2005 September Council Proceedings
Regular Session, September 6, 2005
325
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, Tuesday,
September 6, 2005
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council
Buol, Cline, Connors, Markham,
Nicholson, City Manager Van
Corporation Counsel Lindahl.
Members
Michalski,
Milligen,
Mayor Duggan read the call and stated this is
a regular session called for the purpose of
discussing such matters which may properly
come before the Council.
Invocation was given by Reverend David
Pacholke, Chaplain, The Finley Hospital.
Proclamations: Public Safety Memorial Day
(September 15, 2005) received by Reverend
David Pacholke; and National Addiction
Recovery Month (September, 2005)
CONSENT ITEMS
Minutes and Reports Submitted: City Council
of 8/15; Civil Service Commission of 7/26; Five
Flags Commission of 7/18; Historic Preservation
Commission of 8/18; Park and Recreation
Commission of 8/9, presented and read. Buol
moved that the minutes be received and filed.
Seconded by Nicholson. Motion carried 7-0.
Printed City Council Proceedings for May,
2005, presented and read. Buol moved that the
proceedings be received and filed and approved
as printed. Seconded by Nicholson. Motion
carried 7-0.
Proofs of publication of City Council
Proceedings for August 1 and 15, 2005,
presented and read. Buol moved that the proofs
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
Notice of Claims/Suits; Lois M. Bublitz vs.
City of Dubuque; Joan Higley for property
damage; Dave Hanson for personal injury;
Roger Schadler for property damage, presented
and read. Buol moved that the claims and suits
be received and filed and referred to Legal for
investigation and report. Seconded by
Nicholson. Motion carried 7-0.
Corporation Counsel advising that the
following claim has been referred to Public Entity
Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool: Dave Hanson for
personal injury, presented and read. Buol
moved that the communication be received and
filed and concurred. Seconded by Nicholson.
Motion carried 7-0.
Corporation Counsel recommending approval
of the claim of Yolanda Feldman-Brauer for
property damage and the claim of Connie Jones
for property damage and directing the Finance
Department to issue payment, presented and
read. Buol moved that the communications be
received and filed and concurred and Finance to
issue payments. Seconded by Nicholson.
Motion carried 7-0.
Corporation Counsel recommending denial of
the claim of Dave Welu for vehicle damage,
presented and read. Buol moved that the
communication be received and filed and
concurred. Seconded by Nicholson. Motion
carried 7-0.
Whites Place - Acceptance of Warranty Deed:
City Manager recommending approval of the
acceptance of the Warranty Deed for Lot 2 of
Whites Place, a property purchased for the
Carter Road Detention Basin Project in
February, 2004, presented and read. Buol
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
RESOLUTION NO. 390-05
ACCEPTING A CONVEYANCE OF PROP-
ERTY OF LOT 2 OF WHITES PLACE TO THE
CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an
Acquisition Agreement with Steven P. and
Michelle R. Whites pursuant to which Steven P.
and Michelle R. Whites agreed to convey Lot 2
of Whites Place, in the City of Dubuque, Iowa,
as shown on the Warranty Deed thereof; and
Whereas, Steven P. and Michelle R. Whites
have executed a conveyance of said property.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of
Dubuque, Iowa, hereby approves of, accepts,
and consents to the Warranty Deed from Steven
P. and Michelle R. Whites, 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.
326
Regular Session, September 6, 2005
Passed, approved and adopted this 61h day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nichoison. Motion carried 7-0.
Agreement for Alley Improvements on
Rosedaie Avenue: City Manager recommending
approval of an agreement between the City and
Michaei J. Mulgrew to improve and use an
existing platted alley adjacent to 1144 Rosedale
Avenue, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Marshall Park Sanitary Sewer Extension
Project: City Manager recommending
acceptance of the Marshall Park Sanitary Sewer
Extension Project, as completed by Fondell
Excavating, in the final contract amount of
$85,689.65, presented and read. Buol moved
that the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 391-05
ACCEPTING THE MARSHALL PARK
SANITARY SEWER EXTENSION PROJECT
Whereas, the contract for the Marshall Park
Sanitary Sewer Extension Project (the Project)
has been completed and the City Manager has
examined the work and filed a certificate stating
that the Project has been completed according
to the terms of the contract, plans and
specifications and that the City Manager
recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Manager is approved and the Project is hereby
accepted.
Section 2. The City Treasurer is hereby
directed to pay to the contractor from the Fiscal
Year 2004 Sanitary Sewer Construction Fund
appropriation for the contract amount in the
amount of $85,689.65 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 61h day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION 392-05
FINAL ESTIMATE
Whereas, the construction contract for the
Marshall Park Sanitary Sewer Extension Project
has been completed and the City Engineer has
submitted his final estimate showing the cost
thereof including the cost of estimates, notices
and inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $98,543.10 and the
said amount shall be paid from the allocation
from the Fiscal Year 2004 Sanitary Sewer
Construction Fund appropriation of the City of
Dubuque, Iowa.
Passed, approved and adopted this 61h day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Cierk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Hy-Vee Subdivision - Acceptance of Public
Improvements: City Manager recommending
acceptance of the public improvements recently
completed in Hy-Vee Subdivision, presented
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 393-05
ACCEPTING IMPROVEMENTS
IN HY.VEE SUBDIVISION
Whereas, pursuant to Resolution Nos. 364-04
and 418-04 and Ordinance No. 71-04, certain
improvements including sanitary sewer and
watermain were installed by the developer of
Hy-Vee Subdivision.
Whereas, the improvements have been
completed and the City Manager has examined
the work and has filed a certificate stating that
the same has been completed in accordance
with the plans approved by City Engineering and
in conformance with City specifications, and has
recommended that the improvements be
accepted by the City Council.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvements in Hy-Vee Subdivision be and the
same is hereby accepted.
Section 2. That maintenance of said
improvements shall be the responsibility of the
owner, Hy-Vee, Inc., for a period of two years
from this date.
Passed, adopted and approved this 61h day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Regular Session, September 6, 2005
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Pennsylvania Avenue I Radford Road
Sidewalk Installation Project: City Manager
recommending acceptance of the Pennsylvania
Avenue I Radford Road Sidewalk Installation
Project, as completed by Skyline Construction,
in the final contract amount of $6,368.77,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 394-05
ACCEPTING THE PENNSYLVANIA AVENUE-
RADFORD ROAD SIDEWALK INSTALLATION
PROJECT
Whereas, the contract for the Pennsylvania
Avenue - Radford Road Sidewalk Installation
Project (the Project) has been completed and
the City Manager has examined the work and
filed a certificate stating that the Project has
been completed according to the terms of the
contract, plans and specifications and that the
City Manager recommends that the Project be
accepted.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Manager is approved and the Project is hereby
accepted.
Section 2. The City Treasurer is hereby
directed to pay to the contractor from the Saies
Tax Fund in the amount of $6,368.77 the
contract amount less any retained percentage
provided for therein as provided in Iowa Code
Chapter 573, and to pay such retain age only in
accordance with the provisions of Iowa Code
Chapter 573.
Passed, approved and adopted this 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 395-05
FINAL ESTIMATE
Whereas, the construction contract for the
Pennsylvania Avenue - Radford Road Sidewalk
Installation Project has been completed and the
City Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $12,587.83 and the
said amount shall be paid from the Local Option
327
Sales Tax Fund in the amount of $7,907.33 and
special assessments in the amount of
$4,680.50.
Passed, approved and adopted this 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 396-05
RESOLUTION APPROVING THE PRELIMI-
NARY SCHEDULE OF FINAL ASSESSMENTS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached sheet(s), Page 1 to Page 1
inclusive, is hereby determined to be the
Preliminary Schedule of Final Assessments for
the Pennsylvania Avenue - Radford Road
Sidewalk Installation Project and the valuations
set out herein are hereby approved.
Passed, approved and adopted this 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Villa Street Retaining Wall Reconstruction
Project: City Manager recommending
acceptance of the Villa Street Retaining Wall
Reconstruction Project, as completed by WC
Stewart Construction Company in the final
contract amount of $324,416.69, presented and
read. Buol moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 397-05
ACCEPTING IMPROVEMENT FOR THE VILLA
STREET RETAINING WALL 2004
RECONSTRUCTION PROJECT
Whereas, the contract for the Villa Street
Retaining Wall - 2004 Reconstruction Project
(the Project) has been completed and the City
Manager has examined the work and filed a
certificate stating that the Project has been
completed according to the terms of the
contract, plans and specifications and that the
City Manager recommends that the Project be
accepted.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Manager is approved and the Project is hereby
accepted.
Section 2. The City Treasurer is hereby
directed to pay to the contractor the contract
amount less any retained percentage provided
for therein as provided in Iowa Code Chapter
328
Regular Session, September 6, 2005
573, and to pay such retainage oniy in
accordance with the provisions of iowa Code
Chapter 573.
Section 3. The City shall be reimbursed for
eligible costs from FEMA (75%), the State of
Iowa (10%), and the remaining City share (15%)
shall be paid from the Fiscal Year 2005 General
Retaining Wall Repair funds of the City of
Dubuque, Iowa.
Passed, approved and adopted this 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 398-05
FINAL ESTIMATE
Whereas, the contract for the Villa Street
Retaining Wall - 2004 Reconstruction Project
has been compieted and the City Engineer has
submitted his final estimate showing the cost
thereof inciuding the cost of estimates, notices
and inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $363,036.76 and the
said amount shall be paid by the City and shall
be reimbursed for eligible costs from FEMA
(75%), the State of Iowa (10%), and the
remaining City share (15%) shall be paid from
the Fiscal Year 2005 General Retaining Wall
Repair funds of the City of Dubuque, Iowa.
Passed, approved and adopted this 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Fremont Avenue Reconstruction Project -
Final Assessments: City Manager
recommending approval of the final assessment
schedule for the Fremont Avenue
Reconstruction Project, presented and read.
Buol moved that the communication be received
and filed. Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 399-05
A RESOLUTION ADOPTING THE FINAL
ASSESSMENT SCHEDULE FOR THE
FREMONT AVENUE RECONSTRUCTION
PROJECT INCLUDING CERTAIN
INFORMATION REQUIRED BY THE CODE OF
IOWA, SPECIFICALLY, 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 FINAL SCHEDULE AND TO
PUBLISH NOTICE THEREOF
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the
accompanying final schedule of assessments to
be made for the construction of the Fremont
Avenue Reconstruction Project under contract
with WC Stewart Construction Co. of Dubuque,
Iowa, for which the final schedule of
assessments were filed in the office of the City
Clerk on the 6th day of September, 2005, the
said schedule of assessments be and the same
is hereby approved and adopted.
That there be, and is hereby assessed and
levied as a special tax against and upon each of
the lots, the respective sums indicated.
Provided, further, that the amounts shown in
said final schedule of assessments as
deficiencies are found to be proper and levied
conditionally against the respective properties
benefited by the improvements as shown in the
schedule, subject to the provisions of Section
384.63 of the Code of Iowa. Said assessments
against said lots are hereby deciared to be in
proportion to the special benefits conferred and
not in excess of twenty-five percent of the value
of same.
That the City Clerk be and is hereby directed
to certify said schedule to the County Treasurer
of Dubuque County, Iowa, and to publish notice
of said certification once each week for two
consecutive weeks in the manner provided in
Section 362.3, the first publication of which shall
be not more than fifteen days from the date of
filing of the final schedule. On or before the date
of the second publication of the notice, the City
Clerk shall also mail a copy of said notice to
property owners whose property is subject to
assessment, as provided and directed in Section
384.60 of the Code of Iowa.
That assessments may be paid in full or in part
without interest at the office of the City
Treasurer, City Hall, 50 W. 13th Street, Dubuque,
Iowa, at any time within 30 days after the date of
the first publication of this notice of the filing of
the final schedule of assessments with the
County Treasurer. After 30 days, unpaid
assessments of $100.00 or more are payable in
10 annual installments at the County Treasurer's
Office, Dubuque County Courthouse, 720
Central, Dubuque, iowa, and will draw annual
interest at nine (g) percent (commencing on the
date of acceptance of the work) computed to the
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
Regular Session, September 6, 2005
329
owners may elect to pay any annual installments
semiannually in advance.
Passed, approved and adopted this 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
FREMONT AVENUE RECONSTRUCTION
(DODGE TO SIMPSON)
FINAL SCHEDULE OF VALUATION OF
ASSESSMENTS
OWNER PARCEL PAVING ASSESS.
WATER ASSESS. TOTAL
Bickel, Kenneth R. & Nancy N. 1026405015
$1,092.03 927.89 $2,019.92
Bissell, Ann E. 1026405017
$191.58 $ 191.58
Dissell, Debra L. 102640516
$ 88.58 $ 88.58
Oakwood Investments GP. 1026405019
$ 53.35 $ 53.35
Corbett, Marcella E. & Martha A. 1026405013
$1,100.01 $1,100.01
Lyons, Jane Milson 1026406010
1,887.35 $1138.37 $3.025.72
Keraus, John W. & Nikki N. 1026405014
$1,100.01 $ 927.89 $2,027.90
American Trust Bank - Mary Elizabeth
Nemmers Trust: 1026453001
$3,226.44 $3,226.44
Skaife, Nancy Lee 1026451003
$2,540,15 $889.62 $3,429.77
Pierotti, Stephen E. & Charlene 1026453002
$2,030.06 $2,030.06
Nank, Jeffrey D. & Kathryn E. 1026451006
$ 270.04 $270.04
Thompson, Mary V. Trust
1026378020 $344.02 $344.02
Reyerson, Donald H, & Denise G.
