9 2 08 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on September 2, 2008 in the Historic
Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City
Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session called for the purpose of discussing such
matters which may properly come before the City Council.
Invocation was provided by Pastor Dianne Christopher, St. Luke's Methodist Church.
SWEARING-IN
Mayor Pro-Tem Kevin Lynch
PROCLAMATIONS
National Alcohol and Drug Addiction Recovery Month (September, 2008) was accepted by Diane
Thomas, Substance Abuse Services Center, and Malissa Sprenger, Mercy Turning Point Treatment
Center; City Employer Support of the Guard and Reserve Week (September 14 – 20, 2008) was accepted
by Tom Flynn and Dan Nicholson.
CONSENT ITEMS
Motion by Jones to receive and file the documents, adopt the resolutions, and dispose of as indicated.
Seconded by Voetberg. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 8/18, 8/25 and 8/26; Civil Service Commission of 8/7
and 8/20; Historic Preservation Commission of 8/21; Long Range Planning Advisory Commission of 8/20;
Zoning Advisory Commission of 8/6
Proof of publication of printed City Council proceedings of August 4, 2008
Upon motion the documents were received and filed.
Notice of Claims/Suits: Bert and Dave Ament for property damage; US Bank National Association vs.
City of Dubuque, et al; Dennis A. Roling for property damage
Upon motion the documents were received and filed and referred to the City Attorney.
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: Bert Ament for property damage.
City Attorney recommending denial of the claim of Bruce Ohnesorge for vehicle damage.
Upon motion the documents were received, filed and concurred.
Citizen Communication: Communication from David H. Parrett, 9349 April Lynne Court, regarding air-
brake, air tank modifications to City vehicles. Upon motion the document was received and filed and
referred to the City Manager.
Purchase of Property – 7000 Pennsylvania Avenue: City Manager recommending approval of the
acceptance of the warranty deed from Allen F. and Mary Ann Lex for property located at 7000
Pennsylvania Avenue. Upon motion the documents were received and filed and Resolution No. 282-08
Accepting the deed to certain real estate in Dubuque County, Iowa from Allen F. Lex and Mary Ann Lex
was adopted.
RESOLUTION NO. 282-08
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM ALLEN
F. LEX AND MARY ANN LEX
WHEREAS, the City of Dubuque entered into an Agreement with Allen F. Lex and Mary Ann Lex for the
purchase of the following described real property in Dubuque County, Iowa: Lot 2 of the East 10 acres of
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the North East ¼ of the North West ¼ of Section 30, in Township 89 North, Range 2 East of the 5 P.M.,
Dubuque County, Iowa, according to the recorded Plat thereof; and
WHEREAS, the terms of the Agreement have now been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the Deed from Allen F. Lex and Mary Ann Lex, a copy of which
is attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the
Dubuque County Recorder.
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Passed, approved and adopted this 2 day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Sale of Property – 141 East 11 Street: City Manager recommending approval of the sale of property
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located at 141 East 11 Street to Doug Horsfall/Horsfall, Inc., as part of the condominium renovation
project located adjacent at 1126 White Street. Upon motion the documents were received and filed and
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Resolution No. 283-08 Approving the sale of real estate located at 141 East 11 Street in the City of
Dubuque was adopted.
RESOLUTION NO.
283-08
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A RESOLUTION APPROVING THE SALE OF REAL ESTATE LOCATED AT 141 EAST 11 STREET,
IN THE CITY OF DUBUQUE
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WHEREAS, the City acquired the property at 141 East 11 Street for the purpose of its redevelopment
and re-use for owner-occupied housing; and
WHEREAS, such purpose supports the Washington Neighborhood revitalization strategy as approved
by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City of Dubuque hereby approves the sale of the following legally-described
property:
Lot One (1) of Lot Two (2) and Lot Two (2) of Lot Two (2) of the South One-fifth (1/5) of City Lot 480 in
the City of Dubuque, Iowa, Dubuque County, according to the United States Commissioners’ Map and the
recorded plats thereof, subject to easements of record At the cost of One dollar ($1.00).
Section 2. That the City be and is hereby authorized to provide a Special Warranty Deed to the buyer,
conveying the City’s interest to Horsfall Inc for the herein described real estate.
Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Special
Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with certified copy
of the Resolution.
Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the
Dubuque County Assessor and the Dubuque County Auditor.
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Passed, approved and adopted this 2 day of September, 2008
Roy D Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Port of Dubuque Adams Development, LLC/Partial Assignment of Development Agreement for
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Security: City Manager recommending approval of a Partial Assignment of Development Agreement for
Security as requested by Brian Kane, attorney for Port of Dubuque Adams Development, LLC. Upon
motion the documents were received, filed, and approved.
Eagle Point Water Plant Clear Well Renovation Project – Phase I: City Manager recommending
acceptance of the Eagle Point Water Clear Well Renovation Project – Phase I as completed by Tricon
General Construction in the final contract amount of $751,181. Upon motion the documents were received
and filed and Resolution No. 284-08 Accepting the Eagle Point Water Plant Clear Well Rehabilitation
Project – Phase I and authorizing payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 284-08
ACCEPTING THE EAGLE POINT WATER PLANT CLEAR WELL REHABILITATION PROJECT
PHASE I AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Eagle Point Water Plant Clear Well Rehabilitation
Project Phase I (the Project) has been completed and Veenstra & Kimm of West Des Moines, Iowa, the
City’s consulting engineering firm, has examined the work and filed a certificate stating that the Project
has been completed according to the terms of the Public Improvement Contract and has recommended
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’s consulting firm is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the Water
Department’s FY-2008 Capital Improvement Program Budget Fund Code 740-1828 appropriation for the
contract amount of $37,599 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 2nd day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY’S CONSULTANT ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE EAGLE POINT
WATER PLANT CLEAR WELL REHABILITATION PROJECT PHASE I
The undersigned City’s Consultant Engineer for the City of Dubuque, Iowa, hereby certifies that he has
inspected the Eagle Point Water Plant Clear Well Rehabilitation Project Phase I, that the Project has been
performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the
completed work is $751,180.
Dated this 21st day of August, 2008.
Leo F. Foley, P.E.
Veenstra & Kimm, Inc., West Des Moines, Iowa
Filed in the office of the City Clerk on the 27th day of August, 2008.
Jeanne F. Schneider, CMC, City Clerk
Holliday Third Addition – Stormwater Facilities Fee Agreement: City Manager recommending approval
of the assignment of interest in the Stormwater Facilities Agreement for Holliday Third Addition from
Commercial Holliday Development, LLC to both WBBW Holliday Development, LLC and Gomer Holliday
Development, LLC. Upon motion the documents were received, filed, and approved.
Snow and Ice Removal Assessments: City Manager recommending approval of the levy of special
assessments for snow and ice removal. Upon motion the documents were received and filed and
Resolution No. 285-08 Adopting the schedule of assessments for snow and ice removal specifying the
number of annual installments into which assessments are divided, the interest on all unpaid installments,
the time when the assessments are payable and directing the Clerk to certify the schedule of
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assessments to the County Treasurer and to publish notice thereof and Resolution No. 286-08
Authorizing the City to collect delinquent snow and ice removal charges in accordance with Section
364.12.2.b of the State of Iowa Code; Section 41-86, Section 26-(b)(3) & Section 26-6.(b) of the Code of
Ordinances of the City of Dubuque, Iowa, were adopted.
