3 19 07 City Council Minutes Official
CITY OF DUBUQUE, IOWA
OFFICIAL COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session on March 19, 2007, at 6:30 p.m. in the
Carnegie-Stout Public Library Auditorium.
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen; City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called for
the purpose of discussing such matters which may properly come before the Council.
Invocation was provided by Victor L. St. George, Pastor of St. Matthew Lutheran Church
CONSENT ITEMS
Motion by Cline to receive and file, adopt resolutions, and refer to staff where
recommended. Request by Braig to hold (#14), Dubuque County Conservation Society, for
separate discussion. Seconded by Lynch. Motion carried 7-0.
Minutes and Reports Submitted: City Conference Board of 2/12; City Council of 2/27, 3/1,
3/5, 3/7 and 3/8; Civil Service Commission of 3/1; Electrical Code Board of 3/8; Environmental
Stewardship Advisory Commission of 2/6 and 3/6; Governing Board of 3/8; Housing
Commission of 2/27; Human Rights Commission of 1/8; Library Board of 1/25; Mechanical
Board of 3/2; Park and Recreation Commission of 2/20; Zoning Advisory Commission of 3/7;
Zoning Board of Adjustment of 2/22, upon motion received and filed.
Proofs of publication of City Council Proceedings of 2/15 and 2/20 and List of Claims and
Summary of Revenues for Month ending January 31, 2007, upon motion received and filed.
Library Board of Trustees Update from meeting of February 22, 2007, upon motion received
and filed.
Notice of Claims/Suits: Amber Thompson, Randy Fortier, and Sheila Finney for vehicle
damage; Melanie C. Flesch for vehicle damage, upon motion received, filed, and referred to
City Attorney.
City Attorney recommending settlement of the claim of Randy Fortier and Sheila Finney for
vehicle damage, upon motion received, filed, and concurred. Finance Department directed to
issue payment.
Acceptance of Public Improvements: City Manager recommending acceptance of the public
improvements recently completed by Kivlahan Farms, LC in Arbor Estates – Phase 1 and
Phase 2. Upon motion received, filed, and Resolution No. 153-07 Accepting improvements in
Arbor Estates – Phase 1 and 2 was adopted.
RESOLUTION NO. 153-07
ACCEPTING IMPROVEMENTS IN ARBOR ESTATES – PHASE I AND 2
Whereas, pursuant to Resolution Nos. 168-02 and 197-04, certain public improvements
including street paving with curb, sanitary sewer main, watermain, storm sewers and catch
basins, boulevard street lighting, and a stormwater detention facility were installed by the
developer of Arbor Estates – Phase I and 2.
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 the City Council 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
DUBQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said public
improvements in Arbor Estates – Phase I and 2 be and the same are hereby accepted.
Section 2. That maintenance of said improvements shall be the responsibility of the
contractor and owner for a period of two (2) years from this date.
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Passed, approved and adopted this 19 day of March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Federal Building Renovation Project – Purchase of Two Air-Handling Units: City Manager
recommending approval of the purchase of two air-handling units for the Federal Building from
the low bidder, Howe Sales Company, in the amount of $75,327.00. Upon motion received,
filed, and Resolution No. 154-07 Approving the purchase of two air-handling units for the
Federal Building Renovation Project was adopted.
RESOLUTION NO. 154-07
APPROVING THE PURCHASE OF TWO AIR-HANDLING UNITS FOR THE FEDERAL
BUILDING RENOVATION PROJECT (CIP 1001841)
Whereas, the City Manager recommends the purchase of two (2) air-handling units from
Howe Sales Company of Des Moines, Iowa, for a purchase price of $75,327.00, for the
Federal Building Renovation Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBQUE, IOWA:
Section 1. That the purchase of two (2) air-handling units from Howe Sales Company of Des
Moines, Iowa, for the purchase price of $75,327.00 is hereby approved.
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Passed, approved and adopted this 19 day of March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Historic Old Main Street Lighting and Sidewalk Replacement Project: City Manager
recommending award of the contract to Portzen Construction, Inc., for the Historic Old Main
Street Lighting and Sidewalk Replacement Project. Upon motion Resolution No. 155-07
Awarding contract to Portzen Construction, Inc., and Resolution No. 156-07 Approving
construction contract were adopted.
RESOLUTION NO. 155-07
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE HISTORIC OLD MAIN
STREET – LIGHTING AND SIDEWALK REPLACEMENT PROJECT
Whereas, sealed proposals have been submitted by contractors for the Historic Old Main
Street – Lighting and Sidewalk Replacement Project (the Project) pursuant to Resolution No.
98-07 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa
on the 23rd day of February, 2007.
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Whereas, said sealed proposals were opened and read on the 15th day of March, 2007 and
it has been determined that Portzen Construction, Inc. of Dubuque, Iowa, with a bid in the
amount of $363,873.15, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Portzen
Construction, Inc. and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
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Passed, approved and adopted this 19 day of March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 156-07
APPROVING THE PUBLIC IMPROVEMENT CONTRACT AND BOND WITH PORTZEN
CONSTRUCTION, INC. FOR THE HISTORIC OLD MAIN STREET – LIGHTING AND
SIDEWALK REPLACEMENT PROJECT
Whereas the City Council by Resolution No. 155-07 awarded Public Improvement Contract
for the Historic Old Main Street - Lighting and Sidewalk Replacement Project to Portzen
Construction, Inc.; and
Whereas Portzen Construction, Inc. has submitted the attached executed Public
Improvement Contract and bond.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The Public Improvement Contract and bond attached hereto are hereby approved.
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Passed, approved and adopted this 19 day of March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Asbury Plaza Sanitary Sewer Force Main and Lift Station Project: City Manager
recommending approval of the use of G.O. Bonds instead of State Revolving Funds for the
Asbury Plaza Sanitary Sewer Force Main and Lift Station Project, upon motion received, filed,
and approved.