102637801 g $308.78 $308,78
Arnold, Carolyn J. 1026453007
$2,493.42 $2,493.42
Gisch, Paul J. & Anna Mae 1026378039
$1,585.38 $1,585.38
Tart, David & Marta 1026453008
$3,419.38 $3.419.38
Rhomber9, Janet S. 1026378040
$2,303.40 $2,303.40
Enzler, Jerome & Fischer, K. 1026378037
$ 615.62 $615.52
Knapp, Scott A. & Stacy L. 1026378036
$ 290.87 $290.87
Wa9ner, Robert J. & Cynthia S, 1026453009
$ 2,175.88 $2,175,88
Moberly, John W, & Juanita S. 1026378041
$2,516.98 $1,214.91 $3,731,89
Brachman, Ray & Colleen S. 1026451002
$ 108.64 $108.64
Carbone, Rhonda A. et ai, Life Estate Pamela
Murphy 1026451007 $1,074,90
$ 889.62 $1,964.52
Gruhl, Ivan & Kathleen T. Trustee 1026451007
$4,121.63 $1,245.05 $5,355.68
1026451008
$2,076.07
1026377012$
$ 127.13
1026377017$
$ 385.49
1026377018$
$ 357.26
1026452001
$2,617.32
1026453004
$2,420.22
1026377015
$ 154.39
Nank, Jeffrey D. & Kathryn E.
$1,186.45 $ 889.62
Wick, Warrington C,& Dorothy
127.13
Krieg, David F.
385.49
Krie9, David F.
357.26
Lathrop, Carolynne S.
$ 1,727.70 $889.62
Carew, Greg & Mary
$ 2,420.22
Scott, Linda J.
$154.39
Herrig, Kimberly K. & Spiral, Inc.
1026452002 $ 1,474.21
Krieg, David F. 026377016
$ 3,398.55
Sakas, Peter & Ginger
$4,169.92
Meester, Gerald L. MD & Connie
1026453017 $1,238.24
Schmid, John J. Jr. & Mantea K.
$4,311.46 $870.48
Thompson, Mary V. Trust
$3,517.89 $759,00
Wartburg Theological Seminary
1035128001 $1,631.72 $1,631.72
Remakel, Donald J. & Wanda 1026379008
$1,636.78 $1,636.78
TOTALS: $62,675.90 $10,631.07 $73,306.98
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
$ 1,474.21
$ 3,398.55
1026453016
$4,169.92
$1,238.24
1026453006
$5,181.94
1026378038
$4,276.69
Arboretum Entrance Road Construction
Project: City Manager recommending
acceptance of the Arboretum Entrance Road
Construction Project as completed by Porlzen
Construction, Inc. of Dubuque, Iowa, in the final
contract amount of $105,814.49, presented and
read. Buol moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 400-05
ACCEPTING THE ARBORETUM ENTRANCE
ROAD CONSTRUCTION PROJECT
Whereas, the contract for the Arboretum
Entrance Road Construction Project (the
Project) has been completed and the City
Manager has examined the work and filed a
certificate stating that the Project has been
completed according to the terms of the
contract, plans and specifications and that the
City Manager recommends that the Project be
accepted.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Manager is approved and the Project is hereby
accepted.
330
Regular Session, September 6, 2005
Section 2. The City Treasurer is hereby
directed to pay to the contractor from the
Marshall Park Entrance Road Reconstruction
Capital improvement Project, General Fund
appropriation in the contract amount of
$122,475.15 less any retained percentage
provided for therein as provided in Iowa Code
Chapter 573, and to pay such retain age only in
accordance with the provisions of Iowa Code
Chapter 573.
Passed, approved and adopted this eth day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 401-05
FINAL ESTIMATE
Whereas, the construction contract for the
Arboretum Entrance Road Construction Project
has been completed and the City Engineer has
submitted his final estimate showing the cost
thereof including the cost of estimates, notices
and inspection and all miscellaneous costs.
NOW THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $122,475.15 and the
said amount shall be paid from the Marshall
Park Entrance Road Reconstruction Capital
Improvement Project, General Fund
appropriation of the City of Dubuque, Iowa.
Passed, approved and adopted this eth day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nichoison. Motion carried 7-0.
Agreement with Hillcrest Family Services: City
Manager recommending approval of an
agreement with Hillcrest Family Services for the
use of Murphy Park from October 28, 2005
through January 11, 200e for the annual holiday
light display, presented and read. Buol moved
that the communication be received and filed
and approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Dubuque Hockey, Inc. Contract with the Five
Flags Center: City Manager recommending
approval of a contract between the Five Flags
Center and Dubuque Hockey, Inc., d/b/a
Dubuque Thunderbirds, presented and read.
Buol moved that the communication be received
and filed and approved recommendation.
Seconded by Nicholson. Motion carried 7-0.
International Union of Operating Engineers,
Local #758: City Manager recommending
approval of an amendment to the Collective
Bargaining Agreement between the City and the
International Union of Operating Engineers,
Local #758 to be effective October 1, 2005
through September 30, 200e, presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 7-0.
Specific and Aggregate Stop Loss Insurance
Renewal: City Manager recommending that the
City continue with Allianz as the stop-loss carrier
for the City's health pians for individuai and
aggregate stop-loss insurance, presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 7-0.
Cooperative Winter Maintenance Agreement:
City Manager recommending approval of a new
cooperative winter maintenance agreement
between the City and County of Dubuque,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 402-05
RESOLUTION APPROVING COOPERATIVE
WINTER MAINTENANCE AGREEMENT
BETWEEN THE CITY OF DUBUQUE AND
DUBUQUE COUNTY
Whereas, certain roadways in Dubuque county
are divided down the centerline between
Dubuque County and the City of Dubuque; and
Whereas, the City of Dubuque, Iowa and
Dubuque County, Iowa agree that winter road
maintenance divided down roadway centerlines
is not cost efficient or practical; and
Whereas, the City of Dubuque is willing to
perform winter maintenance operations on
portions of roadways located in Dubuque
county, specifically, Old Highway Road, Cousins
Road, Peru Road and Seippel Road; and
Whereas, Dubuque County is willing to
perform winter maintenance operations on
portions of roadways located in the city of
Dubuque, specifically, English Mill Road,
Cottingham Road, North Cascade Road,
Riverside Drive, Lake Eleanor Road, John F.
Kennedy Road and Middle Road; and
Whereas, it is necessary that the City of
Dubuque and Dubuque County enter into an
agreement regarding the winter maintenance on
these roadways.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of
Dubuque, Iowa hereby approves and directs the
Mayor to sign the attached Agreement with
Regular Session, September 6, 2005
331
Dubuque County for winter maintenance
operations on said roadways.
Passed, approved and adopted this 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Purchase of Property - 2311 Prince Street:
City Manager recommending approval of the
purchase of a residential dwelling located at
2311 Prince Street as part of the acquisition
program associated with expansion of the Bee
Branch Creek Restoration Project, presented
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 403-05
A RESOLUTION APPROVING THE
ACQUISITION OF REAL ESTATE LOCATED
AT 2311 PRINCE STREET, IN THE CITY OF
DUBUQUE
Whereas, the City of Dubuque intends to
acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for
stormwater mitigation activities as
recommended in the 2001 HDR "Drainage Basin
Master Plan;" and
Whereas, a purchase agreement has been
finalized with the owner of the third property
scheduled for acquisition.
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 acquisition of the following iegally
described property:
Lot 58 Sanford's Subdivision in the City of
Dubuque, Dubuque County, Iowa according to
the recorded Plat thereof.
At the cost of Thirty-four thousand dollars ($34
000).
Section 2. That the City of Dubuque be and is
hereby authorized to accept a Quit Claim deed
from the owner, conveying the owner's interest
to the City of Dubuque, Iowa for the herein
described real estate.
Section 3. That the City Clerk be and she is
hereby authorized and directed to cause said
Quit Claim 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.
Passed, approved and adopted this 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Relocation of White Water Creek Bridge: City
Manager recommending approval of the
issuance of a Request for Proposal (RFP) for
professional design services for the Historic
White Water Creek Bridge Relocation Project,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Shot Tower Archeological Survey: City
Manager recommending approval of an
agreement with the State Historical Society of
Iowa for a $15,500 Historic Resources
Development Program (HRDP) Grant for the
Shot Tower Archeological Survey, presented
and read. Buol moved that the communication
be received' and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 404-05
RESOLUTION AUTHORIZING A GRANT
AGREEMENT FOR THE HISTORIC
RESOURCE DEVELOPMENT PROGRAM FOR
THE SHOT TOWER ARCHEOLOGICAL
SURVEY
Whereas, the State Historical Society of Iowa
has awarded a $15,500 Historic Resource
Development Program (HRDP) grant to the City
of Dubuque for an archeological survey of the
historic Shot Tower; and
Whereas, the City of Dubuque has determined
that the Shot Tower is an historically and
architecturally significant structure in need of
rehabilitation and interpretation; and
Whereas, the National Park Service has
awarded the City of Dubuque a Save America's
Treasures grant for rehabilitation and
interpretation of the Shot Tower, and as part of
the grant agreement requires that the City
conduct an archeological survey of the Shot
Tower; and
Whereas, the rehabilitation and interpretation
of the Shot Tower is included as a component of
the Vision Iowa grant for the America's River
project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.That the HRDP grant agreement
with the State Historical Society to conduct the
Shot Tower archeological survey is hereby
approved.
Section 2. That the Planning Services
Manager is hereby authorized to sign and
submit the HRDP grant agreement for this
project.
Passed, approved and adopted this 6th day of
September 2005.
332
Regular Session, September 6, 2005
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nichoison. Motion carried 7-0.
Construction Administration Services
Synergy Court Project: City Manager
recommending approval of a contract with
Buesing & Associates, Inc., for construction
administration services associated with the
Synergy Court project, presented and read.
Buol moved that the communication be received
and fiied and approved recommendation.
Seconded by Nicholson. Motion carried 7-0.
Housing Enterprise Zone Program Agreement:
City Manager recommending approval of a
Housing Enterprise Zone Program Agreement
for Community Housing Initiatives for the
Washington Court project, presented and read.
Buol moved that the communication be received
and filed. Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 405-05
RESOLUTION APPROVING A HOUSING
ENTERPRISE ZONE PROGRAM AGREE-
MENT BY AND AMONG THE IOWA
DEPARTMENT OF ECONOMIC DEVELOP-
MENT, THE CITY OF DUBUQUE AND
COMMUNITY HOUSING INITIATIVES FOR
THE WASHINGTON COURT PROJECT.
Whereas, the City of Dubuque has established
two Enterprise Zones and an Enterprise Zone
Commission; and
Whereas, the Enterprise Zone Commission on
June 27, 2005 approved the application of
Community Housing Initiatives for Housing
Enterprise Zone benefits for the Washington
Court project; and
Whereas, Community Housing Initiatives'
application for the Washington Court project was
approved by the Iowa Department of Economic
Development on July g, 2005; and
Whereas, the Iowa Department of Economic
Development has prepared and submitted for
City Council approval an agreement relating to
Housing Enterprise Zone benefits for
Community Housing Initiatives (Washington
Court) a copy of which is attached hereto and by
this reference made a part hereof; and
Whereas, the City Council finds that the
proposed agreement is acceptable and
necessary to the growth and development of the
city.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of
Economic Development Housing Enterprise
Zone Program Agreement, #05-HEZ-053, is
hereby approved.
Section 2. That the Mayor is hereby authorized
and directed to execute the Agreement on
behalf of the City of Dubuque and fOlWard the
executed copy to the Iowa Department of
Economic Development for their approval.
Passed, approved and adopted this 6th day of
September 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
409 Burch Street (Tabled on August 1, 2005):
City Manager submitting an update on the
progress being made on 409 Burch Street and
recommending that this item be tabled to
October 3, 2005, presented and read. Buol
moved that this be received and filed and tabled
to October 3, 2005. Seconded by Nichoison.
Motion carried 7-0.
Cooper Management Company, LLC -
Outdoor Service Liquor Application (Tabled on
August 1, 2005): City Manager recommending
that action on the outdoor service liquor
application be tabled to October 3, 2005 to allow
sufficient time to evaluate improvements at
Bricktown with the colleges back in session,
presented and read. Buol moved to receive and
file and table to October 3, 2005. Seconded by
Nicholson. Motion carried 7-0.
Workers' Compensation Excess Insurance:
City Manager recommending approval of the
renewal rate submitted by Safety National
effective July 1, 2005 through June 30, 2007 for
the City's workers' compensation excess
insurance, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Fiscal Year 2006 Compensation Package -
Bus Operators: City Manager recommending
approval of the Fiscal Year 2006 compensation
package for full-time and part-time bus
operators, presented and read. Buol moved that
the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 406-05
APPROVING THE WAGE PLAN AND
BENEFIT PACKAGE FOR FULL-TIME AND
PART-TIME BUS OPERATORS FOR FISCAL
YEAR 2006
Whereas, the City Manager has recommended
that the Wage Plan for full-time Bus Operators
be increased by 5.4% across-the-board effective
July 1, 2005; and
Whereas, the City Manager has recommended
that the Wage Plan for part-time Bus Operators
Regular Session, September 6, 2005
333
be increased by 3% across-the-board effective
July 1, 2005; and
Whereas, the City Manager has recommended
that effective July 1, 2005, full-time Bus
Operators who receive health and prescription
drug insurance will pay 10% of the cost of the
premium for the health and prescription drug
plan for which the employee is enrolied; and
Whereas, the proposed wage increase and
benefit package for full-time and part-time Bus
Operators is consistent with the wage increase
and benefit package to be received by
employees represented by the Teamsters Local
Union No. 421, the Dubuque Police Protective
Association, the International Union of Operating
Engineers, Local #758, the Dubuque
Professional Firefighter's Association, Local
#353 and Non-bargaining Unit Employees in
Fiscal Year 2006.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the wage plan and benefit
package for fuli-time and part-time Bus
Operators is approved.