RESOLUTION NO. 285-08
ADOPTING THE SCHEDULE OF ASSESSMENTS FOR SNOW AND ICE REMOVAL CHARGES
SPECIFYING THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE
DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS
ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO
THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That after full consideration of the Schedule of Assessments attached hereto for snow and ice removal
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charges, was filed in the office of the City Clerk on the 2 day of September, 2008, the said Schedule of
Assessments be and the same is hereby approved and adopted.
That there be, and is hereby assessed and levied as a special tax against and upon each of the lots,
the respective sums indicated.
That the City Clerk be and she is hereby directed to certify said schedule to the County Treasurer of
Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive
weeks in the manner provided in Iowa Code §362.3, the first publication of which shall be for not more
than 15 days from the date of filing of the final schedule. On or before the date of the second publication
of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is
subject to assessment, as provided and directed in Iowa Code §384.60.
The assessments may be paid in full or in part without interest at the office of the City Treasurer, City
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Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of
the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid
assessments of $100.00 or more are payable in 10 annual installments, at the County Treasurer’s Office,
Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine
(9) percent (commencing on the date of acceptance of the work), computed to December 1 next following
the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each
installment will be delinquent from October 1 following its due date on July 1 of each year. Property
owners may elect to pay any annual installments semiannually in advance.
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Passed, approved and adopted this 2 day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 286-08
RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT SNOW AND ICE REMOVAL
CHARGES IN ACCORDANCE WITH SECTION 364.12.2.b OF THE STATE OF IOWA CODE; SECTION
41-86, SECTION 26-4.(b)(3) & SECTION 26-6.(b) OF THE CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
WHEREAS, residential properties in the City of Dubuque are considered hazardous or unsanitary
premises if snow and ice is allowed to accumulate; and
WHEREAS, whenever in the judgment of the Housing Officer, a nuisance that is “palpably and
indisputably such” exists which requires immediate action to protect the public health, safety or welfare of
the public, the Housing Officer may order the emergency abatement of such; and
WHEREAS, delinquent snow and ice removal charges shall be certified by the City Clerk to the
Dubuque County Treasurer for collection with, and in the same manner as general property taxes;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section I. That the persons hereinafter, owning the properties thereby set forth, are delinquent in the
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payment of snow and ice removal charges:
NAME AND ADDRESS, PROPERTY DESCRIPTION, AMOUNT
Wells Fargo Bank, One Home Campus, Des Moines, IA 50328, 10-13-336-024, LOT 35 E
LANGWORTHYS ADD, $960.00
Rodney N. & Karen A. Errthum, 39411 Errthum Road, Holy Cross, IA 52053, 10-24-257-011, NM 1/5
CITY LOT 490, $910.00
Julie A Lott, 265 Alpine Street, Dubuque IA 52001, 10-24-377-014, LOTS 799 & 800 A MCDANIELS
SUB 637-641, ARLINGTON, $150.00
Avery, Marianne B, C/O Double Q Corporation, 811 Valley View, East Dubuque IL 61025, 10-28-106-
004, LOT 12 BLK 1 SUNSET PARK SEVENTH ADD, $690.00
Citifinancial, Inc., 7467 New Ridge Road Suite 222, Hanover MD 21076, 10-26-279-013, LOT 16 T S
NAIRNS DUBUQUE, $685.00
Jerryl Lee Gesie, 21392 Crystal Drive, Dubuque, IA 52001, 10-24-128-001, LOT 1-130 L H LANGS
ADD, $685.00
Cletus Raymond Zimmerman, P.O. Box 2388, Davenport, IA 52809, 10-24-208-015, N 27.4'-E 1/2-
LOT 37 L H LANGWORTHY'S ADD, $885.00
Section 2. That the City Clerk be and she is hereby ordered and directed to certify to the County
Treasurer of Dubuque County, Iowa, that the persons named hereinbefore are delinquent in the payment
of snow and ice removal charges in the amount set aside of the respective names, and that said amounts
shall be collected in the same manner as general property taxes against the respective parcels of property
set opposite the names of the owners.
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Passed, approved and adopted this 2day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
AmeriCorps Grant: City Manager recommending approval of a three-year AmeriCorps Grant
agreement with the Corporation for National and Community Service. Upon motion the documents were
received, filed, and approved.
Four Mounds Archeological Survey: Historic Preservation Commission transmitting the final report for
the Four Mounds Archeological Survey and recommending City Council approval. Upon motion the
documents were received, filed, and approved.
Request for Proposals for Engineering Services: City Manager recommending approval of the issuance
of a Request for Proposals for engineering services for the water main extension along Highway 61/151
south from Gateway Drive to Key West Drive. Upon motion the documents were received, filed, and
approved.
Engineering Services – Miller Road Water Main Extension: City Manager recommending approval of
the issuance of a Request for Proposals for the engineering services for the water main extensions along
Miller Road. Upon motion the documents were received, filed, and approved.
Water Pollution Control Plant – Request for Proposals: City Manager recommending approval of the
issuance of a Request for Proposals for engineering design and construction services for the upgrades to
the Water Pollution Control Plant. Upon motion the documents were received, filed, and approved.
Legislative Correspondence: Communication to Senator Tom Harkin, Senator Charles Grassley and
Representative Bruce Braley regarding the City’s concern over a petition currently before the Federal
Communications Commission (FCC) and requesting their support in opposition to this action. Upon
motion the documents were received and filed.
German Bank Building Renovation Project: City Manager recommending approval of the loan
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agreement for a $300,000 Downtown Rehabilitation Loan, $10,000 Façade Grant and $10,000 Design
Grant for the German Bank Renovation Project. Upon motion the documents were received and filed and
Resolution No. 287-08 Authorizing execution of a Downtown Rehabilitation Loan, Façade Grant, and
Design Grant to German Bank Building (342 Main Street) Renovation was adopted.
RESOLUTION NO. 287-08
AUTHORIZING EXECUTION OF A DOWNTOWN REHABILITATION LOAN, FAÇADE GRANT, AND
DESIGN GRANT TO GERMAN BANK BUILDING (342 MAIN STREET) RENOVATION.
Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant Program for
the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal District; and
Whereas, the City of Dubuque, Iowa is encouraging the use of this loan/grant program to finance code
compliance activities and to spur job creation activities; and
Whereas, the Development Agreement with German Bank Building, LLLP approved by resolution 298-
07 committed to a $300,000 Downtown Rehabilitation Loan, $10,000 Façade Grant, and $10,000 Design
Grant for the renovation of the German Bank Building located at 342 Main Street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council approves the attached Loan Agreement with German Bank Building,
LLLP.
Section 2.That the City Manager is hereby authorized to execute, on behalf of the City Council of the
City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan funds
from the Downtown Rehabilitation Loan/Grant Program, in accordance with the terms and conditions of
the executed agreement.
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Passed, approved and adopted this 2 day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Workers’ Compensation Settlement: City Manager recommending approval of the settlement
agreement for the workers’ compensation claim of Francis Marshall. Upon motion the documents were
received, filed, and approved.
Agreement 2009-16-008 Final (U.S. 52 from 32nd Street to NW Arterial in Dubuque): City Manager
recommending approval of the Iowa Department of Transportation Agreement for the Drainage
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Improvement and Hot Mix Asphalt Resurfacing Project on U.S. 52 from 32 Street to the Northwest
Arterial. Upon motion the documents were received and filed and Resolution No. 288-08 Approving the
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Iowa Department of Transportation Agreement for 2009-16-008 Final (US 52 from 32 Street to
Northwest Arterial in Dubuque) for the Drainage Improvement and Hot Mix Asphalt (HMA) Resurfacing
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Project on US 52 between 32 Street and the Northwest Arterial was adopted.
