service Agreement with the Washington
Neighborhood Tool Library in the amount of
$15,500, presented and read. Cline moved that
the communication be received and filed and
approved recommendation. Seconded by
Michalski. Motion carried 7-0.
Purchase of Service Agreement with
Substance Abuse Services Center: City
Manager recommending approval of a Purchase
of Service Agreement with Substance Abuse
Services Center in the amount of $13,145,
presented and read. Cline moved that the
communication be received and filed and
approved recommendation. Seconded by
Michalski. Motion carried 7-0.
Purchase of Service Agreement with
America's River Corporation: City Manager
recommending approval of a Purchase of
Service Agreement with America's River
Corporation in the amount of $10,000, presented
and read. Cline moved that the communication
be received and filed and approved
recommendation. Seconded by Michalski.
Motion carried 7-0.
Northeast Iowa School of Music: City
Manager recommending approval of a grant
agreement with the Northeast Iowa School of
Music to provide music lessons for five children
as part of the Uptown Recreation Program,
presented and read. Cline moved that the
communication be received and filed and
approved recommendation. Seconded by
Michalski. Motion carried 7-0.
Dubuque County IS.U Extension: City Manager
recommending approval of a grant agreement
with Dubuque County ISU Extension to conduct
recreation programs as part of the Uptown
Recreation Program, presented and read. Cline
moved that the communication be received and
filed and approved. Seconded by Michalski.
Motion carried 7-0.
Four Mounds Foundation: City Manager
recommending approval of a grant agreement
with the Four Mounds Foundation to provide the
day camp program as part of the summer
Uptown Recreation Program, presented and
read. Cline moved that the communication be
received and filed and approved recom-
mendation. Seconded by Michalski. Motion
carried 7-0.
Fifth Street Reconstruction Project: City
Manager recommending award of the contract
for the Fifth Street Reconstruction Project to
Portzen Construction in the amount of
$1,024,519.20, presented and read. Cline
moved that the communication be received and
filed. Seconded by Michalski. Motion carried 7-
O.
RESOLUTION NO. 236-06
AWARDING CONSTRUCTION CONTRACT
FOR THE 5th STREET RECONSTRUCTION
PROJECT - DELHI STREET TO ALPINE
STREET
242
Regular Session, June 19, 2006
Whereas, sealed proposals have been
submitted by contractors for the 5'" Street
Reconstruction Project - Delhi Street to Alpine
Street pursuant to Resolution No. 198-06 and
notice to bidders published in a newspaper
published in the City of Dubuque, Iowa on the
19th day of May, 2006.
Whereas, said sealed proposals were opened
and read on the 8th day of June, 2006, and it has
been determined that the. bid of Portzen
Construction, Inc. of Dubuque, Iowa, in the
amount of $1 ,024,519.20 was the lowest bid for
the furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above 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 contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 19'h day of
June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 237-06
APPROVING CONSTRUCTION CONTRACT
WITH PORTZEN CONSTRUCTION FOR THE
5TH STREET RECONSTRUCTION PROJECT
- DELHI STREET TO ALPINE STREET
Whereas the City Council by Resolution No.
236-06 awarded the construction contract for the
5th Street Reconstruction Project - Delhi Street
to Alpine Street 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 19th day of
June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Dubuque Metropolitan Area Solid Waste
Agency: Dubuque Metropolitan Area Solid
Waste Agency submitting the draft Compre-
hensive Solid Waste Management Plan Update
and requesting City Council endorsement,
presented and read. Cline moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Michalski. Motion carried 7-0.
Stafford Street Sanitary Sewer Reconstruction
Project: City Manager recommending accept-
ance of the Stafford Street Sanitary Sewer
Reconstruction Project as completed by Fondell
Excavating, Inc. of Dubuque, Iowa, in the final
contract amount of $15,229.00, presented and
read. Cline moved that the communication be
received and filed. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 238-06
ACCEPTING THE STAFFORD STREET
SANITARY SEWER RECONSTRUCTION
PROJECT, FROM HIGH BLUFF TO LINCOLN
AVENUE
Whereas, the contract for the Stafford Street
Sanitary Sewer Reconstruction Project, from
High Bluff to Lincoln Avenue (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 Fiscal
Year 2006 Sanitary Sewer Construction Fund
appropriation for the contract amount of
$15,229.00 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 19th day of
June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 239-06
FINAL ESTIMATE
Regular Session, June 19, 2006
243
Whereas, the construction contract for the
Stafford Street Sanitary Sewer Reconstruction
Project, from High Bluff to Lincoln Avenue, has
been completed and the City Engineer has
submitted his final estimate showing the cost
thereof including the cost of estimates, notices
and inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby detennined to be $18,064.98 and the
said amount shall be paid from the Fiscal Year
2006 Sanitary Sewer Construction Fund of the
City of Dubuque, Iowa.
Passed, approved and adopted this 19th day of
June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
DME Filing: Iowa Department of
Transportation filing to the Surface
Transportation Board regarding the petition of
the Iowa, Chica90 and Eastern Railroad,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Michalski. Motion carried 7-0.
International Union of Operating Engineers:
City Manager recommending approval of the
collective bargaining agreement between the
City of Dubuque and the International Union of
Operating Engineers, Local #758, presented and
read. Cline moved that the communication be
received and filed. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 240-06
APPROVING THE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA, AND THE
INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL #758 AND
AUTHORIZING THE MAYOR TO SIGN THE
AGREEMENT
Whereas, the Sixty-Fifth General Assembly
adopted the Public Employment Relations Act,
Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is a public
employer within the meaning of Section 3 (1) of
the Public Employment Relations Act; and
Whereas, the International Union of Operating
Engineers, Local #758 is an employee
organization within the meaning of Section 3 (4)
of the Public Employment Relations Act; and
Whereas, the International Union of Operating
Engineers, Local #758, submitted a request to
bargain collectively on behalf of the employees
within its representation; and
Whereas, bargaining between the parties has
occurred and an agreement has been
concluded.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the tenns of the agreement be
approved and the Mayor authorized and directed
to sign the collective bargaining agreement.
Passed, approved and adopted this 19th day
of June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
409 Burch Street (Tabled on May 15, 2006):
City Manager submitting an update on the
rehabilitation of 409 Burch Street and
recommending that this ijem be tabied to July
17, 2006, presented and read. Cline moved
that the communication be received and filed
and tabled to 7/17/06. Seconded by Michalski.
Motion carried 7-0.
Amendment to Development Agreement for
Eagle Valley Subdivision: City Manager
recommending approval of an amendment to the
existing development agreement for the Eagle
Valley housing subdivision to allow construction
of single family homes on duplex lots, presented
and read. Connors moved that the
communication be received and filed and
approved recommendation. Seconded by Cline.
Motion carried 7-0.
Parking Enforcement Handheld Units: City
Manager recommending approval of the
replacement of five handheld parking
enforcement units at a cost of $29,780,
presented and read. Cline moved that the
communication be received and filed and
approved recommendation. Seconded by
Michalski. Motion carried 7-0.
Response and Deployment Study Contract:
City Manager recommending approval of a
contract with the Matrix Consulting Group for the
Fire Department's Response and Deployment
Study, presented and read. Cline moved that
the communication be received and filed and
approved recommendation. Seconded by
Michalski. Motion carried 7-0.
Subdividing of Lots - Dubuque Industrial
Center West Fifth Addition and Port of Dubuque:
City Manager recommending approval of the
subdividing of lots in the Dubuque Industrial
Center West and Port of Dubuque for projects
being done by Theisen Supply, Inc., Dubuque
Screw Products, Inc., and McGraw-Hili
Companies, Inc., presented and read. Cline
244
Regular Session, June 19, 2006
moved that the communication be received and
filed. Seconded by Michalski. Motion carried 7-
O.
RESOLUTION NO. 241-06
RESOLUTION APPROVING PLAT OF
SURVEY LOT 1 OF 2 AND LOT 2 OF 2,
DUBUQUE INDUSTRIAL CENTER WEST 5TH
ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a Plat of
Survey, Lot 1 of 2 and Lot 2 of 2, Dubuque
Industrial Center West 5th Addition in the City of
Dubuque, Iowa, dated May 24, 2006, prepared
by IIW Engineers and Surveyors, P.C.,
describing the property to be subdivided, a copy
of which is attached hereto (the Plat); and
Whereas, the Plat conforms to the laws and
statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Plat is hereby approved, and
the Mayor and City Clerk are hereby authorized
and directed to execute the Plat for and on
behalf of the City of Dubuque, Iowa.
Section 2. The City Clerk is hereby authorized
and directed to file the Plat and a certified copy
of this resolution in the office of the Recorder, In
and for Dubuque County, Iowa.
Passed, approved and adopted this 19th day
of June 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 242-06
RESOLUTION APPROVING PLAT OF
SURVEY LOT 1 OF 5 AND LOT 2 OF 5
DUBUQUE INDUSTRIAL CENTER WEST 5ill
ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a Plat of
Survey, Lot 1 of 2 and Lot 2 of 2, Dubuque
Industrial Center West 5'h Addition in the City of
Dubuque, Iowa, dated June 5, 2006, prepared
by IIW Engineers and Surveyors, P.C.,
describing the property to be subdivided, a copy
of which is attached hereto (the Plat); and
Whereas, the Plat conforms to the laws and
statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Plat is hereby approved, and
the Mayor and City Clerk are hereby authorized
and directed to execute the Plat for and on
behalf of the City of Dubuque, Iowa.
Section 2. The City Clerk is hereby authorized
and directed to fiie the Plat and a certified copy
of this resolution in the office of the Recorder, in
and for Dubuque County, Iowa.
Passed, approved and adopted this 19'h day of
June 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO, 243-06
RESOLUTION APPROVING PLAT OF
SURVEY LOT 1 OF 1 AND LOT 2 OF 1 OF
RIVERWALK SIXTH ADDITION, IN THE CITY
OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a Plat of
Survey, Lot 1 of 1 and Lot 2 of 1, of Rlverwalk
Sixth Addition in the City of Dubuque, Iowa,
dated June 15, 2006, prepared by WHKS& Co.,
describing the property to be subdivided, a copy
of which is attached here10 (the Plat); and
Whereas, the Plat conforms to the laws and
statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Plat is hereby approved, and
the Mayor and City Clerk are hereby authorized
and directed to execute the Plat for and on
behalf of the City of Dubuque, Iowa.
Section 2. The City Clerk is hereby authorized
and directed to file the Plat and a certified copy
of this resolution in the office of the Recorder, in
and for Dubuque County, Iowa.
Passed, approved and adopted this 19th day
of June 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Crime Victim Assistance Grant: City Manager
recommending approval of an Iowa Department
of Justice Domestic Violence Grant to be used
to support investigative overtime regarding
domestic violence investi9ations for the period
July 1, 2006 to June 30, 2007, presented and
read. Cline moved that the communication be
received and filed and approved recom-
mendation. Seconded by Michalski. Motion
carried 7-0.
Tobacco Compliance - Civil Penalties for
Tobacco Permit Holders: City Manager
recommending acceptance and approval of
AcknowledgemenVSettlement Agreements for
Oky Doky, Inc., 2010 Kerper Blvd, for their first
tobacco violation and Clarke Retail Enterprises,
700 Rhomberg Avenue, for their second tobacco
violation, presented and read. Cline moved that
the communication be received and filed and
Regular Session, June 19, 2006
245
approved recommendation. Seconded by
Michalski. Motion carried 7-0.
Economic Development Administration -
Amendment #4: City Manager recommending
approval of Amendment #4 to the contract with
the Economic Development Administration on
the Adams Company property project, presented
and read. Cline moved that the communication
be received and filed. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 244-06
A RESOLUTION AUTHORIZING THE
EXECUTION OF PROJECT AMENDMENT #4
TO A CONTRACT WITH THE ECONOMIC
DEVELOPMENT ADMINISTRATION
Whereas, the City Council of Dubuque has
approved a contract with the Economic
Deveiopment Administration (EDA) for a $2
Million grant to assist in the acquisition of
property owned by the Adams Company in the
Port of Dubuque, relocation of the Company,
and demolition of the existing facility; and
Whereas, contract will expire on June 25,
2006; and
Whereas, the City and the Historical Society
need additional time to prepare for the reuse of
the existing buildings, and
Whereas, the City has requested and EDA has
provided a proposed six month extension of time
for the completion of the project and EDA has
submitted Project Amendment No. 4 of the
contract to the City for approval.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Project
Amendment #4 with EDA extending the
completion date to December 25, 2006 is hereby
approved.
Section 2. That the Mayor is hereby authorized
to execute and the City Manager is hereby
directed to submit said Project Amendment #4 to
the Economic Development Administration.
Passed, approved, and adopted this 19th day
of June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Encephalitis Monitoring Memorandum of
Understanding: City Manager recommending
approval of a Memorandum of Understanding
between the Iowa Department of Public Health
and the City of Dubuque for services related to
Encephalitis I West Nile disease monitoring,
presented and read. Cline moved that the
communication be received and filed and
approved recommendation. Seconded by
Michalski. Motion carried 7-0.
Environmental Stewardship Advisory
Commission: Communication from the
Environmental Stewardship Advisory Com-
mission requesting City Council approval and
concurrence on the results of the Commission's
goal setting process, presented and read. Cline
moved that the communication be received and
filed and referred to the City Manager.
Seconded by Michalski. Motion carried 7-0.
Historic Preservation Commission: Commu-
nication from Jim Gibbs advising that he does
not plan to pursue another term on the Historic
Preservation Commission, presented and read.
Cline moved that the communication be
received and filed. Seconded by Michalski.
