2 5 07 City Council Minutes Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
City Council Special Session, February 5, 2007
Council met in Special Session at 5:30 p.m.
Present: Mayor Pro Tem Karla Braig; Council Members Pat Cline, Joyce Connors, Ric Jones,
Kevin Lynch, Ann Michalski; City Manager Michael Van Milligen, City Attorney Barry Lindahl
Absent at Roll Call: Mayor Roy D. Buol entered at 5:40 p.m.
Mayor Pro Tem Braig read the call and stated this is a special session of the City Council
called for the purpose of discussing the 2005-2008 Convention and Visitors Bureau Planning
Process and Business Plan. Sue Czeshinski, Dubuque Area chamber of Commerce
Convention and Visitors Bureau, provide the City Council with an update of the CVB’s past-
year’s activities and reviewed its proposed budget and business plan for the next year.
There being no further business, upon motion the meeting adjourned at 6:16 p.m.
/s/ Jeanne F. Schneider
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
City Council Regular Session, February 5, 2007
Council met at 6:30 p.m. in the Library Auditorium
Present: Mayor Roy D. Buol; Council Members Karla Braig, Pat Cline, Joyce Connors, Ric
Jones, Kevin Lynch, Ann Michalski; City Manager Michael Van Milligen, City Attorney Barry
Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called for the
purpose of discussing matters which may properly come before the Council.
Invocation was given by Chaplain David Pacholke, United Methodist Affiliation – Finley
Hospital
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 12/11; Cable TV Regulatory
Commission of 11/08; Cable TV Teleprogramming Commission of 12/11; City Council of 1/16
and 1/29; Civil Service Commission of 1/9; Electrical Code Board of 1/22; Historic Preservation
Commission of 1/18; Housing Commission of 11/28; Housing Commission Trust Fund
Committee of 1/29; Human Rights Commission of 11/13; Investment Oversight Advisory
Commission of 1/24; Library Board of 12/14; Long Range Planning Advisory Commission of
1/17; Mechanical Board of 1/23; Park and Recreation Commission of 1/9; Zoning Board of
Adjustment of 1/25, upon motion received and filed.
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Investment Oversight Commission submitting the 55 quarterly report, upon motion received
and filed.
Proofs of publication of City Council Proceedings of November 20, December 11, December
19, 2006, January 3, and January 16, 2007 and List of Claims and Summary of Revenues for
Month Ending December 31, 2006, upon motion received and filed.
Notice of Claims/Suits: Thomas J. Kehoe for vehicle damage; Mortgage Electronic
Registration Systems, Inc. vs. City of Dubuque Housing and Community Development
Department, et al; Matthew Smothers for vehicle damage; Lary L. Williams for vehicle damage,
upon motion received and filed and referred to the City Attorney for investigation/report.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Justin Apel for vehicle
damage; Thomas Kehoe for vehicle damage; Harold O. Miller for vehicle damage; Matthew
Smothers for vehicle damage; Lary L. Williams for vehicle damage, upon motion received, filed
and concurred.
Iowa Department of Economic Development: Communication from the Iowa Department of
Economic Development advising that The Durrant Group, Inc. has been awarded IDED
financial assistance for their project in the Port of Dubuque, upon motion received and filed.
Electrical Code Board: Communication from Steve Neyens, Secretary to the Electrical Code
Board, advising that David Pregler has submitted his resignation from the Board, upon motion
received and filed.
St. Mark Community Center: Communication from Sister Inez Turnmeyer and Sandi
Helgerson, Saint Mark Community Center, requesting City support for after-school programs at
three locations in the Fiscal Year 2008 budget, upon motion received and filed and referred to
the City Manager.
Iowa League of Cities: Communication from the Iowa League of Cities inviting the City to bid
on the 2011 Iowa League of Cities Annual Conference and Exhibit, upon motion received and
filed and referred to the City Manager.
Motion for Rehearing: City Attorney advising that the Supreme Court has denied the Petition
for Rehearing in the Sutton vs. Dubuque City Council case, upon motion received and filed.
Four Mounds Foundation: Communication from Christine Happ Olson, Executive Director of
the Four Mounds Foundation, congratulating the City on the award from the AIA that allows the
City to engage in the Green Sustainable Design Assessment Team study and requesting that
Four Mounds be involved in the planning process and that their site be utilized as a
demonstration model, upon motion received and filed and referred to the City Manager.
Dubuque Metropolitan Area Solid Waste Agency: Communication from Chuck Goddard,
Dubuque Metropolitan Area Solid Waste Agency Administrator, submitting the Agency’s Fiscal
Year 2008 budget and fee schedule, upon motion received and filed.
Vision Iowa: Communication from Andrew Anderson, Vision Iowa Board Chairman, submitting
the Vision Iowa Status Report, upon motion received and filed.
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City of Webster City: Communication from Ed Sadler, City Manager of Webster City, Iowa,
requesting that the City of Dubuque send a letter to area legislators urging their commitment to
complete Highway 20 as a four-lane highway across the State of Iowa, upon motion received
and filed.
Citizen Communication: Communication from D. Michael O’Meara requesting that the City
identify and name city streets in honor of those war dead of the Vietnam-era conflict, upon
motion received and filed.
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Purchase of Property – 509 East 22 Street: City Manager recommending that the City
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purchase a residential dwelling located at 509 East 22 Street as part of the acquisition
program associated with the Bee Branch Creek Restoration Project, upon motion received and
filed. Michalski moved to adopt Resolution No. 40-07, Approving the acquisition of real estate
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located at 509 East 22 Street in the City of Dubuque. Seconded by Connors. Motion carried
7-0.
RESOLUTION NO. 40-07
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APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 509 E. 22STREET, 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 thirteenth
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 legally
described property: The Southwesterly ½ of Lot 3 in Sanford’s Subdivision in the City of
Dubuque, Iowa, according to the recorded plats thereof at the cost of Sixty one thousand
dollars ($61,000).
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 5th day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Purchase of Property – 505 Rhomberg Avenue: City Manager recommending that the City
purchase a residential dwelling located at 505 Rhomberg Avenue as part of the acquisition
program associated with the Bee Branch Creek Restoration Project, upon motion received and
filed. Michalski moved to adopt Resolution No. 41-07 Approving the acquisition of real estate
located at 505 Rhomberg Avenue in the City of Dubuque. Seconded by Connors. Motion
carried 7-0.