Legislative Correspondence: Communication to area legislators urging opposition to House
Study Bill 192 regarding changes to Iowa’s workers’ compensation law. Communication to area
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legislators urging support of Transportation Investment Moves the Economy in the 21 Century
(TIME 21) to increase transportation funding, upon motion received and filed.
Fiscal Year 2007 Vehicle Replacement Purchases: City Manager recommending approval of
the purchase of ten police replacement vehicles: eight marked squad cars, one marked sports
utility vehicle and an unmarked car for the Criminal Investigative Division for a total purchase
price of $218,586, upon motion Resolution No. 157-07 Approving the purchase of ten
replacement Police vehicles was adopted.
RESOLUTION NO. 157-07
APPROVING THE PURCHASE OF 10 REPLACEMENT POLICE VEHICLES
Whereas, the City Manager recommends the purchase of 10 replacement police vehicles,
eight police patrol vehicles, one SUV (Sports Utility Vehicle) police patrol vehicle, and one
Criminal Investigation vehicle. The police patrol vehicles are to be purchased from Mike Finnin
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Ford, for a purchase price of $198,470 and the Criminal Investigation vehicle from Turpin
Dodge for a purchase price of $20,116. The total vehicle replacement cost for all vehicles is
$218,586.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The purchase of 10 replacement police vehicles, being eight police patrol
vehicles, one SUV police patrol vehicle from Mike Finnin Ford for a purchase price of $198,470
and one Criminal investigation vehicle from Turpin Dodge for the purchase price of $20,116,
for a total vehicle replacement cost of $218,586 is hereby approved.
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Passed, approved and adopted this 19 day of March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Engineering Study – Trail Along Catfish Creek: City Manager recommending approval of the
use of $70,800 of funds currently budgeted for development of Westbrook Park to conduct an
engineering study for a trail along Catfish Creek, upon motion received, filed, and approved.
Comprehensive Plan: City Manager submitting background information regarding the City’s
Comprehensive Plan, upon motion received and filed
U.S. Department of Housing and Urban Development: Communication from the U.S.
Department of Housing and Urban Development advising that the City of Dubuque has
received a Green designation for the lead hazard control program. Communication from the
U.S. Department of Housing and Urban Development advising that the Fiscal Year 2007
Community Development Block Grant Program budget has been enacted and signed by the
President, upon motion received and filed.
Sewer Pipeline Inspection Hardware and Software: City Manager recommending approval
of the purchase of Peninsular Technologies sewer pipeline inspection hardware and software
at a price of $17,250, upon motion received, filed and approved.
Hwy 151 & 61 Development, LLC: City Manager recommending approval of a second
amendment to the Development Agreement with Hwy. 151 & 61 Development, LLC extending
the deadline for the parties to reach an agreement on the alternate location for the Bee Branch
sewer, upon motion received, filed, and approved.
Dubuque County Conservation Society: Communication from David W. Leifker, Dubuque
County Conservation Society, to the Dubuque County Board of Supervisors regarding junk
yards located on Highway 52 north of Dubuque was read by Braig. Michalski requested the
City Manager revisit the issue of cooperation with the County, make contact, and meet with the
Board of Supervisors. Motion by Braig to receive, file and send a response letter. Seconded by
Cline. Motion carried 7-0.
Civil Service Commission: Civil Service Commission submitting the certified list for the
position of Sanitation Driver, upon motion received, filed, and made a Matter of Record.
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City of Asbury Voluntary Annexation Applications: Communication from the City of Asbury
providing notification that the City of Asbury has received voluntary annexation applications
from Karen Cogan, Stanley and Lou Ann Kay Ward, Donald and Luella Cogan, and Wayne G.
Siebert and that the City Council will hold a public hearing on the annexation requests on
Tuesday, March 26, 2007 at 7:00 p.m. at the Asbury Fire Station, 5485 Saratoga Road.
Communication from the City of Asbury providing notification that the City of Asbury has
received voluntary annexation applications from Berdina Burdt, Marilyn Mae Koehler, Alma
Brehm, Richard and Elizabeth Robertson, Theodore Buechele, and Theodore and Karen
Buechele and that the City Council will hold a public hearing on the annexation requests on
Tuesday, March 26, 2007 at 7:00 p.m. at the Asbury Fire Station, 5485 Saratoga Road, upon
motion received and filed.
Edward Green Property Agreement: City Manager recommending approval of an agreement
with Edward A. Green documenting a previous agreement between the City and Edward A.
Green dated July 7, 1998. Upon motion received and filed, and Resolution No. 158-07
Approving an agreement with Edward A. Green documenting a previous agreement between
the City and Edward A. Green dated July 7, 1998, was adopted.
RESOLUTION NO. 158-07
RESOLUTION APPROVING AN AGREEMENT WITH EDWARD A. GREEN DOCUMENTING
A PREVIOUS AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND EDWARD A.
GREEN DATED JULY 7, 1998
Whereas, on July 7, 1998, the City of Dubuque, Iowa (the City) and Edward A. Green
entered into a real estate contract for the purchase of certain real estate owned by Mr. Green
for airport runway purposes; and
Whereas, under the real estate contract the City agreed to various terms and conditions
requested by Mr. Green which terms and conditions were to survive the actual transfer of title
to the property being purchased; and
Whereas, Mr. Green now wishes to document those terms and conditions in a form which
can be recorded in the Office of the Dubuque County Recorder and has prepared an
agreement (the Agreement), a copy of which is attached hereto, incorporating those terms and
conditions and is requesting that the City execute the Agreement; and
Whereas, the City is willing to enter into the Agreement as a way to document the terms and
conditions of the real estate contract between the parties in a form which can be recorded; and
Whereas, the City Council of the City of Dubuque has determined that the Agreement
should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The attached agreement between Edward A. Green and the City of
Dubuque, Iowa is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the attached
agreement on behalf of the City of Dubuque.
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Passed, approved and adopted this 19 day of March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Red Cross Emergency Shelter Agreement: City Manager recommending approval of the
Emergency Shelter Agreements with the American Red Cross, upon motion received, filed,
and approved.