Motion carried 7-0.
Dubuque Metropolitan Area Transportation
Study (DMATS): Communication from Mayor
Roy D. Buol, Chairperson of the Dubuque
Metropolttan Area Transportation Study. to the
Surface Transportation Board in support of the
City of Dubuque's opposition to Petition of Iowa,
Chicago & Eastern Rail Corporation to reopen
and partially modify conditions of Finance
Docket No. 34177 and Finance Docket No.
34178, presented and read. Cline moved that
the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
Iowa Department of Transportation: City
Manager recommending approval of the Iowa
Department of Transportation's five year primary
road maintenance agreement, presented and
read. Cline moved that the communication be
received and filed and approved
recommendation. Seconded by Michalski.
Motion carried 7-0.
Federal Building Lease Agreement: City
Manager recommending approval of a lease
agreement with the United States Postal Service
and Senator Tom Harkin's office for space in the
Federal Building as a prerequisite to the City
taking ownership of the Federal Building,
presented and read. Ciine moved that the
communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 245-06
RESOLUTION AUTHORIZING A TEMPORARY
LEASE TO THE GENERAL SERVICES
ADMINISTRATION ON BEHALF OF THE
UNITED STATES POSTAL SERVICE AND
SENATOR HARKIN'S OFFICE FOR SPACE IN
THE FEDERAL BUILDING IN THE CITY OF
DUBUQUE
Whereas, certain real property owned by the
United States, located in the County of
Dubuque, State of Iowa, has been declared
surplus and at the discretion of the Administrator
246
Regular Session, June 19, 2006
of General Services, will be conveyed for historic
monument purposes to the City of Dubuque on
or around July 1, 2006, said property more
particularly described as follows:
Federal Building, 350 W. 6th Street, Dubuque,
Iowa
1.09 acres
GSA Control Number 7-G-IA-0495-1
Whereas, the City of Dubuque needs and will
utilize said property in perpetuity for historic
monument purposes as set forth in its
application and in accordance with the
requirements of said Act and the rules and
regulations promulgated thereunder; and
Whereas, the City of Dubuque is authorized,
willing and able to lease space in this building;
and
Whereas the General Services Administration
has mandated a temporary lease attached as
Exhibit A on behalf of the Federal offices
currentty located in this building; and
Whereas, a federal office lease must be
approved prior to the transfer of this property to
the City of Dubuque; and
Now, therefore be it resolved by the City
Council of Dubuque, Iowa that the Mayor is
authorized to sign the attached lease noting the
following specific concerns with the lease
language;
a) The main lobby area on the first floor of the
building is utilized by the United States Postal
Service but is not included in the lease price as
requested by the City, but It is intended to
require compensation for this space in future
leases.
b) Future negotiated leases will reflect a triple
net cost to include costs of property taxes and
utilities.
c) Future leases will require the lessee to
provide cleaning services for leased space.
Passed, approved and adopted this 19th day
of June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Federal Building Request for Proposals: City
Manager recommending approval of a Request
for Proposals to provide architectural and
engineering services for the Federal Building,
presented and read. Cline moved that the
communication be received and filed and
approved recommendation. Seconded by
Michalski. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 246-06
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
50 RENEWALS
DDA Enterprises Inc.
2600 Central
Waseem Choudhry
1998 Jackson St
Bartinis on Main
253 Main St
Beecher Company Inc
1691 Asbury Rd
Cooper Management
299 Main
Bootlegge~s Pub Inc
1689 Elm St
Bulldog Billiards
1850 Central Av
Casey's Marketing
2699 Rockdale Rd
Casey's Marketing
4003 Peru Rd
Shreeji Services
700 Rhomberg Av
William Kramer
900 Main St
Jeff A. Streinz
2175 Central Av
Cindy Oliver
555 JFK RD.
DBQ Greyhound Park/Casino Dubuque
Racing Assoc 1855 Greyhound Prk
Family Mart Family Mart Inc.
3201 Central Av
Hy-Vee Inc.
3500 Dodge St
Hy-Vee, Inc.
3500 Dodge St
Hy-Vee Inc.
2395 NW Arterial
Hy-Vee Inc.
2435 NW Arterial
Hy-Vee Inc.
400 S Locust St
Hy-Vee Inc.
300 S Locust St
Hammerheads
2095 Kerper Blv
Hartig Drug Co. Inc
157 Locust St
Harti9 Drug Co. Inc
2255 JFK Rd
Hartig Drug Co. Inc
2225 Central Av
Hartig Drug Co. Inc
1333 Delhi St
K-Mart Corp
2600 Dodge St
Rainbo Oil
2150 Twin Valley Dr
A & B Tap
AW.N. Stop Mart
Bartinis
Beecher Company
Bricktown
Bootlegge~s Pub
Bulldog Billiards Sports Bar
Sports Bar
Casey's General Store
Casey's General Store
Clark of Dubuque
Cue Masters Billiards
Dubuque Discount Gas # 2
Dubuque Mining Co
Hy-Vee # 1
Hy-Vee Wine & Spirits
Hy-Vee # 2
Hy-Vee Gas # 2
Hy-Vee # 3
Hy-Vee Gas # 3
Hammerheads Bar & Billiards
Inc
Hartig Drug # 2
Hartig Drug # 3
Hartig Drug # 4
Hartig Drug # 8
K-Mart # 4018
Keywest Conoco
Regular Session, June 19, 2006
247
Knickers Saloon Curtis Gerhard
2186 Central Av
Kwik Stop Rainbo Oil
2255 Kerper Blvd
Kwik Stop Rainbo Oil
2390 Central Av
Kwik Stop Rainbo Oil
2320 Hwy 61
Kwik Stop Rainbo Oil
2335 University Av
Kwik Stop Rainbo Oil
1401 Central Av
Kwik Stop Rainbo Oil
4039 Pennsylvania
Lucky 13 Dave Erickson
385 E. 13th St
McCann's Service McCann's Service Inc.
690 W. Locust
Oky Doky # 8 Hill Street Plaza
535 Hill St
Paro Foods Sahajanand Enterpr.
3200 Central Av
Plaza 20 BP/ Amoco R Future
2600 Dodge St
Ron's Discount Smokes/Beverage RKM LLC
1701 JFK Rd
Sid's Beverage Beverly Miller
2727 Dodge St
Tobacco Outlet Plus # 504 Kwik Trip Inc.
806 Wacker Dr
Tobacco World Iowa Potatoe/Produce Hs
3341 Hillcrest Rd
Walgreen's # 6154 Walgreen Co.
2260 JFK Rd
Walgreen's # 9708 Walgreen Co.
55 JFK Rd
Wal-Mart Supercenter # 2004 Wal-Mart Store
Inc 4200 Dodge St
West Locust Mart Lee W. Potter
408 W. Locust
Whiskey River Chad Streff
1064 University Av
White House Tap David Hoffman
450 W Locust St
Passed, approved and adopted this 19th day
of June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 247-06
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
Permi!.
CLASS"B" BEER
Legionnaires Drum & Bugle Corp Colts
Community Center+(Sunday Sale)
1101 Central
CLASS "C" BEER PERMIT
Hy-Vee Inc. Hy-Vee Wine & Spirits "A"
3500 Dodge
Passed, approved and adopted this 19th day
of June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 247-06
Whereas, appfications 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
(5-Day Special Event)
DBQ Area Labor Mgmt Council DBQ
Area Labor Mgmt Council own Clock
CLASS "C" BEER/LIQUOR LICENSE
SMG Food & Beverage LLC Five Flags Center+
(Sunday Sale) 405 Main 5t
Tom Koch, Inc Paul's Tavern+
(Sunday Sale) 176 Locust St
Diamond Jo, LLC Diamond Jo Casino+
(Sunday/Outdoor Sale) 400 E. 3" St
DBQ American Legion American Legion # 6+
(Sunday Sale) 1306 Delhi St
Cooper Management Bricl<town Brewery
(Outdoor Sale) 299 Main Street
CLASS "B" WINE
Hy-Vee, Inc Hy-Vee Wine & Spirits "A"
3500 Dodge St
. Passed, approved and adopted this 19th day
of June, 2005.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Regular Session, June 19, 2006
248
Para-Transit Rate Increase: City Manager
recommending that a public hearing be set for
July 5, 2006 to consider a para-transit rate
increase, presented and read. Cline moved that
the communication be received and filed and
set public hearing for 7/5/06 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.
Northwest Arterial Phase 1 - Bike/Pedestrian
Trail Project: City Manager recommending
initiation of the bidding process for the
Northwest Arterial Phase 1 - Bike/Pedestrian
Trail Project and that a public hearing be set for
Juiy 17, 2006, presented and read. Cline moved
that the communication be received and fiied.
Seconded by Lynch. Motion canied 7-0.
RESOLUTION NO. 249-06
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 Northwest
Arterial Hike-Bike Trail - Phase 1 Project in the
estimated amount of $251,145.18 are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, approved and adopted this 1 g'h day of
June, 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. 250-06
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preiiminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Cierk for public inspection
of the Northwest Arterial Hike-Bike Trail - Phase
1 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 17'h
day of July, 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 iess than four days nor more
than twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, approved and adopted this 19'h day of
June, 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. 251-06
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Northwest Arterial Hike-Bike Trail -
Phase 1 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 6'h day of July, 2006. Bids shall be opened
and read by the City Cierk at said time and will
be submitted to the Council for final action at
6:30 p.m. on the 17'h day of July, 2006.
Passed, approved and adopted this 19'h day of
June, 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.
Ham House Painting Project: City Manager
recommending in~iation of the bidding process
for the Ham House Painting Project and that a
pubiic hearing be set for July 17, 2006,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Lynch. Motion carried 7-0.
RESOLUTION NO. 252-06
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 Paint the
Regular Session, June 19, 2006
249
Ham House Trim Project, in the estimated
amount of $33,000, are hereby approved and
ordered filed in the office of the City Clerk, for
public inspection.
Passed, approved and adopted this 19th day
of June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 253-06
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 Paint the Ham House Trim Project.
NOW. THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that on the 17th day of July,
2006, a public hearing wili 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 19th day
of June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 254-06
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL OF
THE CiTY OF DUBUQUE, IOWA:
That the Paint the Ham House Trim 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 pubiished
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 6th day of July, 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 17th day of July, 2006.
Passed, approved and adopted this 19th day
of June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, 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
Commission: Park and Recreation Advisory
Commission (One 3-year term through 6/30109-
Term of Duggan) Appficant: Chuck Duggan
No one spoke.
Appointments to the following Boards /
Commissions:
Historic Preservation Commission (Three 3-
year At-Large terms through 7/1109 [terms of
Loney-Bichell, Gibbs, Olson] and one 3-year
Cathedral District term through 7/1/09 [term of
Coty])
Applicants: At-Large - Mary Loney-Bichell,
Matthew Lundh and Chris Olson; Cathedral
District - Michael Coty. Connors moved that
Mary Loney Bichell, Chris Olson and Michael
Coty be reappointed and Matthew Lundh
appointed to three year terms on the Historic
Preservation Commission for terms that will
expire 7/1/09. Seconded by Braig. Motion
carried 6-1 with Cline voting Nay.
Investment Oversight Commission (Two 3-
year terms through 7/1/09 - terms of Lassance
and Melendez) Applicants: Paul Lassance,
Hiram Melendez
Michalski moved that Paul Lassance and
Hiram Melendez be reappointed to three year
terms which will expire 7/1/09. Seconded by
Connors. Motion carried 7-0.
Long Range Planning Advisory Commission
(Two 3-year terms through 7/1/09 - terms of
Neumeister, Stein) Applicants: Dr. Mary Lynn
Neumeister, Richard Stein Michalski moved
that Dr. Mary Lynn Neumeister and Rick Stein
be reappointed to three year terms on the Long
Range Planning Advisory Commission which will
expire 7/1/09. Seconded by Connors. Motion
carried 7-0.
Zoning Advisory Commission (Two 3-years
terms through 7/1/09 - terms of Bichell and
Hardie)
Applicants: Kenneth Bichell, Stephen Hardie,
Matthew Lundh, Charles Milier
250
Regular Session, June 19, 2006
Vote on the appointments was as follows:
Braig voted for Bichell and Hardie. Buol voted
for Bichell and Miller. Cline voted for Hardie and
Miller. Connors voted for Bichell and Hardie.
Jones voted for Bichell and Miller. Lynch voted
for Hardie and Miller. Michalski voted for Bichell
and Hardie. Therefore, Kenneth Bichell and
Stephen Hardie were reappointed to three year
terms on the Zoning Advisory Commission
which will expire 7/1/09.
PUBLIC HEARINGS
Michalski moved to suspend the rules to allow
anyone present to address the Council.
Seconded by Braig. Motion carried 7-0.
Durrant Group / Richard Davison - Request to
Rezone: Proof of publication on notice of
hearing to consider a request from Durrant
Group / Richard Davison to rezone property
located at 593 Hill Street from R-2A Alternate
Two-Family Residential District to C-2
Neighborhood Shopping Center District and
Zoning Advisory Commission recommending
approval, presented and read. Connors moved
to receive and file the proof and communication.
Seconded by Jones. Motion carried 7-0.
Pat Norton, The Durrant Group ciarified the
rezoning request and spoke in support of the
change.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying property located
at 593 Hill Street from R-2A Alternate Two-
Family Residential District to C-2 Neighborhood
Shopping Center District, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 42-06
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 593 HILL
STREET FROM R-2A ALTERNATE TWO-
FAMILY RESIDENTIAL DISTRICT TO C-2
NEIGHBORHOOD SHOPPING CENTER
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-2A
Alternate Two-Family Residential Zoning District
to C-2 Neighborhood Shopping Center District;
to wit:
Lot 2-1-2 of City Lot 735 and Lot 1-2-1-37
Kelly Subdivision, and to the centerline of the
adjoining pubiic 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 19th day of
June 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 24th day of June, 2006.