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RESOLUTION NO. 41-07
APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 505
RHOMBERG AVENUE, 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 twelfth 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 legally
described property:
Lot 13 in Smedley’s Subdivision in the City of Dubuque, Iowa, according to the recorded plat
thereof.
At the cost of Sixty thousand dollars ($60,000).
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 5th day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Eagle Point Park Concrete Replacement Projects: City Manager recommending acceptance
of the Eagle Point Park Concrete Replacement Projects as completed by Kluck Construction in
the final contract amount of $91,312.75, upon motion received and filed. Michalski moved to
adopt Resolution No. 42-07 Accepting improvement and Resolution No. 43-07 Approving final
estimate. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 42-07
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the Eagle Point Park Concrete Replacement Project has been
completed and the City Manager has examined the work and filed his certificate stating that
the same has been completed according to the terms of the contract, plans and specifications
and recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. That the recommendation of the City Manager be approved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to
the contractor from the General Fund in amount equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 5th day of February, 2007.
Roy D. Buol, Mayor
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Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 43-07
FINAL ESTIMATE
WHEREAS, the contract for the Eagle Point Park Concrete Replacement Project has been
completed and the Engineer has submitted his final estimate showing the cost thereof
including the cost of estimates, notices and inspection and all miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is hereby determined to be $91,312.75, and the
General Fund
said amount shall be paid from the of the City of Dubuque, Iowa.
Passed, approved and adopted this 5th day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Five Flags Bleacher Replacement Project: City Manager recommending acceptance of the
Five Flags Bleacher Replacement Project as completed by Iowa Direct Equipment and
Appraisal L.C. in the final contract amount of $354,950, upon motion received and filed.
Michalski moved to adopt Resolution No. 44-07 Accepting improvement and Resolution No.
45-07 Approving final estimate. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 44-07
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the Five Flags Bleacher Replacement Project has been
completed and the City Manager has examined the work and filed his certificate stating that
the same has been completed according to the terms of the contract, plans and specifications
and recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. That the recommendation of the City Manager be approved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to
General Fund
the contractor from the in amount equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 5th day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 45-07
FINAL ESTIMATE
WHEREAS, the contract for the Five Flags Bleacher Replacement Project has been
completed and the Engineer has submitted his final estimate showing the cost thereof
including the cost of estimates, notices and inspection and all miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is hereby determined to be $354,950, and the
said amount shall be paid from the General Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 5th day of February, 2007.
Roy D. Buol, Mayor
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Attest: Jeanne F. Schneider, City Clerk
Alta Vista/Carlotta Streets Reconstruction Project: City Manager recommending acceptance
of the Alta Vista/Carlotta Streets Reconstruction Project as completed by Portzen Construction,
Inc., in the final contract amount of $802,249.02 and approval of the final schedule of
assessments, upon motion received and filed. Michalski moved to adopt Resolution No. 47-07
Accepting the Alta Vista – Carlotta Streets Reconstruction Project, Resolution No. 48-07
Approving final estimate, and Resolution No. 49-07 Adopting the final assessment schedule for
the Alta Vista – Carlotta Streets 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. Seconded by
Connors. Motion carried 7-0. A Schedule of Assessments is on file in the Office of the City
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Clerk, City Hall., 50 W. 13 Street.
RESOLUTION NO. 47-07
ACCEPTING THE ALTA VISTA – CARLOTTA STREETS RECONSTRUCTION PROJECT
Whereas, the contract for the Alta Vista – Carlotta Streets 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 from the Street
Construction Fund, Watermain Replacement Fund, Street Program Sanitary Sewer
Improvements, Alta Vista Storm Sewer Reconstruction Fund, and the Fiber Optic Conduit –
Paving Projects Fund appropriation for the contract amount of $802,249.02 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.
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Passed, approved and adopted this 5 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 48-07
FINAL ESTIMATE
Whereas, the construction contract for the Alta Vista - Carlotta Streets Reconstruction Project
has been completed and the City Engineer has submitted his final estimate showing the cost
thereof including the final cost 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 $898,468.89 and the
said amount shall be paid from the Street Construction Fund, Watermain Replacement Fund,
Street Program Sanitary Sewer Improvements, Alta Vista Storm Sewer Reconstruction Fund,
and the Fiber Optic Conduit – Paving Projects Fund of the City of Dubuque, Iowa.
Section 2. That $159,194.26 of the cost thereof shall be assessable upon improved
residential properties and that $403,672.19 shall be paid from the Street Construction Fund,
$95,482.88 shall be paid from the Watermain Replacement Fund, $82,144.07 shall be paid
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from the Street Program Sanitary Sewer Improvements Fund, $110,000.00 shall be paid from
the Alta Vista Storm Sewer Reconstruction Fund, and $47,975.49 shall be paid from the Fiber
Optic Conduit - Paving Project Fund.
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Passed, approved and adopted this 5 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 49-07
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE ALTA VISTA - CARLOTTA
STREETS 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 Final Schedule of Assessments as shown on the attached
sheet(s), Page 1 to Page 2 inclusive, is hereby determined to be the Final Schedule of
Assessments to be made for the construction of the Alta Vista - Carlotta Streets
Reconstruction Project under contract with Portzen Construction, Inc. of Dubuque, Iowa, and
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which the Final Schedule of Assessments were filed in the office of the City Clerk on the 5
day of February, 2007, the said Final 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 benefited properties, the respective sums indicated. Provided, further, that the amounts
shown in said Final Schedule of Assessments as deficiencies are found to be proper and
levied conditionally against the respective properties benefited by the improvements as shown
in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said
assessments against said lots are hereby declared to be in proportion to the special benefits
conferred and not in excess of twenty-five percent of the value of same.
That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer
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.
Those assessments may be paid in full or in part without interest at the office of the City
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Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the
date of the first publication of this notice of the filing of the Final Schedule of Assessments with
the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in
10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720
Central Avenue, Dubuque, Iowa, and will draw annual interest at nine (9) percent
(commencing on the date of acceptance of the work) computed to December 1 next following
the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa.
Each installment will be delinquent from October 1 following its due date on July 1 of each
year. Property owners may elect to pay any annual installments semiannually in advance.
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Passed, approved and adopted this 5 day of February, 2007.
