2 20 07 City Council Minutes Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
City Council Special Session, February 20, 2007.
Council met in Special Session at 5:06 p.m. in the 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 special session of the City Council called for
the purpose of discussing the Municipal Fire and Emergency Service Response and
Deployment Study.
Travis Miller of Matrix Consulting reviewed and offered for discussion the Municipal Fire and
Emergency Service Response and Deployment Study. Matrix Consulting recommends adding
one new fire station near Chavenelle and Radford Roads and relocating Station #5 on
Grandview to the Key West area. Mr. Miller reviewed the proposed timeline, response time,
and the impact of the changes on residents located in the southeast portion of the City.
There being no further business, upon motion the meeting adjourned at 6:29 p.m.
/s/ Jeanne F. Schneider
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
City Council Regular Session, February 20, 2007.
Council met in Regular Session at 6:30 p.m. in the 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 matters which may properly come before the Council.
Invocation was given by Father Gabriel Anderson of St. Columbkille’s Catholic Church.
Proclamations: Professional Social Work Month (March 2007) received by Allison Lemmers,
1820 Glendale Ct.; Richard Kautz Day (February 22, 2007) received by Richard Kautz.
Sandy Reno introduced students from France studying at Divine Word College.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 1/22/07; Arts and Cultural Affairs
Advisory Commission of 11/28/06 and 1/23/07; City Council of 2/5/07; Conference Board of
3/6/06 and 1/18/07; Housing Commission of 1/23/07; Zoning Board of Adjustment of 2/7/07,
upon motion received and filed.
Proof of publication of City Council Proceedings of January 29, 2007, upon motion received
and filed.
Notice of Claims/Suits: Deutsche Bank National Trust Company vs. City of Dubuque, et al,
Nationwide Advantage Mortgage Company vs. City of Dubuque Housing Services Department,
et al; Jerry and Mary Donath for property damage; Evelyn Tharp for vehicle damage; Joyce
Marie Thurston for vehicle damage, upon motion received, filed, and referred to City Attorney.
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: Evelyn Tharp for
vehicle damage and Joyce Marie Thurston for vehicle damage, upon motion received, filed
and concurred.
Historic Preservation Commission: Communication from Robert McCoy submitting his
resignation from the Historic Preservation Commission, upon motion received and filed.
Fifth Street (Alpine to Delhi Streets) Reconstruction Project: City Manager recommending
acceptance of the Fifth Street (Alpine to Delhi Streets) Reconstruction Project as completed by
Portzen Construction, Inc., in the final contract amount of $1,026,674.20 and approval of the
final schedule of assessments. Cline moved to receive, file, and adopt Resolution No. 72-07
Accepting the Fifth Street (Alpine to Delhi Streets) reconstruction project, Resolution No. 73-07
Approving final estimate, and Resolution No. 74-07 Adopting the final assessment schedule for
the Fifth Street (Alpine to Delhi 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.
RESOLUTION NO. 72-07
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ACCEPTING THE 5 STREET RECONSTRUCTION PROJECT – DELHI STREET TO
ALPINE STREET
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Whereas, the contract for the 5 Street Reconstruction Project – Delhi Street to Alpine
Street (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 FY 2007
Street Construction Fund, Watermain Replacement Fund, Street Program Related Sanitary
Sewer Improvements, and the Fiber Optic Conduit – Private Subdivision and Miscellaneous
Projects Fund appropriation for the contract amount of $1,026,674.20 less any retained
percentage provided for therein as provided in Iowa Code chapter 573, and to pay such
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retainage only in accordance with the provisions of Iowa Code chapter 573. The Dubuque
Community School District shall reimburse the City in the amount of $46,775.33 for all costs
associated with the construction of the Lincoln School Pick-Up/Drop-Off Area.
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Passed, approved and adopted this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 73-07
FINAL ESTIMATE
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Whereas, the construction contract for the 5 Street Reconstruction Project – Delhi Street to
Alpine Street 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 $1,137,636.49 and
the said amount shall be paid from the FY 2007 Street Construction Fund, Watermain
Replacement Fund, Street Program Related Sanitary Sewer Improvements, and the Fiber
Optic Conduit – Private Subdivision and Miscellaneous Projects Fund of the City of Dubuque,
Iowa. The Dubuque Community School District shall reimburse the City for all costs associated
with the construction of the Lincoln School Pick-Up/Drop-Off Area.
Section 2. That $165,128.64 of the cost thereof shall be assessable upon improved
residential and commercial properties and that $630,846.61 shall be paid from the FY 2007
Street Construction Fund, $145,714.84 shall be paid from the Watermain Replacement Fund,
$83,154.13 shall be paid from the Street Program Related Sanitary Sewer Improvements, and
$66,016.94 shall be paid from the Fiber Optic Conduit – Private Subdivision and Miscellaneous
Projects Fund. The Dubuque Community School District shall reimburse the City in the amount
of $46,775.33 for all costs associated with the construction of the Lincoln School Pick-
Up/Drop-Off Area.
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Passed, approved and adopted this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 74-07
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A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 5 STREET
RECONSTRUCTION PROJECT – DELHI STREET TO ALPINE STREET 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 3 inclusive, is hereby determined to be the Final Schedule of
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Assessments to be made for the construction of the 5 Street Reconstruction Project – Delhi
Street to Alpine Street under contract with Portzen Construction, Inc. of Dubuque, Iowa, and
which the Final Schedule of Assessments were filed in the office of the City Clerk on the 20th
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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 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Silver Oaks Estates: Communication from the Zoning Advisory Commission to the Dubuque
County Zoning Commission urging them to facilitate Royal Oaks Development in obtaining a
secondary emergency access to Silver Oaks Estates Subdivision. Upon motion received, filed,
and approved.
Citizen Communication: Communication from Karl Stieglitz regarding the City’s snow
removal policies. Upon motion received, filed, and referred to the City Manager.