Jeanne F. Schneider, City Clerk
1t6/24
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 Braig.
Motion carried 7-0.
Harold and Jocille Weber - Request to
Rezone: Proof of publication on notice of
hearing to consider a request from Harold and
Jocille Weber to rezone property located at 210
Jones Street from LI Light Industrial District to C-
4 Downtown Commercial District 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.
Randy Weber, 535 South Grandview Avenue,
spoke in support of the requested rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying property located
at 210 Jones Street from LI Light Industrial
District to C-4 Downtown Commercial District,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 43-06
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 210 JONES
STREET FROM LI LIGHT INDUSTRIAL
DISTRICT TO C-4 DOWNTOWN COMMER-
CIAL 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 LI Light
industrial District to C-4 Downtown Commercial
District; to wit:
Regular Session, June 19, 2006
251
Lots 1 & 2 City Lot 541, City Lot 542, and Lots 1
& 2 Subdivision 2 City Lot 543 and Lot A
vacated Shields Street and Lot 2 Subdivision D
vacated Shields Street, and to the centerline of
the adjoining public right-of-way, ali 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 19'h day of
June 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 24"' day of June, 2006.
Jeanne F. Schneider, City Clerk
11 6/24
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 ~ is to be finally passed be
suspended. Seconded by Connors. Motion
carried 7-0. Michaiski moved final consideration
and passage of the Ordinance. Seconded by
Lynch. Motion carried 7-0.
Wendell Corey, Motor City LLC - Request to
Rezone: Proof of publication on notice of
hearing 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 Pianned Commercial designation in
conjunction with annexation to the City of
Dubuque and Zoning Advisory Commission
recommending approval, presented and read.
Connors moved that the proofs and
communication be received and filed. Seconded
by Michalski. Motion carried 7-0.
Wendell Corey, Mason City, lA, requested the
continuation of the existing PUD for the property
proposed for rezoning and annexation.
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.
OFFICIAL PUBLICATION
ORDINANCE NO. 44-06
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED NORTH OF
PLAZA DRIVE FROM COUNTY A-1
AGRICULTURAL DISTRICT TO CITY OF
DUBUQUE PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A PC
PLANNED COMMERCIAL DESIGNATION
AND ADOPTING A CONCEPTUAL
DEVELOPMENT PLAN CONCURRENT WITH
ANNEXATION FOR MOTOR CITY, LLC
Whereas, Motor City, LLC, property owner,
has requested rezoning concurrent with
annexation to the City of Dubuque in
accordance with Section 2-3 of Appendix A
(Zoning Ordinance) of the City of Dubuque Code
of Ordinances; and
Whereas, this request has been found to be
consistent with the Comprehensive Plan and
Future Land Use Map of the Comprehensive
Plan.
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 C~ of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter-described property from
Dubuque County A-1 Agricultural to City of
Dubuque PUD Planned Unit Development with a
PC Planned Commercial designation, and
adopting a conceptual development plan, a copy
of which is on file with the City of Dubuque
Planning Services Department, for property
legally described to wit:.
West Yo of the NW Y. of the NE Y. of Section 17,
Township 89N, R2E, east Yo of the NW Y. of the
NE y. of Section 17, T89N, R2E; Northeast Y. of
the NE Y. of Section 17, T89N, R2E, and to the
centerline 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 cond~ion of this
zoning reclassification, the undersigned property
owner(s) agree to the following conditions, all of
which the property owner further agrees are
reasonable and imposed to satisfy the publiC
needs that are caused directly by this zoning
reclassification.
Definitions
1. Building-related features: Building-related
features are defined as all constructed 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 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
252
Regular Session, June 19,2006
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.
f. Fire lanes.
3. Open space features: Open space features
are defined as those exterior areas and
developed features of the lot. These include:
a. Landscape space containing lawn areas and
plantings.
b. Paved, hard surfaced pedestrian areas such
as walkways, plazas, entryways and courtyards.
e.Surface storm water detention areas not
otherwise used for building-related or vehicle
related purposes.
d. Open recreation areas and recreation
trail.
e. Other non-building and non-vehicular
related space.
Use Regulations
The following regulations shall apply to all land
uses in the above-described PUD District:
1. Principal permitted uses shall be limited to:
a. Retail sales/services [17]
b. General office [14]
c. Indoor restaurant [20]
d. Drive-in/carry-out restaurant [28J
e. Gas station [18]
f. Bank/savings and loans and credit unions
[31J
g. Indoor recreation [37]
h. Schools of private instruction [4]
i. Self-service car wash [8J
j. Full-service car wash [8]
k.Outdoor recreation [37]
I. Auto sales and service [38]
m. Auto service centers [34]
n. Auto repair/body shop [35]
o. Motorcycle sales/service [41]
p. Truck sales/service/repair [39]
q. Recreation vehicle sales/service [38]
r. Business services [29]
s. Office supply [19]
I. Lumberyards/building material sales [19]
u. Construction supplies, sales and service
[19]
v. Moving/storage facilities [33]
w. Contractor shoplyard [33]
x. Wholesale sales/distributor [29]
y. Warehousing and storage facilities [33]
z. Freight transfer facilities [44]
aa. Agricultural supply sales [19J
bb. Mini-warehousing [47]
cc. Processing or assembly [33J
dd. Landscaping services (not including retail
sales as primary use) [29]
[ ] Parking Group - see Section 4-2 of the
Zoning Ordinance
Conditional uses shall be limited to the following:
a. Day care center, within a primary
office/commercial building or as a stand-alone
structure. Day care centers are subject to state
and local regulations.
1. Indoor floor area (excluding halls and
bathrooms) must be provided per child in areas
occupied by cribs as per State Code.
2. Indoor floor area (excluding halls and
bathrooms) must be provided per child in areas
not occupied by cribs times the licensed
capacity as per State Code.
3. Fenced outdoor recreation space must be
provided per child using the space at a given
time as per State Code.
4. Such facility shall provide for the loading
and unloading of children so as not to obstruct
public streets or create traffic or safety hazards.
5. All licenses have been issued or have
been applied for awaiting the outcome of the
Board's decision.
6. No group day care center may be located
within the same structure as any gas station,
barltavem, automated gas station or any facility
selling servicing, repairing or renting vehicles.
7. The parking group requirements can be
met [8].
8. The conditional use applicant certifies that
the premises on which the group day care
center will be located complies with, and will for
so long as the group day care center is so
located, continue to comply with all local, state,
and federal regulations governing hazardous
substances, hazardous waste and hazardous
materials, including, but not limited to Iowa Code
Chapter 455B (1991); 42 U.S.C. Section 9601 of
the Federal Comprehensive Environmental
Response Compensation and Liability Act; 40
C.F.R. section 3-2.4; and Section 302 of the
Superfund Amendments and Reauthorization
Act of 1986; and
9. If the applicant is subject to the
requirements of Section 302 of the Superfund
Amendments and Reauthorization Act of 1986,
the Emergency Management Director shall
certify whether or not the applicant has
submitted a current inventory of extremely
hazardous substances kept or stored on the
premises. If any such extremely hazardous
substances are kept or stored on the premises,
the applicant shall also post in a conspicuous
place on the premises a notice indicating a
description of the extremely hazardous
substances, and the physical and health
hazards presented by such substances.
3. Accessory uses shall be limited to any use
customarily incidental and subordinate to the
principal use it serves.
4. Temporary uses shall be limited to any use
listed as a permitted use within the PUD District
of a limited duration, as established in Section 2.
5.3 and as defined in Section 8 of the Zoning
Ordinance.
Regular Session, June 19, 2006
253
C. Lot and Bulk Regulations
Development of land in the PUD District shall
be regulated as follows:
1. All building-related features shall be in
accordance with the following lot and bulk
regulations:
a. Maximum lot coverage shall be limited to
85% of the total lot area. All building and
vehicle-related features shall be considered
when calculating total land coverage.
b. Maximum building height shall be 60 feet,
except the following may exceed the height limit:
cooling towers, condensers, elevator bulkheads,
stacks and other necessary mechanical
equipment and their protective housing. HVAC
equipment is limited to 10 feet above 60 feet
limitation subject to the provisions of adequate
screening.
c.Setbacks for buildings shall be as established
for the C-3 General Commercial District, set
forth in Section 3-3.3 of the Zoning Ordinance.
d. Par1<ing lots fronting on a public or private
street(s) shall be set back ten (10) feet from the
adjacent right-of-way(s).
D. Parking Regulations
1. All vehicle-related features shall be surfaced
with either asphalt or concrete.
2. Curbing and proper surface drainage of
storm water shall be provided.
3. All parking and loading spaces shall be
delineated on the surfacing material by painting
stripes and other permanent means. .
4. No on-street parking shall be allowed on
streets within this PUD.
5. The number, size and design of parking
spaces shall be governed by applicable
provisions of City of Dubuque Code of
Ordinances in effect at the time of development
of the lot.
6. The number, size, design and location of
parking spaces designated for persons with
disabilities shall be according to the local, state
or federal requirements in effect at the time of
development of the lot.
7. The location and number of private driveway
intersections with public streets shall be
established by the City of Dubuque.
E. Landscaping Regulations
1. Piant Materials: The open space area of
each lot shall be planted with permanent lawn
and ground covers, such as shrubs and trees. It
is the intent of these regulations that the
development of required open spaces shall
reflect a high quality of environmental design.
The following provisions shall apply to each lot.
a. Landscape plans are required as part of
submittals for site plan review. Landscape plans
are to include type, number and size of
proposed plantings. As a minimum, the
submitted landscape plan should include the
following:
1. For every one (1) acre of lot size, four (4)
trees shall be required with a minimum of eight
(8) trees required for lots two (2) acres or less.
Each required tree shall be at least 1 II, -2"
caliper diameter deciduous andlor six foot high
evergreen at planting.
2. Parking areas located adjacent to right-of-
way shall be screened with a combination of
trees, shrubs or berms to provide a landscape
screen of 50% opacity and three feet in height
within three years of planting.
2. All exposed soil areas remaining after the
construction of building and vehicle-related
features shall be planted with a permanent
ground cover to prevent erosion. Within one
year following completion of construction, or by
the date that a building is issued an occupancy
certificate by the Building Services Department
of the City of Dubuque, whichever occurs first,
required landscaping shall be installed.
3. The owner shall replant any and all plant
materials which have died due to any cause
during the effective period of this PUD
Ordinance.
F. Sign Regulations
1. The provisions of Section 4-3 (Sign
Regulations) of the Zoning Ordinance shall
apply unless further regulated by this section.
2. Wall-mounted signs:
a. Total aggregate square footage of wall-
mounted signs is based on 15 percent of the
front building wall area. Corner lots shall be
allowed additional aggregate square footage
based on five percent (5%) of the side building
wall area.
b. Number of signs: Maximum four (4) per
building. No more than three (3) building walls
shall have wall-mounted signs.
c. Below eave or parapet.
3. Freestanding signs:
a. Total allowed square footage: 100 square
foot
b. Maximum number: 1
c.Maximum height: 25 feet
4. Variance requests from sign requirements
for size, number and height shall be reviewed by
the Zoning Board of Adjustment in accordance
with Section 5-3 of the Zoning Ordinance.
5. Lighting: Signs may be illuminated only by
means of indirect lighting whereby all light
sources and devices are shielded from view by
opaque or translucent materials, or intemally
illuminated by means of a light source
completely enclosed by the sign panel.
6. Motion: No signs may include any device or
means, mechanical, electrical or natural, which
shall cause motion of the sign panel or any part
thereof. No flashing lights or changing colors
shall be allowed.
G. Performance Standards
The development and maintenance of uses in
this PUD District shall be established in
254
Regular Session, June 19, 2006
conformance with Section 3-5.5 of the Zoning
Ordinance and the foliowing standards:
1. Site Lighting:
a. Exterior iliumination of site features shali be
limited to the iliumination to of the foliowing:
1. Parking areas, driveways and loading
facilities.
2. Pedestrian walkway surfaces and
entrances to the building.
3. Screened storage areas.
4. Building exterior.
b. Location and Design:
1. AIi exterior lighting shali be designed,
instalied and maintained so as not to cause
glare or to shine into adjacent lots and streets.
2. AIi exterior lighting luminaries shali be
designed and instalied to shield light from the
luminaire at angles above 72-degrees from
vertical.
3. A lighting plan shali be included as part
of the s~e plan submittals that indicates types of
lights used and ground light pattem for lighting
of building and parking-related features.
4. Fixtures mounted on a building shali be
positioned no higher than the roofiine of the
building.
5. Wooden utility-type poles are acceptable
only for temporary use during construction.
6. AIi electrical service lines to posts and
fixtures shali be underground or concealed
inside the posts.
Utility Locations:
a. Service lines: AIi electricai, telephone, cable
and other similar utility lines serving the building
and other site features shall be located
underground.
b. Mechanical Equipment: AIi air conditioning
units, heat pumps and other similar mechanical
equipment, not including roof-mounted
mechanical equipment shali be screened from
view. Mechanical equipment shali be screened
in such a manner that it wili appear to be an
integral part of the building's overali architectural
design. Wooden fencing of at least 50%
opacity, masonry walis or plantings may be used
to visualiy screen mechanical equipment.
c.Exterior trash coliection area shali be
located in rear or side yards only.
d. AIi exterior trash coliection areas and the
materials contained therein shali be visualiy
screened from view. The screening shali be
wood or masonry fence, wali or other feature not
exceeding a height of seven (7) feet measured
from the ground level outside the line of the
screen. Screens built on sloping grades shali be
stepped so that their top line shali be horizontal.