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Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Bonson Road Reconstruction Project: City Manager recommending acceptance of the
Bonson Road Reconstruction Project as completed by Horsfield Construction, Inc., in the final
contract amount of $542,647.00 and approval of the final schedule of assessments, upon
motion received and filed. Michalski moved to adopt Resolution No. 50-07 Accepting the
Bonson Road Reconstruction Project, Resolution No. 51-07 Approving final estimate, and
Resolution No. 52-07 Adopting the final assessment schedule for the Bonson Road
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. Seconded by Connors. Motion carried
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7-0. A Schedule of Assessments is on file in the Office of the City Clerk, City Hall., 50 W. 13
Street.
RESOLUTION NO. 50-07
ACCEPTING THE BONSON ROAD RECONSTRUCTION PROJECT
Whereas, the contract for the Bonson Road 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 from the Street
Construction Fund, Watermain Replacement Fund, Street Program Related Sanitary Sewer
Improvements, and the Fiber Optic Conduit - Private Subdivisions & Misc. Projects Fund
appropriation for the contract amount of $542,647.00 less any retained percentage provided
for therein as provided in Iowa Code chapter 573, and to pay such retainage only in
accordance with the provisions of Iowa Code chapter 573.
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Passed, approved and adopted this 5 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 51-07
FINAL ESTIMATE
Whereas, the construction contract for the Bonson Road Reconstruction Project has been
completed and the City Engineer has submitted his final estimate showing the cost thereof
including the final cost 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 $614,132.88 and the
said amount shall be paid from the Street Construction Fund, Watermain Replacement Fund,
Street Program Related Sanitary Sewer Improvements, and the Fiber Optic Conduit - Private
Subdivisions & Misc. Projects Fund of the City of Dubuque, Iowa.
Section 2. That $80,934.03 of the cost thereof shall be assessable upon improved residential
and commercial properties and that $393,250.94 shall be paid from the Street Construction
Fund, $80,403.91 shall be paid from the Watermain Replacement Fund, $5,373.48 shall be
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paid from the Street Program Related Sanitary Sewer Improvements Fund, and $54,170.52
shall be paid from the Fiber Optic Conduit - Private Subdivisions & Misc. Projects Fund.
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Passed, approved and adopted this 5 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 52-07
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE BONSON ROAD
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 Final Schedule of Assessments as shown on the attached
sheet(s), Page 1 to Page 1 inclusive, is hereby determined to be the Final Schedule of
Assessments to be made for the construction of the Bonson Road Reconstruction Project
under contract with Horsfield Construction, Inc. of Epworth, Iowa, and which the Final
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Schedule of Assessments were filed in the office of the City Clerk on the 5 day of February,
2007, the said Final 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 benefited properties, the respective sums indicated. Provided, further, that the amounts
shown in said Final Schedule of Assessments as deficiencies are found to be proper and
levied conditionally against the respective properties benefited by the improvements as shown
in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said
assessments against said lots are hereby declared to be in proportion to the special benefits
conferred and not in excess of twenty-five percent of the value of same.
That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer
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.
Those assessments may be paid in full or in part without interest at the office of the City
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Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the
date of the first publication of this notice of the filing of the Final Schedule of Assessments with
the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in
10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720
Central Avenue, Dubuque, Iowa, and will draw annual interest at nine (9) percent
(commencing on the date of acceptance of the work) computed to December 1 next following
the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa.
Each installment will be delinquent from October 1 following its due date on July 1 of each
year. Property owners may elect to pay any annual installments semiannually in advance.
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Passed, approved and adopted this 5 day of February, 2007.
Roy D. Buol, Mayor
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Attest: Jeanne F. Schneider, CMC, City Clerk
GPS Rover Vehicle Purchase: City Manager recommending approval to purchase a
Geographic Position System (GPS) Rover from Eagle Point, Inc. in the amount of $19,920,
upon motion received, filed, and approved.
Seneca Monitoring Well Installation: City Manager recommending approval of a License
Agreement with Seneca Environmental Services to re-install a monitoring well in the City alley
right-of-way east of 500 Locust Street, upon motion received and filed. Michalski moved to
adopt Resolution No. 53-07 Authorizing License Agreement between the City of Dubuque and
Seneca Environmental Services. Seconded by Connors. Motion carried 7-0
RESOLUTION NO. 53-07
AUTHORIZING LICENSE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND
SENECA ENVIRONMENTAL SERVICES TO RE-INSTALL MONITORING WELL ON PUBLIC
RIGHT-OF-WAY IN THE AREA OF 500 LOCUST STREET
Whereas, Seneca Environmental Services, on behalf of Dave’s Downtown Conoco & Service
Center, has requested permission from the City of Dubuque to re-install a monitoring well on
City right-of-way at 500 Locust Street in Dubuque, Iowa, for the purpose of continuing the
process of sampling and analysis of the LUST#8LTY15 site, all in cooperation with the Iowa
Department of Natural Resources and Iowa LUST Fund; and,
Whereas, the License Agreement for Site Assessment has been prepared outlining the
responsibilities of Seneca Environmental Services in the re-installation of the monitoring well to
a depth of 50 feet on public right-of-way; and,
Whereas, the performance of the activities of Seneca Environmental Services will be at no
cost or expense to the City, and all work will be performed by the Licensee, or its employees,
agents or subcontractors; and,
Whereas, it is the desire of the City Council to enter into said License Agreement for the re-
installation of a monitoring well in the public right-of-way as requested.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The License Agreement for Site Assessment be and the same is hereby
approved.
Section 2. That the Mayor be and is hereby authorized to execute said License Agreement
for and on behalf of the City Council.
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Passed, adopted and approved this 5 day of February 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Amendment to First Transit Contract: Communication from Dave Baker requesting that this
item be tabled at the February 5, 2007, City Council meeting. City Manager recommending
approval of an amendment to the contract with First Transit to expand their team in Dubuque
from one to two positions to fill the vacant Transportation Clerk position, upon motion received,
filed and tabled until February 20, 2007.
Lease Amendment for “Dubuque by Carriage”: City Manager recommending approval of the
Sixth Amendment to the lease agreement with Carole Lindstrom of “Dubuque by Carriage” to
extend the original lease of the former Dock Board building for an additional two years, upon
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motion received, filed, and approved.