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Tobacco Compliance – Civil Penalties for Tobacco Permit Holders: City Manager
recommending acceptance and approval of Acknowledgement/Settlement Agreements of Big
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Ten Mart, 9 Street & Central Avenue; HyVee #2, 2395 Northwest Arterial; Hammerhead Bar &
Billiards, 2095 Kerper Boulevard; Oky Doky, 535 Hill Street; Eagle Country Market, 1800 Elm
Street; and Midway Hotel/Hoffman House, 3100 Dodge Street for their first tobacco compliance
violation, upon motion received, filed, and approved.
Northwest Arterial Hike / Bike Trail – Phase I: City Manager recommending acceptance of
the Northwest Arterial Hike / Bike Trail as completed by Drew Cook and Sons Excavating in the
final contract amount of $344,368.49. Upon motion received and filed, and Resolution No. 159-
07 Accepting the Northwest Arterial Hike / Bike Trail – Phase I and authorizing the payment of
the contract amount to the contractor was adopted.
RESOLUTION NO. 159-07
ACCEPTING THE NORTHWEST ARTERIAL HIKE-BIKE TRAIL – PHASE I AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Northwest Arterial Hike-Bike Trail –
Phase I (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
Public Improvement Contract and that the City Manager recommends that the Project be
accepted; and
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 Finance Director is hereby directed to pay to the Contractor from the
Northwest Arterial Hike-Bike Trail (CIP 1001157) and the Iowa DNR Resource Enhancement
and Protection (REAP) grant appropriations for the contract amount of $344,368.49 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 19 day of March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
John F. Kennedy Road Sidewalks: Communications from Robert Park regarding the issue of
installation of sidewalks on John F. Kennedy Road, upon motion received and filed.
Dubuque Golf and Country Club: Communication from the Dubuque Golf and Country Club
requesting permission to display fireworks on Wednesday, July 4, 2007, with a rain date of
Thursday, July 5, 2007, upon motion received, filed, and approved.
Improvement Contracts / Performance, Payment and Maintenance Bonds for Heron Pond
Tree Removal Project and Reeder and Lois Street Sanitary Sewer Project, upon motion
received and filed.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion received and filed, and Resolution No. 160-07 Granting the
issuance of a Class “B” Beer Permit to Panchero’s Mexican Grill and Class “C” Beer Permit to
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Tobacco World and Resolution No. 161-07 Granting the issuance of a Class “C” Beer/Liquor
License to PJ’s Tap, Ground Round and Salsa’s Mexican Restaurant were adopted.
RESOLUTION NO. 160-07
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 “B” BEER PERMIT
Central Coast Hospitality Panchero’s Mexican Grill+(Sunday/Outdoor Sale) 4840 Asbury
CLASS “C” BEER PERMIT
Iowa Potato & Produce Hse Tobacco World+(Sunday Sale) 3341 Hillcrest
Passed, approved and adopted this 19th day of March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 161-07
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.
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
Lana LuGrain PJ’s Tap+(Sunday Sale) 500 Rhomberg
Jamis LLC Ground Round+(Sunday Sale) 50 JFK Rd
Salsa’s Inc Salsa’s Mexican Rest.+(Sunday Sale) 1091 Main St
Passed, approved and adopted this 19th day of March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive, file, adopt Resolutions, set public hearings as specified, and
direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Braig.
Motion carried 7-0.
Request to Purchase – Portion of Lenox Addition: City Manager recommending that a public
hearing be set for April 2, 2007 to consider a request from Richard Plowman to purchase a
portion of Lots 314 and 315 Lenox Addition. Upon motion received, filed, and Resolution No.
162-07 Resolution of Intent to dispose of City interest in Lot 1 of Lenox Addition No. 3 in the
City of Dubuque, Dubuque County, Iowa was adopted setting the public hearing at a meeting
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to commence at 6:30 p.m. on April 2, 2007, in the public library auditorium.
RESOLUTION NO. 162-07
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 1 OF LENOX
ADDITION NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Richard Plowman has requested the disposal of a portion of Lots 314 and 315 of
Lenox Addition; and
Whereas, William Burger, Land Surveyor, has prepared and submitted to the City Council a
plat showing a portion of Lots 314 and 315 of Lenox Addition and assigned a lot number
thereto, which hereinafter shall be known and described as Lot 1 of Lenox Addition No. 3 in the
City of Dubuque, Dubuque County, Iowa, should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest in Lot 1 of Lenox
Addition No. 3 in the City of Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot 1 of Lenox Addition No. 3 in the City of Dubuque,
Dubuque County, Iowa, to Richard Plowman be contingent upon the payment of $5,000.00,
plus platting, publication, and filing fees.
Section 3. That the City Clerk 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.
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Passed, approved and adopted this 19 day of March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
2030 Future Land Use Map: City Manager recommending that a public hearing be set for
April 2, 2007, to consider adoption of the 2030 Future Land Use Map, upon motion received
and filed setting a public hearing at a meeting to commence at 6:30 p.m. on April 2, 2007, in
the public library auditorium.
Voluntary Annexation Request – Tri-State Development LLC: City Manager recommending
that a public hearing be set for May 7, 2007, regarding a request from Tri-State Development
LLC for voluntary annexation of 1.19 acres of property at 12653 Seippel Road to the City of
Dubuque, in conjunction with rezoning the property to CS Commercial Service and Wholesale
District, upon motion received and filed setting a public hearing at a meeting to commence at
6:30 p.m. on May 7, 2007, in the public library auditorium.