All exterior entrances to a screened trash area
shali be provided with a gate or door of similar
design to that of the screen unless located in a
service area not visible to the general public.
If a seven-foot high screen fails to shield the
exterior trash collection area from view from
points inside or outside of the property,
evergreen plantings may be required in addition
to the screening. Evergreen plant materials
shali be selected and designed so that they will
screen the area from ali off-site visibility within
five years.
4. Other Codes and Regulations:
a. Outdoor sales are regulated through the
temporary use permit process.
b. The use of semi-trailers and shipping
containers for storage is prohibited.
c.Operations within enclosed buildings: AIi
operations and activities shali be conducted
within completeiy enclosed buildings, except: (1)
off-street parking and loading; and (2) recreation
facilities.
d. These regulations do not relieve the owner
from other applicable city, county, state or
federal codes, regulations, laws or other controls
relative to the planning, construction, operation
and management of property within the C~ of
Dubuque.
H. Transfer of Ownership
Transfer of ownership or lease of property in this
PUD District shali include in the transfer or lease
agreement a provision that the purchaser or
lessee acknowledges awareness of and agrees
to comply with the conditions authorizing the
establishment of the PUD District.
I. Modifications
Any modifications of this Ordinance must be
approved by the City Council in accordance with
zoning reclassification proceedings of Section 6
of the Zoning Ordinance.
J.Recording
A copy of this ordinance shali 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 10 days after the
adoption of this ordinance. This ordinance shali
be binding upon the undersigned and hislher
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. This ordinance shali take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 19th day
of June 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 44-06
I, Wendeli Corey, representing Motor City,
LLC, property owner, having read the terms and
conditions of the foregoing Ordinance No. 44-06
and being familiar with the conditions thereof
hereby accept the same and agree to the
conditions required therein.
Dated this 15th day of June 2006.
Regular Session, June 19, 2006
255
/s/ Wendell Corey
Published officially in the Telegraph Herald
newspaper this 25th day of June, 2006.
Jeanne F. Schneider, City Clerk
1t6/25
Connors moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended. Seconded by Michalski. Motion
carried 7-0. Connors moved final consideration
and passage of the Ordinance. Seconded by
Jones. Motion carried 7-0.
Dean and Patricia Butler - Request to Rezone:
Proof of publication on notice of hearing 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 be rezoned R"2 Two-Family
Residential District, presented and read.
John Herrig, 13750 Surrey Lane, representing
Dean and Patricia Butler, stated the applicants
were agreeable to the R-2 Two-Family
Residential designation.
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
A1 Agricultural District to City R-2 Two-Family
Residential District, concurrent with annexation,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 45-06
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED 13518 DERBY
GRANGE ROAD FROM DUBUQUE COUNTY
A-1 AGRICULTURAL DISTRICT TO CITY OF
DUBUQUE R-2 TWO-FAMILY RESIDENTIAL
DISTRICT, CONCURRENT WITH
ANNEXATION
Whereas, Dean and Patricia Butler, property
owners, have requested rezoning concurrent
with annexation to the City of Dubuque in
accordance with Section 2-3 of Appendix A (The
Zoning Ordinance) of the City of Dubuque Code
of Ordinances; and
Whereas, this request has been found to be
consistent with the Comprehensive Plan and the
Future Land Use Map of the Comprehensive
Plan.
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
Dubuque County A-1 Agricultural to City of
Dubuque R-2 Two-Family Residential District,
to wit:
Lot 2 Butler's Hill Second Addition, all in
Dubuque County, 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, and at such time that the herein described
property is legally annexed into the City of
Dubuque, Iowa.
Passed, approved and adopted this 19th day of
June 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Heraid
newspaper this 24th day of June, 2006.
Jeanne F. Schneider, City Clerk
1t6/24
Cline 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. Cline moved final consideration and
passage of the Ordinance. Seconded by
Jones. Motion carried 7-0.
John and Sally Jo Herrig - Request to
Rezone: Proof of publication on notice of
hearing to consider a request from John and
Sally Jo Herrig to rezone property iocated 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 the condition that
the property be rezoned to R-2 Two-Family
Residential / C-3 General Commercial District
with a 20 percent setback, presented and read.
Communication from John Herrig advising that
the R-2 Two-Family Residential is acceptable;
however, the C-3 General Commercial District
with a 20 percent setback is not acceptable,
presented and read.
Communication from Wendell Corey, Motor
City LLC, regarding the request of John and
Sally Jo Herrig to rezoning property located
south of Derby Grange Road and requesting
256
Regular Session, June 19, 2006
that the C-3 zoning be downgraded to C-2,
presented and read.
Petition requesting that the rezoning be
downgraded from C-3 to PUD Planned Unit
Deveiopment (first choice) or C-2 (second
choice) for property located south of Derby
Grange Road, presented and read.
John Herrig, 13750 Surrey Lane, spoke in
support of the original request for rezoning.
Cheryl Ramsell, 13878 Derby Grange Road,
spoke of concerns with water quality and traffic.
Wendell Corey spoke requesting a Planned
Urban Development for the area in question. He
stated he is 100% for the project but not the way
that it is being done. He requested that the area
be rezoned to a PUD or C-2, which would be
more restrictive.
Dave Coates, 13102 Derby Grange Road,
spoke objecting to R-3 and C-3 and requested
that this property be zoned all R-1, a
combination of R-2 and PUD, or a combination
of R-2 and C-2.
Mary Jean Reding, 13918 Surrey Lane; Mary
Jo Zaleznik, 13919 Surrey Lane; Judy Riniker,
13533 Burton Furnace Road; and Dean Depaul
of 13486 Derby Grange Road, all spoke
objecting to the proposed rezoning as it would
increase traffic and negatively impact water
runoff.
Ron Breitbach, 13233 Derby Grange Road,
spoke stating he saw a need for residential but
not commercial development as there is more
than enough nearby commercially zoned
property.
City Engineer Gus Psihoyos clarified that
earlier Rubloff Development deficiencies have
been corrected and that Wendell Corey is in
compliance with all State permits as to water
runoff. The City will start to inspect storrnwater
runoff areas on a quarterly basis, which is now
done on a complaint basis.
John Herrig responded to the various concerns
and explained his plans with regard to water
retention and controlled water run-off. He also
stated that the collector street that would be built
as part of the development would funnel the
additional traffic.
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-2 Two-Family
Residential District and C-3 General Commercial
District, concurrent with annexation to the City of
Dubuque, presented and read. Cline moved
that the requirement that a proposed Ordinance
be considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended and further
moved that the twenty percent (20%) rear-yard
setback condition be removed. Seconded by
Lynch. Motion failed due to lack of super-
majority vote: Yeas-Cline, Connors, Jones,
Lynch. Nays-Braig, Buol, Michalski.
Michalski moved to table the rezoning.
Seconded by Cline. Motion carried 7-0.
Requests for Voluntary Annexation:
Wendell Corey, Motor City LLC - Proof of
pUblication on notice of hearing 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 proof be received and filed.
Seconded by Michalski. Motion carried 7-0.
John and Sally Jo Herrig: Proof of publication
on notice of hearing 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 proof
be received and filed. Seconded by Michalski.
Motion carried 7-0.
Dean and Patricia Butler - Proof of publication
on notice of hearing 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 proof
be received and filed. Seconded by Braig.
Motion carried 7-0.
City Manager recommending approval of the
three voluntary annexation requests and
submitting the signed annexation agreements
for the three properties, presented and read.
Cline moved that the communication be
received and filed. Seconded by Braig. Motion
carried 7-0.
Wendell Corey spoke stating he is doing more
than necessary as far as stormwater detention.
RESOLUTION NO. 255-06
RESOLUTION APPROVING APPLICATION
FOR VOLUNTARY ANNEXATION OF
TERRITORY OWNED BY MOTOR CITY LLC
Whereas, Motor City LLC, as property owner
has submitted a written application for voluntary
annexation of approximately 75 acres of territory
lying outside the corporate limits of the City of
Dubuque, Iowa, as shown in Exhibit A and
legally described as:
W 'h of the NW 14 of the NE 14 of Section 17,
T89N, R2E of the 5'" P.M. in Dubuque County,
Iowa
E 'h of the NW 14 of the NE 14 of Section 17,
T89N, R2E of the 5th P.M. in Dubuque County,
Iowa; and
NE 14 of the NE 14 of Section 17, T89N, R2E of
the 5'" P.M. in Dubuque County, Iowa; and
Regular Session, June 19, 2006
257
Whereas, the annexation territory is not
subject to an existing annexation moratorium;
and
Whereas, the annexation territory does not
include any state, county or railroad property;
and
Whereas, Chapter 368 of the Code of Iowa
authorizes the extension of City limits in situation
of this character by adoption of a resolution and
notification as required by State regulations; and
Whereas, this request has been found to be
consistent with the Comprehensive Plan and the
Proposed Land Use Map of the Comprehensive
Plan; and
Whereas, the future growth and development
of the City of Dubuque, Iowa makes it desirable
that said territory be made part of the City of
Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA::
Section 1. That the corporate Iim~s of
Dubuque, Iowa be and they are hereby
extended to include the territory as legally
described above and as shown in Exhibit A.
Section 2. The territory hereby annexed shall
become part of Precinct Six (6) of Ward Two (2)
of the City of Dubuque, Iowa.
Section 3. The City shall provide for the
transition for the imposition of City taxes against
property owner's property, as provided by
Chapter 368 of the Code of Iowa. That property
owner's property shall be entitled to the following
partial exemption from taxation for City taxes for
a period of five years:
a. For the first year, seventy-five percent
(75%).
b. For the second year, sixty percent (60%).
c. For the third year, forty-five percent (45%)
d. For the fourth year, thirty percent (30%)
e. For the fifth year, fifteen percent (15%)
The five-year period shall begin when the
Property is placed on City tax rolls by Dubuque
County. Lots sold after that date shall receive
the partiai exemption percentage only for the
remaining years of the five-year period.
Section 4. That the City Clerk shall file this
resolution, all exhibits and the petition for
voluntary annexation with the State of Iowa in
accordance with State Regulations.
Passed, approved and adopted this 1 gth day of
June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Cline moved that action be tabled for the
annexation requests of John and Sally Jo Herrig
and Dean and Patricia Butler. Seconded by
Braig. Motion carried 7-0.
Theisen Supply, Inc. Development
Agreement: Proof of publication on notice of
hearing to consider execution of a Development
Agreement with Theisen Supply, Inc., including
the disposition of 16.749 acres in the Dubuque
Industrial Park West to Chavenelle Warehouse
Development, LLC for construction of a 110,000
square foot warehouse/office complex for
Theisen's Supply, Inc. and City Manager
recommending approval, presented and read.
Michalski moved that the proof and
communication be received and filed.
Seconded by Connors. Motion carried 7-0.
Tony Theisen, Vice President of Theisen
Supply, spoke requesting the Development
Agreement. William Baum, Interim Director of
Greater Dubuque Development Corporation,
spoke and encouraged Council approval for this
agreement.
RESOLUTION NO. ~
RESOLUTION APPROVING A DEVELOP-
MENT AGREEMENT PROVIDING FOR THE
SALE OF LOT 1 OF LOT 2 DUBUQUE
INDUSTRIAL CENTER WEST 5TH ADDITION
IN THE CITY OF DUBUQUE, IOWA, TO
THEISEN SUPPLY, INC. AND CHAVENELLE
WAREHOUSE DEVELOPMENT, LLC.
Whereas, the City Council, by Resolution No.
213-06, dated June 5, 2006, declared its intent
to enter into a Development Agreement with
Theisen Supply, Inc. and Chavenelle
Warehouse Development, LLC for the sale of
Lot 1 of Lot 2 Dubuque Industrial Center West
5th Addition (the Property); and
Whereas, pursuant to published notice, a
public hearing was held on the proposed
disposition on June 19, 2006 at 6:30 p.m. at the
Carnegie-Stout Public Library Auditorium, 360
W. 11th Street, Dubuque, Iowa.; and
Whereas, it is the determination of the Council
that approval of the Development Agreement for
the sale to and development of the Property by
Theisen Supply, Inc. and Chavenelle
Warehouse Development, LLC according to the
terms and conditions set out in the Development
Agreement is In the public interest of the City of
Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development
Agreement by and among the City of Dubuque
and Theisen Supply, inc. and Chavenelle
Warehouse Development, LLC for the sale of
the Property is hereby approved.
Section 2. That the Mayor is hereby
authorized and directed to execute the
Development Agreement on beha~ of the City
and City Clerk is authorized and directed to
attest to his signature.
258
Regular Session, June 19, 2006
Section 3. That the Mayor and City Clerk are
hereby authorized and directed to execute and
deliver a Special Warranty Deed for the Property
as provided in the Development Agreement.
Section 4. That the City Manager is authorized
to take such actions as are necessary to comply
with the terms of the Development Agreement
as herein approved.
Passed, approved and adopted this 19th day
of June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Kunkel Bounds and Associates - Development
Agreement: Proof of publication on notice of
hearing to consider execution of a Development
Agreement with Kunkel Bounds and Associates,
including a 7.69 acre land sale in the Dubuque
Technology Pari< for construction of a 9,800
square foot office building and City Manager
recommending approval, presented and read.