Cottingham and Butler CEBA Agreement: City Manager recommending approval of an
amendment to the Community Economic Betterment Account (CEBA) Agreement with the Iowa
Department of Economic Development and Cottingham and Butler Insurance Service which
extends the project completion date by one year, upon motion received and filed. Michalski
moved to adopt Resolution No. 54-07 Authorizing the approval of an amendment to the CEBA
Agreement with Cottingham & Butler Insurance Service. Seconded by Connors. Motion carried
7-0.
RESOLUTION NO. 54-07
AUTHORIZING THE APPROVAL OF AN AMENDMENT TO THE CEBA AGREEMENT
WITH COTTINGHAM & BUTLER INSURANCE SERVICE.
Whereas, the Iowa Department of Economic Development's Community Economic
Betterment Account (CEBA) was designed to assist in the economic development efforts of
local jurisdictions; and
Whereas, The Department of Economic Development approved Agreement Number 01-
CEBA-45 with the City of Dubuque and Cottingham & Butler on April 19, 2001 for the
expenditure of Community Economic Betterment funds; and
Whereas, Cottingham & Butler desire to amend the agreement and have requested to
extend the project by one year by amending the project completion date to June 30, 2005.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the amendment to extend the project by one year by amending the project
completion date to June 30, 2005 for the Community Economic Betterment Account program
on behalf of Cottingham & Butler, Inc. is hereby approved.
Section 2. That the Mayor is hereby authorized to execute the amendment and the City
Manager is hereby directed to submit said amendment to the Iowa Department of Economic
Development together with such documents as may be required.
Passed, approved, and adopted this 5th day of February 2007.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, City Clerk
Unified Development Code Bluffland Advisory Committee: City Manager recommending City
Council confirmation of the addition of Jim Gonyier, Co-Director of Transportation and Planning
at ECIA (East Central Intergovernmental Association) to the Unified Development Code
Bluffland Advisory Committee, upon motion received, filed, and approved.
Shot Tower Archeological Survey: City Manager recommending approval of a Memorandum
of Agreement (MOA) between the National Parks Service (NPS), State Historical Society of
Iowa (SHSI), and the City of Dubuque for the Shot Tower Archeological Investigation, upon
motion received and filed. Michalski moved to adopt Resolution No. 55-07 Authorizing a
Memorandum of Agreement with the National Park Service and the State Historical Society of
Iowa for the Shot Tower Archeological Investigation. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 55-07
AUTHORIZING A MEMORANDUM OF AGREEMENT WITH THE NATIONAL PARK
SERVICE AND THE STATE HISTORICAL SOCIETY OF IOWA FOR THE SHOT TOWER
ARCHEOLOGICAL INVESTIGATION
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Whereas, the National Park Service (NPS) has awarded the City of Dubuque a $295,000
Save America’s Treasures (SAT) grant for rehabilitation and interpretation of the Shot Tower,
and as part of the SAT grant agreement the City is required to conduct an archeological
investigation of the historic Shot Tower; and
Whereas, the State Historical Society of Iowa (SHSI) has awarded a $15,500 Historic
Resource Development Program (HRDP) grant to the City of Dubuque for an archeological
investigation of the Shot Tower; and
Whereas, the City of Dubuque, NPS, and SHSI have determined that in the event that the
archeological resources are discovered during construction activities as part of the
rehabilitation and interpretation of the Shot Tower, a Memorandum of Agreement between the
City, NPS and SHSI for the Shot Tower archeological investigation should be executed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Memorandum of Agreement between the City, NPS and SHSI for the
Shot Tower archeological investigation is hereby approved.
Section 2. That the Mayor is hereby authorized to sign and submit the MOA on behalf of the
City of Dubuque.
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Passed, approved and adopted this 5 day of February 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Historic Preservation Commission: Communication from the Historic Preservation
Commission recommending approval of the nomination of the Star Brewery to the National
Register of Historic Places, upon motion received, filed, and approved.
Legislative Correspondence: Communication to federal legislators urging support efforts to
fund an increase in Health Center funds of at least $181 million; communication to the Science
and Transportation Committee expressing the City’s concern over an FCC rule, which sets
severe limitations on local franchising authorities; and communication to local legislators
regarding Iowa Great Places funding, upon motion received and filed.
White Water Creek Bridge Rehabilitation: City Manager recommending approval of an
agreement with the State Historical Society of Iowa (SHSI) for a $55,250 Historic Sites
Preservation Grant (HSPG) for rehabilitation of the White Water Creek Bridge, upon motion
received and filed. Michalski moved to adopt Resolution No. 56-07 Authorizingan agreement
for the Historic Sites Preservation Grant Program for the White Water Creek Bridge. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 56-07
AUTHORIZING AN AGREEMENT FOR THE HISTORIC SITES PRESERVATION GRANT
PROGRAM FOR THE WHITE WATER CREEK BRIDGE
Whereas, the State Historical Society of Iowa has awarded a Historic Sites Preservation
Grant for the rehabilitation of the White Water Creek Bridge, a historically and architecturally
significant structure; and
Whereas, the City of Dubuque has budgeted the required local match for rehabilitation of the
White Water Creek Bridge.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the agreement with the State Historical Society of Iowa for funds from the
Historic Sites Preservation Grant Program to rehabilitate the White Water Creek Bridge is
hereby approved.
Section 2. That the Mayor is hereby authorized to sign the agreement for Historic Sites
Preservation Grant Program funds for this project.
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Passed, approved and adopted this 5 day of February 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Water Pollution Control Plant Facility Plan: City Manager recommending approval of the
issuance of a Request for Proposals for the Water Pollution Control Plant Facility Plan, upon
motion received, filed, and approved.
PEG Access Capital Grant Expenditure: City Manager recommending approval of the
recommendation from the Cable TV Teleprogramming Commission to approve three requests
for funding from the Capital Grant for Access Equipment and Facilities, upon motion received,
filed, and approved.
Quarterly Investment Report: City Manager submitting the December 31, 2006, Quarterly
Investment Report, upon motion received and filed.
Substance Abuse Services Center: Diane K. Thomas, Executive Director of Substance Abuse
Services Center, submitting the Second Quarter Report for Fiscal Year 2007, upon motion
received and filed.
Mediacom Cultural Affairs Charitable Foundation of Dubuque, Inc.: Communication from
Kathleen McMullen, Mediacom Area Manager, requesting appointments to the Mediacom
Cultural Affairs Charitable Foundation of Dubuque, Inc., upon motion received, filed, and
referred to City Manager.