Passed, approved and adopted this 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Dubuque Professional Firefighters'
Association, Local #353: City Manager
recommending approval of the coliective
bargaining agreement between the City and the
Dubuque Professional Firefighters' Association
for the contract period beginning July 1, 2005,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 407-05
ACCEPTING THE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA, AND THE
DUBUQUE PROFESSIONAL FIREFIGHTERS
ASSOCIATION, LOCAL #353 AND
AUTHORIZING THE MAYOR TO SIGN THE
AGREEMENT
Whereas, the Sixty-Fifth General Assembly
adopted the Pubiic Employment Relations Act,
Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is 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 coliectively 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 coliective bargaining agreement.
Passed, approved and adopted this 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Dubuque Casino Hotel, LLC: City Manager
recommending approval of a third amendment to
the lease agreement between the City and
Dubuque Casino Hotel, LLC which would extend
the completion date for the hotel and restaurant
to October 15, 2005, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Nicholson. Motion carried 7-0.
1948 Antique Fire Truck: City Manager
submitting an update on the restoration of the
1 948 Seagraves Tiller Truck and recommending
to proceed with fund raising efforts through the
Antique Fire Ciub, presented and read. Buol
moved that the communication be received and
fiied and approved recommendation. Seconded
by Nicholson. Motion carried 7-0.
Special Events Insurance Grant: City Manager
recommending approvai of a Speciai Event
Insurance Grant to Riverfest, Inc. in the amount
of$1,150, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
.Dubuque Industrial Center West Third
Addition: City Manager recommending approval
of Amendment #7 to the engineering contract
with IIW Engineers and Surveyors, P.C. for work
associated with deveiopment of the Dubuque
Industrial Center West 3" Addition, presented
and read. Buol moved that the communication
be received and filed and approved
recommendation. Seconded by Nichoison.
Motion carried 7-0.
Letter of Support: City Manager submitting a
letter in support of the National Mississippi River
Museum and Aquarium LEED certification,
presented and read. Buol moved that the
communication be received and filed and
approved letter. Seconded by Nicholson. Motion
carried 7-0.
334
Regular Session, September 6, 2005
Tax Assessment Appeal - Stipulation of
Settlement: Corporation Counsel submitting a
Stipulation of Settlement of a tax assessment
appeal by Edwards Concrete Contractors, Inc.,
presented and read. Buol moved that the
communication be received and filed and
approved settlement. Seconded by Nicholson.
Motion carried 7-0.
Code of Ordinances - Supplement No. 63:
City Manager recommending adoption of
Supplement No. 63 to the City of Dubuque Code
of Ordinances, presented and read. Buol moved
that the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 408-05
ADOPTING SUPPLEMENT NO. 63 TO THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, under date of July 17, 1989, the City
Council" pursuant to Ordinance No. 34-89,
readopted the Code of Ordinances of the City of
Dubuque, Iowa for ordinances adopted up to
and including December 19,1988; and
Whereas, since December 19, 1988 the City
Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code
of Ordinances and said amendments have been
printed as supplements to the Code of
Ordinances; and
Whereas, Section 380.8 of the Code of
Ordinances provides that supplements by
resolution, become part of the Code of
Ordinances.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 63 of the
Code of Ordinances of the City of Dubuque,
Iowa, covering Ordinances through Ordinance
No. 31-05 enacted through May 2, 2005 and
prepared by the Sterling COdifiers, Inc, Coeur D'
Alene, ID hereto filed in the Office of the City
Clerk of the City of Dubuque, Iowa be and is
hereby adopted and becomes part of the Code
of Ordinances of the City of Dubuque, Iowa.
Passed, approved and adopted this 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Civil Service Commission: Civil Service
Commission submitting the certified list for the
position of Assistant Planner, presented and
read.
August 18,2005
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 2005
Code of iowa, an examination for the position of
Assistant Planner was given. We hereby certify
that the individuals listed below have passed this
written examination and filling the vacancy for
this position should be made from this list and
that this list is good for two (2) years from above
date.
ASSISTANT PLANNER
Christine Olson
David A. Johnson
Michael C. Daspit
Laurie B. Scott
Ole R. Sleipness
Respect1ully submitted:
Merle Duehr, Chairperson
Loras Kluesner
Richard Wertzberger
Civil Service Commission
Buol moved that the above certification be
received and filed and' made a matter of record.
Seconded by Nicholson. Motion carried 7-0.
Mediacom: 2004 Annual Report of Mediacom
Communications Corporation, presented and
read. Buol moved that the report be received
and filed. Seconded by Nicholson. Motion
carried 7-0.
Citizen Communications:
Communication from Jack Frick, Dubuque
Arboretum & Botanical Gardens, regarding the
sidewalk on the west side of Arboretum Drive,
presented and read. Buol moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Nicholson. Motion carried 7-0.
Petition from business residents of Flinthill
Drive requesting that there be no semi parking
on Flinthill Drive, presented and read. Buol
moved that the communication be received and
filed and referred to the City Manager.
Seconded by Nicholson. Motion carried 7-0.
Communication from Jim Romagna requesting
that he not be required to install sidewalks on his
property at 998 June Drive, presented and read.
Buol moved that the communication be received
and filed and referred to the City Manager.
Seconded by Nicholson. Motion carried 7-0.
Communication from Marianne Eberhardt
requesting an honorary street sign for Auleen
Eberhardt, presented and read. Buol moved
that the communication be received and filed
and referred to the City Manager. Seconded by
Nicholson. Motion carried 7-0.
U.S. Cellular Service Agreement: City
Manager recommending approval of an
agreement between U.S. Cellular and the City of
Dubuque for cellular telephone service,
presented and read. Buol moved that the
communication be received and filed and
Regular Session, September 6, 2005
335
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Municipal Utility Feasibility Study: City
Manager transmitting the resuils of the Municipal
Utility Feasibility Study and recommending that
a work session be scheduled for September 12,
2005 at 6:30 p.m., presented and read. Buol
moved that the communication be received and
fiied and set work session for September 12,
2005 at 6:30 P.M. in the Library Auditorium and
direct the Clerk to pubiish notice in the manner
prescribed by law. Seconded by Nicholson.
Motion carried 7-0.
Third Amendment to Lease Agreement with
Historical Star Redevelopment L.L.C.: City
Manager recommending approval of a third
amendment to the Lease Agreement between
the City and Historical Star Redevelopment
L.L.C. to allow the developer until December 31,
2005 to secure tenants for the Star Brewery
Building and further recommending the issuance
of a new Request for Proposais for the property
redevelopment, presented and read. Buol
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
RESOLUTION NO. 409-05
AUTHORIZING THE EXECUTION OF A THIRD
AMENDMENT TO LEASE AGREEMENT WITH
HISTORICAL STAR REDEVELOPMENT L.L.C.
FOR THE STAR BREWERY BUILDING
Whereas, the City Council of the City of
Dubuque, Iowa, after public hearing, duly
entered into a one-year Lease Agreement with
Historical Star Redevelopment L.L.C.
(Developer) for the Star Brewery Buiiding; and
Whereas, the Lease Agreement provides that
the term of the Lease Agreement is for twelve
(12) months or such ionger or shorter term as
the parties may agree in writing; and
Whereas, the parties desire to extend the
original term of the Lease Agreement through
December 31, 2005; and
Whereas, a Third Amendment to Lease
Agreement, hereto attached and by this
reference made a part hereof, sets forth the
terms and conditions of the Lease extension.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Third Amendment to
Lease Agreement by and between the City of
Dubuque and Historical Star Redevelopment
L.L.C., 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, the Third
Amendment to Lease Agreement.
Passed, approved and adopted this 6th day of
September 2005.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Emergency Repair of Stoneman Road / John
F. Kennedy Road Storm Sewer: City Manager
recommending approval of the emergency
repairs of Stoneman Road / John F. Kennedy
storm sewer, presented and read. Buol moved
that the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 410-05
RESOLUTION AUTHORIZING EMERGENCY
REPAIRS TO THE STONEMAN ROAD/JOHN
F. KENNEDY ROAD STORM SEWER
Whereas, the pavement on Stoneman Road
has collapsed as the result of a deteriorated
storm sewer under Stoneman Road and John F.
Kennedy Road; and
Whereas, Iowa Code S 384.103 provides that
when emergency repair of a public improvement
is necessary and the delay of advertising and a
public letting might cause serious loss or injury
to the city, the governing body shall, by
resolution, make a finding of the necessity to
institute emergency proceedings and shall
procure a certificate from a competent registered
professional engineer or architect, not in the
regular employ of the City, certifying that
emergency repairs are necessary, and that in
that event the governing body may contract for
emergency repairs without holding a public
hearing and advertising for bids; and
Whereas, the City Council finds that the
emergency repair of the storm sewer is
necessary and the delay of advertising and a
public letting might cause serious loss or injury
to the city; and
Whereas, the City has procured a certificate
from a competent professional engineer
registered in the State of Iowa, not in the regular
employ of the City, certifying that emergency
repairs to the sewer are necessary.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council finds that it is
necessary to institute emergency proceedings to
repair the Stoneman Road/John F. Kennedy
Road storm sewer.
Section 2. The City Manager is hereby
authorized to proceed with instituting such
emergency repairs as provided by law.
Passed, adopted and approved this 6" day of
September, 2005.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, CMC, City Clerk
336
Regular Session, September 6, 2005
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
William M. Black Steamboat Restoration
Project: City Manager recommending approval
of the reimbursement of $11,930.82 to the
Dubuque County Historical Society to closeout
the William M. Black Steamboat Restoration
Project, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Performance, Payment and Maintenance
Bonds and Improvement Contracts: Rosedale
Avenue Reconstruction Project and Nowata
Street Reconstruction Project, presented and
read. Buol moved that the communication be
received and filed and approved bonds and
contracts. Seconded by Nicholson. Motion
carried 7-0.
Business Licenses:
RESOLUTION NO. 411-05
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 appiicants a Beer
Permit.
CLASS "B" BEER (5 - DAY SPECIAL EVENT)
Carlos O'Kelly's Carlos O'Kelly's
+(Sunday/Outdoor Sale) Miller Riverview Pk
CLASS "C" BEER PERMIT
Family Mart, Inc. Family Mart+
(Sunday Sale) 3201 Central Av
Downtown Eagle, Inc. Eagle Country
Market+(Sunday Sale) 1800 Elm St
Passed, approved and adopted this 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 412-05
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS "C" BEER/LIQUOR LICENSE
Famolo Of Iowa Inc. Los Aztecas Mexican
Restr+(Sunday Sale) 2700 Dodge St
David Erickson Lucky 13 Tap+
(Sunday Sale) 385 E. 13th St
DBQ County Histro. Soc. Nat'1 Mississippi Rv
Museum+(Sunday/Outdoor) 350 Bell St
DM Sports Bar, Inc. Jumper's Sport Bar
(1 Day Outdoor Sale) 2600 Dodge St
Clarke College Clarke College
(1 Day Outdoor Sale) 1550 Ciarke Dr
SPECIAL CLASS "C" LIQUOR
Valerie Sue Hogan Mississippi Mug+
(Sunday/Outdoor Sale) 373 Bluff St
CLASS "B" WINE
Downtown Eagle Inc. Eagle Country Market
1800 Elm St
Family Mart, Inc Family Mart, Inc
3201 Central Av
Passed, approved and adopted this 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
ITEM TO BE SET FOR PUBLIC HEARING
North Grandview Estates Sanitary Sewer and
Water Main Project - Initiate: City Manager
recommending initiation of the bidding process
for the North Grandview Estates Sanitary Sewer
and Water Main Project and that a public
hearing be set for October 3, 2005 and
recommending approval of additional financial
assistance for the developer and communication
from Richard A. Henkel and Sandra L. Williams
requesting financial assistance for utility
installation, presented and read. Connors moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 413-05
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the North
Grandview Estates - Sanitary Sewer & Water
Main Project in the estimated amounts of
$125,862.00 for sanitary sewer and $70,000.00
for water main are hereby approved and ordered
Regular Session, September 6, 2005
337
filed in the office of the City Clerk for public
inspection.
Passed, adopted and approved this 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 414-05
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the North Grandview Estates - Sanitary
Sewer & Water Main 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 3'"
day of October, 2005, at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Cierk be and is hereby directed to cause a
notice of time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more
than twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne, F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution
fixing date of hearing on plans and specifications
for 10/3/05 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 Markham.
Motion carried 7-0.
RESOLUTION NO. 415-05
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the North Grandview Estates - Sanitary
Sewer & Water Main 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 22"" day of September, 2005. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 3" day of October,
2005.
Passed, adopted and approved this 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Commission: Zoning Advisory Commission
(One unexpired 3-year term through 7/1/06)
Applicant: Matthew Lundh Mr. Lundh spoke
requesting consideration for appointment.
Appointments to the following Boards /
Commissions:
Airport Commission (Two 4-year terms through
9/14/09 - terms of Brotherton and O'Neill;
Applicants: Douglas Brotherton, J.K. Hanson II,
Michael A. Santillo; Vote on the appointment
was as follows: Connors voted for Brotherton
and Santillo; Duggan for Brotherton and Santillo;
Markham voted for Brotherton and Hanson;
Michalski voted for Brotherton and Santillo;
Nicholson voted for Brotherton and Hanson;
Buol voted for Brotherton and Santillo; Cline
voted for Brotherton and Hanson. Therefore,
Douglas Brotherton reappointed and Michael A.
Santillo appointed to four year terms on the
Airport Commission which will expire 9/14/09.
Housing Code Appeals Board (Two 3-years
terms through 1/11/08 - vacant); Applicant:
Sandra Moore. Michalski moved that Sandra
Moore be appointed to the Housing Code
Appeals Board for an unexpired term which will
expire 1/11/08. Seconded by Connors. Motion
carried 7-0.
PUBLIC HEARINGS
Michalski moved that the rules be suspended
to allow anyone present to address the Council.
Seconded by Connors. Motion carried 7-0.