Cline moved that the proof and communication
be received and filed. Seconded by Lynch.
Motion carried 7-0.
Tim Kunkel spoke and thanked Council and
staff for their support and assistance.
RESOLUTION NO. 257-06
RESOLUTION APPROVING A DEVELOP-
MENT AGREEMENT PROVIDING FOR THE
SALE OF LOT 6 BLOCK 2 DUBUQUE
TECHNOLOGY PARK IN THE CITY OF
DUBUQUE, IOWA, TO KUNKEL BOUNDS &
ASSOCIATES,INC,
Whereas, the City Council, by Re1;olution No.
214-06, dated June 5, 2006, declared its intent
to enter into a Development Agreement with
Kunkel Bounds & Associates, Inc. for the sale of
Lot 6 Block 2 Dubuque Technology Park (the
Property); and
Whereas, pursuant to published notice, a
public hearing was held on the proposed
disposition on June 19, 2006 at 6:30 p.m. at the
Carnegie-Stout Public Library Auditorium, 360
W. 11th Street, Dubuque, Iowa.; and
Whereas, it is the determination of the City
Council that approval of the Development
Agreement for the sale to and development of
the Property by Kunkel Bounds & Associates,
Inc. according to the terms and conditions set
out in the Development Agreement is in the
public interest of the City of Dubuque.
NOW, THEREFORE, BE iT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development
Agreement by and between the City of Dubuque
and Kunkel Bounds & Associates, Inc. for the
sale of the Property is hereby approved.
Section 2. That the Mayor is hereQY
authorized and directed to execute the
Development Agreement on behalf of the City
and City Clerk is authorized and directed to
attest to his signature.
Section 3. That the Mayor and City Clerk are
hereby authorized and directed to execute and
deliver a Special Warranty Deed for the Property
as provided in the Development Agreement.
Section 4. That the City Manager is authorized
to take such actions as are necessary to comply
with the terms of the Deveiopment Agreement
as herein approved.
Passed, approved and adopted this 19th day
of June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
Dubuque Screw Products, Inc. - Development
Agreement: Proof of publication on notice of
hearing to consider execution of a Development
Agreement with Dubuque Screw Products, Inc.,
including a 3.838 acre land sale in Dubuque
Industrial Center West for construction of a
30,000 square foot industrial facility and City
Manager recommending approval, presented
and read. Connors moved that the proof and
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
Michael Scherr of Dubuque Screw Products
and Bill Baum of GDDC spoke in support of the
Development Agreement.
RES()LUTION NO. 258-06
RESOLUTION APPROVING A
DEVELOPMENT AGREEMENT' PROVIDING
FOR THE SALE OF LOT 1 OF 5 DUBUQUE
INDUSTRIAL CENTER WEST 5TH ADDITION
TO DUBUQUE SCREW PRODUCTS, INC.
Whereas, the Cijy Council, by Resolution No.
216-06, dated June 5, 2006, declared its intent
to enter into a Development Agreement with
Dubuque Screw Products, Inc. for the sale of
Lot 1 of 5 Dubuque Industrial Center West 5th
Addition (the Property); and
Whereas, pursuant to published notice, 'a
public hearing was held on the proposed
disposition' on June 19, 2006 at 6:30 p.m. at the
Carnegie-Stout Public Library Auditorium, 360
W. 11th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City
Council that approval of the Development
,Agreement for the sale to and development of
the Property 'by Dubuque Screw Products, Inc.
according to the terms and conditions set out in
the Development Agreement is in the public
interest of the City of Dubuque.
..
Regular Session, June 19, 2006
259
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development
Agreement by and between the City of Dubuque
and Dubuque Screw Products, inc. for the sale
of the property is hereby approved.
Section 2. That the Mayor is hereby
authorized and directed to execute the
Development Agreement on behalf of the City
and City Clerk is authorized and directed to
attest to his signature.
Section 3. That the Mayor and City Clerk are
hereby authorized and directed to execute and
deliver a Special Warranty Deed for the Property
as provided in the Development Agreement.
Section 4. That the City Manager is authorized
to take such actions as are necessary to comply
with the terms of the Development Agreement
as herein approved.
Passed, approved and adopted this 19th day
of June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
McGraw-Hili Companies, Inc. - Development
Agreement: Proof of publication on notice of
hearing to consider execution of a Development
Agreement with McGraw-Hili Companies, Inc.,
including the disposition of approximately 1.99
acres for construction of a 135,000 square foot
office complex in the Port of Dubuque and City
Manager recommending approval, presented
and read. Cline moved that the proof and
communication be received and filed. Seconded
by Jones. Motion carried 7-0.
Bill Baum, Greater Dubuque Development
Corporation, spoke in appreciation ofthe City
support of this project.
RESOLUTION NO. 259-06
RESOLUTION APPROVING A
DEVELOPMENT AGREEMENT PROVIDING
FOR THE SALE OF LOT 1 OF LOT 1 OF
RIVERWALK 6TH ADDITION IN THE CITY OF
DUBUQUE, IOWA TO THE MCGRAW-HILL
COMPANIES, INC.
Whereas, the City Council, by Resolution No.
217-06. dated June 5, 2006, declared its intent
to enter into a Development Agreement with The
McGraw-Hili Companies, Inc. for the sale of Lot
1 of Lot 1 of Riverwalk 6th Addition in the City of
Dubuque, lowa(the Property); and
Whereas, pursuant to published notice, a
public hearing was held on the proposed
disposition on June 19, 2006 at 6:30 p.m. at the
Carnegie-Stout Public Library Auditorium, 360
W. 11th Street, Dubuque, Iowa.; and
Whereas, it is the determination of this Council
that approval of the Development Agreement for
the sale to and development of the Property by
The McGraw-Hili Companies, Inc. according to
the terms and conditions set out in the
Development Agreement is in the public interest
of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development
Agreement by and between the City of Dubuque
and The McGraw-Hili Companies, Inc. for the
sale of the Property is hereby approved.
Section 2. That the Mayor is hereby
authorized and directed to execute the
Development Agreement on behalf of the City
and City Clerk is authorized and directed to
attest to his signature.
Section 3. That the Mayor and City Clerk are
hereby authorized and directed to execute and
deliver a Special Warranty Deed for the Property
as provided in the Development Agreement.
Section 4. That the City Manager is authorized
to take such actions as are necessary to comply
with the terms of the Development Agreement
as herein approved.
Passed, approved and adopted this 19th day
of June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
City of Dubuque - Request for Text
Amendment: Proof of publication on notice of
hearing to consider a request from the City of
Dubuque to amend Sections 6-1.5.5 and 4.4.2 of
the Zoning Ordinance and Section 41-16 of the
Subdivision Regulations to extend the duration
of the development moratorium for the Iowa 32
(Southwest Arterial) corridor and Zoning
Advisory Commission recommending approval,
presented and read. Connors moved that the
proof of publication and communication be
received and filed. Seconded by Jones.
Motion carried 7-0.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by amendment Section 4.4.2
regarding site plans, and by amending Section
6-1.5.5 regarding rezoning, to extend a
moratorium for site plan and rezoning
applications in the Iowa 32 (Southwest Arterial)
corridor and presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 46-06
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
260
Regular Session, June 19, 2006
DUBUQUE CODE OF ORDINANCES BY
AMENDING SECTION 4-4.2 REGARDING
SITE PLANS, AND BY AMENDING SECTION
6-1.5.5 REGARDING REZONINGS, TO
EXTEND A MORATORIUM FOR SITE PLAN
AND REZONING APPLICATIONS IN THE
IOWA 32 (SOUTHWEST ARTERIAL)
CORRIDOR.
Whereas, the Iowa Department of
Transportation (lOOT) and the City of Dubuque
are engaged in a study of the Iowa 32
(Southwest Arterial) Corridor, which will include
the right-of-way acquisition for the preferred
alignment; and
Whereas, the City of Dubuque and the IDOT
desire to minimize potential development
conflicts during this study by extending the
development moratorium for the Southwest
Arterial Corridor.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF DUBUQUE. IOWA:.
Section 1. Appendix A (Zoning Ordinance) of
the City of DUbuque Code of Ordinances is
hereby amended by amending Section 4-4.2 as
follows;
Section 4-4.2. Application and Scope.
(A) Moratorium for Site Plans in the Iowa 32
(Southwest Arterial) Corridor
The City Planner shall not issue conditional or
final approval for any site plan filed for property
in the Iowa 32 (Southwest Arterial) Corridor that
lies within the corporate limits of the City of
Dubuque, as delineated on the attached
drawings, from the effective date of this Section
to July 1, 2007, except where a vested right to
the issuance of such approval accrued to any
person, firm or corporation as a matter of law
prior to the effective date of this Section.
Section 2. Appendix A (Zoning Ordinance) of
the City of Dubuque Code of Ordinances is
hereby amended by amending Section 6-1.5.5
as follows:
Section 6-1.5.5 Moratorium for rezonings in
the Southwest Arterial Corridor.
In addition to the requirements of subsection
6-1.5 of this Section, the City Council shall not
give final approval to any zoning reclassification
(rezoning) request for property in the Iowa 32
(Southwest Arterial) Corridor that lies within the
corporate limits of the City of Dubuque, as
delineated on the attached drawings, from the
effective date of this Section July 1, 2007,
except where a vested right to the issuance of
such approval accrued to any person, firm or
corporation as a matter of law prior to the
effective date of this Section.
Section 3. This Ordinance shall take effect
upon publication, as provided by law.
Passed, approved and adopted this 19'h day of
June 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 24~ day of June, 2006.
Jeanne F. Schneider, City Clerk
1t6/24
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
Michalski. Motion carried 7-0.
An Ordinance Amending Chapter 42
(Subdivision Regulations) of the City of Dubuque
Code of Ordinances by amending Section 42-
16, to extend a moratorium for subdivision plats
in the Iowa 32 (Southwest Arterial) corridor.
presented and read.
OFActAL PUBUCATlON
ORDINANCE NO. 47-06
AN ORDINANCE AMENDING CHAPTER 42
(SUBDIVISION REGULATIONS) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY
AMENDING SECTION 42-16, TO EXTEND A
MORATORIUM FOR SUBDIVISION PLATS IN
THE IOWA 32 (SOUTHWEST ARTERIAL)
CORRIDOR.
Whereas, the Iowa Department of
Transportation (IDOT) and the City of Dubuque
are engaged in a study of the Iowa 32
(Southwest Arterial) Corridor, which will include
the right-of-way acquisition for the preferred
alignment; and
Whereas, the City of Dubuque and the IDOT
desire to minimize potential development
conflicts during this study by extending the
development moratorium for the Southwest
Arterial Corridor.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF DUBUQUE. IOWA:
Section 1. Chapter 42 (Subdivision
Regulations) of the City of Dubuque Code of
Ordinances is hereby amended by amending
Section 42-16 as follows:
Section 42-16. Moratorium for Subdivisions in
the Iowa 32 (Southwest Arterial) Corridor:
No plat for any subdivision or resubdivision of
property in the Iowa 32 (Southwest Arterial)
Corridor, as delineated on the attached
drawings, shall be approved by the City Council,
Zoning Advisory Commission or City Planner
from the effective date of this Section to July 1,
2007, except where a vested right to the
issuance of such approval accrued to any
person, firm or corporation as a matter of law
prior to the effective date of this Section.
Section 2. This Ordinance shall take effect
upon publication, as provided by law.
Passed, approved and adopted this 19'h day of
June 2006.
Regular Session, June 19, 2006
261
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 24th day of June, 2006.
Jeanne F. Schneider, City Clerk
11 6/24
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. Connors
moved final consideration and passage of the
Ordinance. Seconded by Michalski. Motion
carried 7-0.
Petition to Vacate a Portion of Barry Street:
Proof of publication on notice of hearing to
consider a request from David O. Neyens and
John J. and Frances M. McDonough to vacate a
portion of Barry Street from Roosevelt Street
northeasterly to a public alley in the City of
Dubuque and City Manager recommending
approval, 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. 260-06
RESOLUTION DISPOSING OF CITY
INTEREST IN THE NORTHWESTERLY ONE-
HALF OF BARRY STREET AND THE
SOUTHEASTERLY ONE-HALF OF BARRY
STREET IN BARRY SUBDIVISION NO. 2 IN
THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circuiation published in the City of Dubuque,
Iowa on the gth day of June, 2006, the City
Council of the City of Dubuque, Iowa met on the
19'" day of June, 2006, at 6:30 p.m. in the Public
Library Auditorium, 360 West 11 Street,
Dubuque, Dubuque County, Iowa to consider
the proposal for the saie of real estate described
as:
The Northwesterly One-Half of Barry Street and
the Southeasterly One-Half of Barry Street all in
Barry Subdivision NO.2 in the City of Dubuque,
Dubuque County, Iowa
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to dispose of the
interest of the City of Dubuque, Iowa, except for
easements shown on said Plat of Survey of
Barry Subdivision No.2, in the hereinabove
described real estate.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the disposal of the interest of
the City of Dubuque, Dubuque County, Iowa, in
the real property described as the Northwesterly
One-Half of Barry Street in Barry Subdivision
NO.2 in the City of Dubuque, Dubuque County,
Iowa to the John J. and Frances M. McDonough
be and the same is hereby approved for the sum
of $400.00. Conveyance shall be by Quit Claim
Deed.
Section 2. That the disposal of the interest of
the City of Dubuque, Dubuque County, Iowa, in
the real property described as the Southeasterly
One-Half of Barry Street in Barry Subdivision
NO.2 in the City of Dubuque, Dubuque County,
Iowa to the David O. Neyens be and the same is
hereby approved for the sum of $400.00.