Miller-Riverview Park Expansion: City Manager recommending approval to enter into a
service agreement with IIW Engineers and Surveyors in the amount of $41,007.50 to study
expansion of Miller-Riverview Park, upon motion received, filed, and approved.
Governor’s Traffic Safety Grant: City Manager recommending approval to seek an Iowa
Governor's Traffic Safety special grant opportunity in the amount of $24,430, for the period
April 1, 2007 through September 30, 2007, to supply 200 hours of traffic safety reimbursement
overtime funds and to fund the purchase of five in-car video systems, upon motion received,
filed, and approved.
Asbury Plaza Business Park First Addition: Communication from Wendell W. Corey, Motor
City LLC, requesting a one hundred eighty day (180) extension for the Asbury Plaza Business
Park First Addition, upon motion received, filed, and referred to City Manager.
Telecommunications Carrier Recommendation: City Manager recommending approval of the
selection of Qwest Choice for analog connections, McLeod for PRI and long distance services,
and Lightedge for internet services, upon motion received, filed, and approved.
Historic Preservation Revolving Loan Fund: City Manager recommending approval of the
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expansion of the Historic Preservation Revolving Loan Fund to the Old Main Historic District
and to individually designated historic properties that lie outside the City’s historic districts; and
communication from Terry L. Mozena, Premier Bank, requesting that the City Council approval
the expansion of the Historic Preservation Revolving Loan Fund to include the Old Main
Historic District, upon motion received, filed, and approved.
Labor-Management Relations Funding: Communication to Governor Chet Culver requesting
his support to reinstate efforts to bring about labor-management cooperation throughout the
State of Iowa, upon motion received and filed.
Signed Contracts: #1 - Eagle Point Concrete Replacement Project – Change Order; #2 - Door
Relocation Project – Second Floor Engineering Offices Contract; #3 - Dubuque Federal
Building Rehabilitation Project – Asbestos and Lead Inspection Contract; #4 - Water Treatment
Plant South Plant Chamber Wall Sealant Project; #5 - Water Treatment Plant Pump Room
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Pipe Painting Project; #6 - Dubuque Industrial Center West 3 Addition – Sanitary Sewer
Construction across Middle Road Contract, upon motion received and filed.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted, upon motion received and filed. Michalski moved to adopt Resolution No. 57-07
Granting the issuance of a Class “C” Beer Permit to Oky Doky #8, Lee’s 76 West Locust Mart,
Awn Stop Mart and Hartig Drug and Resolution No. 58-07 Granting the issuance of a Class “C”
Beer/Liquor License to Tony’s Place, Bootleggers Pub, Goetz’s, and Pusateri’s; and a Class
“B” Wine Permit to Hartig Drug Company and Oky Doky #8. Seconded by Connors. Motion
carried 7-0.
RESOLUTION NO. 57-07
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 “C” BEER PERMIT: Hill Street Plaza, Inc., Oky Doky #8+(Sunday Sale) 535 Hill St.;
Lee Potter, Lee’s 76 & West Locust Mart+(Sunday Sale), 408 W. Locust. St.; Awn Stop Mart,
Inc., Awn Stop Mart+(Sunday Sale) 1998 Jackson St.; Hartig Drug Company, Hartig
Drug+(Sunday Sale), 2225 Central Ave.
Passed, approved and adopted this 5th day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 58-07
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.
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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:
Charles Steffen, Tony’s Place+(Sunday Sale), 1701 Central Ave.; Bootleggers Pub, Inc.,
Bootleggers Pub+(Sunday Sale), 1689 Central Ave.;James Goetzinger, Goetz’s+(Sunday
Sale), 2776 Jackson St.;Pusateri Enterprises Inc., Pusateri+(Sunday Sale) 2400 Central Ave.
CLASS “B” WINE: Hartig Drug Company, Hartig Drug Company, 2225 Central Ave.; Hill Street
Plaza, Inc., Oky Doky # 8, 535 Hill St.
Passed, approved and adopted this 5th day of February 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Union Street – Request to Vacate: City Manager recommending that a public hearing be set
for February 20, 2007 to consider a request from David L. Clemens, representing Robert
McClain, to vacate and purchase a portion of Union Street south of Rush Street, upon motion
received and filed. Lynch moved to adopt Resolution No. 59-07 Intent to vacate and dispose of
City interest in Lot 209A of Union Addition in the City of Dubuque, Dubuque County, Iowa, and
providing for the publication of notice thereof and set public hearing for February 20, 2007, 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 Braig. Motion carried 7-0.
RESOLUTION NO. 59-07
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 209A
OF UNION ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Robert H. McClain, Jr. and Karen A. McClain have requested the vacating and
disposal of a portion of Union Street south of Rush Street; and
Whereas, Buesing & Associates, Inc. has prepared and submitted to the City Council a plat
showing the vacated portion of Union Street south of Rush Street and assigned lot number
thereto, which hereinafter shall be known and described as Lot 209A of Union Addition 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 209A
of Union Addition in the City of Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot 209A of Union Addition in the City of Dubuque,
Dubuque County, Iowa, to Robert H. McClain, Jr. and Karen A. McClain be contingent upon
the payment of surveying, platting, publication, and filing fees.
Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of
intent to vacate and dispose of said real estate to be published in the manner as prescribed by
law.
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Passed, approved and adopted this 5 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Eagle Point Park Fee Collector’s Building: City Manager recommending initiation of the public
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bidding process for the Eagle Point Park Fee Collector’s Building Project and that a public
hearing on adoption of the plans and specifications be set for March 19, 2007, upon motion
received and filed. Lynch moved to adopt Resolution No. 60-07 Preliminary approval of plans
and specifications, Resolution No. 61-07 Setting date of hearing on plans and specifications,
and Resolution No. 62-07 Ordering bids and providing for the publication of notice thereof and
set public hearing for 3/19/07 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 Braig. Motion carried 7-0.
RESOLUTION NO. 60-07
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 Eagle
Point Park Fee Collector’s Building Project, in the estimated amount of $158,000, are hereby
approved and ordered filed in the office of the City Clerk, for public inspection.