City Hall Parking Lot Construction Project: City Manager recommending initiation of the
public bidding process for the City Hall Parking Lot Construction Project and that a public
hearing on the plans and specifications, form of contract, estimated cost and Resolution of
Necessity be set for April 2, 2007. Upon motion received, filed, and Resolution No. 163-07
Preliminary approval of plans and specifications, form of contract, and estimated cost for the
City Hall Parking Lot Construction Project; Resolution No. 164-07 Setting date of hearing on
plans and specifications, form of contract, and estimated cost for the City Hall Parking Lot
Construction Project; Resolution No. 164A-07 Preliminary Schedule of Assessments,
Resolution No. 165-07 Resolution of Necessity; Resolution No. 166-07 Fixing date of public
hearing on the Resolution of Necessity; and Resolution No. 167-07 Ordering the advertisement
for bids for the City Hall Parking Lot Construction Project were adopted setting a public hearing
at a meeting to commence at 6:30 p.m. on April 2, 2007, in the public library auditorium.
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RESOLUTION NO. 163-07
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE CITY HALL PARKING LOT RECONSTRUCTION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the City Hall
Parking Lot Reconstruction Project, in the estimated amount $838,477.55, are hereby
preliminarily approved and ordered filed in the office of the City Clerk for public inspection.
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Passed, adopted and approved this 19 day of March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 164-07
FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST FOR THE CITY HALL PARKING LOT
RECONSTRUCTION PROJECT
Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval to
the proposed plans, specifications, form of contract, and estimated cost for the City Hall
Parking Lot Reconstruction Project (the Project) and ordered the same to be on file in the
office of the City Clerk for public inspection.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 2nd day of April, 2007, 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 estimated cost of said Project, and
the City Clerk be and is hereby directed to cause the attached notice of the time and place of
such hearing to be published in a newspaper having general circulation in the City of Dubuque,
Iowa, which notice shall be published not less than four days nor more than twenty days prior
to the date of such hearing. At the hearing, any interested person may appear and file
objections to the proposed plans, specifications, form of contract, or estimated cost of the
Project.
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Passed, adopted and approved this 19 day of March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 164A-07
RESOLUTION ADOPTING THE PRELIMINARY SCHEDULE OF ASSESSMENTS
FOR THE CITY HALL PARKING LOT RECONSTRUCTION PROJECT
THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached sheet(s), Pages 1 to Page 1 inclusive, are hereby determined to be the
Preliminary Schedule of Proposed Assessments for the City Hall Parking Lot Reconstruction
Project and the valuations set out herein are hereby approved.
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Passed, approved and adopted this 2 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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CITY HALL PARKING LOT - RECONSTRUCTION PROJECT
PRELIMINARY SCHEDULE OF VALUATION OF ASSESSMENTS
PARCEL TOTAL NET
PROPERTY OWNER NAME LOT DESCRIPTION NUMBER ASSESSMENT
Thompson's Food Markets Inc M 1/5 OF CITY LOT 457 1024417002 $2,001.29
Thompson's Food Markets Inc N 1/2 OF SM 1/5 OF CITY LOT 457 1024417003 $2,001.29
T F M CO S 1/2 OF SM 1/5 CITY LOT 457 1024417004 $0.00
Thompson's Food Markets Inc S 1/5 CITY LOT 457 1024417005 $2,001.30
$6,003.88
RESOLUTION NO. 165-07
RESOLUTION OF NECESSITY FOR THE CITY HALL PARKING LOT RECONSTRUCTION
PROJECT
Whereas, the plat, schedule of assessments, and estimate of total cost for the City Hall
Parking Lot Reconstruction Project have been duly prepared and approved by the City Council
of the City of Dubuque and ordered placed on file in the office of City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Hall Parking Lot Reconstruction Project will provide for the reconstruction of
underground utilities, adjacent sidewalks, perimeter lighting, parking lot sub-base and the
construction of new 7” thick concrete pavement. The project will also provide for the installation
of new perimeter fencing that complements the historical features of City Hall. All existing
overhead electric lines and services will be transferred to underground. The existing generator
and electrical cabinets would be screened with an enclosure that matches the proposed
perimeter fencing.
The project will include utility upgrades and repairs that include:
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The reconstruction of 3 deteriorated brick manholes
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The reconstruction of approximately 520 lineal feet of watermain, mainline valves,
fire hydrants, and the replacement of 3 lead commercial water services. The cost of
the individual lead commercial water service replacements will be assessed to each
respective private property owner.
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The project also provides for the construction of approximately 135 lineal feet of new
storm sewer and 2 catch basins to complement bioswales that are proposed for the
medians.
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The installation of fiber optics and telecommunications conduit infrastructure are
proposed to improve connectivity with City Hall. This will include 485 lineal feet of 4”
conduit with inner ducts and the construction of two fiber optic manholes.
The sidewalks will consist of decorative buff colored sidewalk that follows the downtown
decorative sidewalk standard. Historic pedestrian lights will be installed around the perimeter
of the parking lot. In addition, electrical service pedestals and water hydrants would be placed
around the perimeter of the parking lot.
In addition, substantial landscaping is included with this project that contains various native
plants that will be utilized around the perimeter as well as in bioswales.
An alternate is proposed to use recycled Purington brick pavers for the parking stalls. The
City of Dubuque would provide the pavers for this project. The alternate would be for the
installation of the pavers and the materials to construct the necessary pervious base for the
pavers.
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There is on file in the office of the City Clerk an estimated total cost of the work, and a
preliminary plat and schedule showing the amount proposed to be assessed to each lot for the
improvement.
The date, time, and place the council will hear property owners subject to the assessment
and interested parties for or against the improvement, its cost, the assessment, or the
boundaries of the district:
That the City Council deems it advisable and necessary for the public welfare to make the
herein mentioned improvements.
Unless a property owner files objections with the City Clerk at the time of hearing on the
resolution of necessity, the property owner is deemed to have waived all objections pertaining
to the regularity of the proceeding and the legality of using the special assessment procedure.
Said improvements shall be constructed in accordance with the plans and specifications
which have been approved by the City Council and are now on file in the Office of the City
Clerk. The cost of making such improvement will be assessed against property lying with the
assessment limits.