Conveyance shall be by Quit Claim Deed.
Section 3. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
the above named grantees upon receipt of the
approved sum in fuU.
Section 4. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the offices of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 19th day of
June, 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.
Five Flags Arena Fall Protection Project:
Proof of publication on notice of hearing to
consider adoption of the plans and specifications
for the Five Flags Arena Fall Protection Project
and City Manager recommending award of the
contract to Hy-Safe Technology in the amount of
$82,173, presented and read. Cline moved that
the proof and communication be received and
filed. Seconded by Connors. Motion carried 7-
O.
RESOLUTION NO. 261-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
WHEREAS, on the 15th day of May, 2006,
plans, specifications, fonm of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Five Flags Arena Fall
Protection Project.
WHEREAS, notice of hearing on plans,
specifications, form of contract, and estimated
cost was pUblished as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
262
Regular Session, June 19, 2006
contract and estimated cost for said
improvements for said project.
Passed, approved and adopted this 19th day
of June, 2006.
Roy D. Buoi, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 262-06
AWARDING CONTRACT
WHEREAS, sealed proposals have been
submitted by contractors for the Five Flags
Arena Fall Protection Project pursuant to
Resolution No. 204-06, and notice to bidders
published in a newspaper pubiished in the City
of Dubuque, Iowa, on the 19th day of May,
2006.
WHEREAS, said sealed proposals were
opened and read on the 8th day of June, 2006,
and it has been determined that the bid of Hy-
Safe Technology in the amount of $82,173 was
the lowest bid for the furnishings of all labor and
materials and performing the work as provided
for in the plans and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Hy-Safe Technology, and the
Manager be and is hereby directed to execute a
contract on behalf of the City of Dubuque for the
compiete 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 19'h day of
June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 263-06
APPROVING CONSTRUCTION CONTRACT
WITH HY-SAFE TECHNOLOGY FOR THE
FIVE FLAGS ARENA FALL PROTECTION
PROJECT
Whereas, the City Council by Resolution No.
261-06 awarded the construction contract for the
Five Flags Arena Fall Protection Project to Hy-
Safe Technology; and
Whereas Hy-Safe Technology 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 19'h day of
June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resoiution.
Seconded by Connors. Motion carried 7-0.
Michalski moved that the rules be reinstated
limiting discussion to the Council. Seconded by
Cline. Motion carried 7-0.
ACTION ITEMS
Airport Commission Report: Airport
Commission Chairperson Teri Goodmann to
provide the Airport quarterty report. Teri
Goodman gave a comprehensive report of
Airport activities and thanked Interim Airport
Manager Todd Dalsing and staff for their
support, presented and read. Michalski moved
that the report be received and filed. Seconded
by Jones. Motion carried 7-0.
NCR Developers, Inc. I Martin McNamer -
Request to Rezone (First reading on June 5,
2006): Marty McNamer, 1036 Bonnie Court,
spoke stressing the need for R-3 Zoning for the
flexibility it would provide.
Council Member Michalski stated she was
opposed to any development that provided a
single access with a gated emergency access.
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
Agricultural and R-2 Single-Family Residential
District to City of Dubuque R-3 Moderate
Density Multi-Family Residential District
concurrent with annexation, said Ordinance
having been presented and read on June 5,
2006, now presented for further action.
OFFICIAL PUBLICATION
ORDINANCE NO. 48-06
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED SOUTH OF
NORTH CASCADE ROAD 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
Regular Session, June 19, 2006
263
Whereas, NCR Developers, Inc., property
owner, have requested rezoning concurrent with
annexation to the City of Dubuque in
accordance with Section 2-3 of Appendix A
(Zoning Ordinance) of the City of Dubuque Code
of Ordinances; and
Whereas, this request has been found to be
consistent with the Comprehensive Plan and the
Future Land Use Map of the Comprehensive
Pian.
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
Dubuque County A-1 Agricultural and R-2
Single-Family Residential District to City of
Dubuque R-3 Moderate Density Multi-Family
Residential District; to wit
Lot 4 of the NE Yo of Section 3, Township BB
North, Range 2 East of the 5'h P.M., according to
the United States Government Survey and the
recorded plats thereof; Lot 6 of the NE Yo of
Section 3, Township BB North, Range 2 East of
the 5'h P.M., according to the United States
Government survey and the recorded plats
thereof; Lot 2 of Henschel-McNamer Place, Plat
#2, in the City of Dubuque, and Dubuque
County, Iowa, according to the recorded plat
thereof, except that portion which is part of the
City of Dubuque.
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, and at such time that the herein described
property is legally annexed into the City of
Dubuque, Iowa.
Passed, approved and adopted this 19th day of
June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 24'h day of June, 2006.
Jeanne F. Schneider, City Clerk
1t 6/24
Jones moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved approval of the R-
3 designation. Seconded by Connors. Motion
carried 6-0 with Lynch abstaining. Jones moved
final consideration and passage of the
Ordinance. Seconded by Connors. Motion
carried 6-0 with Lynch abstaining.
Gary and Mary Beth Valentine - Request to
Rezone (First Reading on June 5, 2006):
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 R2
Single-Family Residential District to City of
Dubuque Moderate Density Multi-Family
Residential District concurrent with annexation,
said Ordinance having been presented and read
on June 5, 2006, now presented for further
action.
OFFICIAL PUBLICATION
ORDINANCE NO. 49-06
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
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
Whereas, Gary and Mary Beth Valentine,
property owners, have requested rezoning
concurrent with annexation to the City of
Dubuque in accordance with Section 2-3 of
Appendix A (Zoning Ordinance) of the City of
Dubuque Code of Ordinances; and
Whereas, this request has been found to be
consistent with the Comprehensive Plan and the
Future Land Use Map of the Comprehensive
Plan.
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
Dubuque County A-1 Agricultural and R-2
Single-Family Residential District to City of
Dubuque R-3 Moderate Density Multi-Family
Residential District; to wit:
Lot 2 and that portion of Lot 1 of Valentine
Piace No.3, located in the NW 1/4 , Section 3,
TBBN, R2E (Table Mound TWP) of the 5'h P.M.,
Dubuque County, Iowa that is proposed to be
annexed to the City of Dubuque, Iowa.
The perimeter of the annexation area within
Lot 1 is more particularly described as follows:
Portion of Lot 1 of Valentine Place NO.3:
Commencing at the North Yo corner of Section 3,
TB8N, R2E; thence South 0 degrees 39'-02"
West, a distance of 792.95 feet; thence South 0
264
Regular Session, June 19, 2006
degrees 47'-35" West, a distance of 676.54 feet
to the point of beginning; thence South 0
degrees 47'-35" West a distance of 1,821.93
feet; thence North 89 degrees 20'-03" West, a
distance of 419.02 feet; thence North 5 degrees
32'-27" West, a distance of 1,330.99 feet; thence
Northwesterly a distance of 653.36 feet along
the arc of a 1,333.50 foot radius curve to the left,
of which the Chord distance is 646.84 feet and
Chord bearing is N 19"34'37" West; thence
North 33 degrees 36'-48" West, a distance of
925.24 feet; thence North 0 Degrees 07'-31"
East, a distance of 117.17 feet; thence North 33
degrees 32'42" East, a distance of 554.26 feet;
thence North 89 degrees 51'-53" East, a
distance of 358.39 feet; thence South 37
degrees 43'-44" East, a distance of 731.13 feet;
thence South 0 degrees 45'-36" West, a
distance of 738.25 feet; thence South 52
degrees 45'-26" East a distance of 250.15 feet
to the point of Beginning, and to the centerline of
the adjoining publiC right-of-way, all in the City of
Dubuque.
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, and at such time that the herein described
property is legally annexed into the City of
Dubuque, Iowa.
Passed, approved and adopted this 19'h day of
June 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 24'h day of June, 2006.
Jeanne F. Schneider, City Clerk
1t 6/24
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 further moved approval of the R-
3 designation. Seconded by Jones. Motion
carried 6-0 with Lynch abstaining. Michalski
moved final consideration and passage of the
Ordinance. Seconded by Braig. Motion carried
6-0 with Lynch abstaining.
Thomas and Sheri Henschel - Request to
Rezone (First Reading on June 5, 2006);
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located west of Miller Road
from Dubuque County R2 Single-Family
Residential District and City of Dubuque AG
Agricultural District to City of Dubuque R-2 Two-
Family Residential District, concurrent with
annexation, said Ordinance having been
presented and read on June 5, 2006, now
presented for further action.
OFFICIAL PUBLICATION
ORDINANCE NO. 50-06
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED WEST
OF MILLER ROAD FROM DUBUQUE
COUNTY R"2 SINGLE"FAMILY RESIDENTIAL
DISTRICT AND CITY OF DUBUQUE AG
AGRICULTURAL DISTRICT TO CITY OF
DUBUQUE R-2 TWO-FAMILY RESIDENTIAL
DISTRICT, CONCURRENT WITH
ANNEXATION.
Whereas, Thomas and Sheri Henschel,
property owners, have requested rezoning
concurrent with annexation to the City of
Dubuque in accordance with Section 2-3 of
Appendix A (Zoning Ordinance) of the City of
Dubuque Code of Ordinances; and
Whereas, this request has been found to be
consistent with the Comprehensive Plan and the
Future Land Use Map of the Comprehensive
Plan.
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
Dubuque County R 2 Single-Family Residential
District and City of Dubuque AG District to R-2
Two-Family Residential District, to wit: That
portion of Lot 1 Henschel-McNamer Place, Plat
#2, lying west of the easterly iine of the N Y. of
Section 2, T89N, R2E of the 5'h P.M., and to the
centerline of the adjoining public right-of-way, all
in the City of Dubuque.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take effect
immediateiy upon publication, as provided by
law, and at such time that the herein described
property is legally annexed into the City of
Dubuque, Iowa.
Passed, approved and adopted this 19'h day of
June 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 24'" day of June, 2006.
Jeanne F. Schneider, City Clerk
11 6/24
Jones moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
Regular Session, June 19, 2006
265
the meeting at which it is to be finally passed be
suspended. Seconded by Braig. Motion
carried 6-0 with Lynch abstaining. Jones moved
final consideration and passage of the
Ordinance. Seconded by Braig. Motion carried
6-0 with Lynch abstaining.
Connors moved that the following item be
removed from the table. Seconded by
Michalski. Motion carried 6-0 with Lynch
abstaining.
NCR Developers, Inc. I Martin McNamer -
Request for Voluntary Annexation (Tabled on
June 5, 2006):
RESOLUTION NO. 264-06
RESOLUTION APPROVING APPLICATION
FOR VOLUNTARY ANNEXATION OF
TERRITORY OWNED BY NORTH CASCADE
ROAD DEVELOPERS, L.L.C. AND AMERICAN
TRUST & SAVINGS BANK, AS TRUSTEE
Whereas, North Cascade Road Developers,.
L.L.C. and American Trust & Savings Bank, as
Trustee, as property owners have submitted a
written application for voluntary annexation of
approximately 181.59 acres of territory lying
outside the corporate limits of the City of
Dubuque, Iowa, as shown in Exhibit A and
legally described as: Lot 4 of the NE Y. of
Section 3, T88N, R2E of the 5th P.M. in Dubuque
County, Iowa; Lot 6 of the NE Y. of Section 3,
T88N, R2E of the 5th P.M. in Dubuque County,
Iowa; and That portion of Lot 2 of Henschel-
McNamer Place, Plat #2 lying outside the City of
Dubuque in Section 3, T88N, R2E of the 5th P.M.
in Dubuque County, Iowa; and
WHEREAS, American Trust & Savings Bank,
Trustee of the Mildred L. Henschel Trust
Agreement Dated August 22, 2005, is Contract
Seller of an undivided one-half interest in Lot 4
and Lot 6 of the NE Y. of Section 3, T88N, R2E
of the 5th P.M. in Dubuque County, Iowa; and
Whereas, the annexation territory is not
subject to an existing annexation moratorium;
and
Whereas, the annexation territory does not
include any state or railroad property; and
Whereas, the annexation territory does include
County road right-of-way; and
Whereas, Chapter 368 of the Code of Iowa
authorizes the extension of City limits in
situations of this character by adoption of a
resolution and notification as required by State
reguiations; and
Whereas, this request has been found to be
consistent with the Comprehensive Plan and the
Proposed Land Use Map of the Comprehensive
Plan; and
Whereas, the future growth and development
of the City of Dubuque, Iowa makes it desirable
that said territory be made part of the City of
Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the corporate limits of
Dubuque, Iowa be and they are hereby
extended to include the territory as legally
described above and as shown in Exhibit A.
Section 2. The territory hereby annexed shall
become part of the 1" Precinct of the 1" Ward of
the City of Dubuque, Iowa.
Section 3. The City shall provide for the
transition for the imposition of City taxes against
property owner's property, as provided by
Chapter 368 of the Code of Iowa. That property
owner's property shall be entitled to the following
partial exemption from taxation for City taxes for
a period of five years:
a. For the first year, seventy-five percent
(75%).
b. For the second year, sixty percent (60%).
c. For the third year, forty-five percent (45%).
d. For the fourth year, thirty percent (30%).
e. For the fifth year, fifteen percent (15%).
The five-year period shall begin when the
Property is placed on City tax rolls by Dubuque
County. Lots sold after that date shall receive
the partial exemption percentage only for the
remaining years of the five-year period.
Section 4. That the City Clerk shall file this
resolution,- aU exhibits and the petition for
voluntary annexation with the State of Iowa in
accordance with State Regulations.