RESOLUTION NO. 288-08
RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR
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2009-16-008 FINAL (US 52 FROM 32 STREET TO NW ARTERIAL IN DUBUQUE) FOR THE
DRAINAGE IMPROVEMENT AND HOT MIX ASPHALT (HMA) RESURFACING PROJECT ON US 52
ND
BETWEEN 32 STREET AND THE NORTHWEST ARTERIAL
Whereas, the Iowa Department of Transportation (Iowa DOT) has made funds available for the
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Drainage Improvement and Hot Mix Asphalt (HMA) Resurfacing Project on US 52 from 32 Street to
Northwest Arterial in Dubuque.
Whereas, the Drainage Improvement and Hot Mix Asphalt (HMA) Resurfacing Project on US 52 from
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32 Street to Northwest Arterial in Dubuque has been developed to include: Pavement rehabilitation
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including patching, intermittent curb replacement, milling, 3-inch HMA resurfacing on US 52 from 32
Street to the concrete pavement placed as part of the NW Arterial project; and paving the granular
shoulder on the east side of US 52 from the end of the curb and gutter section near Gun Club Road
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northerly to the Northwest Arterial; and construction of storm sewer improvements between 32 Street
and the Northwest Arterial and a “Be Prepared to Stop When Flashing” installation for southbound US 52
in advance of the Northwest Arterial.
Whereas, the Surface Transportation Program (STPN) Funds will be required to complete said
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improvements of Primary Road US 52 between 32 Street and the Northwest Arterial within Dubuque
County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That said Iowa Department of Transportation Agreement 2009-16-008 Final (US 52 from
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32 Street to NW Arterial in Dubuque) between the City of Dubuque and the Iowa Department of
Transportation be approved for the Drainage Improvement and Hot Mix Asphalt (HMA) Resurfacing
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Project on US 52 from 32 Street to Northwest Arterial in Dubuque.
Section 2. That the Mayor be authorized and directed to execute two copies of Iowa Department of
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Transportation Agreement 2009-16-008 Final (US 52 from 32 Street to NW Arterial in Dubuque).
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Passed, approved and adopted this 2 day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Curtis Collection: City Manager recommending approval of the sale of the Curtis Collection to the
Dubuque Cultural Preservation Committee through the Purchase Agreement and Purchase Agreement
Addendum. Upon motion the documents were received, filed, and approved.
Liquor License Applications: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion the documents were received and filed and Resolution No. 289-08 Granting
the issuance of a Class “B” Beer Permit (5-Day Special Event) to Dubuque Jaycees, Rhody’s, and Colts
Community Center; and a Class “C” Beer Permit to Wal-Mart Supercenter and Eagle Country Market and
Resolution No. 290-08 Granting the issuance of a Class “C” Beer/Liquor License (5-Day Special Event) to
Clarke College; Class “C” Beer/Liquor License to National Mississippi River Museum, Los Aztecas
Mexican Restaurant; Special Class “C” (BW) Liquor License to Bandana’s Bar-B-Q; and a Class “B” Wine
Permit to Eagle Country Market and Wal-Mart Supercenter were adopted.
RESOLUTION NO. 289-08
Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and
the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to comply with the
Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Manager be authorized to cause to be issued the following named applicants a Beer Permit.
CLASS “B” BEER PERMIT (5-DAY SPECIAL EVENT)
Dubuque Jaycees Dubuque Jaycees Town Clock Inn
Rhody’s Double J Rhody’s Miller Riverview Park
Legionnaires Drum/Bugle Corp. Colts Community Center 1000 Northview Drive-Vets Park
CLASS “C” BEER PERMIT
Wal-Mart Store, Inc. Wal-Mart Supercenter+(Sunday Sale) 4200 Dodge Street
Downtown Eagle, Inc. Eagle Market+(Sunday Sale) 1800 Elm Street
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Passed, approved and adopted this 2 day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 290-08
Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the
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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
Clarke College Clarke College 1550 Clarke Drive
(Kehl Center near tennis courts)
CLASS “C” BEER/LIQUOR LICENSE
Dubuque Co. Historical Society Nat’l Mississippi River Museum 350 E 3 rd Street
+(Sunday/Outdoor Sale)
Famolo of Iowa Los Aztecas Mexican Restaurant 2700 Dodge Street
+(Sunday Sale)
Red Robin International Red Robin Burger & Spirits 2775 NW Arterial
+(Sunday/Outdoor Sale)
SPECIAL CLASS “C” (BW) LIQUOR
Bandana’s Missouri LLC Bandana’s Bar-B-Q+(Sunday Sale) 2035 JFK Road
CLASS “B” WINE
Downtown Eagle, Inc. Eagle Country Market 1800 Elm Street
Wal-Mart Stores, Inc. Wal-Mart Supercenter #2004 4200 Dodge Street
Passed, approved and adopted this 2nd day of September, 2008
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as
indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Jones. Motion
carried 7-0.
Water Revenue Bonds: City Manager recommending that a public hearing be set for September 15,
2008 to consider the issuance of not to exceed $1,350,000 Water Revenue Bonds to pay the costs of
water main replacements and repairs, construction of water main extensions, and the acquisition and
installation of pump station radio communications equipment. Upon motion the documents were received
and filed and Resolution No. 291-08 Fixing date for a meeting on the proposition of the issuance of not to
exceed $1,350,000 Water Revenue Bonds of Dubuque, Iowa, and providing for publication of notice
thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 15,
2008 in the Historic Federal Building.
RESOLUTION NO. 291-08
RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $1,350,000 WATER REVENUE BONDS OF DUBUQUE, IOWA AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
WHEREAS, the City of Dubuque, Iowa is in need of funds to carry out the purpose hereinafter
described; and, it is deemed necessary and advisable that the City should issue Water Revenue Bonds to
the amount of not to exceed $1,350,000, as authorized by Section 384.83 of the City Code of Iowa, for the
purpose of providing funds to pay costs thereof; and
WHEREAS, before the Bonds may be issued, it is necessary to comply with the provisions of the Code,
and to publish a notice of the proposal to issue such Bonds and of the time and place of the meeting at
which it is proposed to take action for the issuance of the Bonds and to receive oral and/or written
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objections from any resident or property owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That this governing body meet in the Historic Federal Building, 350 West 6th Street at
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Dubuque, Iowa, at 6:30 p.m., on the 15 day of September, 2008, for the purpose of taking action on the
matter of the issuance of not to exceed $1,350,000 Water Revenue Bonds of the City, the proceeds of
which Bonds will be used to provide funds to pay costs of water main replacements and repairs,
construction of water main extensions, and the acquisition and installation of pump station radio
communications equipment and facilities.
Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of
such meeting, in a legal newspaper, printed wholly in the English language, published at least once
weekly, and having general circulation in the City, such publication to be not less than four clear days nor
more than twenty days before the date of the public meeting on the issuance of the Bonds.
Section 3. The notice of the proposed action to issue the Bonds shall be in substantially the [provided]
form.