Kerper Boulevard Industrial Park Economic
Development District: Proof of publication on
338
Regular Session, September 6, 2005
notice of hearing and City Manager
recommending that the resoiution that began the
process of amending the Urban Renewal Plan
for the Kerper Boulevard industrial Park
Economic Development District be rescinded
and requesting permission to withdraw this item
from consideration at this time, presented and
read. Markham moved that the proof and
communication be received and filed. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 416-05
A RESOLUTION RESCINDING RESOLUTION
NUMBER 336-05 - A RESOLUTION OF
NECESSITY FINDING THAT AN AMENDMENT
TO THE URBAN RENEWAL PLAN FOR THE
KERPER BOULEVARD INDUSTRIAL PARK
ECONOMIC DEVELOPMENT DISTRICT IS
NECESSARY IN THE INTEREST OF THE
RESIDENTS OF THE CITY OF DUBUQUE,
IOWA.
Whereas, the City Councii has deemed it
advisable to delay action on a proposed
Amendment to the Urban Renewal Plan for the
Kerper Boulevard Industrial Park Economic
Development District.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That Resolution Number 336-05, a Resolution of
Necessity finding that an Amendment to the
Urban Renewal Plan for the Kerper Boulevard
Industrial Park Economic Development District
and setting a public hearing for September 19,
2005, be rescinded and that the amendment be
re-considered at a later date.
Passed, adopted and approved this 6'h day of
September 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Alliant Easement in Port of Dubuque: Proof of
publication on notice of hearing to consider
granting an easement to Alliant Energy in the
Port of Dubuque and City Manager
recommending that the public hearing be held
and then recessed and that action on the
easement be tabled, presented and read. Buol
moved that the communication be received and
filed and tabled. Seconded by Nicholson.
Motion carried 7-0.
Flora Park Water System Project: Proofs of
publication on notice of hearing on plans and
specifications and notice to bidders on the
receipt of bids and City Manager recommending
award of the contract for the Flora Park Water
System Project to Willenborg Plumbing and
Heating in the amount of $66,357.10, presented
and read. Markham moved that the proofs and
communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 417-05
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 1 st day of August, 2005,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Flora Park Water System
Replacement 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, approved and adopted this 61h day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 418-05
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Flora Park
Water System Replacement Project pursuant to
Resolution No. 351-05, and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa, on the 5th day of August,
2005.
Whereas, said sealed proposals were opened
and read on the 18th day of August, 2005, and it
has been determined that the bid of Willenborg
Plumbing and Heating in the amount of
$66,357.10 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 Willenborg Plumbing and
Heating, and the Manager be and is hereby
directed to execute a contract on behalf of the
City of Dubuque for the complete performance
of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contracto(s bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 6th day of
September, 2005.
Regular Session, September 6, 2005
339
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Five Flags Center HVAC - Phase II Project:
Proofs of publication on notice of hearing on
plans and specifications and notice to bidders on
the receipt of bids and City Manager
recommending award of the contract for the Five
Flags Center HVAC - Phase II Project to Geisler
Brothers Company in the amount of $116,850,
presented and read. Cline moved that the
proofs and communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 419-05
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 1 st day of August, 2005,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Five Flags Center HVAC,
Phase 11 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, approved and adopted this 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 420-05
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Flags Center
HVAC, Phase 11 Project pursuant to Resolution
No. 354-05, and notice to bidders published in a
newspaper published in the City of Dubuque,
Iowa, on the 5th day of August, 2005.
Whereas, said sealed proposals were opened
and read on the 18th day of August, 2005, and it
has been determined that the bid of Geisler
Brothers Company in the amount of $116,850
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 Geisler Brothers Company, and
the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contracto~s bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Third Street Overpass Decorative Railing
Project: Proofs of publication on notice of
hearing on plans and specifications and notice
to bidders on the receipt of bids, and City
Manager recommending award of the contract
for the Third Street Overpass Decorative Railing
Project to Tricon General Construction in the
amount of $254,792.80, presented and read.
Connors moved that the proofs and
communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 421-05
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 27th day of July, 2005, plans,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the Third Street Overpass Decorative
Railing 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 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO, 422-05
AWARDING CONSTRUCTION CONTRACT
FOR THE THIRD STREET OVERPASS
DECORATIVE RAILING PROJECT
Whereas, sealed bid proposals have been
submitted by contractors for the Third Street
Overpass Decorative Railing Project to
Resolution No. 357-05 and notice to bidders
340
Regular Session, September 6, 2005
published in a newspaper published in the City
of Dubuque, Iowa on the 5th day of August,
2005.
Whereas, said sealed proposals were opened
and read on the 25th day of August, 2005, and it
has been determined that the bid of Tricon
General Construction in the amount of
$254,792.80 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the
construction documents.
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 Tricon General Construction 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 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Port of Dubuque Recognition Wall Project:
Proofs of publication on notice of hearing on
plans and specifications and notice to bidders on
the receipt of bids and City Manager
recommending award of the contract for the Port
of Dubuque Recognition Wall Project to Tricon
General Construction in the amount of
$148,000, presented and read. Cline moved that
the proofs and communication be received and
filed. Seconded by Connors. Motion carried 7-
O.
RESOLUTION NO. 423-05
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas. on the 27th day of July. 2005, plans,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the Third Street Overpass Decorative
Railing 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 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO, 424-05
AWARDING CONSTRUCTION CONTRACT
FOR THE PORT OF DUBUQUE
RECOGNITION WALL PROJECT
Whereas, sealed bid proposals have been
submitted by contractors for the Port of Dubuque
Recognition Wall Project to Resolution No. 360-
05 and notice to bidders published in a
newspaper published in the City of Dubuque,
Iowa on the 5th day of August, 2005.
Whereas, said sealed proposals were opened
and read on the 25th day of August, 2005, and it
has been determined that the bid of Tricon
General Construction in the amount of
$148,000.00 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the
construction documents.
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 Tricon General Construction 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 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Buol moved that the rules be reinstated limiting
discussion to Council. Seconded by Connors.
Motion carried 7-0.
ACTION ITEMS
Municipal Communications Utility: City
Manager recommending support of a resolution
urging citizens to support the ballot question
authorizing the City of Dubuque to establish a
municipal communications utility, presented and
read. Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
Regular Session, September 6, 2005
341
RESOLUTION NO. 425-05
RESOLUTION OF SUPPORT FOR THE
BALLOT QUESTION ON THE AUTHORITY OF
THE CITY OF DUBUQUE TO ESTABLISH A
COMMUNICATIONS UTILITY
Whereas, Opportunity Dubuque is a citizen-led
organization working to place the question of the
authority of the City of Dubuque to establish a
communications utiiity on the ballot in Dubuque,
Iowa for the general eiection to be held
November 8, 2005; and
Whereas, placing the question on the ballot is
without cost or financial encumbrance to the City
or to local citizens; and
Whereas, the authorization of the City to
establish a communications utility does not
obiigate or require any future action by the City;
and
Whereas, placing the question on the ballot is
a logical extension of local government designed
to further study, assess and evaluate the merits
of a municipal communications utility; and
Whereas, Opportunity Dubuque has presented
a petition to the City Council requesting that the
question of the authority of the City to establish
a communications utility be piaced on the ballot;
and
Whereas, the City Council finds that it is in the
best interests of the City of Dubuque that such
ballot question be passed.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Council of the City of Dubuque
supports the passage of the ballot question
authorizing the City of Dubuque to establish a
communications utility and encourages voters to
vote in favor of the ballot issue.
Passed, approved and adopted this 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Samantha Drive Neighborhood Association:
Communication from Susan Jewell, Samantha
Drive Neighborhood Association, requesting to
address the City Council regarding drainage
issues affecting the Samantha Drive area and
City Manager submitting information regarding
the private drainage issues in the Samantha
Drive area, presented and read. Michalski
moved that the communication be received and
filed and referred to the City Manager.
Seconded by Nicholson. Motion carried 7-0.
Susan Meehan, 2465 Samantha Drive,
described problems the neighborhood was
having with drainage and gave a history of
previous actions the City Council had taken
regarding stormwater management in that area
with development of Embassy West No. 3 and
the QHQ property.
Gronen Properties LLC/Michele Mihalakis
(First Reading on August 15, 2005): City
Manager submitting information on calls for
selVice in the neighborhood of 2080 Elm Street
and safety of the intersection at 21" and Elm
Streets and an Ordinance Amending Appendix A
(the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter
described property located at 2080 Elm Street
from R-2A Alternate Two-Family Residential
District to OR Office Residential District,
presented and read.
Michelle Mihalakis advised that, in response to
concerns/questions from the City Council, she
had changed the location of the proposed
building to allow more visibility at the
intersection, had held a neighborhood meeting
with the residents in the area and she provided a
copy of the signed purchase agreement for the
vacant lot next to 2080 Elm Street that she
planned to use for parking and green space.
David Chatfield, 3739 Inwood Avenue, spoke
regarding the neighborhood meeting and stated
his continued opposition to the project, citing
parking and traffic concerns.
Buol moved to receive and file the
communications and consider this the second
reading of the Ordinance. Seconded by
Connors. Motion passed with the following vote:
Yeas-Buol, Ciine, Connors, Michalski,
Nicholson. Nays-Duggan with Markham's vote
declared null and void due to conflict of interest.
Water Works Park - Naming Rights: City
Manager recommending approval of the naming
of the former Hawthorne Street Peninsula as A Y
McDonald Park, presented and read. Cline
moved that the communication be received and
filed and approved recommendation. Seconded
by Connors. Motion carried 7-0.
Council thanked the A.Y. McDonald family for
this donation.
The following was removed from the Agenda:
Hartig/Finley Land Purchase: City Manager
recommending that the value of City-owned
property which the Dick Hartig/Finley Hospital
partnership has requested to purchase be
established at $4.56 per square foot, or
$149,000.
Arts and Cultural Affairs Advisory Commission:
Arts and Cultural Affairs Advisory Commission
recommending approval of twelve funding
requests from Dubuque arts and cuiture
organizations and associated funding
agreements, presented and read. Cline moved
that the communication be received and filed
342
Regular Session, September 6, 2005
and approved recommendation. Seconded by
Michalski. Motion carried 7-0.
Harvest View Estates Sixth Addition - Final
Plat: City Manager recommending approval of
the final plat of Harvest View Estates Sixth
Addition, presented and read. Buol moved that
the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 426-05
A RESOLUTION APPROVING THE FINAL
PLAT OF HARVEST VIEW ESTATES SIXTH
ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a final plat of Harvest View Estates Sixth
Addition, in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears streets
to be known as Millstone Drive (Lot A) and
Millstone Court (Lot B) together with certain
public utility easements, which the owners by
said final plat have dedicated to the public
forever; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon, subject to the owners agreeing to the
conditions noted in Section 2 below; and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it, except
that no streets or public utilities have yet been
constructed or installed.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. That the dedication of Millstone
Drive (Lot A) and Millstone Court (Lot B),
together with the easements for public utilities
and storm sewer as they appear upon said final
plat, be and the same are hereby accepted; and
Section 2. That the final plat of Harvest View
Estates Sixth Addition is hereby approved and
the Mayor and City Clerk are hereby authorized
and directed to endorse the approval of the City
of Dubuque, Iowa, upon said final plat, provided
the owners of said property herein named,
execute their written acceptance hereto attached
agreeing;
(a) To reduce Millstone Drive (Lot A) and
Millstone Court (Lot B) to grade and to
construct concrete curb and gutter and to
hard surface with asphaltic concrete, or
with concrete paving with integral curb,
all in accordance with the City of
Dubuque standard specifications, all in a
manner acceptable to the City Engineer,
in conformance with construction
improvement plans approved by the City
Engineer, and inspected by the City
Engineer.
(b) To install water mains and water service
laterals into each individual lot, sanitary
sewer mains and sewer surlace laterals
into each individual lot, storm sewers
and catch basins, boulevard street
lighting and erosion control devices all in
accordance with the City of Dubuque
standard specifications, all in a manner
acceptable to the City Engineer, and in
accordance with construction
improvement plans approved by the City
Engineer, and inspected by the City
Engineer.
(c) To construct said improvements, prior to
two (2) years from the date of
acceptance of this resolution, at the sole
expense of the owners, or future owner;
(d) To maintain the public improvements, for
a period of two (2) years from the date of
the acceptance of those improvements
by the City of Dubuque, Iowa, at the sole
expense of the owners, or future owner;
And, further provided that said KZ
Investments, L.L.C., as owners of said property,
shall secure the performance of the foregoing
conditions provided in this Section by providing
guarantees in such form and with such sureties
as may be acceptable to the City Manager of the
City of Dubuque, Iowa.
Section 3. Sidewalk installation shall be the
responsibility of the owner abutting the public
rights-of-way, including lots with multiple
frontages, as required by City Code 41-161
through 41-164. The responsibility shall extend
to all successors, heirs and assignees.
Sidewalk installation will not be required until the
development of the lot has been completed,
except as required herein. In sparsely
developed subdivisions, sidewalks on developed
iots will not be required until 50% of the lots
approved by the plat have been developed. All
vacant lots shall have sidewalks installed upon
development of 80% of the lots approved by the
plat.
Section 4. Upon the City's acceptance of the
detention facility, the maintenance expenses
incurred by the City of Dubuque for the storm
water detention facility (Lot A Harvest View
Estates First Addition) shall be assessed against
the lot owners of all additions in Harvest View
Estates as indicated in the preliminary plat, in
equal amounts, and the City Manager shall
certify such costs to the City Clerk, who in turn
shall promptly certify such costs to the Dubuque
County Treasurer, and such costs shall then be
collected with and in the same manner as
general property taxes in accordance with
provisions of law.
Section 5. That the final acceptance of all
public improvements shall occur upon
Regular Session, September 6, 2005
343
certification of the City Engineer to the City
Council that all public improvements have been
completed in accordance with the improvement
plans and City standard specifications and
accepted by City Council Resolution.