Passed, approved and adopted this 5th day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 61-07
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 Eagle Point Park Fee Collector’s Building
Project.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that on the 19th day of March, 2007, a public hearing will be held at 6:30
p.m. in the Public Library Auditorium, at which time interested persons may appear and be
heard for or against the proposed plans and specifications, form of contract and cost of said
improvement, and the City Clerk be and is hereby directed to cause a notice of time and place
of such hearing to be published in a newspaper having general circulation in the City of
Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior
to the day fixed for its consideration. At the hearing, any interested person may appear and file
objections to the proposed plans, specifications, contract, or estimated cost of the
improvement.
Passed, approved and adopted this 5th day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 62-07
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Eagle
Point Park Fee Collector’s Building 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
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the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-
five days prior to the receipt of said bids at 2:00 p.m. on the 8th day of March, 2007. Bids shall
be opened and read by the City Clerk at said time and will be submitted to the Council for final
action at 6:30 p.m. on the 19th day of March, 2007.
Passed, approved and adopted this 5th day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the Council regarding their desire to serve on the following
Boards/Commissions: Community Development Advisory Commission (Two At-Large terms –
terms of Giesen, Maloy; one Housing Commission Representative term – vacant and one
Low/Moderate Income term all through February 2010). Applicant Paula Maloy, SVM.
Plumbing Board (Three 3-year terms through November 2009 – terms of Harris, Papin, one
vacancy; two 3-year terms through November 2008 – terms of Gonner, Willenborg).
Applicants: Michael Swift, Dan Harris, Harlan Willenborg, Paul Papin, Stanley Gonner. Michael
Swift spoke. Electrical Code Board (One 3-year term through May 2008 – term of Pregler).
Applicant: Ronald Mueller.
Appointments were made to the following Boards/Commissions: Environmental Stewardship
Advisory Commission (One 3-year term through October 1, 2010 – term of Suarez). Upon
motion applicant Joseph Suarez was appointed to one 3-year term expiring 10/1/10. Housing
Code Appeals Board (Two 3-year terms through January 11, 2009 – terms of Durley and Swift
and three 3-year terms through January 11, 2010 – terms of Schaub, Kinsella and one
vacancy). Upon motion applicants William J. Kinsella, Jim Matheos, and Robert Schaub were
appointed to 3-year terms through 1/11/10. Transit Board of Trustees (One 3-year unexpired
term through July 30, 2008). Upon motion applicant Sarah Davidson was appointed to a 3-year
term through 7/30/08.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Request to Purchase: Proof of publication on notice of hearing to consider a request from
Jason M. Schneider to vacate and purchase a portion of Kelly Lane between Manson Road
and Pego Court and City Manager recommending approval, upon motion received and filed.
Motion by Lynch to adopt Resolution No. 63-07 Approving plat of proposed vacated portion of
Kelly Lane between Manson Road and Pego Court, Resolution No. 64-07 Vacating a portion of
Kelly Lane between Manson Road and Pego Court, and Resolution No. 65-07 Disposing of
City interest in Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County,
Iowa, subject to receiving waivers of right to purchase from two adjoining property owners.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 63-07
APPROVING PLAT OF PROPOSED VACATED PORTION OF KELLY LANE BETWEEN
MANSON ROAD AND PEGO COURT
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat
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dated the 18 day of December, 2006, prepared by WHKS & Co., describing the proposed
vacated portion of Kelly Lane between Manson Road and Pego Court; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the plat dated the 18 day of December, 2006, prepared by WHKS & Co.,
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 City of Dubuque reserves unto itself a perpetual easement including the right
of ingress and egress thereto, for the purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas,
telephone, television cable, and electric lines as may be authorized by the City of Dubuque,
Iowa, as shown on said plat.
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.
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Passed, approved and adopted this 5 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 64-07
VACATING A PORTION OF KELLY LANE BETWEEN MANSON ROAD AND PEGO COURT
Whereas, Jason M. Schneider, has requested the vacating of a portion of Kelly Lane between
Manson Road and Pego Court; and
Whereas, WHKS & Co. has prepared and submitted to the City Council a plat showing the
vacated portion of Kelly Lane between Manson Road and Pego Court and assigned lot
numbers thereto, which hereinafter shall be known and described as Lot A and Lot B of
Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of
Kelly Lane between Manson Road and Pego Court is no longer required for public use and
vacating of said portion of Kelly Lane between Manson Road and Pego Court, known as Lot A
and Lot B of Mineral Lot 511 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 real estate described as Lot A and Lot B of Mineral Lot 511 in the City of
Dubuque, Dubuque County, Iowa, be and the same is hereby vacated.
Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right
of ingress and egress thereto, for the purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas,
telephone, television cable, and electric lines as may be authorized by the City of Dubuque,
Iowa, as shown in the Plat of Survey of Lot A and Lot B of Mineral Lot 511 in the City of
Dubuque, Dubuque County, Iowa.
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Passed, approved and adopted this 5 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 65-07
DISPOSING OF CITY INTEREST IN LOT A AND LOT B OF MINERAL LOT 511 IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing, published
in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque,
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Iowa on this 26 day of January, 2007, the City Council of the City of Dubuque, Iowa met on
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the 5 day of February, 2007, at 6:30 p.m. in the Public Library Auditorium, 360 West 11
Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate
described as:
Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral
or written to the proposal to sell such real estate, except for easement as noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as Lot A and Lot B of
Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa, to Jason M. Schneider be and
the same is hereby approved for the sum of $300.00, plus the cost of platting, publication, and
filing fees. Conveyance shall be by Quit Claim Deed.
Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right
of ingress and egress thereto, for the purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas,
telephone, television cable, and electric lines as may be authorized by the City of Dubuque,
Iowa, as shown in the Plat of Survey of Lot A and Lot B of Mineral Lot 511 in the City of
Dubuque, Dubuque County, Iowa.
Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to
Jason M. Schneider upon receipt of the purchase price in full.
Section 4. That the City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and
Dubuque County Auditor.