National Park Service (NPS) Agreement – Preserve America Grant: City Manager
recommending approval of an agreement with the National Park Service (NPS) for a Preserve
America Grant for the Dubuque History Trail, and a subgrantee agreement with the Dubuque
County Historical Society to provide the local match for the grant. Cline moved to receive, file,
and adopt Resolution No. 75-07 Providing for an agreement with the National Park Service for
Preserve America Funds and a Subgrantee Agreement with Dubuque County Historical
Society for Dubuque History Trail. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 75- 07
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RESOLUTION PROVIDING FOR AN AGREEMENT WITH THE NATIONAL PARK SERVICE
FOR PRESERVE AMERICA FUNDS AND A SUBGRANTTEE AGREEMENT WITH
DUBUQUE COUNTY HISTORICAL SOCIETY FOR DUBUQUE HISTORY TRAIL
Whereas, the National Park Service administers Historic Preservation Funds for the
Preserve America program; and
Whereas, the City of Dubuque is a designated Preserve America Community and is eligible
to receive Preserve America funding; and
Whereas, the National Park Service has awarded the City of Dubuque a grant of
$148,500.00 from the Preserve America program for the Dubuque History Trail; and
Whereas, Dubuque County Historical Society will provide the required local match for said
grant.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Preserve America Grant Agreement No. 19-06-PA-2055 with the National
Park Service for the Dubuque History Trail is hereby approved and the Mayor hereby is
authorized to sign said agreement on behalf of the City.
Section 2. That the Subgrantee Agreement with Dubuque County Historical Society to
provide the required local match for the Preserve America Grant Agreement No. 19-06-PA-
2055 for the Dubuque History Trail is hereby approved and the City Manager hereby is
authorized to sign said agreement on behalf of the City.
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Passed, approved and adopted this 20 day of February 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Preserve America Grant Application: City Manager recommending approval of a $150,000
Preserve America grant application for expansion of the Mines of Spain Interpretive Exhibit and
Education Program at the E.B. Lyons Interpretive Center. Cline moved to receive, file, and
adopt Resolution No. 76-07 Providing for an application to the National Park Service for
Preserve America funds for Mines of Spain Interpretive Exhibit and Education Program.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 76- 07
RESOLUTION PROVIDING FOR AN APPLICATION TO THE NATIONAL PARK SERVICE
FOR PRESERVE AMERICA FUNDS FOR MINES OF SPAIN INTERPRETIVE EXHIBIT AND
EDUCATION PROGRAM
Whereas, the National Park Service (NPS) administers the Preserve America program in
order to assist local economies find self-sustaining ways to promote their cultural resources
through heritage tourism while encouraging people to experience and appreciate local historic
resources through education and heritage tourism programs; and
Whereas, the City of Dubuque, Friends of the Mines of Spain, and other partners will
provide the required local match for this application for the Mines of Spain Interpretive Exhibit
and Education Program to the NPS Preserve America program; and
Whereas, the City of Dubuque is a designated Preserve America Community and is eligible
to submit an application for funding and desires to implement a Heritage Tourism Plan; and
Whereas, the City of Dubuque is willing to accept Preserve America funding if awarded and
is committed to the project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the Planning Services Manager hereby is authorized to sign the City of
Dubuque’s application for the Mines of Spain Interpretive Exhibit and Education Program to the
National Park Service Preserve America Funds.
Section 2. That the City of Dubuque agrees to abide by all local, state and federal
requirements applicable to the proposed budget.
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Passed, approved and adopted this 20 day of February 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Financial Advisory Services: City Manager recommending approval of the selection of Public
Financial Management (PFM) to provide financial advisory services to the City of Dubuque in
connection with issuing bonds for future projects and/or bond refundings. Upon motion
received, filed, and approved.
2006 Urban Revitalization Program Applications: City Manager recommending approval of
2006 Urban Revitalization Program applications for residential property tax exemption. Cline
moved to receive, file, and adopt Resolution No. 77-07 Approving residential property tax
exemption applications submitted by property owners in recognized urban revitalization areas
and authorizing the transmittal of the approved applications to the City Assessor. Seconded by
Connors. Motion carried 7-0.
RESOLUTION NO. 77-07
RESOLUTION APPROVING RESIDENTIAL PROPERTY TAX EXEMPTION
APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN
REVITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE
APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR
Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to
exempt property taxes for improvements made to properties in designated revitalization areas;
and
Whereas, the Urban Revitalization Act requires property owners to submit a written
application for exemption by February 1 of the assessment year for which the exemption is first
claimed, and further requires the City Council to approve all applications that meet the
requirements of the adopted Urban Revitalization Plan and forward the approved applications
to the City Assessor for review by March 1 of each year; and
Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban
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Revitalization Areas were established: Washington Street, Jackson Park, West 11 Street,
Upper Main Street, Manasseh House, Langworthy, Cathedral and Old Main; and
Whereas, the City of Dubuque, as of February 1, 2007, received tax exemption applications
from the following property owners in the aforementioned urban revitalization district.
Washington Street Urban Revitalization Area: 1798 Washington – Washington Court LLLP;
1555 White – Steve Cook; 1557 White – Steve Cook; 1499 Elm – Karla Schramm; 1502
Washington- Jason Simon & Carrie Hannon; 1905 Jackson – Winger Construction; 1920
Jackson – Winger Construction; 1710-1718 White – Jason Conrad; 1919 Central – Richard &
Mary Kearney; 1628 Washington – Louise & Patrick Urbain; 1800 Jackson – Joseph
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Bartolotta; 1814 Jackson – Larry Latham; 351 E 15 Street – Skyline Properties; 1876
Washington – Laurie Baie.
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West 11 Street Urban Revitalization Area: 550 Arlington- Robert Johnson Mid America
Holdings; 570 Arlington- Robert Johnson Mid America Holdings; 1300 Walnut – Joyce White;
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1323-1325 Bluff – Susan Kearns &David Luchsinger; 982 Grove Terrace – Gordon & Mary
Jensen.
Cathedral Urban Revitalization Area: 450 Bluff – James Massey & Pamelape Gantz; 605
Bluff – Judge Properties LLC; 743-745 Bluff – Judge Properties LLC;
Langworthy Urban Revitalization Area: 116 Alpine- Ann Murphy
Upper Main Urban Revitalization Area: 1127-1135 Iowa – K&L Leasing
Manasseh House Urban Revitalization Area: 2080 Elm - Michelle Mihalakis
Whereas, the Housing and Community Development Department and Building Services
have reviewed the above-described applications and inspected the properties, and have
determined that the applications and the improvements conform to all requirements of the City
of Dubuque’s Urban Revitalization Plan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the above-described tax exemption applications meet the requirements of
the City of Dubuque’s Urban Revitalization Plan.
Section 2. That the above-described tax exemption applications are hereby approved by the
City Council, subject to the review and approval of the City Assessor.
Section 3. That the City Clerk is hereby authorized and directed to forward the above-
described tax exemption applications to the City Assessor.
Passed, approved and adopted this 20th day of February 2007.