Passed and approved this 2nd day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
General Obligation Bonds – Bee Branch Project: City Manager recommending that a public hearing be
set for September 15, 2008 to consider the issuance of not to exceed $4,000,000 General Obligation
Bonds for the Bee Branch Project. Upon motion the documents were received and filed and Resolution
No. 292-08 Fixing date for a meeting on the proposition of the issuance of not to exceed $4,000,000
General Obligation Bonds (for an essential corporate purpose) of Dubuque, Iowa, and providing for
publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m.
on September 15, 2008 in the Historic Federal Building.
RESOLUTION NO. 292-08
RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $4,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE
PURPOSE) OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa should issue General
Obligation Bonds to the amount of not to exceed $4,000,000, as authorized by Section 384.25 of the City
Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate
purpose project as hereinafter described; and
WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said
Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the
meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral
and/or written objections from any resident or property owner of said City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa,
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at 6:30 p.m., on the 15 day of September, 2008, for the purpose of taking action on the matter of the
issuance of not to exceed $4,000,000 General Obligation Bonds for an essential corporate purpose of
said City, the proceeds of which bonds will be used to provide funds to pay costs of the construction of
stormwater management facilities and improvements, including those costs associated with the
acquisition of properties for the Bee Branch Creek Restoration Project.
Section 2. The Clerk is hereby directed to cause at least one publication to be made of a notice of said
meeting, in a legal 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 clear days nor more
than twenty days before the date of said public meeting on the issuance of said bonds.
Section 3. The notice of the proposed action to issue said Bonds shall be in substantially the [provided]
9
form.
nd
Passed and approved this 2 day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
General Obligation Bonds – Greater Downtown Urban Renewal District: City Manager recommending
that a public hearing be set for September 15, 2008 to consider the issuance of not to exceed $3,000,000
to provide funds for the Library Renovation Project and the Kephart Building renovations. Upon motion the
documents were received and filed and Resolution No. 293-08 Fixing date for a meeting on the
proposition of the issuance of not to exceed $3,000,000 General Obligation Bonds (for an urban renewal
purpose) of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on September 15, 2008 in the Historic Federal Building.
RESOLUTION NO. 293-08
RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $3,000,000 GENERAL OBLIGATION BONDS (FOR URBAN RENEWAL PURPOSES) OF
DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue
General Obligation Bonds to the amount of not to exceed $3,000,000, as authorized by Sections 403.12
and 384.24(3)(q) of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out the
urban renewal projects as hereinafter described; and
WHEREAS, before said Bonds may be issued, it is necessary to comply with the provisions of said
Code, and to publish a notice of the proposal to issue such Bonds and of the time and place of the
meeting at which the Council proposes to take action for the issuance of the Bonds and to receive oral
and/or written objections from any resident or property owner of said City to such action, and the right to
petition for an election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa,
th
at 6:30 p.m.., on the 15 day of September, 2008, for the purpose of taking action on the matter of the
issuance of not to exceed $3,000,000 General Obligation Bonds for urban renewal purposes of said City,
the proceeds of which bonds will be used to provide funds to pay costs of aiding in the planning,
undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the
Code of Iowa and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District, including those costs associated with the Library Renovation Project and building
renovations and improvements to the former Kephart's Building.
Section 2. To the extent any of the projects or activities described in this resolution may be reasonably
construed to be included in more than one classification under Division III of the City Code of Iowa, the
Council hereby elects the "essential corporate purpose" classification and procedure with respect to each
such project or activity, pursuant to Section 384.28 of the City Code of Iowa.
Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said
meeting, in a legal 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 ten clear days before the
date of said public meeting on the issuance of said Bonds.
Section 4. The notice of the proposed action to issue said Bonds shall be in substantially the [provided]
form.
nd
Passed and approved this 2 day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
General Obligation Bonds – Dubuque Industrial Center West Urban Renewal District: City Manager
recommending that a public hearing be set for September 15, 2008 to consider the issuance of not to
10
exceed $3,100,000 General Obligation Bonds to pay the costs associated with the North Siegert Farm
demolition and grading project at the Dubuque Industrial Center West (DICW). Upon motion the
documents were received and filed and Resolution No. 294-08 Fixing date for a meeting on the
proposition of the issuance of not to exceed $3,100,000 General Obligation Bonds (for an urban renewal
purpose) of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on September 15, 2008 in the Historic Federal Building.
RESOLUTION NO. 294-08
RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $3,100,000 GENERAL OBLIGATION BONDS (FOR AN URBAN RENEWAL PURPOSE)
OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa should issue General
Obligation Bonds to the amount of not to exceed $3,100,000, as authorized by Sections 403.12 and
384.24(3)(q) of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out an urban
renewal project as hereinafter described; and
WHEREAS, before said Bonds may be issued, it is necessary to comply with the provisions of said
Code, and to publish a notice of the proposal to issue such Bonds and of the time and place of the
meeting at which the Council proposes to take action for the issuance of the Bonds and to receive oral
and/or written objections from any resident or property owner of said City to such action, and the right to
petition for an election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa,
th
at 6:30 o'clock PM., on the 15 day of September, 2008, for the purpose of taking action on the matter of
the issuance of not to exceed $3,100,000 General Obligation Bonds for an urban renewal purpose of said
City, the proceeds of which bonds will be used to provide funds to pay costs of aiding in the planning,
undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the
Code of Iowa and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
West Economic Development District, including those costs associated with the North Siegert Farm
demolition and grading project.
Section 2. The Clerk is hereby directed to cause at least one publication to be made of a notice of said
meeting, in a legal 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 ten clear days before the
date of said public meeting on the issuance of said Bonds.
Section 3. The notice of the proposed action to issue said Bonds shall be in substantially the [provided]
form.
nd
Passed and approved this 2 day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Montcrest Street Sanitary Sewer Reconstruction Project: City Manager recommending initiation of the
public bidding process for the Montcrest Street Sanitary Sewer Reconstruction Project and that a public
hearing be set for September 15, 2008 to consider approval of the plans and specifications, form of
contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 295-
08 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of
public hearing and ordering bids for the Montcrest Street Sanitary Sewer Reconstruction Project;
Resolution No. 296-08 Approving the plat, schedule of assessments and estimate of total cost and setting
date of public hearing on Resolution of Necessity; and Resolution No. 297-08 Resolution of Necessity
were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 15, 2008 in
the Historic Federal Building.
11
RESOLUTION NO. 295-08
MONTCREST SANITARY SEWER EXTENSION PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Montcrest Sanitary
Sewer Extension Project, in the estimated amount $59,632.45, are hereby preliminarily approved and
ordered filed in the office of the City Clerk for public inspection.
th
A public hearing will be held on the 15 day of September, 2008, at 6:30 p.m. in the Historic Federal
Building Council Chambers at which time interested persons may appear and be heard for or against the
proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk
be and is hereby directed to cause the attached notice of the 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
published not less than four days nor more than twenty days prior to the date of such hearing. At the
hearing, any interested person may appear and file objections to the proposed plans, specifications, form
of contract, or estimated cost of the Project.
The Montcrest Sanitary Sewer Extension Project is hereby ordered to be advertised for bids for
construction.
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.
The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein
provided, by publishing the attached Notice to Bidders to be published in a newspaper having general
circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more
th
than forty-five days before the date for filing bids before 2:00 p.m. on the 18 day of September, 2008.
Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for
th
final action at the 6 day of October, 2008, in the Historic Federal Building Council Chambers (second
th
floor), 350 West 6 Street, Dubuque, Iowa.
nd
Passed, adopted and approved this 2 day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 296-08
MONTCREST SANITARY SEWER EXTENSION PROJECT
APPROVING THE PLAT, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST AND
SETTING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY
Whereas, the proposed Resolution of Necessity for the Project has been introduced for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
The attached plat, schedule of assessments, and estimate of total cost for the Montcrest Sanitary
Sewer Extension Project and the proposed Resolution of Necessity are hereby approved and ordered
placed on file in the Office of the City Clerk.
th
The City Council will meet on the 15 day of September, 2008, at 6:30 o’clock p.m. at the Historic
th
Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa, at which time the
owners of property subject to assessment for the proposed improvement or any other person having an
interest in the matter may appear and be heard for or against the making of the improvement, the
boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of
necessity.
A property owner will be deemed to have waived all objections unless at the time of hearing the
property owner has filed objections with the City Clerk.
The City Clerk be and is hereby authorized and directed to cause the attached notice of the time and
12
place of such hearing to be published in a newspaper having general circulation in the City of Dubuque,
Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of
which shall be not less than ten days prior to the day fixed for its consideration.
nd
Passed, approved and adopted this 2 day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 297-08
MONTCREST SANITARY SEWER EXTENSION PROJECT
RESOLUTION OF NECESSITY
Whereas, the plat, schedule of assessments, and estimate of total cost for the Montcrest Sanitary
Sewer Extension Project have been duly prepared and approved by the City Council of the City of
Dubuque and ordered placed on file in the office of City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
The Montcrest Sanitary Sewer Extension Project includes the extension of 475 feet of 8-inch diameter
sanitary sewer main, the installation of 255 of 4-inch diameter sewer laterals from the main to the three
houses, and ditch remediation at the end of Spires Court.
There is on file in the office of the City Clerk an estimated total cost of the work, and a preliminary plat
and schedule showing the amount proposed to be assessed to each lot for the improvement.
The date, time, and place the council will hear property owners subject to the assessment and
interested parties for or against the improvement, its cost, the assessment, or the boundaries of the
district:
The City Council deems it advisable and necessary for the public welfare to make the herein mentioned
improvements.
Unless a property owner files objections with the City Clerk at the time of hearing on the resolution of
necessity, the property owner is deemed to have waived all objections pertaining to the regularity of the
proceeding and the legality of using the special assessment procedure.
Said improvements shall be constructed in accordance with the plans and specifications which have
been approved by the City Council and are now on file in the Office of the City Clerk. The cost of making
such improvement will be assessed against property lying with the assessment limits.
nd
The above resolution was introduced, approved and ordered placed on file with the City Clerk this 2
day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Carnegie Stout Public Library Renovation Project: City Manager recommending initiation of the public
bidding process for the Carnegie Stout Public Library Renovation Project and that a public hearing be set
for September 15, 2008 to consider approval of the plans and specifications, form of contract and
estimated cost. Upon motion the documents were received and filed and Resolution No. 298-08
Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public
hearing and ordering bids for the Carnegie Stout Public Library Renovation Project was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on September 15, 2008 in the Historic Federal
Building.
RESOLUTION NO. 298-08
CARNEGIE-STOUT PUBLIC LIBRARY RENOVATION PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
13
The proposed plans, specifications, form of contract and estimated cost for the Carnegie-Stout Public
Library Renovation Project, in the estimated amount $5,491,714, are hereby preliminarily approved and
ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 15th day of September, 2008, at 6:30 p.m. in the Historic Federal
Building Council Chambers at which time interested persons may appear and be heard for or against the
proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk
be and is hereby directed to cause the attached notice of the 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
published not less than four days nor more than twenty days prior to the date of such hearing. At the
hearing, any interested person may appear and file objections to the proposed plans, specifications, form
of contract, or estimated cost of the Project.
The Carnegie-Stout Public Library Renovation Project is hereby ordered to be advertised for bids for
construction.
Multiple prime construction bids will be received for the following:
?
Contract No. 1 – General Construction
?
Contract No. 2 – Doors, Frames and Hardware (supply only)
?
Contract No. 3 – Aluminum Entrances, Skylights & Glazing Systems
?
Contract No. 4 – Painting and Wall Coverings
?
Contract No. 5 – Acoustical Tile Ceilings
?
Contract No. 6 – Flooring & Tile
?
Contract No. 7 – Roofing
?
Contract No. 8 – Elevator
?
Contract No. 9 – Plumbing & Fire Protection Systems
?
Contract No. 10 – HVAC Systems
?
Contract No. 11 – Test, Adjust and Balance
?
Contract No. 12 – Electrical Systems
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.
The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein
provided, by publishing the attached Notice to Bidders to be published in a newspaper having general
circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more
than forty-five days before the date for filing bids before 2:00 p.m. on the 7th day of October, 2008. Bids
shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final
action at 6:30 p.m. on the 20th day of October, 2008, in the Historic Federal Building Council Chambers
th
(second floor), 350 West 6 Street, Dubuque, Iowa.
nd
Passed, adopted and approved this 2 day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fiscal Year 2009 Budget Amendment: City Manager recommending that a public hearing be set for
October 6, 2008 to consider approval of the first amendment to the Fiscal Year 2009 Budget. Upon motion
the documents were received and filed and Resolution No. 299-08 Setting the date for the public hearing
on Amendment No. 1 to the Fiscal Year 2009 Budget for the City of Dubuque was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on October 6, 2008 in the Historic Federal Building.
RESOLUTION NO. 299-08
SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE FISCAL YEAR
2009 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a
public hearing on amendments to the budget and publish notice before the hearing as provided in Iowa
Code Section 362.3.
14
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council shall conduct a public hearing on proposed Amendment No. 1 to the
Fiscal Year 2009 budget for the City of Dubuque at the City Council Chambers at the Historic Federal
Building, 350 West 6th Street, Dubuque, Iowa, on Monday, October 6, 2008, beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public
hearing, according to law, together with the required budget information.
Passed, approved and adopted this 2nd day of September 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the following
Boards/Commissions: Environmental Stewardship Advisory Commission: One 3-year term through
October 1, 2011 (Term of Klostermann). Applicant: Wayne Klostermann, 2636 Queen Street. Mr.
Klostermann spoke in support of his appointment.
Appointments to the following Boards/Commissions: Airport Commission: One 4-year term through
September 14, 2012 (Term of Czeshinski). Applicant: Susan Czeshinski, 2203 Sunnyslope Drive. Motion
by Connors to appoint Sue Czeshinski to the Airport Commission for a 4-year term through September 14,
2012. Seconded by Braig. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Greater Downtown Urban Renewal District – South Port Area: Proof of publication on notice of hearing
to consider an amendment to the Urban Renewal Plan for the Greater Downtown Urban Renewal District
– South Port Area and City Manager recommending approval.
Communication from the Long Range Planning Advisory Commission recommending approval of the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District.
Motion by Connors to receive and file the documents and adopt Resolution No. 300-08 Approving the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 300-08
A RESOLUTION APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE
GREATER DOWNTOWN URBAN RENEWAL DISTRICT.