The above resolution was introduced, approved and ordered placed on file with the City
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Clerk this 19 day of March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 166-07
FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval
to the plat, schedule of assessments, and estimated total cost for the City Hall Parking Lot
Reconstruction Project and ordered preliminary schedule of assessments and estimate of total
cost placed on file in the Office of the City Clerk; and
Whereas, the proposed Resolution of Necessity for Project has been introduced and is now
on file in the Office of the City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Council will meet on the 2nd day of April, 2007, at the Public Library Auditorium,
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360 West 11 Street, Dubuque, Iowa, at which time the owners of property subject to
assessment for the proposed improvement or any other person having an interest in the matter
may appear and be heard for or against the making of the improvement, the boundaries of the
district, the cost, the assessment against any lot, or the final adoption of a resolution of
necessity.
A property owner will be deemed to have waived all objections unless at the time of hearing
the property owner has filed objections with the City Clerk.
The City Clerk be and is hereby authorized and directed to cause a notice of the time and
place of such hearing to be published in a newspaper having general circulation in the City of
Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks,
the first publication of which shall be not less than ten days prior to the day fixed for its
consideration. .
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Passed, adopted and approved this 19 day of March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
11
RESOLUTION NO. 167-07
ORDERING THE ADVERTISEMENT FOR BIDS FOR THE CITY HALL PARKING LOT
RECONSTRUCTION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the City Hall Parking Lot Reconstruction Project is hereby ordered to be advertised for
bids for construction.
BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall
be in an amount which shall conform to the provisions of the Notice to Bidders hereby
approved.
That the City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
published more than twenty days but not more than forty-five days before the date for filing
bids at 2:00 p.m. on the 26th day of April, 2007. Bids shall be opened and read by the City
Clerk at said time and will be submitted to the City Council for final action at the public hearing
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at 6:30 p.m. on the 7th day of May, 2007, in the Public Library Auditorium, 360 West 11
Street, Dubuque, Iowa.
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Passed, adopted and approved this 19 day of March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the Council regarding their desire to serve on the
following Boards/Commissions: Mechanical Code Board - Two expired three-year terms
through March 16, 2009 (Terms of Geisler and Willenborg); Three expired three-year terms
through March 26, 2010 (Terms of Bandy, Kelly and Papin). Applicants Chuck Bandy, Michael
Kelly, Paul Papin, Harlan Willenborg did not speak.
Appointments to the following Boards/Commissions: Zoning Board of Adjustment -- One
unexpired 5-year term through March 25, 2012 (Term of Gibbs). Applicant: William Gibbs.
Michalski moved to appoint William Gibbs to one unexpired 5-year term through March 25,
2012. Seconded by Connors. Motion carried 7-0.
TV Cable Regulatory Commission: One expired three-year term through June 30, 2009 –
term of Ellis). Applicant: Charles Ellis. Michalski moved to appoint Charles Ellis to one expired
three-year term through June 30, 2009. Seconded by Connors. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Greg Adams/Stewart Construction, Inc. – Reconsideration (Recessed on March 5, 2007):
Proof of publication on notice of hearing to reconsider the reclassifying of property located at
the southwest corner of Seippel Road and Old Highway Road (Lot 1 of 2 Mason Cate Estates)
from LI Light Industrial District to HI Heavy Industrial District, as requested by Wayne
Briggs/Stewart Construction, Inc., and Zoning Advisory Commission recommending approval,
with conditions. Motion by Connors to reopen discussion from March 5, 2007. Seconded by
12
Lynch. Motion carried 7-0. Brian Kane, 2100 Asbury Road, attorney for Stewart and Briggs,
requested the 20-foot building height condition be amended to 35 feet and further noting strict
environmental standards will be enforced with the addition of landscape berms and screening.
Dawne O’Meara of Alter Scrap said that the company has received additional environmental
certifications. Frank Branigan, Allied, explained that the requested height is required in order
for trucks to empty recycling contents indoors and clarified that they do not process waste. Tim
Hodge, Hodge Transfer, spoke in favor of the proposed Ordinance. Laura Carstens, Planning
Services Manager corrected an error in the original legal description. Citizens Diane Brehm
(12458 Cottingham Road), Gary Johnson (12089 Cottingham), Kevin Kotz (14957 Old
Highway Road), Kelly Allen (15165 Old Highway Road), Joe Vize (12055 Cottingham Road),
Delbert Brimeyer (12713 Sieppel Road), and Devon Welty (16451 Old Highway Road) spoke
in opposition of the Ordinance describing their concerns about increased and dangerous
traffic, runoff, odors and emissions from trucks, additional landscaping needed to
accommodate height modification, degradation of the view and visual attractiveness of the
neighborhood, and the continued attempt to push light industrial zoning into the area over the
years. In rebuttal, Dawn O’Meara said there is sufficient on-site space for the estimated 200
additional truck per day and there would be no backup onto the streets. They also remove
fluids from any stored vehicles outside the building. Michalski said that Old Highway Road is
adequately handling the current 1450 vehicles per day and 200 more is not a significant
increase. She also reiterated that the rezoning has already been approved and that this
hearing was only for the height modification request. Motion by Connors to receive and file the
documents and that the requirement that a proposed ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Jones. Motion carried 7-0. Motion by Connors for final consideration
and adoption of Ordinance No. 12-07 Amending Appendix A (the Zoning Ordinance) of the City
of Dubuque Code of Ordinances by reclassifying property located at the southwest corner of
Seippel Road and Old Highway Road (Lot 1 of 2 Mason Cate Estates) from LI Light Industrial
District to HI Heavy Industrial District, with conditions. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 12-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED NEAR THE SOUTHWEST CORNER OF SEIPPEL ROAD AND OLD
HIGHWAY ROAD FROM LI LIGHT INDUSTRIAL DISTRICT TO HI HEAVY INDUSTRIAL
DISTRICT, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter-described property from LI
Light Industrial District to HI Heavy Industrial District, with conditions, to wit: Lot 1 of 2 Mason
Cate Estates (except the north 200 feet and south 291 feet), 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.