Roy M. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Bunker Hill Golf Course Management Agreement: City Manager recommending approval of
the management agreement with G.M.S., Inc., (George Stephenson) for the Bunker Hill Golf
Course for the period beginning March 1 through November 30, 2007. Upon motion received,
filed, and approved.
Miller-Riverview Park Management Agreement: City Manager recommending approval of
the management agreement with Pat Felderman for Miller-Riverview Park from April 1 through
November 1, 2007. Upon motion received, filed and approved.
Purchase of Replacement Dump Truck #2702: City Manager recommending approval of the
purchase of a replacement dump truck by the Public Works Department. Cline moved to
receive, file, and adopt Resolution No. 78-07 Approving the purchase of a dump truck to
replace #2702. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 78 - 07
RESOLUTION APPROVING THE PURCHASE OF A DUMP TRUCK TO REPLACE #2702
Whereas, the City Manager recommends the purchase of a dump truck from Finnin Ford, for
a purchase price of $36,800.00, to replace #2702.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The purchase of a dump truck from Finnin Ford for a purchase price of
$36,800.00 is hereby approved.
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Passed, approved and adopted this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
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Purchase of Replacement Refuse Collection Vehicle #3406: City Manager recommending
approval of the purchase of a replacement refuse collection vehicle by the Public Works
Department. Cline moved to receive, file, and adopt Resolution No. 79-07 Approving the
purchase of a refuse collection vehicle to replace #3406. Seconded by Connors. Motion
carried 7-0.
RESOLUTION NO. 79-07
RESOLUTION APPROVING THE PURCHASE OF A REFUSE COLLECTION VEHICLE TO
REPLACE #3406
Whereas, the City Manager recommends the purchase of a refuse collection vehicle from
Elliott Equipment, for a purchase price of $59,138.00, to replace #3406.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The purchase of a refuse collection vehicle from Elliott Equipment for a purchase
price of $59,138.00 is hereby approved.
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Passed, approved and adopted this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Iowa Governor’s Traffic Safety Grants: City Manager recommending approval of the
submittal of two Iowa Governor’s Traffic Safety Grant applications. 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 two requests for
funding from the Capital Grant for Access Equipment and Facilities. Upon motion received,
filed and approved.
Aerial Orthophotography Project: City Manager recommending approval of the selection of
Aerial Services, Inc., for completion of the Digital Orthophotography and Data Collection
Project. Upon motion received, filed, and approved.
Dubuque Industrial Center West – Seventh Addition: City Manager recommending approval
of the final plat of Lot 1/Lot 2 of Dubuque Industrial Center West – Seventh Addition. Cline
moved to receive, file, and adopt Resolution No. 80-07 Approving Plat of Survey of Dubuque
Industrial Center West – Seventh Addition. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 80-07
RESOLUTION APPROVING PLAT OF SURVEY DUBUQUE INDUSTRIAL CENTER WEST
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7 ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat
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of Survey Dubuque Industrial Center West 7 Addition in the City of Dubuque, Iowa, dated
February 6, 2007, prepared by IIW Engineers and Surveyors, P.C., describing the property to
be subdivided, a copy of which is attached hereto (the Plat); and
Whereas, the Plat conforms to the laws and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Plat is hereby approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa.
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Section 2. The City Clerk is hereby authorized and directed to file the Plat and a certified
copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa.
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Passed, approved and adopted this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Port of Dubuque – Subdivision of Lot: City Manager recommending approval of the
subdivision of a lot in the Port of Dubuque to accommodate the sale of the former Adams
Company building to Port of Dubuque Adams Development, LLC to provide space for the
Durrant Group. Cline moved to receive, file, and adopt Resolution No. 81-07 Approving Plat of
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Survey of Lot 1 of 2 and Lot 2 of 2 of Adams Company’s 4 Addition in the City of Dubuque,
Iowa; and Resolution No. 82-07 Approving Plat of Survey of Lots 1 and 2 of Adams Company’s
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4 Addition in the City of Dubuque, Iowa. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 81-07
RESOLUTION APPROVING PLAT OF SURVEY OF LOT 1 OF 2 AND LOT 2 OF 2 OF
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ADAMS COMPANY’S 4 ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat
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of Survey of Lot 1 of 2 and Lot 2 of 2 of Adams Company’s 4 Addition in the City of Dubuque,
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Dubuque, County, Iowa, dated the 9 day of February, 2007, prepared by IIW Engineers &
Surveyors, PC, describing the property to be subdivided, a copy of which is attached hereto
(the Plat); and
Whereas, the Plat conforms to the laws and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the Plat dated the 9 day of February, 2007, prepared by IIW Engineers &
Surveyors, PC relative to the real estate herein above described be and the same is hereby
approved, and the Mayor and City Clerk are hereby authorized and directed to execute said
Plat for and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file the Plat and a
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 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 82-07
RESOLUTION APPROVING PLAT OF SURVEY OF LOTS 1 AND 2 OF ADAMS
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COMPANY’S 4 ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat
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of Survey of Lots 1 and 2 of Adams Company’s 4 Addition in the City of Dubuque, Dubuque,
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County, Iowa, dated the 9 day of February, 2007, prepared by IIW Engineers & Surveyors,
PC, describing the property to be subdivided, a copy of which is attached hereto (the Plat); and
Whereas, the Plat conforms to the laws and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the Plat dated the 9 day of February, 2007, prepared by IIW Engineers &
Surveyors, PC, relative to the real estate herein above described be and the same is hereby
approved, and the Mayor and City Clerk are hereby authorized and directed to execute said
Plat for and on behalf of the City of Dubuque, Iowa.
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Section 2. That the City Clerk be and is hereby authorized and directed to file the Plat and a
certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa.
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Passed, approved and adopted this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
University of Iowa College of Public Health: Communication from the University of Iowa
College of Public Health confirming Public Health Specialist Mary Rose Corrigan’s
reappointment to the College of Public Health’s Board of Advisors for a two-year term through
December 2008. Upon motion received and filed.
Visioning Process for Washington Neighborhood – Request for Proposals: City Manager
recommending approval of the issuance of a Request for Proposals (RFP) for professional
consulting services related to the Washington: Revitalize! Initiative. City Manager commented
that the Washington neighborhood residents will be included in the process. Connors moved to
received and file. Seconded by Braig. Motion carried 7-0.
Handan City People’s Government: Communication from Zhao Guoling, Mayor of Handan,
China, welcoming Mayor Roy D. Buol to visit Handan. Upon motion received and filed.