Whereas, on August 4, 2008 the City Council of the City of Dubuque, Iowa authorized the preparation
of an Amended and Restated Urban Renewal Plan (the "Plan") for the Greater Downtown Urban Renewal
District (the "District"); and
Whereas, the City of Dubuque's primary objective in amending this Plan is to provide opportunities for
further redevelopment and reinvestment in the downtown; and
Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has found that
said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as
a whole and has transmitted its findings to the City Council; and
Whereas, a consultation process has been undertaken with affected taxing entities in accordance with
Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan
received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public
hearing on the proposed amended and restated Plan after public notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
15
IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District, attached hereto and made reference to herein, be approved.
Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a
certified copy of the Resolution in the office of the Dubuque County Recorder.
nd
Passed, approved and adopted this 2 day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque Brewing and Malting Urban Renewal District: Proof of publication on notice of hearing to
consider creation of the Dubuque Brewing and Malting Urban Renewal District which would include
approximately 14 acres of property located along Jackson Street and City Manager recommending
approval.
Communication from the Long Range Planning Advisory Commission recommending approval of the
Urban Renewal Plan for the Dubuque Brewing and Malting Urban Renewal District.
Motion by Connors to receive and file the documents and adopt Resolution No. 301-08 Approving the
Urban Renewal Plan for the Dubuque Brewing and Malting Urban Renewal District. Seconded by Lynch.
Motion carried 7-0.
RESOLUTION NO. 301-08
A RESOLUTION APPROVING THE URBAN RENEWAL PLAN FOR THE DUBUQUE BREWING &
MALTING URBAN RENEWAL DISTRICT.
Whereas, on August 4, 2008 the City Council of the City of Dubuque, Iowa authorized the preparation
of an Urban Renewal Plan (the "Plan") for the Dubuque Brewing & Malting Urban Renewal District (the
"District"); and
Whereas, the City of Dubuque's primary objective in amending this Plan is to provide opportunities for
further redevelopment and reinvestment in the area; and
Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has found that
said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as
a whole and has transmitted its findings to the City Council; and
Whereas, a consultation process has been undertaken with affected taxing entities in accordance with
Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan
received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public
hearing on the proposed amended and restated Plan after public notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Urban Renewal Plan for the Dubuque Brewing & Malting Urban Renewal District,
attached hereto and made reference to herein, be approved.
Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a
certified copy of the Resolution in the office of the Dubuque County Recorder.
nd
Passed, approved and adopted this 2 day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Quince Street Underground Utility Reconstruction Project: Proof of publication on notice of hearing to
consider adoption of the plans and specifications, form of contract, estimated cost and preliminary
schedule of assessments for the Quince Street Underground Utility Reconstruction Project and City
Manager recommending approval. Motion by Braig to receive and file the documents and adopt
Resolution No. 302-08 Approving plans, specifications, form of contract, and estimated cost for the
Quince Street Underground Utility Reconstruction Project; Resolution No. 303-08 With respect to the
adoption of the Resolution of Necessity proposed for the Quince Street Underground Utility
16
Reconstruction Project; and Resolution No. 304-08 Approving schedule of assessments and estimate of
total cost for the Quince Street Underground Utility Reconstruction Project. Seconded by Lynch. Motion
carried 7-0.
RESOLUTION NO. 302-08
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR
THE QUINCE STREET UNDERGROUND UTILITY RECONSTRUCTION PROJECT
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 Quince Street
Underground Utility Reconstruction Project, in the estimated amount $134,414.85, are hereby approved.
nd
Passed, adopted and approved this 2 day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 303-08
RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY
PROPOSED FOR THE QUINCE STREET UNDERGROUND UTILITY RECONSTRUCTION PROJECT
Whereas, the City Council has proposed a Resolution of Necessity for the Quince Street Underground
Utility Reconstruction Project 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 adopted, without amendment,
and all objections filed or made having been duly considered are overruled.
nd
Passed, adopted and approved this 2 day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 304-08
APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE QUINCE
STREET UNDERGROUND UTILITY RECONSTRUCTION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the attached plat, schedule of assessments, and estimate of total cost for the Quince Street
Underground Utility Reconstruction Project are hereby approved.
nd
Passed, approved and adopted this 2 day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fire Station No. 2 Parking Lot Reconstruction Project: Proof of publication on notice of hearing to
consider adoption of the plans and specifications, form of contract and estimated cost for the Fire Station
No. 2 Parking Lot Reconstruction Project and City Manager recommending approval. Motion by Jones to
receive and file the documents and adopt Resolution No. 305-08 Approving plans, specifications, form of
contract, and estimated cost for the Fire Station No. 2 Parking Lot Reconstruction Project. Seconded by
Voetberg. Motion carried 7-0.
17
RESOLUTION NO. 305-08
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR
THE FIRE STATION NO. 2 – JOHN F. KENNEDY ROAD, PARKING LOT RECONSTRUCTION
PROJECT
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 Fire Station No. 2 -
John F. Kennedy Road, Parking Lot Reconstruction Project, in the estimated amount $93,934.47, are
hereby approved.
nd
Passed, adopted and approved this 2 day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Historic Preservation Commission – Request for Demolition Permit: Historic Preservation Commission
recommending denial of a request from Richard and Kathy Neuses for a demolition permit for the existing
building at 1672 Central Avenue. Motion by Jones to receive and file the documents and grant the request
for a demolition permit. Seconded by Braig. Motion carried 7-0.
New Market Tax Credits: City Manager recommending approval of an agreement with B&G
Development, LLC for New Market Tax Credit Consulting Services. Motion by Connors to receive and file
the documents and approve the agreement. Seconded by Lynch. Motion carried 7-0.
Dubuque Industrial Center West Speculative Building: City Manager recommending that the ordinance
that allows not-for-profit community development entities to build an industrial spec building and receive a
property tax exemption be expanded to include for-profit entities. Motion by Jones to receive and file the
documents and that the requirement that a proposed ordinance be considered and voted on for passage
at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by
Connors. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 54-08 Amending City of
Dubuque Code of Ordinances Chapter 15 Article VI. Speculative Shell Buildings for Community
Development Organizations by amending Section 15-59 Speculative Shell Buildings: Definitions; Section
15-60 Exemption Allowed; and Section 15-61 Application for Exemption by Property Owner. Seconded by
Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 54-08
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 15 ARTICLE VI. SPECULATIVE
SHELL BUILDINGS FOR COMMUNITY DEVELOPMENT ORGANIZATION BY AMENDING SECTION
15-59 SPECULATIVE SHELL BUILDINGS: DEFINITIONS; SECTION 15-60 EXEMPTION ALLOWED;
AND SECTION 15-61 APPLICATION FOR EXEMPTION BY PROPERTY OWNER.
Section 1. City of Dubuque Code of Ordinances Chapter 15 Article VI is amended to read as follows:
ARTICLE VI. SPECULATIVE SHELL BUILDINGS OF COMMUNITY DEVELOPMENT
ORGANIZATIONS AND FOR-PROFIT ENTITIES
Sec. 15-59. Definitions:
For the purposes of this article, the following definitions apply:
An organization, which meets the membership requirements of
Community Development Organization:
this definition, formed within a city or county or multi-community group for one or more of the following
purposes:
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(1) To promote, stimulate, develop, and advance the business prosperity and economic welfare
of the community, area, or region and its citizens.
(2) To encourage and assist the location of new business and industry.
(3) To rehabilitate and assist existing business and industry.
(4) To stimulate and assist in the expansion of business activity.
For the purposes of this definition, a community development organization must have at least fifteen (15)
members with representation from the following:
(1) A representative from government at the level or levels corresponding to the community
development organization's area of operation.