Section 6. That in the event KZ Investments,
L. L. C. fails to execute the acceptance and
furnish the guarantees provided in Section 2
hereof within 180 days after the date of this
Resolution, the provisions hereof shall be null
and void and the acceptance of tha dedication
and approval the piat shall not be effective.
Passed, approved and adopted this 6th day of
September 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF RESOLUTION NO. 426-05
I, the undersigned, Tom Keizer, representing
KZ Investments, L.L.C., having read the terms
and conditions of Resolution No. 426-D5 and
being familiar with the conditions thereof, hereby
accept the same and agree to the conditions
required therein.
Dated this 6th day of September 2005.
By: /s/ Tom Keizer
KZ Investments, L.L.C.
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Bricktown Liquor License Violation Hearing:
City Manager recommending that the liquor
license hearing for Bricktown employee Shane
Klaas be referred by the City Council to the
State of Iowa Liquor Control Board; City Solicitor
Bill Bium submitting information regarding the
State of Iowa vs. Shane Klaas (Bricktown
employee) case; and communication from
Attorney Joseph J. Bitter requesting that the
matter not be referred to the Iowa Liquor Control
Board, presented and read. Cline moved that
the communications be received and filed and
approved recommendation. Seconded by
Michalski. Motion carried 7-0.
Naming Opportunities at the Grand River
Center and Other City Property: City Manager
recommending that the naming opportunity
amount for the Grand River Center (GRC) and
other City properties be revised, presented and
read. Michalski moved that the communication
be received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 7-0.
Application to GSA for Federal Building
Conveyance: City Manager recommending that
the City acquire the Federal Building and begin
the complicated application process to the
United States Government Services
Administration, presented and read. Buol moved
that the communication be received and filed.
Seconded by Connors. Motion carried 6-1 with
Duggan voting Nay.
RESOLUTION NO. 427-05
RESOLUTION AUTHORIZING APPLICATION
TO THE GENERAL SERVICES
ADMINISTRATION FOR HISTORIC
MONUMENT CONVEYANCE OF THE
FEDERAL BUILDING TO THE CITY OF
DUBUQUE
Whereas, certain real property owned by the
United States, iocated in the County of
Dubuque, State of Iowa, has been declared
surplus and at the discretion of the Administrator
of General Services, may be conveyed for
historic monument purposes to a State, political
subdivision, instrumentalities thereof, or
municipality, under the provisions of Section
203(k)(3) of the Federal Property and
Administrative Services Act of 1949, as
amended [40 U.S.C. 484(k)(3)], and rules and
regulations promulgated pursuant thereto, 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 conduct compatible revenue-
producing activities, and that regardless of any
revenues derived from such activities, is
financially able to utilize said property for historic
monument purposes as set forth in its Program
of Preservation and Utilization and in
accordance with the requirements of said Act
and regulations and procedures promulgated
thereunder; and
Whereas, the City of Dubuque agrees that any
income in excess of costs of repair,
rehabilitation, restoration and maintenance shall
be used by the City of Dubuque only for public
historic preservation purposes as enunciated in
its Program of Preservation and Utilization;
Now, Therefore, Be It Resolved by the City
Council of Dubuque, Iowa, that the City of
Dubuque shall make application to the
Administrator of General Services for and
secure the transfer to it of the above-mentioned
property for said use upon and subject to such
exceptions, reservation, terms, covenants,
agreements, conditions, and restrictions as the
Secretary of the Interior, and the Administrator
of General Services, or their authorized
representatives, may require in connection with
the disposal of said property under said Act and
the rules and regulations issued pursuant
344
Regular Session, September 6, 2005
thereto; and Be It Further Resolved that the City
of Dubuque has legal authority, is willing, and is
in a position to assume immediate care and
maintenance of the property, and that Michaei
C. Van Milligen, City Manager, be and he is
hereby authorized, for and on behalf of the City
of Dubuque to do and perform any and all acts
and things which may be necessary to carry out
the foregoing resolution, including the preparing,
making, and fiiing of plans, applications, reports,
and other documents; the execution,
acceptance, delivery, and recordation of reports,
and other documents; the execution,
acceptance, delivery, and recordation of
agreements, deeds, and other instruments
pertaining to the transfer of said property,
including the filing of copies of the application
and the conveyance documents in the records of
the governing body, and the payment of any and
all sums necessary on account of the purchase
price thereof or fees or costs incurred. in
connection with the transfer of said property for
survey, title searches, recordation of
instruments, or other costs identified with the
Federal surplus property acquisition.
.Passed, approved and adopted this 6th day of
September 2005.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 6-1 with
Duggan voting Nay.
Drop-Off Parking on Sixth Street City
Manager recommending approval of the
installation of a curb cuVdrop-off area on Sixth
Street, from Locust Street to the alley west of
Main Street, presented and read. Buol moved
that the communication be received and filed.
Seconded by Nichoison. Motion carried 7-0.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa, by
modifying Subsection (d) of Section 32-262
thereof providing for the addition of drop-off
parking on Sixth Street, south side, from Locust
Street to the alley west of Main Street.
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 52-05
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY MODIFYING SUBSECTION (d) OF
SECTION 32-262 THEREOF PROVIDING FOR
THE ADDITION OF DROP-OFF PARKING ON
SIXTH STREET, SOUTH SIDE, FROM
LOCUST STREET TO THE ALLEY WEST OF
MAIN STREET
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa, be amended by adding
to Subsection (d) of Section 32-262 the
following:
Sixth Street, south side, from Locust Street to
the alley west of Main Street, provided, however,
it shall not be uniawful to stop, but only in the
drop-off areas provided, for the sole purpose of
and for the time necessary to allow passengers
to enter or exit a vehicle and during which time
the vehicle shall not be unattended.
Passed, approved and adopted this 6th day of
September, 2005.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 14th day of September, 2005.
Jeanne F. Schneider, City Clerk
11 9/14
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended. Seconded by Nicholson. Motion
carried 7-0. Buol moved final consideration and
passage of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
Intersection of Marywood Drive and Crissy
Drive: City Manager recommending approval of
the replacement of yield signs with stop signs on
Marywood Drive at Crissy Drive, presented and
read. Buol moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa, by
modifying Subsection (b) of Section 32-214
thereof providing for the addition of stop signs
on Marywood Drive, south intersection, and
Crissy Drive, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 53-05
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY MODIFYING SUBSECTION (b) OF
SECTION 32-214 THEREOF PROVIDING FOR
THE ADDITION OF STOP SIGNS ON
MARYWOOD DRIVE, SOUTH INTERSECTION,
AND CRISSY DRIVE
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.That the Code of Ordinances of the
City of Dubuque, Iowa, be amended by adding
Marywood Drive, south intersection, and Crissy
Drive to Subsection (b) of Section 32-214
thereof as follows:
Sec. 32-214. Stop Intersections.
(b)
.
.
Regular Session, September 6, 2005
345
EASTBOUND AND WESTBOUND
Marywood Drive, South Intersection, and Crissy
Drive
Passed, approved and adopted this 61h day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 14th day of September, 2005.
Jeanne F. Schneider, City Clerk
1t 9/14
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended. Seconded by Nicholson. Motion
carried 7-0. Buol moved final consideration and
passage of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa, by
modifying Subsection (b) of Section 32-216
thereof providing for the deletion of yield signs at
the intersection of Marywood Drive and Crissy
Drive, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 54-05
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY MODIFYING SUBSECTION (b) OF
SECTION 32-216 THEREOF PROVIDING FOR
THE DELETION OF YIELD SIGNS AT THE
INTERSECTION OF MARYWOOD DRIVE AND
CRISSY DRIVE
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa, be amended by deleting
Marywood Drive from Subsection (b) of Section
32-216 thereof as follows:
Sec. 32-216. Yield Intersections.
(b)
.
.
.
(3) Eastbound Vehicles
Crissy Drive and Marywood Drive, South
Intersection
(4) Westbound Vehicles
Crissy Drive and Marywood Drive, South
Intersection
Passed, approved and adopted this 61h day of
September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 14th day of September, 2005.
Jeanne F. Schneider, City Clerk
1t9/14
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Councii Meetings prior to
the meeting at which it is to be finally passed be
suspended. Seconded by Nicholson. Motion
carried 7-0. Buol moved final consideration and
passage of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
National League of Cities: Communication
from the National League of Cities requesting
appointment of a voting delegate and alternate
voting delegate for the upcoming Congress of
Cities, presented and read. Markham moved
that the communication be received and filed
and appointed Council Member Nicholson as the
voting delegate with Council Member Michalski
as the alternate. Seconded by Connors. Motion
carried 7-0.
Hurricane' Katrina: City Council Member Dan
Nicholson proposing that Dubuque create a
sister city-type relationship with Greenwood,
Mississippi and communication from the Mayor
of Greenwood, MS clarifying their needs,
presented and read. Cline moved that the
communication be received and filed and
approved proposal. Seconded by Michalski.
Motion carried 7-0.
Council discussed various means of helping
this City with the infiux of evacuees and
refugees.
At 8:32 P.M. Michalski moved to go into
Closed Session re: Pending Litigation and
Property Acquisition - Chapter 21.5(1)(c)U) 2005
Code of Iowa. Seconded by Connors. Motion
carried 7-0.
At 8:43 P.M. Council reconvened Regular
Session stating that Staff had been given proper
directign.
There being no further business, Michalski
moved to adjourn. Seconded by Connors.
Motion carried 7-0. The meeting adjourned at
8:44 P.M.
Isl Jeanne F. Schneider, CMC
City Clerk
1t9/14
346
Regular Session, September 6, 2005
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DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, September 7,
2005
Council met in special session at 4:00 p.m. at
the Grand River Center
Present: Mayor Pro-Tern Connors, Council
Members Buol, Cline, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl
Absent: Mayor Duggan
Mayor Pro-Tern Connors read the call and
stated this is a special session of the City
Council called for the purpose of conducting a
goal setting session with Lyle Sumek facilitating.
The City Council reviewed the 2004 - 2005
Performance Report and discussed the top
achievements of the past year. Council
identified the major challenges for the next
twelve to eighteen months and what needed to
be accomplished in that time. Also discussed
were the goals developed the previous year with
regard to what had been accomplished toward
achievement of those goals.
There being no further business, upon motion
meeting adjourned at 9:10 p.m.
Isl Jeanne F. Schneider, CMC
City Clerk
1t 9116
347
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Regular Session, September 8, 2005
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, September 8,
2005
Council met in special session at 4:00 P.M. at
the Grand River Center
Present: Mayor Pro-Tern Connors, Council
Members Buoi, Cline, Markham, Michalski,
Nicholson, City Manager Van Milligan,
Corporation Counsel Lindahl
Absent: Mayor Duggan
Mayor Pro-Tern Connors read the call and
stated this is a special session of the City
Council called for the purpose of conducting a
goal setting session with Lyle Sumek facilitating.
City Manager Van Milligen reported that the
Fire Department had received a request from
the International Association of Fire Chiefs for
one or two 2-person firefighter teams to assist
with Hurricane Katrina relief efforts and stated
that he would be bringing this to the next City
Council meeting for approval. He also distributed
information on the City's health and prescription
drug insurance plan enrollment.
The City Council adopted the five year goals
for the community as: (1) improved connectivity:
transportation and communications; (2) diverse,
strong Dubuque economy; (3) planned and
managed growth; (4) partnering for a better
Dubuque; and (5) riverfront development.
Objectives for were ranked, with the short-term
challenges identified and the actions necessary
to achieve each goal. The Policy Agenda for
2005-2007 was established as: Top Priority -
Southwest Arterial, Intramodal Transit Facility
Study; Downtown Plan Implementation; Bee
Branch Creek Project; and Erosion Control
Policy; High Priority - Municipal Communication
Utility Referendum, Airport Master Plan
Implementation, Police Staffing, Neighborhood
Crime Reduction Strategy and Library
Referendum.
Council discussed the upcoming election and
the fact that there would be a minimum of two
new Council Members and directed staff to
schedule a governance and team building
session after the election with Lyle Sumek
facilitating_ Sumek gave an overview of topics
he would suggest discussing during this session.
There being no further business, upon motion
meeting adjourned at 9:25 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 9/16
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349
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, September 12,
2005
Council met in Special Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Pro-Tern Connors, Council
Members Buol, Cline, Markham, Michalski, City
Manager Van Milligen, Corporation Council
Lindahl
Absent: Mayor Duggan
Mayor Pro-Tem Connors read the call and
stated this is a speciai session of the City
Council called for the purpose of discussing the
Municipal Utility Feasibility Study.
City Manager Van Milligen stated that the
purpose of the meeting was for the City Council
to receive the results of the Municipal Utility
Feasibility Study and to provide an opportunity
for questions and answers regarding the
formation of a municipal communications utility.
Bob Woodward of Vernon Research Group
and Tom Asp of Virchow Krause & Company,
described the various business models which
were examined and studied and the financial
impact of each. The recommendation for the
City of Dubuque would be a wireless high-speed
internet service. Council questioned whether this
would be satisfactory for current and potential
businesses. It was pointed out that the passage
of the referendum would give the City leverage
to form a municipal communications system -
either now or in the future.
At 7:38 p.m., there being no further business,
upon motion the meeting was adjourned.
/s/ Jeanne F. Schneider, CMC
City Cierk
11 9/21
2006
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350
Regular Session, September 19, 2005
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, September 19,
2005
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council
Buol, Cline, Connors, Markham
Nicholson, City Manager Va~
Corporation Counsel Lindahl
Members
Michalski,
Milligen,
Mayor Duggan read the call and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properly come before the Council.
Invocation was given by Reverend Kristian
Kincaid, Our Redeemer Lutheran Church.
Proclamations: Constitution Week (September
17 - 23, 2005) received by Eileen Coursey and
Claire Buchheit; and Crop Walk Day in Dubuque
(October 2, 2005) received by Dorothy Krayer.