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Passed, approved and adopted this 5 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Washington Neighborhood Urban Revitalization Area Plan: Proof of publication on notice of
hearing to consider adoption of the Washington Neighborhood Urban Revitalization Area Plan
and City Manager recommending approval, upon motion received and filed. Ordinance No. 04-
07 Repealing the existing Washington Neighborhood Urban Revitalization Area and
establishing the Washington Neighborhood Urban Revitalization Area as an Urban
Revitalization Area pursuant to Chapter 404 of the Code of Iowa, presented and read. Connors
moved that the requirement that a proposed Ordinance be considered and voted on for
passage at two Council meetings prior to the meeting at which it is to be finally passed be
suspended. Seconded by Braig. Motion carried 7-0. Connors moved that this be the final
consideration and adoption of the Ordinance. Seconded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 4-07
AN ORDINANCE REPEALING THE EXISTING WASHINGTON STREET URBAN
REVITALIZATION DISTRICT AND ESTABLISHING THE WASHINGTON
NEIGHBORHOOD URBAN REVITALIZATION AREA AS AN URBAN
REVITALIZATION AREA PURSUANT TO CHAPTER 404 OF THE CODE OF IOWA.
Whereas, the City Council of the City of Dubuque has previously established the
Washington Street Urban Revitalization Area by Ordinance 40-81, as amended by Ordinance
5-84; and
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Whereas, the City Council finds that the Washington Street Urban Revitalization Area
should be revised and expanded to include additional areas of the Washington Neighborhood;
and
Whereas, the area proposed for designation under the Urban Revitalization Act is based
upon the need for the encouragement of housing and residential development and the need for
preservation and restoration of buildings due to their age, history, architecture or significance
as defined by Section 403.17 of the Iowa Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Ordinance 40-81 and Ordinance 5-84 establishing and amending the
Washington Street Urban Revitalization Area Plan are hereby repealed.
Section 2. That the Washington Neighborhood Urban Revitalization Area as herein
described shall hereafter be designated an urban revitalization area pursuant to Chapter 404
of the Code of Iowa 2005, to wit:
nd
Beginning at the northeast corner of Kniest Street and 22 Street, continue
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southeast on Kniest Street until 20 Street (Garfield Avenue), turn west until
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Elm Street, turn south on Elm Street until 11 Street, turn west on 11th Street
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until Central Avenue, turn north on Central until 14 Street, at which point turn
nd
west and run north behind the properties facing Central Avenue to 22
nd
Street, then continue east on 22 Street to the starting point, excluding the
Manesseh House Urban Revitalization District at 2080 Elm Street, legally
described as Lot 1of Lot 2 of Lot 1 of Lot 2 of Lot 2 of Lot 3 of Lot 10 and part
of Lot 1 of Lot 1 of Lot 2 of Lot 3 of Lot 10 in Kniest Subdivision, all in the City
of Dubuque, Iowa.
Section 3. That the Washington Neighborhood Urban Revitalization Area Plan as hereto
attached is hereby adopted and approved and the properties within said described area shall
be subject to the provisions of said Plan.
Section 4. That said Washington Neighborhood Urban Revitalization Area Plan shall
hereafter be on file in the City Clerk’s Office, City Hall, Dubuque, Iowa.
Section 5. That the City Clerk is hereby authorized and directed to publish this Ordinance on
or after March 9, 2007, provided that the City Clerk prior to that date has received no valid
petition requesting a second public hearing, and in the event such petition has been received,
then this Ordinance shall be null and void.
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Passed, approved and adopted this 5 day of February, 2007.
/s/Roy D Buol, Mayor
/s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 14 day of March, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
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Eagle Point Rock Bluff Stabilization Project: Communication from Richard Vorwald regarding
the Eagle Point Bluff Scaling and Tree Removal Project. Proof of publication on notice of
hearing regarding the Eagle Point Rock Bluff Stabilization Project and City Manager
recommending rejection of the one bid received, upon motion received and filed. Motion by
Cline to adopt Resolution No. 66-07 Rejecting bids for the Eagle Point Rock Bluff Stabilization
Project. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 66-07
REJECTING BIDS FOR THE EAGLE POINT BLUFF & TREE REMOVAL PROJECT
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Whereas, sealed proposals have been submitted by contractors for the Eagle Point Bluff &
Tree Removal Project (the Project) pursuant to Resolution No. 606-06 and notice to bidders
nd
published in a newspaper published in the City of Dubuque, Iowa on the 22 day of
December, 2006; and
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Whereas, sealed proposals were opened and read on the 16 day of January, 2007; and
Whereas, the City Council has deemed it advisable to reject all bids and to re-bid the Project
at a later date.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the bids for the above Project be rejected and the City Treasurer is
authorized and instructed to return the bid deposits of all bidders.
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Passed, adopted and approved this 5 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Reeder and Lois Street Sanitary Sewer Project: Proof of publication on notice of hearing to
consider adoption of the plans and specifications for the Reeder and Lois Street Sanitary
Sewer Project and City Manager recommending award of the contract to WC Stewart
Construction, Inc., in the amount of $42,602.02, upon motion received and filed. Motion by
Connors to adopt Resolution No. 67-07 Adopting plans and specifications, Resolution No. 68-
07 Awarding construction contract for the Reeder and Lois Street Sanitary Sewer Project, and
Resolution No. 69-07 Approving construction contract with WC Stewart Construction Company
for the Reeder and Lois Street Sanitary Sewer project. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 67-07
RESOLUTION ADOPTING PLANS AND SPECIFICATIONS
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Whereas, on the 27 day of December, 2006, plans, specifications, form of contract and
estimated cost were filed with the City Clerk of Dubuque, Iowa for the Reeder and Lois Street
Sanitary Sewer 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.
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Passed, adopted and approved this 5 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 68-07
AWARDING CONSTRUCTION CONTRACT FOR THE REEDER AND LOIS STREET
SANITARY SEWER PROJECT
Whereas, sealed proposals have been submitted by contractors for the Reeder and Lois
Street Sanitary Sewer Project pursuant to Resolution No. 10-07 and notice to bidders
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published in a newspaper published in the City of Dubuque, Iowa on the 5 day of January,
2007.
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Whereas, said sealed proposals were opened and read on the 25 day of January, 2007, and
it has been determined that the bid of WC Stewart Construction Co. of Dubuque, Iowa, in the
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amount of $42,602.02 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 WC Stewart Construction Co.
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.
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Passed, approved and adopted this 5 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 69-07
APPROVING CONSTRUCTION CONTRACT WITH WC STEWART CONSTRUCTION CO.
FOR THE REEDER AND LOIS STREET SANITARY SEWER PROJECT
Whereas the City Council by Resolution No. 68-07 awarded the construction contract for the
Reeder and Lois Street Sanitary Sewer Project to WC Stewart Construction Co.; and
Whereas WC Stewart Construction Co. has submitted the attached executed contract and
bond.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The contract and bond attached hereto are hereby approved.