Passed, approved and adopted this 19th day of
June 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 6-0 with
Lynch abstaining.
Michalski moved that the following item be
removed from the table. Seconded by Connors.
Motion carried 7-0.
Gary and Mary Beth Valentine - Request for
Voluntary Annexation (Tabled on June 5, 2006):
RESOLUTION NO. 265-06
RESOLUTION APPROVING APPLICATION
FOR VOLUNTARY ANNEXATION OF
TERRITORY OWNED BY GARY L. AND MARY
BETH VALENTINE
Whereas, Gary L. and Mary Beth Valentine, as
property owners have submitted a written
application for voluntary annexation of
approximately 39.03 acres of territory lying
outside the corporate limits of the City of
Dubuque, Iowa, as shown in Exhibit A and
legally described as: Lot 2 of Valentine Place
NO.3 containing 9.457 acres and a Portion of
Lot 1 of Valentine Place No.3 defined as Parcel
A containing 49.165 acres, located in the NW y.,
266
Regular Session, June 19, 2006
Section 3, T88N, R2E of the 5'h P,M" Dubuque
County, Iowa,
The perimeter of the annexation area (Parcel
A) within Lot 1 is more particularly described as
follows:
Commencing at the North Y. corner of Section
3, T88N, R2E of the 5'h P,M" Dubuque County,
Iowa (also being the Northwest corner of Lot 2-2
Ohmert Farms); Thence South 0 degrees 39'-
02" West along the West line of said Lot 2-2, a
distance of 792,95 feet to the Northwest corner
of Lot 6 of the Northeast Fractional Y. of said
Section 3; Thence South 0 degrees 47'-35"
West along the west line of said Lot 6, a
distance of 676,54 feet to the Point of Beginning;
Thence South 0 degrees 47'-35" West along the
West line of said Lot 6, a distance of 1,821 ,93
feet to a point125 feet North of the Center of
Section 3; Thence North 89 degrees 20'.03"
West along the East-West Y. Section line, a
distance of 419.02 feet to a point 125 feet
Easterly of the Easterly Right Of Way (ROW)
line of Edval Lane; Thence North 5 degrees 32'-
27" West along a line parallel to and 125 feet
Easterly of the Easterly ROW line of Edval Lane,
a distance of 1,330.99 feet to the point of
curvature; Thence Northwesterly continuin9
along said parallel line, a distance of 653.36 feet
along the arc of a 1,333.50 foot radius curve to
the left, of which the Chord distance is 646.84
feet and Chord bearing is N 19"34'37" W to the
point of tangency; Thence North 33 degrees 36'-
48" West continuing along said parallel line, a
distance of 925.24 feet to the East line of Lot 2-1
of the W Yo of the NW Y. of said Section 3;
Thence North 0 Degrees 07'-31" East along the
East line of said Lot 2-1, a distance of 117.17
feet to the South corner of Lot 2 of the E Yo of
the NW Y. of said Section 3; Thence North 33
degrees 32'-42" East aiong the Southeast line of
said Lot 2, a distance of 554.26 feet to the South
line of Section 34, T89N, R2E of the 5'h P.M.;
Thence North 89 degrees 51'-53" East along the
South line of said Section 34, a distance of
358.39 feet; Thence South 37 degrees 43'-44"
East, a distance of 731.13 feet; Thence South 0
degrees 45'-36" West, a distance of 738.25 feet;
Thence South 52 degrees 45'-26" East, a
distance of250.15 feet to the Point of Beginning;
and
Whereas, the annexation territory is not
subject to an existing annexation moratorium;
and
Whereas, the annexation territory does not
include any state or railroad property; and
Whereas, the annexation territory does include
County road right-of-way; and
Whereas, Chapter 368 of the Code of Iowa
authorizes the extension of City limits in
situations of this character by adoption of a
resolution and notification as required by State
regulations; and
Whereas, this request has been found to be
consistent with the Comprehensive Pian and the
Proposed Land Use Map of the Comprehensive
Plan; and
Whereas, the future growth and development
of the City of Dubuque, Iowa makes it desirable
that said territory be made part of the City of
Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
Section 1. That the corporate limits of
Dubuque, iowa be and they are hereby
extended to include the territory as legally
described above and as shown in Exhibit A.
Section 2. The territory hereby annexed shall
become part of the 1" Precinct of the 1" Ward of
the City of Dubuque, Iowa.
Section 3. The City shall provide for the
transition for the imposition of City taxes against
property owner's property, as provided by
Chapter 368 of the Code of Iowa. That property
owner's property shall be entitled to the following
partial exemption from taxation for City taxes for
a period of five years:
a. For the first year, seventy-five percent
(75%).
b. For the second year, sixty percent (60%).
c. For the third year, forty-five percent (45%).
d. For the fourth year, thirty percent (30%).
e. For the fifth year, fifteen percent (15%).
The five-year period shall begin when the
Property is placed on City tax rolls by Dubuque
County. Lots sold after that date shall receive
the partial exemption percentage only for the
remaining years of the five-year period.
Section 4. That the City Clerk shall file this
resolution, all exhibits and the petition for
voiuntary annexation with the State of Iowa in
accordance with State Regulations.
Passed, approved and adopted this 19th day of
June 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 6-0 with
Lynch abstaining.
Michalski moved that the following item be
removed from the table. Seconded by Jones.
Motion carried 6-0 with Lynch abstaining.
Thomas and Sheri Henschel - Request for
Voluntary Annexation (Tabled on June 5, 2006).
RESOLUTION NO. 266-06
RESOLUTION APPROVING APPLICATION
FOR VOLUNTARY ANNEXATION OF
TERRITORY OWNED BY THOMAS l. AND
SHERI A. HENSCHEL, INDIVIDUALLY AND
AS TRUSTEES
Regular Session, June 19, 2006
Whereas, Thomas L. and Sheri A. Henschel,
individually and as trustees, as property owners
have submitted a written application for
voiuntary annexation of approximately 39.03
acres of territory lying outside the corporate
limits of the City of Dubuque, Iowa, as shown in
Exhibit C and legally described as: That part of
Lot 1 of Megan-Nicole Valley Subdivision lying
outside the City of Dubuque in Section 3, T88N,
R2E of the 5th P.M. in Dubuque County, Iowa;
That part of Lot 1 in Henschel-McNamer Piace,
Plat #2, lying outside the City of Dubuque in
Section 3, T88N, R2E of the 5th P.M. in
Dubuque County, Iowa; and That part of Lot 2 in
Henschel-McNamer Place lying outside the City
of Dubuque in Section 3, T88N, R2E of the 5th
P.M. in Dubuque County, Iowa; and
Whereas, the annexation territory is not
subject to an existing annexation moratorium;
and
Whereas, the annexation territory does not
include any state or railroad property; and
Whereas, the annexation territory does not
include County road right-of-way; and
Whereas, Chapter 368 of the Code of Iowa
authorizes the extension of City limits in
situations of this character by adoption of a
resolution and notification as required by State
regulations; and
Whereas, this request has been found to be
consistent with the Comprehensive Plan and the
Proposed Land Use Map of the Comprehensive
Plan; and
Whereas, the future growth and development
of the City of Dubuque, Iowa makes it desirabie
that said territory be made part of the City of
Dubuque, Iowa.
NOW THEREFORE, BE IT . RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
Section 1. That the corporate limits of
Dubuque, Iowa be and they are hereby
extended to include the territory as legally
described above and as shown in Exhibit C.
Section 2. The territory hereby annexed shall
become part of the 1st Precinct of the 1st Ward
of the City of Dubuque, Iowa.
Section 3. The City shall provide for the
transition for the imposition of City taxes against
property owner's property, as provided by
Chapter 368 of the Code of Iowa. That property
owner's property shall be entitled to the following
partial exemption from taxation for City taxes for
a period of five years:
a. For the first year, seventy-five percent
(75%).
b. For the second year, sixty percent (60%).
c.For the third year, forty-five percent (45%).
d. For the fourth year, thirty percent (30%).
e. For the fifth year, fifteen percent (15%).
The five-year period shall begin when the
Property is placed on City tax rolls by Dubuque
267
County. Lots sold after that date shall receive
the partial exemption percentage only for the
remaining years of the five-year period.
Section 4. That the City Cierk shall file this
resolution, all exhibits and the petition for
voluntary annexation with the State of Iowa in
accordance with State Regulations.
Passed, approved and adopted this 19th day
of June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Jones moved adoption of the Resolution.
Seconded by Connors. Motion carried 6-0 with
Lynch abstaining.
Police Department Towing Contract: City
Manager recommending approval of the Police
Department Towing Contract for 2006 through
2009, presented and read. Connors moved that
the communication be received and filed and
approved recommendation. Seconded by Jones.
Motion carrted 7-0.
Dubuque Drum and Bugle Corps:
Communication from Greg Orwoll, Executive
Director of the Dubuque Drum and Bugle Corps,
requesting that the residential parking
restrictions around Senior High School and any
noise ordinances be suspended on July 7 and
August 5 to accommodate the Colts' annual
Music on the March, presented and read.
Michalski moved that the communication be
received and filed, approved, and referred to the
Special Event process with the fee being
waived. Seconded by Connors. Motion carried
7-0.
Tri-State Development - Final Plat: Zoning
Advisory Commission recommending approval
of the final plat of Seippel Road Commercial
Park, Plat #2, located on Old Highway Road as
requested by Tri-State DevelopmenVDave
Schneider, presented and read. Jones moved
that the communication be received and filed.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 267-06
RESOLUTION APPROVING THE FINAL PLAT
OF SEIPPEL ROAD COMMERCIAL PARK,
PLAT 2, IN THE CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a Final Plat of Seippel Road Commercial
Park, Plat 2, in the City of Dubuque, Iowa; and
Whereas, said Final Plat has been reviewed
by the Zoning Advisory Commission and had
their approval endorsed thereon; and
Whereas, said Final Plat has been examined
by the City Council and they find that it conforms
to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
268
Regular Session, June 19, 2006
Section 1. That the Final Plat of Seippel Road
Commercial Park, Plat 2, is hereby approved
and the Mayor and City Clerk are hereby
authorized and directed to endorse the approval
of the City of Dubuque, Iowa upon said Final
Plat.
Section 2. That prior to the issuance of a
building permit on any lot, a waste water
treatment system which meets all state and local
codes, must be designed by a professional
engineer and approved by the Engineering and
Health Departments of the City of Dubuque. A
permit must be obtained for the private sewage
system from the City of Dubuque Health
Department prior to construction. All lots within
this subdivision shall connect to the City sanitary
sewer system within five (5) years after the
connection to the interceptor sewer has been
made or sooner if the private sewage system(s)
fails. Payment of interceptor fees shall be paid
by the owner of each lot prior to connection.
Passed, approved and adopted this 19th day
of June 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Jones moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
Cable TV Teieprogramming Amendment: City
Manager recommending approvai of an
amendment to Section 44-219(a) of the City of
Dubuque Code of Ordinances to set the quorum
for the Community Teleprogramming
Commission to four members of the seven
member Commission, 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 44-219(a)
Establishing the Quorum for Meetings of the
Cable Television Community Teleprogramming
Commission, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 51-06
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES SECTION 44-219(a)
ESTABLISHING THE QUORUM FOR
MEETINGS OF THE CABLE TELEVISION
COMMUNITY TELE-PROGRAMMING COM-
MISSION
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. Section 44-219 (a) of the City of
Dubuque Code of Ordinances is amended to
read as foliows:
Section 44-219. Meetings; Procedures:
(a) The members shall meet as needed to
conduct the business of the Commission, but not
less frequently than once each calendar quarter.
A quorum of four (4) members shall be required
for members to conduct the business of the
Commission. All meetings and proceedings of
the Commission shall conform with applicable
open meeting requirements.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved and adopted this 19th day
of June, 2006.
Roy D. Buoi, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 24th day of June, 2006.
Jeanne F. Schneider, City Clerk
1t 6/24
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.
Vacant and Abandoned Buildings: City
Manager recommending adoption of an
amendment to the Code of Ordinances to
require that all vacant and abandoned buildings
be licensed effective December 1, 2006,
presented and read. Jones moved that the
communication be received and filed. Seconded
by Braig. Motion carried 7-0.
An Ordinance Amending the City of Dubuque
Code of Ordinances Chapter 33, Offenses and
Miscellaneous Provisions by adopting a new
Article VII, Licensing of Vacant and Abandoned
Buildings, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 52-06
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES CHAPTER 33, OFFENSES
AND MISCELLANEOUS PROVISIONS BY
ADOPTING A NEW ARTICLE VII, LICENSING
OF VACANT AND ABANDONED BUILDINGS
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 33 of the City of Dubuque
Code of Ordinances is amended by adding the
following new article:
Article VII Licensing of Vacant and Abandoned
Buildings
Sec. 33-108. Definitions:
For the purpose of this article, certain terms,
phrases, words and their derivatives shall be
construed as specified in either this article or as
specified in the building code or the housing
code. Where terms are not defined, they shall
have their ordinary accepted meanings within
Regular Session, June 19, 2006
the context in which they are used. Unless
otherwise expressly stated or unless the context
clearly indicates a different intent, the following
terms shall, for the purpose of this article, have
the following meanings:
(1) Abandoned Building: Any building or
portion thereof which has stood with an
Incomplete exterior shell for six (6) months or
longer or any building or portion thereof which is
unoccupied and which meets one or more of the
following criteria:
a. Is unsecured; or
b. Is in violation of the City of Dubuque Housing
Code, Building Code or Fire Code.
(2) Buiiding Code: The International Building
Code promulgated by the International Code
Council, as adopted in Section 11-1 of the City
of Dubuque, Code of Ordinances.