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Passed, approved and adopted this 19 day of March, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of rezoning of
the property described as:
Lot 1 of 2 Mason Cate Estates (except the north 200 feet and south 291 feet),
all in the City of Dubuque, Iowa.
which is the subject of Ordinance No. 12-07, a copy of which is attached hereto and
incorporated herein by reference, the undersigned property owners, agree to the following
conditions, all of which the property owner further agrees are reasonable and are imposed to
satisfy public needs which are caused directly by the rezoning:
A) Conditions: The following conditions shall apply to the subject property:
1) That the allowed uses on the HI Heavy Industrial property be limited to those of
the LI Light Industrial District and junk yards and salvage yards.
2) That the maximum building height on the HI Heavy Industrial property be limited
to thirty-five (35) feet.
3) That hours of operation of a junk or salvage facility be limited to 6 a.m. to 6 p.m.
weekdays, 6 a.m. to noon on Saturday, and closed on Sunday.
4) That an eight (8) foot high chain line fence with slats be constructed on top of a
five (5) foot high berm, fifteen (15) feet wide at the top, located at the top of the
slope on the HI Heavy Industrial property’s south end. In addition, pine trees
must be planted on the south side of the screening fence spaced twenty (20) feet
apart.
5) That uses permitted in the buffer zone (the 291 foot wide area between the south
property line and the south HI Heavy Industrial district boundary line) be limited
to open space if a salvage yard is located on the HI Heavy Industrial property. If
a salvage yard is not located on the HI Heavy Industrial property, the buffer area
can be developed for any of the uses permitted in the LI light Industrial district.
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning
reclassification proceedings to the LI Light Industrial District, which rezoning will include the
removal of the performance standards in Section A above, if the property owner fails to
complete any of the conditions or provisions of this Agreement.
C) Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Zoning Ordinance governing
zoning reclassifications. All such modifications must be approved by the City Council of
Dubuque, Iowa.
D) Recording. A copy of this Agreement shall be recorded with the Dubuque County
Recorder as a permanent record of the conditions accepted as part of this rezoning approval
within thirty (30) days of the adoption of Ordinance No. 12-07.
E) Construction. This Agreement shall be construed and interpreted as though it were part
of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning
Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and
assignees.
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ACCEPTANCE OF ORDINANCE NO. 12-07
I, Wayne C. Stewart, representing Stewart Construction, Inc., LLC, property owner, read the
terms and conditions of the foregoing Ordinance No. 12-07 and being familiar with the
conditions thereof, hereby accept this same and agree to the conditions required therein.
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Dated in Dubuque, Iowa, this 23 day of April, 2007.
/s/ Wayne C. Stewart
ACCEPTANCE OF ORDINANCE NO. 12-07
I, Wayne A. Briggs, representing Industrial 20 Development, LLC, property owner, read the
terms and conditions of the foregoing Ordinance No. 12-07 and being familiar with the
conditions thereof, hereby accept this same and agree to the conditions required therein.
th
Dated in Dubuque, Iowa, this 19 day of April, 2007.
/s/ Wayne A. Briggs
Tri-State Development, LLC: Communication from Brian Lammers, Tri-State Development
Company, requesting that this item be tabled. Proof of publication on notice of hearing to
consider reclassifying property located at the end of Seippel Court from CS Commercial
Service and Wholesale District to LI Light Industrial District as requested by Tri State
Development, LLC, and Zoning Advisory Commission recommending denial. Ordinance
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter property located at the end of Seippel Court from CS Commercial
Service and Wholesale District to LI Light Industrial District. Motion by Michalski to table.
Seconded by Cline. Motion carried 7-0.
2551 Rockdale Road – Request to Rezone: Proof of publication on notice of hearing to
consider reclassifying property located at 2551 Rockdale Road from R-1 Single-Family
Residential District to C-3 General Commercial District as requested by Betty Sweeney and
Zoning Advisory Commission recommending denial. Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter
property located at 2551 Rockdale Road from R-1 Single-Family Residential District to C-3
General Commercial District. Communication from Betty Sweeney withdrawing her request to
rezone. Motion by Michalski to receive, file, and accept withdrawal. Seconded by Connors.
Motion carried 7-0.
Due to a conflict of interest, Mayor Buol excused himself from the proceedings, turning the
meeting over to Mayor Pro Tem Braig.
University of Dubuque ID Institutional District: Proof of publication on notice of public
hearing to consider amending the University of Dubuque ID Institutional District to allow for
construction of the new Chlapaty Recreation and Wellness Center and Zoning Advisory
Commission recommending approval. Motion by Connors to receive and file the documents
and further moved that the requirement that a proposed Ordinance be considered and voted
on for passage at two Council meetings prior to the meeting at which it is to be finally passed
be suspended. Seconded by Jones. Motion carried 6-0. Motion by Connors for final
consideration and adoption of Ordinance 13-07 Amending Appendix A (the Zoning Ordinance)
of the City of Dubuque Code of Ordinances by providing for the approval of an amended
conceptual development plan to allow construction of Chlapaty Recreation and Wellness
Center Building for the University of Dubuque ID Institutional District. Seconded by Lynch.
Motion carried 6-0.
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OFFICIAL PUBLICATION
ORDINANCE NO. 13-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY PROVIDING FOR THE APPROVAL OF AN
AMENDED CONCEPTUAL DEVELOPMENT PLAN TO ALLOW CONSTRUCTION OF
CHLAPATY RECREATION AND WELLNESS CENTER BUILDING FOR THE UNIVERSITY
OF DUBUQUE ID INSTITUTIONAL 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 be amended by providing for the approval of an amended conceptual development
plan for the University of Dubuque ID Institutional District, a copy of which is on file with the
City of Dubuque Planning Services Department, for property legally described to wit: Lots 2-1,
1 & 2 of 1-1-1 and Lot 2-1-1 all in Cain’s Subdivision No. 2 and to the center line of the
adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. Institutional District Regulations.