Four Mounds Archeological Survey: City Manager recommending approval of a $8,200
grant agreement with the State Historical Society of Iowa for a Fiscal Year 2007 Certified Local
Government (CLG) grant to conduct the Phase I Four Mounds Archeological Investigation at
the Four Mounds Estate and approval of a subgrantee agreement with the Four Mounds
Foundation. Cline moved to receive, file, and adopt Resolution No. 83-07 Authorizing Grant
Agreement for Archeological Investigation at Four Mounds Estate. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 83-07
RESOLUTION AUTHORIZING GRANT AGREEMENT FOR ARCHEOLOGICAL
INVESTIGATION AT FOUR MOUNDS ESTATE
Whereas, the State Historical Society (SHSI) of Iowa has awarded the City of Dubuque a
Certified Local Government (CLG) Program grant to conduct the Phase I Archeological
Investigation at Four Mounds Estate; and
Whereas, the Four Mounds archeological site and the Four Mounds Estate are listed on the
National Register of Historic Places and designated as a City landmark site; and
Whereas, the City is the sponsor for said Project on behalf of the Four Mounds Foundation,
the subgrantee.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is hereby authorized to sign the grant agreement with the SHSI
for CLG funds to conduct the Phase I Archeological Investigation at Four Mounds Estate.
Section 2. That the Mayor is hereby authorized to sign the subgrantee agreement with Four
Mounds Foundation for said Project
Section 3. That the Planning Services Manager is hereby authorized to administer and
submit requests for reimbursements to the SHSI for said Project.
Section 4. That the City of Dubuque agrees to abide by all local, state and federal
requirements applicable to the proposed project.
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Passed, approved and adopted this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
State Revolving Fund Loan (SRF) for Drinking Water Infrastructure Application: City
Manager recommending approval to apply for State Revolving Loan Funds to fund the Eagle
Point Clear Well Reservoir Rehabilitation Project in place of GO Bond financing. Upon motion
received, filed, and approved.
Lead Hazard Reduction Program: City Manager recommending temporary continuation of
the City’s Lead Program even though the City did not receive a continuation of the Federal
grant supporting this program. The Mayor asked that partnership opportunities be explored
with DuPont. Michalski moved to receive, file, and approve. Seconded by Lynch. Motion
carried 7-0.
Iowa Occupational Safety and Health Administration (IOSHA): City Manager recommending
approval of the Expedited Informal Settlement Agreement with Iowa Occupational Safety and
Health Administration (IOSHA). Upon motion received, filed, and approved.
Homeowner Loan Programs in Washington Neighborhood: City Manager advising of
pending amendments to current Housing Department loan guidelines in order to promote
homeownership in the Washington Neighborhood. Upon motion received and filed.
Signed Contracts: Lease Agreement between the City and Congressman Bruce Braley; Bee
Branch Restoration Project, Phase I Contract; Contract with Arensdorf Construction for 2006 -
2007 Snow Removal. Upon motion received and filed.
Improvement Contracts/Performance, Payment and Maintenance Bonds: Chaplain Schmitt
Memorial Project. Upon motion received and filed.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted and approval of the liquor license request of Gin Rickey’s, 1447 Central Avenue,
for one year annual license versus the six month license previously approved. Lynch
commended Gin Rickey’s on their success. Lynch moved to receive, file, and adopt Resolution
No. 84-07 Granting the issuance of a Class “C” Beer Permit to Molo Oil Company, Dubuque
Discount Gas (4110 Dodge Street) and Dubuque Discount Gas (2175 Central Avenue); and
Resolution No. 85-07 Granting the issuance of a Class “B” Liquor License to BW Midway
Hotel/Hoffman House and Class “C” Beer/Liquor License to Gin Rickey’s, Town Clock Inn,
Dubuque Mining Company, Hammerheads Bar and Billiards, Eagles Club and The Clubhouse.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 84-07
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:
11
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
CLASS “C” BEER PERMIT
Molo Oil Company Big 10 Mart+(Sunday Sale) 2100 JFK Rd
Dubuque Discount Gas Inc. Dubuque Discount Gas+(Sunday Sale) 4110 Dodge St
Dubuque Discount Gas Inc. Dubuque Discount Gas+(Sunday Sale) 2175 Central Av
Passed, approved and adopted this 20th day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 85-07
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 “B” LIQUOR LICENSE
Frontier Dubuque Hotels BW Midway Hotel/Hoffman House+(Sunday/Outdoor Sale) 3100
Dodge
CLASS “C” BEER/LIQUOR LICENSE
HE-FR Ltd Gin Rickey’s+(Sunday Sale) 1447 Central
Town Clock Inn Town Clock Inn 799 Town Clock
The Apartments Dubuque Mining Co+(Sunday/Outdoor Sale) 555 JFK Rd
Hammerheads Inc Hammerheads Bar & Billiards+(Sunday Sale) 2094 Kerper
Order of the Eagles Eagles Club+(Sunday Sale) 1175 Century
Melvin Splegelhalter The Clubhouse +(Sunday Sale) 2364 Washington
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Passed, approved and adopted this 20 day of February 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Loras College – Request to Vacate and Purchase: City Manager recommending that a
public hearing be set for March 5, 2007 to consider a request from Loras College to vacate and
purchase the alleys between Alta Vista Street and North Booth Street from Loras Boulevard to
Vernon Street. Lynch moved to receive, file, and adopt Resolution No. 86-07 Intent to vacate
and dispose of City interest in Lot 30A of Levens’ Addition in the City of Dubuque, Dubuque
County, Iowa, and providing for the publication of notice thereof and set public hearing for
March 5, 2007, at a meeting to commence at 6:30 PM in the public library auditorium and
direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Jones.
Motion carried 7-0.
RESOLUTION NO. 86-07
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 30A
OF LEVENS’ ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
12
Whereas, Loras College has requested the vacating and disposal of the alleys between Alta
Vista Street and North Booth Street from Loras Boulevard to Vernon Street; and
Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a
plat showing the vacated alleys between Alta Vista Street and North Booth Street from Loras
Boulevard to Vernon Street and assigned a lot number thereto, which hereinafter shall be
known and described as Lot 30A of Levens’ 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 30A
of Levens’ Addition in the City of Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot 30A of Levens’ Addition in the City of Dubuque,
Dubuque County, Iowa, to Loras College be contingent upon the payment of $30,112.00, plus
platting, publication, and filing fees.
Section 3. That an ingress and egress easement be reserved to the benefit of the owner of
1084 Vernon Street over and across a portion of the westerly 29 feet as shown on the Plat of
Survey of said Lot 30A.