(2) A representative from a private sector lending institution
(3) A representative of a community organization in the area.
(4) A representative of business in the area.
(5) A representative of private citizens in the community, area, or region.
New buildings or structures and includes new buildings or structures which are
New Construction:
constructed as additions to existing buildings or structures. "New construction" also includes
reconstruction or renovation of an existing building or structure which constitutes complete replacement of
an existing building or structure or refitting of an existing building or structure, if the reconstruction or
renovation of the existing building or structure is required due to economic obsolescence, if the
reconstruction or renovation is necessary to implement recognized industry standards for the
manufacturing or processing of products, and the reconstruction or renovation is required in order to
competitively manufacture or process products or for community development organizations or for-profit
to market a building or structure as a speculative shell building, which determination must receive prior
approval from the city council of the city.
A building or structure owned and constructed or reconstructed by a
Speculative Shell Building:
community development organization or a for-profit entity without a tenant or buyer for the purpose of
attracting an employer or user which will complete the building to the employer's or user's specification for
manufacturing, processing, or warehousing the employer's or user's product line.
Sec. 15-60. Exemption Allowed:
An exemption from property taxation is hereby allowed for new construction of shell buildings by
community development organizations or for-profit entities or the portion of the value added to buildings
being reconstructed or renovated by community development organizations or for-profit entities in order to
become speculative shell buildings. The exemption or partial exemption shall be effective for the
assessment year in which the building is first assessed for property taxation or the assessment year in
which the reconstruction or renovation first adds value and all subsequent years until the property is
leased or sold or until the exemption is terminated by ordinance of the city council. Eligibility for an
exemption as a speculative shell building shall be determined as of January 1 of the assessment year. If
the shell building or any portion of the shell building is leased or sold, the portion of the shell building
which is leased or sold shall not be entitled to an exemption under this article for subsequent years. An
application shall be filed pursuant to Iowa Code section 427B.4 for each project for which an exemption is
claimed. Upon the sale of the shell building, the shell building shall be considered new construction for
purposes of Iowa Code section 427B.1 if used for purposes set forth in said section 427B.1.
Sec. 15-61. Application For Exemption By Property Owner:
An application shall be filed for each project resulting in actual value added for which an exemption is
claimed. The application for exemption shall be filed by the owner of the property with the local assessor
by February 1 of the assessment year in which the value added is first assessed for taxation. Applications
for exemption shall be made on forms prescribed by the director of revenue and shall contain information
pertaining to the nature of the improvement, its cost, and other information deemed necessary by the
director of revenue. A person may submit a proposal to the city council to receive prior approval for
eligibility for a tax exemption on new construction. The city council, by ordinance, may give its prior
approval of a tax exemption for new construction if the new construction is in conformance with the zoning
plans for the city. The prior approval shall also be subject to the hearing requirements of Iowa Code
section 427B.1. Prior approval does not entitle the owner to exemption from taxation until the new
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construction has been completed and found to be qualified real estate. However, if the tax exemption for
new construction is not approved, the person may submit an amended proposal to the city council to
approve or reject.
Section 2. This Ordinance shall take effect on publication.
nd
Passed, approved and adopted the 2 day of September, 2008.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 5 day of September, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
Partial Exemption for Industrial Properties: City Manager recommending approval of an amendment to
the Industrial Property Tax Exemption ordinance for clarification purposes. Motion by Connors to receive
and file the documents and that the requirement that a proposed ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be passed be suspended.
Seconded by Braig. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 55-08 Amending City of
Dubuque Code of Ordinances Section 43-21 Partial exemption for value added to industrial real estate by
new construction and acquisition or improvements to certain machinery or equipment. Seconded by Braig.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 55-08
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 43-21 PARTIAL EXEMPTION
FOR VALUE ADDED TO INDUSTRIAL REAL ESTATE BY NEW CONSTRUCTION AND ACQUISTION
OR IMPROVEMENTS TO CERTAIN MACHINERY OR EQUIPMENT.
Section 1. City of Dubuque Code of Ordinances § 43-21 is amended to read as follows:
Sec. 43-21. Partial exemption for value added to industrial real estate by new construction and
acquisition or improvements to certain machinery or equipment.
(a) Scope; applicability. Pursuant to Chapter 427B of the Code of Iowa, a partial exemption from
property taxation of the actual value added to the industrial real estate by the new construction of
industrial real estate, research-service facilities, warehouses, distribution centers and the acquisition of
or improvement to machinery and equipment assessed as real estate pursuant to Section 427A.1(1)(e)
of the Code of Iowa, shall be conditioned as follows:
(1) New construction, as referred to herein, means new buildings and structures, and includes
new buildings and structures which are constructed as additions to existing buildings and
structures. New construction does not include reconstruction of an existing building or structure
which does not constitute complete replacement of an existing building or refitting of an existing
building or structure unless the reconstruction of an existing building or structure is required due to
economic obsolescence and the reconstruction is necessary to implement recognized industry
standards for the manufacturing and processing of specific products and the reconstruction is
required for the owner of the building or structure to continue to competitively manufacture or
process those products, which determination shall receive prior approval from the city council upon
the recommendation of the Iowa Development Commission.
(2) The exemption shall also apply to new machinery and equipment assessed as real estate
pursuant to Section 427A.1, Subsection 1, Paragraph e, of the Code of Iowa, unless the machinery
or equipment is part of the normal replacement or operating process to maintain or expand the
existing operational status.
(3) Research-service facilities means a building or group of buildings devoted primarily to
research and development activities, including, but not limited to, the design and production or
manufacture of prototype products for experimental use, and corporate-research services which do
not have a primary purpose of providing on-site services to the public.
(4) Warehouse means a building or structure used as public warehouse for the storage of
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goods pursuant to Chapter 554, Article 7 of the Code of Iowa, except that it does not mean a
building or structure used primarily to store raw agricultural products or from which goods are sold
at retail.
(5) Distribution center means a building or structure used primarily for the storage of goods
which are intended for subsequent shipment to retail outlets. Distribution center does not mean a
building or structure used primarily to store raw agricultural products, used primarily by a
manufacturer to store goods to be used in the manufacturing process, used primarily for the
storage of petroleum products, or used for the retail sale of goods.
(6) A property tax exemption under this section shall not be granted if the property for which the
exemption is claimed has received any other property tax exemption authorized by law.
(b) Application, information to be provided, prior approval of new construction proposals. An
application shall be filed for each project resulting in actual value added for which an exemption is
claimed. The application for exemption shall be filed by the owner of the property with the local
assessor by February first of the assessment year in which the value added is first assessed for
taxation. Applications for exemption shall be made on forms prescribed by the director of revenue of
the State of Iowa and shall contain information pertaining to the nature of the improvement, its cost and
other information deemed necessary by the said director.
A person may submit a proposal to the city council to receive prior approval for eligibility for a tax
exemption on new construction. The city council, by ordinance, may give its prior approval of a tax
exemption for new construction if the new construction is in conformance with the zoning plans for the
city. The prior approval ordinance shall not be enacted until not less than thirty (30) days after a public
hearing held in accordance with Section 362.3 of the Code of Iowa. Prior approval does not entitle the
owner to exemption from taxation until the new construction has been completed and found to be
qualified real estate. However, if the tax exemption for new construction is not approved, the person
may submit an amended proposal to the city council to approve or reject.