(3) City Manager: Includes the Crty Manager's
designee.
(4) Dangerous Building. Any building or
structure which has any or all of the condrtions
or defects hereinafter described, provided that
such conditions or defects exist to the extent
that the iife, health, property or safety of the
pubiic or the occupants of the building are
endangered:
a. Whenever any door, aisle, passageway,
stairway or other means of exit is not of
sufficient width or size or is not so arranged as
to provide safe and adequate means of exit in
case of fire or panic.
b. Whenever the walking surface of any aisle,
passageway, stairway or other means of exit is
warped, worn, loose, tom or otherwise unsafe as
to not provide safe and adequate means of exit
in case of fire or panic.
c.Whenever the stress in any materials, member
or portion thereof, due to all dead and live loads,
is more than one and one-half (1 1/2) times the
working stress or stresses allowed on the
building code for new buildings of simiiar
structure, purpose or location.
d. Whenever any portion thereof has been
damaged by fire, earthquake, wind, flood or by
any other cause, to such an extent that the
structural strength or stability thereof is
materially less than it was before such
catastrophe and is less than the minimum
requirements of the building code for new
buiidings of similar structure, purpose or
location.
e. Whenever any portion or member or
appurtenance thereof is likely to fail, or to
become detached or dislodged, or to collapse
and thereby injure persons or damage property.
f. Whenever any portion of a building, or any
member, appurtenance or ornamentation on the
exterior thereof is not of sufficient strength or
stability, or is not so anchored, attached or
fastened in place so as to be capable of
resisting a wind pressure of one half of that
269
specified in the building code for new buildings
of similar structure, purpose or location without
exceeding the working stresses permitted in the
building code for such buildings.
g. Whenever any portion thereof has wracked,
warped, buckied or settled to such an extent that
walls or other structural portions have materially
less resistance to winds or earthquakes than is
required in the case of similar new construction.
h. Whenever the building or structure, or any
portion thereof, is likely to partially or completely
collapse because of:
I. dilapidation, deterioration or decay;
iI.fauity construction;
iii. the removal, movement or instability of any
portion of the ground necessary for the purpose
of supporting such building;
iv. the deterioration, decay or inadequacy of its
foundation; or
v.any other cause.
I. Whenever, for any reason, the building or
structure, or any portion thereof, is manifestly
unsafe for the purpose for which it is being used.
j. Whenever the exterior walls or other vertical
structural members list, iean or buckle to such
an extent that a plumb line passing through the
center of gravity does not fali inside the middle
one third of the base.
k. Whenever the building or structure, exclusive
of the foundation, shows thirty-three (33) percent
or more damage or deterioration of its
supporting member or members, or fifty (50)
percent damage or deterioration of its non-
supporting members, enclosings or outside walls
or coverings.
I. Whenever the building or structure has been
so damaged by fire, wind, earthquake or flood,
or has become so dilapidated or deteriorated as
to become (a) an attractive nuisance to children;
(b) a harbor for vagrants or criminals, or as to (c)
enable persons to resort thereto for the purpose
of committing uniawful acts.
m. Whenever any building or structure has been
constructed, exists or is maintained in violation
of any specific requirement or prohibition
applicable to such building or structure provided
by the building regulations of this city, as
specified in the buiiding code or housing code,
or of any law or ordinance of this state or city
reiating to the condition, location or structure of
buildings.
n. Whenever any building or structure which,
whether or not erected in accordance with all
appiicabie laws and ordinances, has in any non-
supporting part, member or portion less than fifty
(50) percent, or in any supporting part, member
or portion less than sixty-six (66) percent of the
(a) strength, (b) fire-resisting qualities or
characteristics, or (c) weather-resisting qualities
or characteristics required by iaw in the case of
a newly constructed building of like area, height
and occupancy in the same location.
270
Regular Session, June 19, 2006
o. Whenever a building or structure, used or
intended to be used for dwelling purposes,
because of inadequate maintenance,
dilapidation, decay, damage, faulty construction
or arrangement, inadequate light, air or
sanitation facilities, or otherwise, Is determined
by the health officer to be unsanitary, unfit for
human habitation or in such a condition that is
likely to cause sickness or disease.
p. Whenever any building or structure, because
of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of
sufficient fire-resistive construction, faulty
electric wiring, gas connections or heating
apparatus, or other cause, is determined by the
fire marshal to be a fire hazard.
q. Whenever any building or structure is in such
condition as to constitute a public nuisance
known to the common law or in equity
jurisprudence.
r. Whenever any portion of a building or structure
remains on a site after the demolition or
destruction of the building or structure or
whenever any building or structure is abandoned
for a period in excess of six (6) months so as to
constitute such building or portion thereof an
attractive nuisance or hazard to the public.
(5) Fire Code: International Fire Code, 2003
edition, as adopted by Chapter 1 g of the City of
Dubuque, Code of Ordinances.
(6) Housing Code: The City of Dubuque
Residential Housing Code, as adopted in
Section 26-1 of the City of Dubuque, Code of
Ordinances.
(7) Nuisance: Each of the following shall be
defined as a "nuisance":
a. Any public nuisance known at common law
or in equity jurisprudence.
b. Any attractive nuisance which may prove
detrimental to persons whether in a building, on
the premises of a building, or upon an
unoccupied lot.
c. Whatever is dangerous to human life or is a
menace to the public health, welfare or safety as
determined by the City Manager.
d. A building that is structurally unsafe,
unsanitary or not provided with adequate safe
egress, or that constitutes a fire hazard, or
otherwise constitutes a hazard by reason of
inadequate maintenance, dilapidation or
obsolescence or abandonment.
e. Uncleanliness to the risk of unhealthiness,
as determined by the City Manager.
f. Whatever renders air, food
unwholesome or detrimental to the
human beings, as determined by
Manager.
(8) Vacant Building: Any building or portion of a
building which is:
a. Unoccupied and unsecured;
b. Unoccupied and secured by means other
than those used in the design of the building;
or drink
health of
the City
c. Declared a dangerous building as defined in
(4) above;
d. Unoccupied and unfit for occupancy as
determined by the City Manager;
e. Unoccupied and has housing and building
code violations;
f. Unoccupied for a continuous period of time
over six (6) months;
g. Unoccupied and open to vagrants, vandals,
children or the unwary;
h. Unoccupied and not maintained by owner or
responsible party; or
i.Unoccupied and not receiving service by
public utilities.
Sec. 33-109: Vacant and Abandoned Building
License:
No person or business shall maintain a vacant
or abandoned building as defined by this Code,
in the City unless such person or business holds
s current unrevoked abandoned or vacant
building rocense, issued by the City Manager, in
the name of the owner/operator for the specific
named building.
Sec. 33-110. Registration:
The owner shall register a vacant or abandoned
building with the City Manager not later than
thirty (30) calendar days after any building in the
City becomes abandoned or vacant as defined
in this chapter. Failure to register an abandoned
or vacant building or providing false information
to the City Manager shall be a violation of this
chapter.
The registration shall include the following
information:
(1) A description of the premises;
(2) The names and addresses of the owner or
owners;
(3) The names and addresses of all known lien
holders and all other parties with an ownership
interest in the building;
(4) The name of the agent designated to act on
the behalf of an out-of-town property owner to
accept legal processes and notices, and to
authorize repairs as required; and
(5) The period of time the building is expected to
remain vacant and/or a plan and timetable to
comply with applicable city codes.
Sec. 33-111. Fees:
The owner of a vacant or abandoned building
shall pay an annual fee reasonably related to the
administrative cost of registering and processing
the registration form and the costs of the city in
monitoring and inspecting the property and
established by the City Manager and shall be
paid in full prior to the issuance of any permits or
acceptance of the registration form for the
subject property.
Sec. 33-112. Terms of Licenses:
(1) Every license issued under this division
shall expire on December 31 of the year in
which issued and shall become delinquent on
March 31 of the year due.
Regular Session, June 19, 2006
271
(2) Upon application a license may be
renewed and remain effective for successive
periods of one calendar year unless sooner
revoked at any time by the City Manager for
noncompliance with any applicable provisions of
this Code.
(3) Licenses may be transferred from one
person or business to another provided notice of
the transfer is given in writing within five (5)
working days of the transfer, to the City
Manager.
(4) Licenses shall not be transferable from one
building to another.
(5) Every person or business holding a license
shali give notice in writing to the City Manager
within five (5) working days after having
transferred or otherwise disposed of the legal
control of the licensed building. Such notice
shali include the name and address of the
persons or businesses succeeding to the
ownership or control of such licensed building.
Sec. 33-113. Inspections:
The owner shali aliow inspection of the
building by City representatives upon request
and shali aliow annual inspection of the interior
and exterior of the premises for the purpose of
enforcing and assuring compliance with the
provisions of this chapter and the housing,
building and fire Codes.
Sec. 33-114. Renewal Licenses:
The City Manager is hereby authorized to
issue and renew vacant or abandoned building
licenses for specific buildings, in the names of
the applicant owners, operators or managers,
provided the foliowing criteria are met:
(1) The building for which the license is sought
is warranted by the owner or operator to
substantialiy comply with applicable provisions
of this code.
(2) The owner or operator legaliy authorized
and responsible for maintenance of the building
for which a vacant or abandoned building
license is sought shali first make application
therefore on an application provided by the City
Manager.
(3) AIi fees required by this Code pursuant to
the issuance of a vacant or abandoned building
license are paid in fuli to the City.
(4) The applicant shali designate a responsible
agent to represent the owner/operator whenever
the said applicant is not available for
maintenance of the building for which a license
is sought: Said agent shali have fuli authority
and responsibility, the same as the
owner/operator, for maintaining the building.
Sec. 33-115. Renewal, Penalty for Failure to
Renew License:
An application for renewal of a vacant or
abandoned building license may be made within
sixty (60) days prior to the expiration of an
existing operating license. Application for
renewal of vacant or abandoned building
licenses shali be due on January 1. Appiication
may be made and license fees paid until March
31 without penalty. Each day that the owner
fails to renew such license as required by this
Article shali constitute a separate violation for
which a municipal infraction citation may be
issued.
Sec. 33-116. Revocation, Reinstatement
Measures:
If a vacant or abandoned building license is
revoked by the City Manager for noncompliance
with any applicable provisions of this Code, the
owner/operator of the building shali be given
thirty (30) days to comply with the provisions of
this Code. Extensions of such thirty-day period
may be granted at the discretion of the City
Manager. Upon expiration of the thirty-day
period, or any extension thereof, if the building
continues to be noncompliant, a municipal
infraction will be issued.
Sec. 33-117. Relationship of License to Other
Codes:
The issuance of any license for any vacant or
abandoned building shall not in any way signify
or impiy that the building conforms with the Iowa
State Building Code or the housing, building,
zoning, fire ordinances or other ordinances of
the City. The issuance of a license shall not
relieve the owner or operator of the
responsibility for compliance with said applicable
housing, building, zoning, fire or other applicable
codes and ordinances.
Section 2. This Ordinance shall take effect
December 1, 2006.
Passed, approved and adopted this 1 9th day
of June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 271h day of June, 2006.
Jeanne F. Schneider, City Clerk
1t6/24
Jones 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 Braig. Motion carried
7-0. Jones moved final consideration and
passage of the Ordinance. Seconded by
Connors. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Buol reported on the US Conference of
Mayors' meeting he recently attended and
commented that it was a very committed group
with a lot of the same issues. He also stated
that he would be working with School
Superintendent John Burgart on a "Science in
the Schools" program that was discussed at the
Conference.
272
Regular Session, June 19, 2006
Council Member Lynch extended condoiences
to the family of City employee Richard Ward on
his death earlier that day.
Council Member Jones reported that the
Dubuque County Board of Supervisors had
voted to make a substantial contribution to the
Dubuque County Emergency Responder
Training Center currently being constructed.
There being no further business, Cline moved
to adjourn. Seconded by Braig. Motion carried
7-0. The meeting adjourned at 10:23 P.M.
/s/ Jeanne F. Schneider, CMC
City Cierk
11 6/28
Approved:
() 2006
Adopted
~
2006
TU..--
Council Members
Special Session, June 21, 2006
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Session, June 21,2006
Council met at 5:00 p.m., City Hall Conference
Room B
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen
Mayor Buol read the call and stated this was a
Special Session of the City Council called for the
purpose of discussing such matters which may
prope~y come before the City Council.
RESOLUTION NO. 268-06
V\Ihereas, applications for Uquor 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
appiicants were inspected and found to comply
with the State Laws and all Oity Ordinances
reievant 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.
SPECIAL CLASS "C" LIQUOR LICENSE
Rotary Club of Dubuque Rotary ClublGrand
Opera House+(Sunday Sale) 135 W. 8th St
Passed, approved and adopted this 21 st day
of June 2006. .
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resoiution.
Seconded by Cline. Motion passed 7-0.
Council moved to go into Ciosed Session in
accordance with Ch. 21.5 1(i) 2005 Code of
Iowa, to evaluate the professionai competency
of an individual whose appointment, hiring,
performance or discharge is being considered
when necessary to prevent needless and or
irreparable injury to that individual's reputation
and that individual has requested a Closed
Session.
City Manager Van Milligen left the Closed
Session at6:14 p.m.
Council reconvened in Special Session at 6:35
p.m., indicating the evaluation had been
completed.
273
There being no further business, Cline moved
to adjourn. Seconded by Braig. Motion carried
7-0. The meeting adjourned at 6:36 p.m.
Isl Jeanne F. Schneider, CMC
City Clerk
11 6/28
2006
2006
Council Members