Section 4. 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.
th
Passed, approved and adopted this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Residential Parking Permit District: City Manager recommending that a public hearing be set
for March 5, 2007 to consider a request to establish a Residential Parking Permit District on
Phyllrich Drive between Keystone Drive and Keymont Drive. Lynch moved to receive, file, and
adopt Resolution No. 87-07 Setting a public hearing on establishing a Residential Parking
Permit District on Phyllrich Drive from Keystone Drive to Keymont Drive, and providing for the
publication of notice thereof and set public hearing for March 5, 2007, at a meeting to
commence at 6:30 PM in the public library auditorium and direct the City Clerk to publish
notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0
RESOLUTION NO. 87-07
RESOLUTION SETTING A PUBLIC HEARING ON ESTABLISHING A RESIDENTIAL
PARKING PERMIT DISTRICT ON PHYLLRICH DRIVE FROM KEYSTONE DRIVE TO
KEYMONT DRIVE
Whereas, the City of Dubuque, pursuant to Section 32-383 of the Code of Ordinances, has
received a petition containing sufficient signatures requesting that an area described as follows
be designated as a Residential Parking Permit District:
Phyllrich Drive, from Keystone Drive to Keymont Drive
Whereas, pursuant to said Section 32-383, the City Manager has caused a parking study of
the area identified above to be undertaken and which study shows at least 80 percent (80%) of
the curbside parking spaces in the proposed parking permit district were utilized during peak
periods, and at least 25 percent (25%) of the curbside parking spaces in the proposed parking
permit were utilized by non-resident parking; and
Whereas, the City Manager, based upon the results of the study, and in accordance with
Section 32-383, recommends that the area be designated as a Residential Parking Permit
13
District and that the City Council set a public hearing on the petition to establish such area as a
Residential Parking Permit District and the hours such parking restrictions are to be in effect.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council finds and determines that a valid petition has been received
for the designation of Phyllrich Drive from Keystone Drive to Keymont Drive, as a Residential
Parking Permit District.
Section 2. That the Residential Parking Permit District hours be effective between the hours
of 7 a.m. and 3 p.m. daily, except Saturdays, Sundays, and holidays.
Section 3. That the City Clerk be authorized and directed to publish a notice of public
hearing on the designation of the above described area as a Residential Parking Permit
District, to be held on March 5, 2007.
th
Passed, approved and adopted this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Finley Home Addition – Request to Purchase: City Manager recommending that a public
hearing be set for March 5, 2007 to consider a request from Dennis Benda, representing The
Finley Hospital, to purchase a portion of Lot 25 of Finley Home Addition. Lynch moved to
receive, file, and adopt Resolution No. 88-07 Intent to vacate and dispose of City interest in Lot
1 of Finley Home Addition No. 2 in the City of Dubuque, Dubuque County, Iowa, and providing
for the publication of notice thereof and set public hearing for March 5, 2007, at a meeting to
commence at 6:30 PM in the public library auditorium and direct the City Clerk to publish
notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 88-07
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 1 OF FINLEY HOME
ADDITION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, The Finley Hospital has requested the disposal of a portion of Lot 25 of Finley
Home Addition; and
Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a
plat showing a portion of Lot 25 of Finley Home Addition and assigned lot number thereto,
which hereinafter shall be known and described as Lot 1 of Finley Home Addition No. 2 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 Finley Home
Addition No. 2 in the City of Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot 1 of Finley Home Addition No. 2 in the City of
Dubuque, Dubuque County, Iowa, to The Finley Hospital be contingent upon the payment of
$19,790.00, plus 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 dispose of said real estate to be published in the manner as prescribed by law.
th
Passed, approved and adopted this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Third Street Water Tower Lease Agreement: City Manager recommending that a public
hearing be set for March 5, 2007 to consider approval of a lease agreement with Iowa
14
Communications and Technology Commission of the State of Iowa (ICN) for the ICN building
beneath the Third Street water tower. Lynch moved to receive, file, and adopt Resolution No.
89-07 Intent to dispose of an interest in real property by lease with the Iowa Communications
and Technology Commission of the State of Iowa, and providing for the publication of notice
thereof and set public hearing for 3/5/07 at a meeting to commence at 6:30 PM in the public
library auditorium and direct the City Clerk to publish notice in the manner prescribed by law.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 89-07
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY
LEASE WITH THE IOWA COMMUNICATIONS AND TECHNOLOGY COMMISSION OF THE
STATE OF IOWA
Whereas, the City of Dubuque, Iowa (City) is the owner of Lot 24 of Finley Addition in the City
of Dubuque, Iowa (the Property); and
Whereas, the Iowa Communications and Technology Commission of the State of Iowa (the
Commission) desires to lease a part of the Property to house and operate equipment that serve
as the operation of a fiber optic and electronic communications system upon the terms set forth
in a Lease now on file in the Office of the City Clerk at City Hall, Dubuque, Iowa, which Lease
provides among other things for a term of five years; and
Whereas, the City Council has tentatively determined that it would be in the best interests of
the City to enter into the Lease with the Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the Property as described in
the Lease between City and the Commission.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's
th
intent to dispose of the Property, to be held on the 5 day of March, 2007, at 6:30 o'clock p.m. at
the public library auditorium, 11th & Locust, Dubuque, Iowa.
th
Passed, approved and adopted this 19 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Federal Building Rehabilitation Project: City Manager recommending initiation of the public
bidding process for the Federal Building Rehabilitation Project and that a public hearing on the
plans and specifications, form of contract and estimated cost be set for March 19, 2007. Lynch
moved to receive, file, and adopt Resolution No. 90-07 Preliminary approval of plans and
specifications, form of contract, and estimated cost for the Federal Building Renovation
Project, Resolution No. 91-07 Setting date of hearing on plans and specifications, form of
contract, and estimated cost for the Federal Building Renovation Project, and Resolution No.