A. Use Regulations.
The following regulations shall apply to all uses made of land in the
above-described ID Institutional District:
1. Principal permitted uses shall be limited to:
a. Offices for administrative personnel or other institutional
employees and affiliates
b. Churches, libraries, and museums
c. Classrooms, laboratories, lecture halls, and similar places of
institutional assembly
d. Off-street parking and loading
e. Recreational or athletic facilities for the primary use and benefit of
institutional residents or affiliates
f. Single-family, two family or multi-family dwellings for the housing of
institutional residents or affiliates ]
2. Accessory Uses. The following uses shall be permitted as accessory uses
in the above-described ID Institutional District:
a. Located entirely within a principal building, bookstores, or bars
seating not more than seventy-five (75) persons at one time and
located not closer than two hundred feet (200') from the nearest
Residential or Office Residential District.
b. All uses customarily incidental to the principal permitted uses in
conjunction with which such accessory uses operated or
maintained, but not to include commercial use outside the principal
building.
3. No conditional uses shall be allowed.
B. Lot and Bulk Regulations.
Development of land in the ID Institutional District shall be regulated as follows:
The proposed Chlapaty Recreation and Wellness Center shall be constructed in substantial
conformance with the attached conceptual development plan and all final site development
plans are to be approved in accordance with provisions of the ID Institutional District
regulations.
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C. Performance Standards
The development and maintenance of uses in this ID Institutional District shall be
established in conformance with Section 3-5.2 of the Zoning Ordinance and the
following standards:
1. That a storm water detention basin shall be designed and built as part of
the Chlapaty Center project subject to review and approval by the City of
Dubuque Engineering Department. The basin shall be constructed at the
beginning of the project to provide protection to downstream property.
2. That appropriate erosion and sediment control will be installed prior to
commencement of any land disturbing activity related to the Chlapaty
project, including all required state and city permits related to erosion
control.
3. New outdoor lighting shall utilize 72-degree cut-off luminaries, except new
lighting for Chalmers Field.
4. Landscaping shall be provided in compliance with Section 4-5 of the
Zoning Ordinance, and arborvitae shall be planted along the west property
line to provide a buffer to the homes on Princeton Place.
5. All utilities including telephone and cable television shall be installed
underground.
6. Final site development plans shall be submitted in accordance with
Section 4-4 of the Zoning Ordinance.
D. Parking Requirements
The off-street parking requirements for the principal permitted uses for the herein
described ID Institutional District shall be regulated as follows::
1. That one hundred and sixty (160) off-street parking spaces shall be
provided in the new parking lot constructed south of the Chlapaty
Recreation and Wellness Center.
2. Any significant expansion or reduction in the number of off-street parking
spaces must be reviewed by Planning Services staff for compliance with
the adopted Institutional District regulations.
E. Open Space and Recreational Areas
Those areas not designated on the conceptual development plan for
development shall be maintained as open space, as defined by Section 8 of the
Zoning Ordinance by the property owner and/or association.
F. Sign Regulations
The sign regulations shall be the same as that which are allowed in the ID
Institutional District as established in Section 4-3.11 of the Zoning Ordinance.
G. Additional Standards
That all previously approved conceptual development plans are hereby amended
to allow for the attached conceptual development plan.
H. Transfer of Ownership
Transfer of ownership or lease of property in this ID Institutional District shall
include the transfer or lease agreement a provision that the purchaser or lessee
acknowledges awareness of the conditions authorizing the establishment of the
district.
I. Modifications
Any modifications of this Ordinance must be approved by the City Council in
accordance with zoning reclassification proceedings of Section 6 of the Zoning
Ordinance.
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J. Recording
A copy of this ordinance shall be recorded at the expense of the property
owner(s. with the Dubuque County Recorder as a permanent record of
the conditions accepted as part of this reclassification approval within
thirty (30) days of the adoption of this ordinance. This ordinance shall be
binding upon the undersigned and all his/her heirs, successors and
assignees.
Section 3. That the foregoing amendment has heretofore been reviewed by the
Zoning Commission of the City of Dubuque, Iowa.
Section 4. That the foregoing amendment shall take effect upon publication, as
provided by law.
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Passed, approved, and adopted the 19 day of March, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 6 day of April, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 4/6
Mayor Buol returned to the proceedings, taking over the meeting from Mayor Pro Tem
Braig.
Eagle Point Park Fee Collector’s Building Project: Proof of publication on notice of public
hearing to consider adoption of the plans and specifications, form of contract and estimated
cost for the Eagle Point Park Fee Collector’s Building Project and City Manager recommending
award of the contract to Klauer Construction Company in the amount of $229,804. Motion by
Michalski to receive and file the documents and adopt Resolution No. 168-07 Adopting plans
and specifications, form of contract and estimated cost, Resolution No. 169-07 Awarding
contract, and Resolution No. 170-07 Approving construction contract with Klauer Construction
Company for the Eagle Point Park Fee Collector’s Building Project. Seconded by Cline. Motion
carried 7-0.
RESOLUTION NO. 168-07
RESOLUTION ADOPTING PLANS AND SPECIFICATIONS
WHEREAS, on the 5th day of February, 2007, plans, specifications, form of contract and
estimated cost were filed with the City Clerk of Dubuque, Iowa for the Eagle Point Park Fee
Collector’s Building 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 19th day of March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
18
RESOLUTION NO. 169-07
AWARDING CONTRACT
WHEREAS, sealed proposals have been submitted by contractors for the Eagle Point Park
Fee Collector’s Building Project pursuant to Resolution No. 62-07, and notice to bidders
published in a newspaper published in the City of Dubuque, Iowa, on the 9th day of February,
2007.