CONSENT ITEMS
Minutes and Reports Submitted: City Council
of 9/6, 9/7 and 9/8; Library Board of 7/28; Zoning
Advisory Commission of 9/7; Zoning Board of
Adjustment of 8/25, presented and read. Buol
moved that the minutes be received and filed.
Seconded by Markham. Motion carried 7-0.
Library Board of Trustees Update from the
meeting of August 31, 2005, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0.
Notice of Claims/Suits: John Honeycutt for
property damage; Donnabelle Kramer for vehicle
damage, presented and read. Buol moved that
the claims be received and filed and referred to
Legal for investigation and report. Seconded by
Markham. Motion carried 7-0.
Corporation Counsel advising that the
following claim has been referred to Public Entity
Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool: UFCW 431 for
property damage, presented and read. Buol
moved that the communication be received and
filed and concurred. Seconded by Markham.
Motion carried 7-0.
Corporation Counsel recommending
settlement of the claim of Roger Schadler for
property damage and directing the Finance
Department to issue payment, presented and
read. Buol moved that the communication be
received and filed and concurred and Finance
Department to issue payment. Seconded by
Markham. Motion carried 7-0.
Corporation Counsel recommending denial of
the claim of Joan Higley for property damage,
presented and read. Buol moved that the
communication be received and filed and
concurred with the recommendation. Seconded
by Markham. Motion carried 7-0.
Westbrook Subdivision Water Main Eldension
Project: City Manager recommending
acceptance of the Westbrook Subdivision Water
Main Eldension and Service Line Lateral Project
as completed by Callahan Construction, Inc. in
the final contract amount of $74,000, presented
and read. Buol moved that the communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 428-05
ACCEPTING IMPROVEMENT
Whereas, the Contract for the Westbrook
Subdivision Water Main and Service Line Lateral
Improvement Project has been completed and
the City's consultant Buesing and Associates of
Dubuque, Iowa recommend acceptance of the
project.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be accepted.
Passed, approved and adopted this 19th day
of September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 429-05
FINAL ESTIMATE
Whereas, the contract of the Westbrook
Subdivision Water Main and Service Line Lateral
Improvement Project has been completed and
the City has submitted the final estimate
showing the cost thereof.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $74,000.
Section 2. That the final payment $3,700 be
paid to Callahan Construction, Inc. in
Regular Session, September 19,2005
351
accordance with State Statutes from funds in the
Water Department's FY 04 CIP Budget.
Passed, approved and adopted this 19th day
of September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Citizen Communication: Communication from
Dave Meyers regarding a notice he received to
repair his sidewalk and objecting to the amount
of time allowed to do the work and the amount of
the permit fees, presented and read. Buol
moved that the communication be received and'
filed and referred to the City Manager.
Seconded by Markham. Motion carried 7-0.
Diversity Training - Request for Proposals:
City Manager recommending approval of the
issuance of a Request for Proposals for diversity
training for City employees, presented and read.
Buol moved that the communication be received
and filed and recommendation approved.
Seconded by Markham. Motion carried 7-0.
Letter of Appreciation: Communication from
the Diversity Training and Welcoming
Committee expressing appreciation to the City
Council for establishing a sister city relationship
with Greenwood, Mississippi, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0.
Employee Contribution to Health and
Prescription Drug Plan Premiums: City Manager
submitting information regarding City employee
contributions to health and prescription drug
plan premiums, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
O.
Consolidated Annual Performance and
Evaluation Report (CAPER): City Manager
recommending approval of the Consolidated
Annual Performance and Evaluation Report
(CAPER) for the period of July 1, 2004 through
June 30, 2005, which is required by the
regulations governing the Community
Development Block Grant (CDBG) Program,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 430-05
RESOLUTION AUTHORIZING THE SUB-
MISSION OF A CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT
(CAPER) FOR THE PERIOD COMMENCING
JULY 1, 2004 AND CONCLUDING JUNE 30,
2005.
Whereas, the City of Dubuque, Iowa, is an
entitlement grant recipient under the Community
Development Block Grant (CDBG) Program of
the U.S. Department of Housing and Urban
Development (HUD); and
Whereas, the CDBG regulations require that
no later than ninety (90) days after the
completion of a program year, each entitlement
recipient must submit a performance and
evaiuation report, Consolidated Annual
Performance and Evaluation Report (CAPER);
and,
Whereas, the City has 1) prepared a CAPER
for the program year commencing July 1, 2004
and concluding June 3D, 2005; 2) published
notice of availability of the CAPER in the
Telegraph Herald on August 23, 2005 and in the
Dubuque Advertiser on August 24, 2005; 3)
made copies of the CAPER available for public
review at the Carnegie Stout Public Library, City
Hall, and Housing and Community Development
Department; 4) held a pubiic hearing pursuant to
published notice before the Community
Development Advisory Commission on
September 8, 2005; and
Whereas, the Community Development
Advisory Commission has voted to approve the
CAPER and to recommend City Council
approval.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Consoiidated Annual
Performance and Evaluation Report (CAPER)
for the period commencing July 1, 2004 and
concluding June 3D, 2005, a copy of which is
attached, is hereby approved for submission.
Section 2. That the Mayor of the City of
Dubuque is hereby authorized and directed to
execute the Consolidated Annual Performance
and Evaluation Report (CAPER) on behalf of the
City of Dubuque, Iowa.
Section 3. That the City Manager is hereby
authorized and directed to submit the
Consolidated Annual Performance and
Evaluation Report (CAPER) to the U.S.
Department of Housing and Urban
Development.
Passed, approved and adopted this 19th day
of September 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resoiution.
Seconded by Markham. Motion carried 7-0.
Jackson Street Signalization Removal: City
Manager recommending approval for the
removal of the traffic signals at 15th and
Jackson Streets and replacement with stop
signs on 15th Street, presented and read. Buol
352
Regular Session, September 19, 2005
moved that the communication be received and
filed and recommendation approved. Seconded
by Markham. Motion carried 7-0.
Fiscal Year 2005 Street Finance Report: City
Manager recommending approval of the City of
Dubuque's Fiscal Year 2005 Street Finance
Report for submittal to the Iowa Department of
Transportation, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 431-05
APPROVING THE CITY OF DUBUQUE
FISCAL YEAR 2005 CITY STREET FINANCE
REPORT
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Street Finance Report
for the period of July 1. 2004 to June 30. 2005,
is hereby approved and thaI the City Clerk is
hereby authorized and directed to file said report
with the Iowa Department of Transportation.
Passed, approved and adopted this 19th day
of September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Acceptance of Warranty Deeds: City Manager
recommending approval of the acceptance of
two warranty deeds from QHQ Properties for
parcels of land on Asbury Road, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 432-05
ACCEPTING THE DEED TO CERTAIN REAL
ESTATE IN DUBUQUE COUNTY, IOWA,
FROM QHQ PROPERTIES
WHEREAS, the City of Dubuque entered into
an Agreement with QHQ Properties for the
purchase of the real property in Dubuque
County, Iowa, described as follows:
A part of Lot 1 of Salvo - Salas Place 2 in the
City of Dubuque, Dubuque County, Iowa, as
shown on the Acquisition Plat thereof recorded
as Instrument Nos. 2005-12607 and 2005-13888
in the Office of the Dubuque County Recorder.
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
Warranty Deed from QHQ Properties attached
hereto.
2. The City Clerk is hereby authorized and
directed to record this Resolution and the
Warranty Deed with the Dubuque County
Recorder.
Passed, approved and adopted this 19th day
of September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 433-05
ACCEPTING THE DEED TO CERTAIN REAL
ESTATE IN DUBUQUE COUNTY, IOWA,
FROM QHQ PROPERTIES
WHEREAS, the City of Dubuque entered into
an Agreement with QHQ Properties for the
purchase of the real property in Dubuque
County, Iowa, described as follows:
A part of Lot 1 of 1 of 1 of 3 and part of Lot 1 of
1 of 2 of 3 of the Southwest Quarter of the
Southwest Quarter of Section 16, Township 89
North, Range 2 East 6f the 5th P.M., in the City
of Dubuque, Dubuque County, Iowa, as shown
on the Acquisition Plat thereof recorded as
instrument Nos. 2005-4986 and 2005-12525 in
the Office of the Dubuque County Recorder.
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
Warranty Deed from QHQ Properties attached
hereto.
2. The City Clerk is hereby authorized and
directed to record this Resolution and the
Warranty Deed with the Dubuque County
Recorder.
Passed, approved and adopted this 19th day
of September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Eagle Valley Subdivision: City Manager
recommending approval of a request from
Fondell Excavating for an extension through
November 1, 2007 to complete the public
improvements in Eagle Valley Subdivision,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 434-05
AMENDING RESOLUTION NO. 293-03
APPROVING THE FINAL PLAT OF LOTS 1-2,
INCLUSIVE, OF BLOCK 1, LOTS 1-27,
INCLUSIVE OF BLOCK 2, LOTS 1-13,
INCLUSIVE OF BLOCK 3, LOTS 1-13,
INCLUSIVE, OF BLOCK 4, LOTS 1-21,
INCLUSIVE, OF BLOCK 6, LOTS 1-10,
INCLUSIVE, OF BLOCK 7 AND LOTS A-I,
Regular Session, September 19, 2005
353
INCLUSIVE, ALL OF EAGLE VALLEY
SUBDIVISION
Whereas, On August 18, 2003 the City Council
adopted Resolution No. 293-03 Approving The
Final Plat Of Lots 1-2, Inclusive, Of Block 1, Lots
1-27, Inclusive Of Biock 2, Lots 1-13, Inclusive
Of Block 3, Lots 1-13, Inclusive, Of Block 4, Lots
1-21, Inclusive, Of Biock 6, Lots 1-10, inclusive,
Of Biock 7 And Lots A-I, Inclusive, All Of Eagle
Valley Subdivision; and
Whereas, Section 3(c) of Resolution No. 293-
03 required the owner to construct certain public
improvements prior to two years from the date of
acceptance of the resolution; and
Whereas, the owner has requested an
extension of time in which to construct said
improvements; and
Whereas, the City Council finds that it is in the
best interests of the City of Dubuque to grant an
extension for the construction of said
improvements.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Resolution No. 293-03, Section 3(c)
is hereby amended to read as follows:
The owner agrees to construct said
improvements prior to the 1 st day of November,
2007, at the sole expense of the owner or future
owner;
Section 2. All other requirements and
obligations of Resolution No. 293-03 shall
remain in full force and effect as provided
therein.
Passed, approved and adopted this 19th day
of September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Dubuque Star Brewery Building - Request for
Proposals: City Manager recommending
approval of the issuance of a Request for
Proposals for redevelopment of the former
Dubuque Star Brewery Building and site,
presented and read. Buol moved that the
communication be received and filed and
recommendation approved. Seconded by
Markham. Motion carried 7-0.
United States Environmental Protection
Agency: Letter to Stephanie Doolan, US
Environmental Protection Agency, regarding the
final closeout documents for the Port of
Dubuque Brownfields Project, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0.
Dubuque Yacht Basin: City Manager
recommending approval of the execution of a
Waiver of Landlord's Lien for Dubuque Yacht
Basin, Inc. boat inventory sold on consignment,
presented and read. Buol moved that the
communication be received and filed and
recommendation approved. Seconded by
Markham. Motion carried 7-0.
Great River Road Interpretive Signage Project:
City Manager recommending award of the
contract for the Great River Road Interpretive
Signage Project to Lange Sign Company in the
amount of $23,010, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
O.
RESOLUTION NO. 435-05
AWARDING CONSTRUCTION CONTRACT
FOR THE GREAT RIVER ROAD INTER-
PRETIVE SIGNAGE PROJECT
Whereas, . sealed bid proposals have been
submitted by contractors for the Great River
Road Interpretive Signage Project pursuant to
Resolution No. 335-05 and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa on the 19th day of August,
2005.
Whereas, said sealed proposals were opened
and read on the 8th day of September, 2005,
and it has been determined that the bid of Lange
Sign Group of Dubuque, Iowa, in the amount of
$23,010.00 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the
construction documents.
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 Lange Sign Group 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 19th day
of September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 436-05
APPROVING CONSTRUCTION CONTRACT
WITH LANGE SIGN GROUP FOR THE GREAT
RIVER ROAD INTERPRETIVE SIGNAGE
PROJECT
Whereas the City Council by Resolution No.
435-05 awarded the construction contract for the
354
Regular Session, September 19, 2005
Great River Road Interpretive Signage Project to
Lange Sign Group; and
Whereas Lange Sign Group 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 September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Cable TV Teleprogramming Commission: City
Manager recommending approval of the Cable
TV Teleprogramming Commission's recom-
mendations for PEG Access Equipment Grants,
presented and read. Buol moved that the
communication be received and filed and
recommendation approved. Seconded by
Markham. Motion carried 7-0.
Harvest View Subdivision: Petition from the
residents of Harvest View Subdivision in
appreciation of the installation of sidewalks on
the north side of Asbury Road from John F.
Kennedy Road to the Northwest Arterial,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
Legislative Communication: Communication to
Senators Charles Grassley and Tom Harkin, and
Representative Jim Nussle regarding S1504 -
the Broadband Investment and Consumer
Choice Act, presented and read. Buol moved
that the communication be received and fiied.
Seconded by Markham. Motion carried 7-0.
Iowa Department of Natural Resources:
Communication from the Iowa Department of
Natural Resources advising that the City's Water
Recreation Access Cost-Share Grant
Application for Public Access in the amount of
up to $50,000 has been approved, presented
and read. Buol moved that the communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
Worker's Compensation Settlement: City
Solicitor William Blum recommending settlement
of the worker's compensation claim of Terry
Dolan, presented and read. Buol moved that
the communication be received and filed and
recommendation approved. Seconded by
Markham. Motion carried 7-0.
University of Dubuque: Communication from
Alan Burr, University of Dubuque, requesting
changes to the parking restrictions in the area
surrounding the University, presented and read.
Buol moved that the communication be received
and filed and referred to the City Manager.