92-07 Ordering the advertisement for bids for the Federal Building Renovation Project and
providing for the publication of notice thereof and set public hearing for March 19, 2007, at a
meeting to commence at 6:30 PM in the public library auditorium and direct the City Clerk to
publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 90-07
15
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
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 of $3,587,000.00, are hereby approved
and ordered filed in the office of the City Clerk for public inspection.
th
Passed, adopted and approved this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 91-07
FIXING DATE OF HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE FEDERAL BUILDING RENOVATION 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 Federal
Building Renovation 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:
th
That a public hearing will be held on the 19 day of March, 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.
th
Passed, adopted and approved this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 92-07
ORDERING THE ADVERTISEMENT FOR BIDS FOR THE FEDERAL BUILDING
RENOVATION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Federal Building Renovation 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 nor more than forty-five days before the date for filing bids at
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2:00 p.m. on the 14 day of March, 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 at 6:30
16
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p.m. on the 19 day of March, 2007, in the Public Library Auditorium, 360 West 11 Street,
Dubuque, Iowa.
th
Passed, adopted and approved this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Historic Old Main Street Lighting and Sidewalk Replacement Project: City Manager
recommending initiation of the public bidding process for the Historic Old Main Street Lighting
and Sidewalk Replacement Project and that a public hearing on the plans and specifications,
form of contract, and estimated cost be set for March 5, 2007. Lynch moved to receive, file,
and adopt Resolution No. 93-07 Preliminary approval of plans and specifications, form of
contract, and estimated cost for the Historic Old Main Street Lighting and Sidewalk
Replacement Project; Resolution No. 94-07 Setting date of hearing on plans and
specifications, form of contract, and estimated cost for the Historic Old Main Street Lighting
and Sidewalk Replacement Project; Resolution No. 95-07 Resolution of Necessity; Resolution
No. 96-07 Fixing date of hearing on Resolution of Necessity; Resolution No. 97-07 Approving
preliminary schedule of assessments; and Resolution No. 98-07 Ordering the advertisement
for bids for the Historic Old Main Street Lighting and Sidewalk Replacement Project, and
providing for the publication of notice thereof and set public hearing for March 5, 2007, at a
meeting to commence at 6:30 PM in the public library auditorium and direct the City Clerk to
publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 93-07
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE HISTORIC OLD MAIN STREET – LIGHTING AND SIDEWALK
REPLACEMENT 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 Historic
Old Main Street – Lighting and Sidewalk Replacement Project, in the estimated amount
$598,367.52, are hereby preliminary approved and ordered filed in the office of the City Clerk
for public inspection.
th
Passed, adopted and approved this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 94-07
FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST FOR THE HISTORIC OLD MAIN STREET –
LIGHTING AND SIDEWALK REPLACEMENT 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 Historic Old
Main Street – Lighting and Sidewalk Replacement 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:
th
That a public hearing will be held on the 5 day of March, 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
17
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.
th
Passed, adopted and approved this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 95-07
RESOLUTION OF NECESSITY
Whereas, proposed plans have been duly prepared and approved by the City Council of the
City of Dubuque and are now on file in the office of City Clerk showing among other things the
plans, specifications, form of contract, estimate of probable cost and the Preliminary Schedule
of Assessments showing the amount proposed to be assessed against each lot and the
valuation of each lot as filed by the City Council, for the Historic Old Main Street - Lighting and
Sidewalk Replacement Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Council deems it advisable and necessary for the public welfare to make the
herein mentioned improvements, and unless property owners at the time of the final
consideration of this proposed resolution have on file with the City Clerk objections to the
Resolution of Necessity, they shall be 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 and done in accordance with the plans and
specifications which have been approved by the City Council and now on file with the City
Clerk. That the cost and expense of making such improvement will be assessed partially or
totally against privately owned property lying with the assessment limits, and in an amount not
to exceed that provided by law, and in proportion to the special benefits conferred.
The portion of the cost which shall be borne by the City will be paid from the Annual Street
Construction Program Fund, Main Street Sidewalk Improvements - Jones to Fifth Street Fund,
stth
Main Street Historic Lighting (1 to 5) Fund, Downtown Streetlight Replacement Schedule
Fund, Traffic Signal Intersection Reconstruction Fund, Sidewalk Program Related Curb/Catch
Basin Replacement Fund, Catch Basin Maintenance Fund, Stone Retaining Walls Fund,
Watermain Replacement Fund, Street Meters Operations Budget, Historic District Public
Improvement Program Funds and special assessment bonds may be issued in anticipation of
deferred payments of special assessments when a contract has been performed and
accepted, and the proceeds thereof used to pay the contractor.
The above resolution was introduced, approved and ordered placed on file with the City
th
Clerk this 20 day of February, 2007.
Approved and placed on file for final action.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 96-07
FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval
on the proposed plans, specifications and form of contract and placed same on file in the office
18
of the City Clerk for public inspection for the Historic Old Main Street - Lighting and Sidewalk
Replacement Project; and
Whereas, the proposed Resolution of Necessity for said improvement has been introduced
and is now on file in the City Clerk's office for public inspection.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
th
That on the 5 day of March, 2007, a public hearing will be held at 6:30 p.m. in the Public
Library Auditorium in the City of Dubuque 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 and the City Clerk be and is hereby authorized and 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 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. Unless property owners at the time of the final consideration of this
proposed resolution have on file with the City Clerk objections to the Resolution of Necessity
they shall be deemed to have waived all objections thereto.
th
Passed, adopted and approved this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 97-07
RESOLUTION ADOPTING THE PRELIMINARY APPROVAL OF THE PRELIMINARY
SCHEDULE OF ASSESSMENTS
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached sheet(s), Pages 1 to Page 2 inclusive, are hereby determined to be the
Preliminary Schedule of Proposed Assessments for the Historic Old Main Street - Lighting and
Sidewalk Replacement Project and the valuations set out herein are hereby preliminary
approved.
th
Passed, approved and adopted this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 98-07
ORDERING THE ADVERTISEMENT FOR BIDS FOR THE HISTORIC OLD MAIN STREET –
LIGHTING AND SIDEWALK REPLACEMENT PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Historic Old Main Street – Lighting and Sidewalk Replacement 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 nor more than forty-five days before the date for filing bids at
19
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2:00 p.m. on the 15 day of March, 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 at 6:30
thth
p.m. on the 19 day of March, 2007, in the Public Library Auditorium, 360 West 11 Street,
Dubuque, Iowa.
th
Passed, adopted and approved this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fifth Street Reconstruction – Alpine to Hill Streets Project: City Manager recommending
initiation of the public bidding process for the Fifth Street Reconstruction – Alpine to Hill Streets
Project and that a public hearing on the plans and specifications, form of contract, and
estimated cost be set for March 5, 2007. Lynch moved to receive, file, and adopt Resolution
No. 99-07 Preliminary approval of plans and specifications, form of contract, and estimated
cost for the Fifth Street Reconstruction – Alpine to Hill Streets Project; Resolution No. 100-07
Setting date of hearing on plans and specifications, form of contract, and estimated cost for the
Fifth Street Reconstruction – Alpine to Hill Streets Project; Resolution No.101-07 Resolution of
Necessity; Resolution No. 102-07 Fixing date of hearing on Resolution of Necessity;
Resolution No. 103-07 Approving preliminary schedule of assessments; Resolution No. 104-07
Ordering the advertisement for bids for the Fifth Street Reconstruction – Alpine to Hill Streets
Project; and providing for the publication of notice thereof and set public hearing for 3/5/07 at a
meeting to commence at 6:30 PM in the public library auditorium and direct the City Clerk to
publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 99-07
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
th
ESTIMATED COST FOR THE 5 STREET RECONSTRUCTION PROJECT – ALPINE
STREET TO HILL STREET
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
th
That the proposed plans, specifications, form of contract and estimated cost for the 5
Street Reconstruction Project – Alpine Street to Hill Street, in the estimated amount
$1,200,126.56, are hereby preliminary approved and ordered filed in the office of the City Clerk
for public inspection.