(c) Amount of exemption. The actual value added to industrial real estate for the reasons
specified in this section is eligible to receive a partial exemption from taxation for a period of five (5)
years. However, if property ceases to be classified as industrial real estate or ceases to be used as a
research-service facility or a warehouse or distribution center, the partial exemption for the value added
shall not be allowed for subsequent assessment years. "Actual value added," as used in this section,
means the actual value added as of the first of the year for which the exemption is received, except that
"actual value added by improvements to machinery and equipment" means the actual value as
determined by the assessor as of January first of each year for which the exemption is received. The
amount of actual value added which is eligible to be exempt from taxation shall be as follows:
(1) For the first year, seventy-five (75) percent.
(2) For the second year, sixty (60) percent.
(3) For the third year, forty-five (45) percent.
(4) For the fourth year, thirty (30) percent.
(5) For the fifth year, fifteen (15) percent.
However, the granting of the exemption under this section for new construction constituting
complete replacement of an existing building or structure shall not result in the assessed value of the
industrial real estate being reduced below the assessed value of the industrial real estate before the
start of the new construction added.
(d) Duration, repeal of exemption. The partial exemption shall be available until such time as
this section is repealed by the city council. When, in the opinion of the city council, continuation of the
exemption granted in this section ceases to be of benefit to the city, the city council may repeal this
section, but all existing exemptions shall continue until their expiration.
Section 2. This Ordinance shall take effect on publication.
nd
Passed, approved and adopted the 2 day of September, 2008.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 5 day of September, 2008.
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/s/Jeanne F. Schneider, CMC, City Clerk
American Tank and Fabrication Development Agreement: City Manager recommending approval of a
Development Agreement with American Tank and Fabrication to replace the agreement originally
approved in 2003 with Vessel Systems. Motion by Connors to receive and file the documents and approve
the agreement. Seconded by Braig. Motion carried 7-0.
Antique Fire Truck Restoration Project: City Manager recommending approval of the commitment of an
additional $6,000 toward the completion of the Antique Fire Truck restoration. Motion by Connors to
receive and file the document and approve. Seconded by Jones. Motion carried 7-0.
Chapter 5 – Alcohol Violation Fines: City Manager recommending approval of an amendment to
Chapter 5 – Alcoholic Beverages to be consistent with the fine schedule of the Code of Iowa. Motion by
Jones to receive and file the documents and that the requirement that a proposed ordinance be
considered and voted on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Connors. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 56-08 Amending City of
Dubuque Code of Ordinances Section 5-7 Persons Under Legal Age to reference the Iowa Code Fine
Provision, Section 5-7.1 Persons under legal age prohibited from attempting to purchase or otherwise
obtain alcoholic beverages and from misrepresenting the person's age by modifying required sign
language, and Section 5-7.2 Persons under legal age prohibited from premises where alcoholic beverage
is sold or dispensed by modifying required sign language. Seconded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 56-08
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 5-7 PERSONS UNDER LEGAL
AGE TO REFERENCE THE IOWA CODE FINE PROVISION, SECTION 5-7.1 PERSONS UNDER
LEGAL AGE PROHIBITED FROM ATTEMPTING TO PURCHASE OR OTHERWISE OBTAIN
ALCOHOLIC BEVERAGES AND FROM MISREPRESENTING THE PERSON'S AGE BY MODIFYING
REQUIRED SIGN LANGUAGE, AND SECTION 5-7.2 PERSONS UNDER LEGAL AGE PROHIBITED
FROM PREMISES WHERE ALCOHOLIC BEVERAGE IS SOLD OR DISPENSED BY MODIFYING
REQUIRED SIGN LANGUAGE.
Section 1. City of Dubuque Code of Ordinances § 5-7 is amended to read as follows:
Sec. 5-7. Persons Under Legal Age:
. . . .
(b) A person who is under legal age, other than a licensee or permittee, who violates this section
regarding the purchase of or attempt to purchase alcoholic liquor, wine or beer, or possessing or having
control of alcoholic liquor, wine or beer commits a simple misdemeanor punishable by a scheduled fine as
established pursuant to Iowa Code Section 805.8c.
Section 2. City of Dubuque Code of Ordinances § 5-7.1 is amended to read as follows:
Sec. 5-7.1. Persons Under Legal Age Prohibited From Attempting To Purchase Or Otherwise Obtain
Alcoholic Beverages, And From Misrepresenting The Person's Age:
. . .
NOTICE TO PERSONS UNDER LEGAL AGE
You are subject to a fine for attempting to purchase or otherwise obtain alcoholic liquor, wine or beer or
for misrepresenting your age for the purpose of purchasing alcoholic liquor, wine or beer.
. . .
Section 3. City of Dubuque Code of Ordinances § 5-7.2 is amended to read as follows:
Sec. 5-7.2. Persons Under Legal Age Prohibited From Premises Where Alcoholic Beverage Is Sold Or
Dispensed:
. . .
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NOTICE TO PERSONS UNDER LEGAL AGE
You are subject to a fine for being on these premises between the hours of 9:00 p.m. and closing
unless you are employed by the owner or are accompanied by a parent, guardian or spouse who is of
legal age.
Section 4. This Ordinance shall take effect on publication.
nd
Passed, approved and adopted the 2 day of September, 2008.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 5 day of September, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
nd
U.S. Highway 52 Resurfacing – 32 Street to the Northwest Arterial Project: City Manager
nd
recommending award of the public improvement contract for the U.S. Highway 52 Resurfacing – 32
Street to the Northwest Arterial Project to River City Paving, Inc., in the amount of $931,239.54. Motion by
Lynch to receive and file the documents and adopt Resolution No. 306-08 Awarding public improvement
nd
contract for the U.S. Highway 52 Resurfacing – 32 Street to the Northwest Arterial Project. Seconded by
Connors. Motion carried 7-0.
RESOLUTION NO. 306-08
ND
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE US 52 RESURFACING PROJECT – 32
STREET TO THE NORTHWEST ARTERIAL
Whereas, sealed proposals have been submitted by contractors for the US 52 Resurfacing Project –
nd
32 Street to the Northwest Arterial (the Project) pursuant to Resolution No. 277-08 and Notice to Bidders
th
published in a newspaper published in the City of Dubuque, Iowa on the 8 day of August, 2008.
st
Whereas, said sealed proposals were opened and read on the 21 day of August, 2008 and it has
been determined that River City Paving, Inc., a division of Mathy Construction, Inc. of Dubuque, Iowa, with
a bid in the amount of $931,239.54, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That a Public Improvement Contract for the Project is hereby awarded to River City Paving, Inc., a
division of Mathy Construction, Inc. and the City Manager is hereby directed to execute a Public
Improvement Contract on behalf of the City of Dubuque for the Project.
nd
Passed, approved and adopted this 2 day of September, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Amendment to 2006 Annexation Study: City Manager recommending approval of an amendment to the
2006 Annexation Study prepared by Veenstra & Kimm, Inc. Motion by Voetberg to receive and file the
documents and approve the amendment. Seconded by Jones. Motion carried 7-0.
CLOSED SESSION
Motion by Jones to go into closed session at 7:25 p.m. regarding pending litigation and property
acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Seconded by Connors. Motion carried 7-
0.
Upon motion the City Council reconvened in open session at 7:44 p.m. stating that staff had been given
proper direction.
There being no further business, upon motion the meeting adjourned at 7:45 p.m.
/s/Jeanne Schneider, CMC
City Clerk
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