Seconded by Markham. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 437-05
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
NEW
Bulldog Billiards Sports Bar & Grill Inc
Richard/Joleen Reinhardt 1850 Central
Passed, approved and adopted this 19th day
of September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 438-05
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the Ordinances of the City and have filed
proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "B" BEER (5 - DAY SPECIAL EVENT)
Dubuque Jaycees Dubuque Jaycees
Bluff St (3rd to Bluff)
CLASS "C" BEER PERMIT
Liberty Station, LLC Phillips 66/Arby's+
(Sunday Sale) 10 S Main St
RKM LLC Ron's Discount Smokes+
(Sunday Sale) 1701 JFK Rd
Mulgrew Oil Company Asbury Amoco
Foodshop+(Sunday Sale) 3300 Asbury Rd
Wal-Mart Stores, Inc. Wal.Mart #2004+
(Sunday Sale) 4200 Dodge St
Passed, approved and adopted this 19th day
of September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Regular Session, September 19, 2005
RESOLUTION NO. 439-0S
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS "C" BEER/LIQUOR LICENSE
DDA Enterprise Inc. A & B Tap+
(Sunday Sale) 2600 Central Ave
PMST Inc Happy's Place+
(Sunday Sale) 2323 Rockdale Rd
James Kohl Grand Tap+
(Sunday Sale) 802 Central Ave
Platinum Hospitality Group Grand River
Center+(Sunday/Outdoor Sale) 500 Bell
Angela Mangeno Angie's Bar+
(Sunday Sale) 1401 Elm St
Bulldog Billiards Spts. Bar/Grilllnc Bulldog
Billiards Spts Bar+(Sunday Sale)
1850 Central Av
Europa Haus Rest./Bierstube Europa Haus
( 1 day Outdoor Sale) 1301 Rhomberg Av
Red Robin Internationallnc Red Robin Burgers
/ Spirits+(Sunday/Outdoor) 2775 NW Arterial
Ibrico, Inc Fat Tuesday's+
(Sunday/Outdoor Sale) 1121 University Av
CLASS "B" WINE
Wal-Mart Stores, Inc Wal-Mart # 2004
4200 Dodge St
Teri A. Burdt River City Gift Shop
137 Main St
Passed, approved and adopted this 1 9th day
of September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Vacating Petition - Stewart Street: City
Manager recommending that a public hearing be
set for October 3, 2005 to consider a request
from Richard Hartig, representing Grandview
University LLC, and John E. Knox, representing
The Finley Hospital, to vacate and dispose of a
portion of Stewart Street, a portion of North
Grandview Avenue, and portions of adjacent
alleys between Delhi Street and University
Avenue, presented and read. Michalski moved
that the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
355
RESOLUTION NO. 440-OS
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED PORTION OF NORTH
GRANDVIEW AVENUE SOUTH OF
UNIVERSITY AVENUE
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
dated the 30th day of June, 2005, prepared by
IIW Engineers & Surveyors, PC, describing the
proposed vacated portion of North Grandview
Avenue south of University Avenue to be known
as Lot 2 of Grandview University Place in the
City of Dubuque, Dubuque County, Iowa; and
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 the 30th day of
June, 2005, prepared by IIW Engineers &
Surveyors, . PC, 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. The relocation of all utilities affected
by the vacating of the portion of North
Grandview Avenue south of University Avenue
be engineered, constructed, and inspected at
the expense of Grandview University, LLC and
The Finley Hospital in accordance with City of
Dubuque Standards and Specifications.
Section 3. That the City Clerk be and is hereby
authorized and directed to file said plat and
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 September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 441-05
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED PORTION OF NORTH
GRANDVIEW AVENUE NORTH OF DELHI
STREET
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
dated the 30th day of June, 2005, prepared by
IIW Engineers & Surveyors, PC, describing the
proposed vacated portion of North Grandview
Avenue north of Delhi Street to be known as Lot
2 of 1 of Rigi Subdivision No. 2 in the City of
Dubuque, Dubuque County, Iowa; and
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:
356
Regular Session, September 19,2005
Section 1. That the plat dated the 30th day of
June, 2005, prepared by IIW Engineers &
Surveyors, PC, 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. The relocation of all utilities affected
by the vacating of the portion of North
Grandview Avenue north of Delhi Street be
engineered, constructed, and inspected at the
expense of Grandview University, LLC and The
Finley Hospital in accordance with City of
Dubuque Standards and Specifications.
Section 3. That the City Clerk be and is hereby
authorized and directed to file said plat and
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 September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 442-05
RESOLUTION APPROVING PLAT OF
PROPOSED REMAINING UNVACATED 12-
FOOT ALLEY EAST OF NORTH GRANDVIEW
AVENUE BETWEEN DELHI STREET AND
UNIVERSITY AVENUE
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
dated the 30th day of June, 2005, prepared by
IIW Engineers & SUlveyors, PC, describing the
proposed remaining unvacated 12-foot alley
east of North Grandview Avenue between Delhi
Street and University Avenue to be known as
Lot A of Loetscher and Truebs Subdivision in the
City of Dubuque, Dubuque County, Iowa; and
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 the 30th day of
June, 2005, prepared by IIW Engineers &
Surveyors, PC, relative to the real estate
hereinabove described be and the same is
hereby approved, and the Mayor and City Cierk
be and they are hereby authorized and directed
to execute said plat for and on behalf of the City
of Dubuque, Iowa.
Section 2. The relocation of all utilities affected
by vacating the remaining unvacated 12-foot
alley east of North Grandview Avenue between
Delhi Street and University Avenue be
engineered, constructed, and inspected at the
expense of Grandview University, LLC and The
Finley Hospital in accordance with City of
Dubuque Standards and Specifications.
Section 3. That the City Clerk be and is hereby
authorized and directed to file said plat and
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 September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 443-05
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED PORTION OF
STEWART STREET AND ADJACENT ALLEYS
SOUTH OF UNtVERStTY AVENUE
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
dated the 30th day of June, 2005, prepared by
IIW Engineers & Surveyors, PC, describing the
proposed vacated portion of Stewart Street and
adjacent alleys south of University Avenue to be
known as Lots B, C, and D of Loetscher and
Truebs Subdivision in the City of Dubuque,
Dubuque County, Iowa; and
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 the 30th day of
June, 2005, prepared by IIW Engineers &
Surveyors, PC, 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. The relocation of all utilities affected
by the vacating of the portion of Stewart Street
and adjacent alleys south of University Avenue
be engineered, constructed, and inspected at
the expense of Grandview University, LLC and
The Finley Hospital In accordance with City of
Dubuque Standards and Specifications.
Section 3. That the City Clerk be and is hereby
authorized and directed to file said plat and
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 September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 444-05
RESOLUTION OF INTENT TO VACATE AND
DISPOSE OF CITY INTEREST IN LOT 2 OF
GRANDVIEW UNIVERSITY PLACE, LOT 2 OF
1 OF RIG I SUBDIVISION NO.2, AND LOT A
AND LOT B OF LOETSCHER AND TRUEBS
Regular Session, September 19, 2005
357
SUBDIVISION IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, the Grandview University LLC and
The Finley Hospital have requested the vacaling
of a portion of North Grandview Avenue south of
University Avenue, a portion of North Grandview
Avenue north of Delhi Street, and the remaining
unvacated 12-foot alley east of North Grandview
Avenue between Delhi Street and University
Avenue and a portion of Stewart Street south of
University Avenue; and
Whereas, IIW Engineers & Surveyors, PC has
prepared and submitted to the City Council a
plat showing the vacated portion of North
Grandview Avenue south of University Avenue,
a portion of North Grandview Avenue north of
Deihi Street, and the remaining unvacated 12-
foot alley east of North Grandview Avenue
between Delhi Street and University Avenue and
a portion of Stewart Street south of University
Avenue, and assigned iot numbers thereto,
which hereinafter shall be known and described
as Lot 2 of Grandview University Place, Lot 2 of
1 of Rigi Subdivision No.2, and Lot A and Lot B
of Loetscher and Truebs Subdivision in the City
of Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this portion
of North Grandview Avenue south of University
Avenue, the portion of North Grandview Avenue
north of Delhi Street, and the remaining
unvacated 12-foot alley east of North Grandview
Avenue between Delhi Street and University
Avenue and a portion of Stewart Street south of
University Avenue are no longer required for
public use, except for utility easements as noted,
and vacating and sale of said portions of alleys
and streets known Lot 2 of Grandview University
Place, Lot 2 of 1 of Rigi Subdivision No.2, and
Lot A and Lot B of Loetscher and Truebs
Subdivision 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
vacate and dispose of its interest in Lot 2 of
Grandview University Place, Lot 2 of 1 of Rigi
Subdivision No.2, and Lot A and Lot B of
Loetscher and Truebs Subdivision in the City of
Dubuque, Iowa.
Section 2. That the conveyance of Lot 2 of
Grandview University Place, Lot 2 of 1 of Rigi
Subdivision No.2, and Lot A and Lot B of
Loetscher and Truebs Subdivision in the City of
Dubuque, Iowa to Grandview University, LLC be
contingent upon the payment of $69,191.54,
plus platting, publication and filing fees.
Section 3. The relocation of all utilities and
curbing along the east side of North Grandview
Avenue as indicated on the approval site plan
affected by the vacating of a portion of North
Grandview Avenue south of University Avenue,
the portion of North Grandview Avenue north of
Delhi Street, and the remaining unvacated 12-
foot alley east of North Grandview Avenue
between Delhi Street and University Avenue and
a portion of Stewart Street south of University
Avenue be engineered, constructed, and
inspected at the expense of Grandview
University LLC and The Finley Hospital in
accordance with the City of Dubuque Standards
and Specifications.
Section 4. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to dispose of said real estate to be
published in the manner as prescribed by law.
Passed, approved and adopted this 19th day
of September, 2005.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution
and set this for public hearing on 10/3/05 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 Connors. Motion carried 7-0.
RESOLUTION NO. 445-05
RESOLUTION OF INTENT TO VACATE AND
DISPOSE OF CITY INTEREST IN LOTS C AND
D OF LOETSCHER AND TRUEBS SUBDI-
VISION IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, the Grandview University LLC and
The Finley Hospital have requested the vacating
of a portion of Stewart Street and adjacent alleys
south of University Avenue; and
Whereas, IIW Engineers & Surveyors, PC has
prepared and submitted to the City Council a
plat showing the vacating of a portion of Stewart
Street and adjacent alleys south of University
Avenue and assigned lot numbers thereto,
which hereinafter shall be known and described
as Lots C and D of Loetscher and T ruebs
Subdivision in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this portion
of Stewart Street and adjacent alleys south of
University Avenue is no longer required for
publiC use, except for utility easements as noted,
and vacating and sale of said portions of alleys
and streets known Lots C and D of Loetscher
and Truebs Subdivision 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
vacate and dispose of its interest in Lots C and
D of Loetscher and Truebs Subdivision in the
City of Dubuque, Iowa.
Section 2. That the conveyance of Lots C and
D of Loetscher and Truebs Subdivision the City
358
Regular Session, September 19, 2005
of Dubuque, Iowa to The Finley Hospital be
contingent upon the payment of $30,808.46 plus
platting, publication and filing fees.
Section 3. The relocation of all utilities affected
by the vacating of a portion of Stewart Street
and adjacent alleys south of University Avenue
be engineered, constructed, and inspected at
the expense of Grandview University LLC and
The Finley Hospital, in accordance with the City
of Dubuque Standards and Specifications.
Section 4. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to dispose of said real estate to be
published in the manner as prescribed by law.
Passed, approved and adopted this 19th day
of September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution
and set this for public hearing on 10/3/05 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 Connors. Motion carried 7-0.
Fiscal Year 2006 Budget Amendment: City
Manager recommending that a pubiic hearing be
set for October 3, 2005 to consider the first
amendment to the Fiscal Year 2006 budget,
presented and read. Michalski moved that the
communication be received and filed. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 446-05
SETTING THE DATE FOR THE PUBLIC
HEARING ON AMENDMENT NO. 1 TO THE
FISCAL YEAR 2006 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 pubiish notice before the hearing as
provided in Iowa Code Section 362.3.
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 2006 budget for the City of
Dubuque at the Carnegie Stout Public Library
Auditorium, 360 West 11 th Street, Dubuque,
Iowa, on Monday, October 3, 2005, 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 infoonation.
Passed, approved and adopted this 19th day
of September 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution
setting a public hearing for 10/3/05 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 Connors. Motion carried 7-0.
Miller Riverview Park Electric Outlet - Phase II
Project: City Manager recommending initiation
of the bidding process for the Miller Riverview
Park Electric Outlet - Phase II Project and that a
public hearing be set for October 17, 2005,
presented and read. Michalski moved that the
communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 447-05
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 Miller-
Riverview Park Electrical Service, Phase II
Project, in the estimated amount of $38,000, are
hereby approved and ordered filed in the office
of the City Clerk, for public inspection.
Passed, approved and adopted this 19th day
of September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 448-05
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Miller-Riverview Park Electrical Service,
Phase II Project.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that on the 17th day of
October, 2005, a public hearing will be held at
6:30 p.m. in the Public Library Auditorium, at
which time interested persons may appear and
be heard for or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published In a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not 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 pians,
Regular Session, September 19, 2005
359
specifications, contract, or estimated cost of the
improvement.
Passed, approved and adopted this 19th day
of September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution
fixing date of hearing on plans and specifications
for 10/17/05 at a meeting to commence at 6:30
P.M. in the public library auditorium and direct
the City Cierk to publish notice in the manner
prescribed by iaw. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 449-05
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Miller-Riverview Park Electrical
Service, Phase II 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 6th day of October, 2005. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 17th day of October,
2005.