th
Passed, adopted and approved this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 100-07
FIXING DATE OF HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
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ESTIMATED COST FOR THE 5 STREET RECONSTRUCTION PROJECT – ALPINE
STREET TO HILL STREET
Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval to
th
the proposed plans, specifications, form of contract, and estimated cost for the 5 Street
Reconstruction Project – Alpine Street to Hill Street (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:
20
th
That a public hearing will be held on the 5 day of March, 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.
th
Passed, adopted and approved this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 101-07
RESOLUTION OF NECESSITY
Whereas, proposed plans have been duly prepared and approved by the City Council of the
City of Dubuque and are now on file in the office of City Clerk showing among other things the
plans, specifications, form of contract, estimate of probable cost and the Preliminary Schedule
of Assessments showing the amount proposed to be assessed against each lot and the
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valuation of each lot as filed by the City Council, for the 5 Street Reconstruction Project –
Alpine Street to Hill Street.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Council deems it advisable and necessary for the public welfare to make the
herein mentioned improvements, and unless property owners at the time of the final
consideration of this proposed resolution have on file with the City Clerk objections to the
Resolution of Necessity, they shall be 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 and done in accordance with the plans and
specifications which have been approved by the City Council and now on file with the City
Clerk. That the cost and expense of making such improvement will be assessed partially or
totally against privately owned property lying with the assessment limits, and in an amount not
to exceed that provided by law, and in proportion to the special benefits conferred.
The portion of the cost which shall be borne by the City will be paid from the Fiscal Year
2008 Street Construction Program Fund, Watermain Replacement Program Fund, Street
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Program Related Sanitary Sewer Improvements Fund, W. 5 Street (Alta Vista to Hill) Storm
Sewer Improvement Fund, Fiber Optic Conduit – Paving Projects Funds, and special
assessment bonds may be issued in anticipation of deferred payments of special assessments
when a contract has been performed and accepted, and the proceeds thereof used to pay the
contractor.
The above resolution was introduced, approved and ordered placed on file with the City
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Clerk this 20 day of February, 2007.
Approved and placed on file for final action.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 102-07
FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY
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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
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of the City Clerk for public inspection for the 5 Street Reconstruction Project – Alpine Street to
Hill Street; and
Whereas, the proposed Resolution of Necessity for said improvement has been introduced
and is now on file in the City Clerk's office for public inspection.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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That on the 5 day of March, 2007, a public hearing will be held at 6:30 p.m. in the Public
Library Auditorium in the City of Dubuque 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 and the City Clerk be and is hereby authorized and 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 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. Unless property owners at the time of the final consideration of this
proposed resolution have on file with the City Clerk objections to the Resolution of Necessity
they shall be deemed to have waived all objections thereto.
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Passed, adopted and approved this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 103-07
RESOLUTION ADOPTING THE PRELIMINARY APPROVAL OF THE PRELIMINARY
SCHEDULE OF ASSESSMENTS
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached sheet(s), Pages 1 to Page 3 inclusive, are hereby determined to be the
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Preliminary Schedule of Proposed Assessments for the 5 Street Reconstruction Project –
Alpine Street to Hill Street and the valuations set out herein are hereby preliminary approved.
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Passed, approved and adopted this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 104-07
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ORDERING THE ADVERTISEMENT FOR BIDS FOR THE 5 STREET RECONSTRUCTION
PROJECT – ALPINE STREET TO HILL STREET
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
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That the 5 Street Reconstruction Project – Alpine Street to Hill Street 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
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published more than twenty days nor more than forty-five days before the date for filing bids at
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2:00 p.m. on the 22 day of March, 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 at 6:30
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p.m. on the 2 day of April, 2007, in the Public Library Auditorium, 360 West 11 Street,
Dubuque, Iowa.
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Passed, adopted and approved this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fiscal Year 2008 Budget: City Manager recommending that a public hearing be set for
March 8, 2007 to consider adoption of the Fiscal Year 2008 Budget and Five Year Capital
Improvement Program. Lynch moved to receive, file, and adopt Resolution No. 105-07 Setting
the date for the public hearing on the Fiscal Year 2008 Budget for the City of Dubuque,
Resolution No. 106-07 Setting the date for the public hearing on the Five Year Capital
Improvement Program for Fiscal Years 2008 through 2012 for the City of Dubuque, and
providing for the publication of notice thereof and set public hearing for 3/8/07 at a meeting to
commence at 6:30 PM in the public library auditorium and direct the City Clerk to publish
notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO.105-07
SETTING THE DATE FOR THE PUBLIC HEARING ON THE
FISCAL YEAR 2008 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and
place for a public hearing on the Fiscal Year 2008 budget before the final budget certification
date and shall publish notice before the hearing as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on the proposed Fiscal Year
2008 budget for the City of Dubuque at the Carnegie Stout Public Library Auditorium, 360
West 11th Street, Dubuque, Iowa, on Thursday, March 8, 2007, beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of
the public hearing, according to law, together with the required budget information.
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Passed, approved and adopted this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 106-07
SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL
IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008 THROUGH 2012 FOR THE
CITY OF DUBUQUE
Whereas, a proposed Five-Year Capital Improvement Program for the City of Dubuque for
Fiscal Years 2008 through 2012 has been prepared and submitted to the City Council; and
Whereas, the capital projects for the first year of the program are included in the Fiscal Year
2008 budget for the City of Dubuque; and
Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a public
hearing and adopt the five-year Capital Improvement Program simultaneously with the public
hearing and adoption of the Fiscal Year 2008 budget for the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the City Council shall conduct a public hearing on the five-year Capital
Improvement Program for Fiscal Years 2008 through 2012 at the Carnegie Stout Public Library
Auditorium, 360 West 11th Street, Dubuque, Iowa, on Thursday, March 8, 2007, beginning at
6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of
the public hearing.