WHEREAS, said sealed proposals were opened and read on the 8th day of March, 2007,
and it has been determined that the bid of Klauer Construction Company in the amount of
$229,804 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 Klauer Construction 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 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 March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 170-07
APPROVING CONSTRUCTION CONTRACT WITH KLAUER CONSTRUCTION COMPANY
FOR THE EAGLE POINT PARK FEE COLLECTOR’S BUILDING PROJECT
Whereas, the City Council by Resolution No. 169-07 awarded the construction contract for
the Eagle Point Park Fee Collector’s Building Project to Klauer Construction Company; and
Whereas Klauer Construction Company 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 March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Federal Building Rehabilitation Project: Proof of publication on notice of public hearing to
consider adoption of the plans and specifications, form of contract and estimated cost for the
Federal Building Rehabilitation Project and City Manager recommending award of the contract
to Tricon General Construction. Motion by Connors to receive, file, and adopt Resolution No.
171-07 Approval of plans and specifications, form of contract, and estimated cost for the
Federal Building Renovation Project, Resolution No. 172-07 Awarding contract for the Federal
Building Renovation Project to Tricon General Construction, and Resolution No. 173-07
Approving construction contract for the Federal Building Renovation Project with Tricon
General Construction. Seconded by Jones. Motion carried 7-0.
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RESOLUTION NO. 171-07
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND REVISED
ESTIMATED COST FOR THE FEDERAL BUILDING RENOVATION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Federal
Building Renovation Project, in the estimated amount $3,587,000.00, are hereby approved.
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Passed, adopted and approved this 19 day of March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 172-07
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE FEDERAL BUILDING
RENOVATION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Federal Building
Renovation Project (the Project) pursuant to Resolution No. 92-07 and Notice to Bidders
st
published in a newspaper published in the City of Dubuque, Iowa on the 21 day of February,
2007.
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Whereas, said sealed proposals were opened and read on the 14 day of March, 2007 and
it has been determined that Tricon General Construction of Dubuque, Iowa, with a bid in the
amount of $1,685,200.00, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Tricon General
Construction and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
th
Passed, approved and adopted this 19 day of March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 173-07
APPROVING THE PUBLIC IMPROVEMENT CONTRACT AND BOND WITH TRICON
GENERAL CONSTRUCTION FOR THE FEDERAL BUILDING RENOVATION PROJECT
Whereas the City Council by Resolution No. 172-07 awarded Public Improvement Contract
for the Federal Building Renovation Project to Tricon General Construction; and
Whereas Tricon General Construction has submitted the attached executed Public
Improvement Contract and bond.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The Public Improvement Contract and bond attached hereto are hereby approved.
th
Passed, approved and adopted this 19 day of March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
20
ACTION ITEMS
Residential Parking Permit District (First Reading on March 5, 2007): Communication from
John L. Burgart, Superintendent of Schools, to Hempstead neighbors regarding concerns
related to parking on residential streets near the school. Communication from Kim Ruhter
(2065 Admiral St.) regarding the Hempstead parking issue. Superintendent of Schools John
Burgart was invited to speak regarding the school district’s efforts to resolve the issue and
acknowledged no immediate solution. After discussion, Connors moved to receive and file and
further moved that the requirement that a proposed ordinance be considered and voted on for
passage at two Council meeting prior to the meeting at which it is to be finally passed be
suspended. Seconded by Jones. Motion failed 5-2 with Michalski and Cline voting nay. Motion
by Lynch designating this the second reading of the Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa, by adopting a new Section 32-401 providing for the
designation of Phyllrich Drive between Keystone Drive and Keymont Drive as a Residential
Parking Permit District. Seconded by Connors. Motion carried 5-2 with Michalski and Cline
voting nay.
Site Plan – Lake Ridge Drive Zoning Advisory Commission recommending approval of the
site plan for a dental office on Lake Ridge Drive and eliminating the access to Starlight Drive.
Motion by Connors to receive, file and approve. Seconded by Braig. Motion carried 7-0.
Sexual Offender Residency Requirements: City Manager recommending approval of a
resolution in support of repealing Iowa Code §692A.2A relating to the 2000-foot sexual
offender residency restriction and replacing it with child safe zone legislation. Motion by Jones
to adopt Resolution No. 174-07 Urging the repeal of Iowa Code §692A.2A and replacing it with
Child Safe Zone Iowa Legislation. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 174-07
URGING THE REPEAL OF IOWA CODE §692A.2A AND REPLACING IT WITH CHILD
SAFE ZONE IOWA LEGISLATION
Whereas, the Dubuque City Council has considered the issues of the ineffectiveness and
the expenditure of law enforcement resources related to sex offender registry restrictions
resulting from Iowa Code § 692A.2A; and
Whereas, the Iowa League of Cities, the Iowa County Attorney’s Association, Prevent Child
Abuse Iowa, the Iowa Coalition Against Sexual Assault, the Iowa Association of School
Boards, the Iowa State Association of Counties, the Iowa Association of Chiefs of Police and
Peace Officers, the Iowa State Sheriff’s and Deputies’ Association, and not less than seven
other professional Iowa groups and associations support the repeal of Iowa Code § 692A.2A
and the implementation of child safe zones; and
Whereas, the Dubuque City Council desire to express their support for the repeal of Iowa
Code §692A.2A and its replacement with child safe zones.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa General Assembly and the Governor of Iowa should repeal Iowa
Code §692A.2A and replace it with child safe zone legislation.
th
Passed, approved and adopted this 19 day March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
21
Bowling and Beyond Lease Extension: City Attorney providing information regarding the
notice from Bowling and Beyond Dubuque, Inc., to exercise the options to extend their lease
for an additional fifty years. Motion by Cline to receive and file. Seconded by Connors. Motion
carried 7-0.
COUNCIL MEMBER REPORTS
Michalski reported that the St. Patrick’s Day parade conflicted with Mass and a fundraiser
at St. Patrick’s Church adding that the City’s permit process should include contacting
affected businesses.
Mayor Buol will be giving the State of the City address at 7:00 p.m. on March 26, 2007, in
the public library auditorium.
Braig reported that the process by which agencies can apply for a Purchase of Services
contract with the City needs to be defined to give additional agencies the opportunity to apply
for City funds. Council concurred that this topic should be addressed at the next City Council
Strategic Planning session.
PUBLIC INPUT
(None)
There being no further business, upon motion the meeting was adjourned at 8:58 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
22