Passed, approved and adopted this 19th day
of September, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Boards/Commissions:
Environmental Stewardship Advisory Board
(One 1-year youth term; two 3-year terms
through 10/1/08 - terms of Klostermann and
O'T ooie)
Applicants: Youth - Kirsten Berg and Claire
Miller; Wayne Klostermann and Mary Clare
O'Toole
Kirsten Berg spoke requesting consideration
for appointment.
Appointment to the following Commission:
Zoning Advisory Commission (One unexpired 3-
year term through 7/1106) Applicant: Matthew
Lundh Michalski moved that Mr. Lundh be
appointed to the Zoning Advisory Commission.
Seconded by Connors. Motion failed due to the
following vote: Yeas-Connors, Michalski, Buol.
Nays-Duggan, Markham, Nicholson, Cline.
PUBLIC HEARINGS
Michalski moved to suspend the rules to allow
anyone present to address the Council.
Seconded by Nicholson. Motion carried 7-0.
Tri-State Development - Request to Rezone:
Proof of publication on notice of hearing to
consider amending the Zoning Ordinance of the
City of Dubuque by rezoning property located
northeast of Seippel Road and Cottingham Road
from R-1 Single-Family Residential District to CS
Commercial Service and Wholesale District as
requested by Tri-State Development
Company/James and Doris Graf and Zoning
Advisory Commission recommending denial;
Communication from Brian Lammers, Tri-State
Development Company, requesting that this
rezoning request be tabled untii he has had an
opportunity to meet with neighboring property
owners; Communication from Margaret and
Donald Delaney, et ai, in opposition to the
proposed rezoning, and an Ordinance
Amending Appendix A (the Zoning Ordinance) of
the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property
located northeast of Seippel Road and
Cottingham Road from R-1 Single-Family
Residential District to CS Commercial Service
and Wholesale District, presented and read.
Michalski moved to receive and file the proof
and communications and to recess the public
hearing and to table the issue. Seconded by
Nicholson. Motion carried 6-1 with Cline voting
Nay.
Michalski moved to reinstate the rules limiting
discussion to the Council. Seconded by
Nicholson. Motion carried 7-0.
ACTION ITEMS
2080 Elm Street I Michele Mihalakis Rezoning
(Third Reading):
Council Member Markham left the Chambers
due to possible conflict of interest.
Communication from Laurie Bartolotta in
opposition to the proposed rezoning, presented
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 5-1 with Duggan voting Nay..
360
Regular Session, September 19, 2005
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinalter
described property iocated at 2080 Elm Street
from R-2A Alternate Two-Famiiy Residential
District to OR Office Residential District, said
Ordinance having been presented and read at
the Council Meetings of 8/15/05 and 9/6/05 and
now presented for final action.
OFFICIAL PUBLICATION
ORDINANCE NO. 55-05
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 2080 ELM
FROM R-2A ALTERNATE TWO-FAMILY
RESIDENTIAL DISTRICT TO OR OFFICE
RESIDENTIAL 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 hereinalter-described property from R-2A
Alternate Two-Family Residential District to OR
Office Residential District to wit:
Lot 1 of 2 of 1 of 2 of 2 of 2 of 3 of 10 and part of
Lot 1 of 1 of 2 of 3 of 10 Kniest Subdivision and
to the centerline of the adjoining public right-of-
way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 19th day
of September 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 23rd day of September, 2005.
Jeanne F. Schneider, City Clerk
1t 9/23
Buol moved final consideration and passage of
the Ordinance. Seconded by Nicholson. Motion
carried 5-1 with Duggan voting Nay.
Council Member Markham returned to the
meeting.
Arbor Estates Subdivision - Phase III - Final
Plat: City Manager recommending approval of
the final plat of Arbor Estates Subdivision -
Phase III as requested by Kivlahan Farms, L.C.,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 450-05
A RESOLUTION APPROVING FINAL PLAT
OF LOTS 13 THRU 18, INCLUSIVE, IN BLOCK
6, LOTS 6 THRU 20, INCLUSIVE, IN BLOCK 7,
LOTS 3 THRU 15, INCLUSIVE, IN BLOCK S,
LOTS 2 THRU 12, INCLUSIVE, IN BLOCK 9,
LOTS 1 THRU 10, INCLUSIVE, IN BLOCK 10,
LOTS P, Q, R, AND S, ALL IN ARBOR
ESTATES, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a Final Plat of Arbor Estates Subdivision
Phase III, comprised of Lots 13 thru 18,
Inclusive, in Block 6, Lots 6 thru 20, Inclusive, in
Block 7, Lots 3 thru 15, Inclusive, in Block 8,
Lots 2 thru 12, Inclusive, in Block 9, Lots 1 thru
10, Inclusive, in Block 10, Lots P, Q, R, and S,
all in Arbor Estates in the City of Dubuque, Iowa;
and
Whereas, upon said final plat appears streets
to be known as Arrowwood Lane (Lot Q),
Hibiscus Lane (Lot R); and Kiv Berry Lane (Lot
S) , together with certain public utility and storm
sewer drainage easements, which the owners
by said final plat have dedicated to the public
forever; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon, subject to the owners agreeing to the
conditions noted in Section 2 and 3 below; and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it, except
that no streets or public utilities have yet been
constructed or installed.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Arrowwood
Lane (Lot Q), Hibiscus Lane (Lot R), and Kiv
Berry Lane (Lot S), together with the easements
for public utilities, sanitary sewer, storm sewer,
and water mains as they appear upon said final
plat, be and the same are hereby accepted; and
Section 2. That the Final Plat of Arbor Estates
Subdivision Phase III, comprised of Lots 13 thru
18, Inclusive, in Block 6, Lots 6 thru 20,
Inclusive, in Block 7, Lots 3 thru 15, Inclusive, in
Block 8, Lots 2 thru 12, Inclusive, in Block 9,
Lots 1 thru 10, Inclusive, in Block 10, Lots P, Q,
R, and S, all in Arbor Estates is hereby
approved by the Mayor and City Clerk are
hereby authorized and directed to endorse the
approval of the City of Dubuque, Iowa, upon
said final piat, R'ovided the owners of said
property herein named, execute their written
acceptance hereto attached agreeing:
(a) To reduce Arrowwood Lane (Lot Q),
Hibiscus Lane (Lot R), and Kiv Berry Lane (Lot
S) to grade and to construct concrete curb and
Regular Session, September 19, 2005
361
gutter and to hard surface with asphaltic
concrete, or with concrete paving with integral
curb, all in accordance with the City of Dubuque
standard specifications, all in a manner
acceptable to the City Engineer, in conformance
with construction improvement plans approved
by the City Engineer, and inspected by the City
Engineer;
(b) To install sanitary sewer mains, pumping
station and sewer service laterals into each
individual lot, water mains and water service
laterals into each individual lot, storm sewers
and catch basins, boulevard street lighting and
erosion control devices all in accordance with
the City of Dubuque standard specifications, all
in a manner acceptable to the City Engineer,
and in accordance with construction
improvement plans approved by the City
Engineer, and inspected by the City Engineer;
(c) To construct a storm water detention
facilities (Lot 6 and 13, Block 9) in a manner
acceptable to the City Engineer, in accordance
with the City of Dubuque standard specifications
approved by the City Engineer, and inspected by
the City Engineer;
(d) To construct said improvements, prior to two
(2) years from the date of acceptance of this
resolution, at the sole expense of the owners, or
future owner; and
(e) To maintain the public improvements, for a
period of two (2) years from the date of the
acceptance of those improvements by the City
of Dubuque, Iowa, at the sole expense of the
owners, or future owner;
And, further provided that said Kivlahan
Farms, L.C., as owners of said property, shall
secure the performance of the foregoing
conditions provided in this Section by providing
guarantees in such form and with such sureties
as may be acceptable to the City Manager of the
City of Dubuque, Iowa.
Section 3. Sidewalk installation shall be the
responsibility of the owner abutting the public
rights-of-way, including iots with multiple
frontages, as required by City Code 41-161
through 41-164. The responsibility shall extend
to all successors, heirs and assignees.
Sidewalk installation will not be required until the
development of the lot has been completed,
except as required herein. in sparsely
developed subdivisions, sidewaiks on developed
lots will not be required until 50% of the lots
approved by the plat have been developed. All
vacant lots shall have sidewalks installed upon
development of 80% of the lots approved by the
plat.
Section 4. Upon the City's acceptance of the
detention facility, the maintenance expenses
incurred by the City of Dubuque for the storm
water detention facility (Lot 15 Block 7 and Lot
12 Block 9) shall be assessed against the lot
owners of all additions in Arbor Estates as
indicated in the preliminary plat, in equal
amounts, and the City Manager shall certify
such costs to the City Clerk, who in turn shail
promptiy certify such costs to the Dubuque
County Treasurer, and such costs shall then be
collected with and in the same manner as
general property taxes in accordance with
provisions of lawn.
Section 5. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that all public improvements have been
completed in accordance with the improvement
plans and City standard specifications and
accepted by City Council Resolution.
Section 6. That in the event Kivlahan Farms,
L.C. fails to execute the acceptance and furnish
the guarantees provided in Sections 2 and 3
hereof within 180 days after the date of this
Resolution, the provisions hereof shall be null
and void and the acceptance of the dedication
and approval the plat shall not be effective.
Passed, approved and adopted this 19th day
of September 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Ehrlich Farms Subdivision - Preliminary Plat:
Zoning Advisory Commission recommending
approval of the preliminary piat of the Ehrlich
Farms Subdivision, presented and read. Cline
moved that the communication be received and
filed. Seconded by Connors. Motion carried 6-
1 with Michalski voting Nay.
RESOLUTION NO. 451-05
RESOLUTION APPROVING THE PRELIMI-
NARY PLAT OF EHRLICH FARM
SUBDIVISION IN THE CITY OF DUBUQUE,
IOWA.
Whereas, there has been filed with the City
Clerk a Preiiminary Plat of Ehrlich Farm
Subdivision; and
Whereas, said Preliminary Plat has been
examined by the Zoning Advisory Commission
and has recommended approval subject to the
following:
1) Waiving Section 42-19(b) for Lots 3, 4 and
5 of Block 1 and Lots 9, 10 and 11 of Block 2 to
allow the double frontage iots with the condition
that the aforementioned lots have no access to
Street "A".
2) Waiving the maximum grade for collector
streets of 10% to ailow Street "A" to have a
grade of 12%.
3) That a lockable gate be installed at the top
of Olympic Heights Road subject to adequate
area being dedicated to the City as part of a
future final plat.
362
Regular Session, September 19, 2005
COUNCIL MEMBER REPORTS
4) That construction vehicles are prohibited
from using Olympic Heights Road for access to
the site.
5) That the applicant pursue a temporary
construction access to the Northwest Arterial
with lOOT and the City of Dubuque.
Whereas, said Preliminary Plat has been
examined by the City Council and they find that
it conforms to the statutes and ordinances
relating thereto and cencur in the
recommendations of the Zoning Advisory
Commission.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Preliminary Plat of Ehrlich
Farm Subdivision is hereby approved, and the
Mayor and City Clerk are hereby authorized and
directed to endorse the approval of the City of
Dubuque, iowa.
Passed, approved and adopted this 19th day
of September 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 6-1 with
Michaiski voting Nay.
Nicholson stressed the intensity of the pians
and questioned having only one access.
Four Mounds Foundation: Communication
from Christine Happ Olson, Executive Director of
the Four Mounds Foundation, requesting City
sponsorship of an application for transportation
enhancement funds from the Iowa Department
of Transportation, presented and read. Michalski
moved that the communication be received and
filed and approved letter of support. Seconded
by Nicholson. Motion carried 7-0.
Highway 20 Bridge: City Manager
recommending that a work session with the Iowa
Department of Transportation be held at 5:00
p.m. on November 7, 2005 to review aesthetic
design issues associated with the Highway 20
Bridge Project, presented and read. Connors
moved that the communication be received and
filed and concurred. Secended by Michalski.
Motion carried 7-0.
Phoenix Award: Press release advising that
the Port of Dubuque redevelopment project has
been recognized as one of the nation's
outstanding Brownfield redevelopment projects
and has been awarded the 2005 Phoenix Award
for EPA Region 7, presented and read. Cline
moved that the communication be received and
filed. Secended by Nicholson, Motion carried 7-
O.
Michalski shared information from the recent
Iowa League of Cities meeting attended by
herself, Mayor Duggan, Council Members
Connors and Nicholson and City Manager Van
Milligen and cemplimented Dan Nicholson on his
election as President Elect of the League.
At 7:01 P.M. Michalski moved to go into
Closed Session re: Pending Litigation and
Property Acquisition - Chapter 21.5(1)(c)0) 2005
Code of Iowa. Secended by Nicholson. Motion
carried 7-0.
At 7:19 P.M. Council reconvened regular
session stating that staff had been given proper
direction.
There being no further business, Michalski
moved to adjourn. Secended by Nichoison.
Motion carried 7-0, The meeting adjourned at
7:20 P.M.
Isl Jeanne F, Schneider, CMC
City Clerk
1t9/2~8 I
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Special Session, September 28, 2005
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Session, Wednesday, September 28,
2005
Council met at 1 :00 p.m., City Hall Conference
Room B
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Van Milligen, City
Attorney Tim O'Brien
Mayor Duggan read the call and stated this is
a special session of the City Council called for
the purpose of considering approval of an
amendment to the Development Agreement with
Marke, LLC (Vessel Systems)
Proposed Sale of Vessel Systems, Inc: City
Manager recommending approval of an
amendment to the Vessel Systems'
Deveiopment Agreement and support of the sale
of Vessel Systems, Inc. to Art's Way
Manufacturing, presented and read. Michalski
moved to receive and file and approve the
amendment to the Development Agreement with
Marke, LLC with the condition that the CEBA
wage guideline be maintained. Seconded by
Markham. Motion carried 7-0.
There being no further business, Nicholson
moved to adjourn. Seconded by Connors.
Motion carried 7-0. The meeting adjourned at
1:36 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 10/5
363
2006
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