2. The City Manager is hereby authorized and directed to execute the contract on behalf of
the City of Dubuque.
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Passed, approved and adopted this 5 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Stone Cliff Winery Project: Request of Bob and Nan Smith, Stone Cliff Winery, to provide a
report on the status of the Stone Cliff Winery project at the Brewery, upon motion received and
filed.
American Institute of Architects: Communication from the American Institute of Architects
advising that the City’s application for technical assistance from the American Institute of
Architects’ Sustainable Design Assessment Team (SDAT) program has been accepted, upon
motion received and filed.
Port of Dubuque Public Parking Facility Development Agreement: City Manager
recommending approval of the development agreement with Diamond Jo, L.L.C. for the
construction and financing of a public parking ramp in the Port of Dubuque, upon motion
received and filed. Motion by Jones to adopt Resolution No. 70-07 Accepting the proposal from
Diamond Jo, L.L.C. for the financing of the design, construction, and the cost of on-going
operations and maintenance of a public parking facility in the Greater Downtown Urban
Renewal District in the Port Of Dubuque in the City of Dubuque, Iowa and approving the Port
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of Dubuque Public Parking Facility Development Agreement between the City of Dubuque,
Iowa and Diamond Jo, L.L.C. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 70-07
ACCEPTING THE PROPOSAL FROM DIAMOND JO, L.L.C. FOR THE FINANCING OF THE
DESIGN, CONSTRUCTION, AND THE COST OF ON-GOING OPERATIONS AND
MAINTENANCE OF A PUBLIC PARKING FACILITY IN THE GREATER DOWNTOWN
URBAN RENEWAL DISTRICT IN THE PORT OF DUBUQUE IN THE CITY OF DUBUQUE,
IOWA AND APPROVING THE PORT OF DUBUQUE PUBLIC PARKING FACILITY
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND
DIAMOND JO, L.L.C.
Whereas, it is determined that the City is interested in providing additional public parking
opportunities in the Port of Dubuque; and
Whereas, there is insufficient property in the Port of Dubuque to provide ample surface
parking; and
Whereas, parking ramps provide the most efficient use of space in the Port of Dubuque; and
Whereas, the Diamond Jo, LLC has submitted a proposal to finance the design, construction,
and on-going operations and maintenance of a public parking ramp in the Port of Dubuque;
and
Whereas, it is the determination of the City Council that approval of the Port of Dubuque
Public Parking Facility Development Agreement Between the City of Dubuque, Iowa and
Diamond Jo, L.L.C. is in the public interest of the citizens of the City of Dubuque, and is
consistent with the City’s Urban Renewal Plan for the Greater Downtown Urban Renewal
District.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Port of Dubuque Public Parking Facility Development Agreement
Between the City of Dubuque, Iowa and Diamond Jo, LLC is in the public interest of the
citizens of the City of Dubuque and in furtherance of the City’s Urban Renewal Plan, and is
hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute said Development
Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to
attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to
implement the terms of the Development Agreement as herein approved.
Passed, approved and adopted this 5th day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Architectural Design Contract for Public Parking Facility in the Port of Dubuque: City Manager
recommending approval of the Architectural Design Contract for the Public Parking Facility in
the Port of Dubuque with The Durrant Group, Inc., upon motion received, filed, and approved.
Five Year Street Construction Program: City Manager recommending approval of the Five
Year (Fiscal Years 2008 – 2012) Street Construction Program, upon motion received and filed.
Motion by Jones to adopt Resolution No. 71-07 Adopting the Five Year Street Construction
Program for Fiscal Years 2008 – 2012. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 71-07
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ADOPTING THE FIVE-YEAR STREET CONSTRUCTION PROGRAM FOR FISCAL YEARS
2008-2012
Whereas, a recommended Five-Year Street Construction Program for the Fiscal Years 2008-
2012 beginning July 1, 2007, and ending June 30, 2012, for the City of Dubuque has been
prepared and submitted to the City Council; and
Whereas, the Five-Year Street Construction Program: 1) describes specific capital
improvement projects; 2) provides estimated costs for those projects; 3) proposes sources of
funding; and 4) schedules the fiscal/calendar year during which each project will be
undertaken; and
Whereas, the capital improvement projects for the first year of such five-year program are
included in the Fiscal Year 2008 budget; and
Whereas, the adoption of the Five-Year Street Construction Program is a prudent measure to
provide continuity of programs and is in the best interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Five-Year Street Construction Program for Fiscal Years 2008-2012
beginning July 1, 2007, set out in the Fiscal Years 2008-2012 recommended Capital
Improvement Budget, is hereby approved and adopted as the proposed allocation of City
resources for capital improvements as scheduled in the years shown, subject to annual review
and revision.
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Passed, approved and adopted this 5 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Request for Reconsideration – Stewart Construction, Inc. / Wayne Briggs Real Estate along
Old Highway Road: Communication from Brian Kane, representing Messrs. Briggs and
Stewart, requesting reconsideration of the rezoning request approved by City Council on
January 16, 2007, for property located at the southwest corner of Seippel Road and Old
Highway Road, upon motion received and filed. Connors moved to reconsider previous vote
from January 16, 2007. Seconded by Jones. Motion carried 7-0. Jones moved to table to
special meeting date to be determined. Seconded by Braig. Motion carried 7-0.
Kane explained that if the motion to reconsider was approved, it was his clients’ intent to
provide topographical maps and drawings, to meet with the neighbors, and to have a special
City Council meeting at the site to explain the project. City Attorney Lindahl advised the
Council that if they were going to be given additional information regarding the rezoning, it was
necessary that this be done in a public meeting.
COUNCIL MEMBER REPORTS
Buol commented on the recent US Conference of Mayors meeting he attended where he
accepted the “Best Community for Young People” award for the City, and he advised that the
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Mayors in attendance approved an action agenda for the 110 Congress, and beyond, as
“Strong Cities, Strong Families…for a Strong America.”
Michalski congratulated the City Manager and staff on the positive outcome regarding the
routing of the DM&E Railroad through the City of Dubuque.
There being no further business, upon motion the meeting was adjourned at 7:47 p.m.
/s/ Jeanne F. Schneider
City Clerk
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