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Passed, approved and adopted this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Expansion of Kendall/Hunt Publishing Company, Westmark Enterprises, Inc., and Great
River Technologies, LLC: City Manager recommending that a public hearing be set for April 2,
2007 to consider approval of a Development Agreement with Walter Development LLC, who
will be constructing a 120,000 square foot distribution facility and office for Kendall/Hunt
Publishing Company, Westmark Enterprises, Inc. and Great River Technologies, LLC., all
related companies, on 13.915 acres in Dubuque Industrial Center West. Lynch moved to
receive, file, and adopt Resolution No. 107-07 (1) Approving the minimum requirements,
competitive criteria, and offering procedures for the development of certain real property and
improvements in the Dubuque Industrial Center Economic Development Urban Renewal
District; (2) determining that the Development Agreement submitted by Walter Development,
LLC, Kendall/Hunt Publishing Company, Westmark Enterprises, Inc., and Great River
Technologies, LLC satisfies the offering requirements with respect to the real property and
improvements and declaring the intent of the City Council to approve the Development
Agreement with Walter Development, LLC, Kendall/Hunt Publishing Company, Westmark
Enterprises, Inc., and Great River Technologies, LLC in the event that no competing proposals
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are submitted providing for the sale of Lot 1 Dubuque Industrial Center West 7 Addition, in the
City of Dubuque, Iowa, according to the recorded plat thereof; and (3) soliciting competing
proposals, and providing for the publication of Notice thereof and set public hearing for 4/2/07
at a meeting to commence at 6:30 PM in the public library auditorium and direct the City Clerk
to publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 107-07
RESOLUTION (1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE
CRITERIA, AND OFFERING PROCEDURES FOR THE DEVELOPMENT OF CERTAIN
REAL PROPERTY AND IMPROVEMENTS IN THE DUBUQUE INDUSTRIAL CENTER
ECONOMIC DEVELOPMENT URBAN RENEWAL DISTRICT; (2) DETERMINING THAT THE
DEVELOPMENT AGREEMENT SUBMITTED BY WALTER DEVELOPMENT, LLC,
KENDALL HUNT PUBLISHING COMPANY, WESTMARK ENTERPRISES, INC., AND
GREAT RIVER TECHNOLOGIES, LLC SATISFIES THE OFFERING REQUIREMENTS
WITH RESPECT TO THE REAL PROPERTY AND IMPROVEMENTS AND DECLARING
THE INTENT OF THE CITY COUNCIL TO APPROVE THE DEVELOPMENT AGREEMENT
WITH WALTER DEVELOPMENT, LLC, KENDALL HUNT PUBLISHING COMPANY,
WESTMARK ENTERPRISES, INC., AND GREAT RIVER TECHNOLOGIES, LLC IN THE
EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED PROVIDING FOR THE
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SALE OF LOT 1 DUBUQUE INDUSTRIAL CENTER WEST 7 ADDITION, IN THE CITY OF
DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; AND (3)
SOLICITING COMPETING PROPOSALS
.
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Whereas, the City Council of Dubuque, Iowa, did on January 20, 1997 adopt an Amended
and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development
Urban Renewal District (the Plan) for the Urban Renewal Area described therein; and
Whereas, the Plan provides, among other things, for the disposition of properties for private
development purposes as a proposed economic development action; and
Whereas, Walter Development, LLC (Developer) has submitted to the City a Development
Agreement with a proposal for the purchase of certain real property and improvements
hereinafter described and owned by the City of Dubuque for the construction of a new
distribution center as described therein (the Development Agreement), together with the
request that this property be made available for purchase as rapidly as possible; and
Whereas, the Development Agreement provides, among other things, for the sale to
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Developer of the real estate described as Lot 1 Dubuque Industrial Center West 7
Addition, in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to
easements and restrictions of record as shown on Exhibit B attached to the
Development Agreement (the Property); and
Whereas, in order to establish reasonably competitive bidding procedures for the disposition
of the Property in accordance with the statutory requirements of Iowa Code Chapter 403,
specifically, Section 403.8, and to assure that the City extends a full and fair opportunity to all
developers interested in submitting a proposal, a summary of submission requirements and
minimum requirements and competitive criteria for the property offering is included herein; and
Whereas, the Development Agreement is on file in the City Clerk’s office; and
Whereas, to recognize both the firm proposal for renovation of the Property and
construction of additional buildings, as described above, and to give full and fair opportunity to
other developers interested in submitting a proposal for the use of the property, the City
Council should by this Resolution:
1) Set the fair market value of the Property for uses in accordance with the Plan;
2) Approve the minimum requirements and competitive criteria included herein;
3) Approve as to form the Development Agreement on file in the City Clerk’s office;
4) Set a date for receipt of competing proposals and the opening thereof;
5) Declare that the proposal submitted by Developer satisfies the minimum requirements
of the offering, and that in the event no other qualified proposal is timely submitted, that
the City Council intends to approve such proposal and authorize the City Manager to
sign the Development Agreement; and direct publication of notice of said intent;
6) Approve and direct publication of a notice to advise any other person of the opportunity
to compete for purchase of the Property and improvements on the terms and conditions
set forth herein; and
7) Declare that in the event another qualified proposal is timely submitted and accepted,
another and future notice will be published on the intent of the City to enter into the
resulting contract, as required by law; and
Whereas, the City Council believes it is in the best interest of the City and the Plan to act as
expeditiously as possible to sell the Property as set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the Property described as Lot 1 of Dubuque Industrial Center West 7
Addition, in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to
easements and restrictions of record described in Exhibit “B” attached to the Development
Agreement located in the Dubuque Industrial Center West and delineated generally by
Chavenelle Drive to the North, McGraw Hill Distribution Center to the west, Lot 2 of Dubuque
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Industrial Center West 7 Addition to the east and Lot 4 Dubuque Industrial Center West 5
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Addition to the south (“the Property”) shall be offered for sale in accordance with the terms and
conditions contained in this Resolution.
Section 2. That it is hereby determined that in order to qualify for consideration for selection,
any person must submit a proposal which meets these minimum requirements:
a) Contains an agreement to purchase the Property at not less than fair market value
established herein;
b) Contains a commitment to purchase the Property for uses allowed in the Dubuque
Industrial Center West;
c) Sets out or provides to the satisfaction of the City Council the experience of the
principals and key staff who are directly engaged in performance of contract obligations
in carrying out projects of similar scale and character; and
d) Meets, at a minimum, the terms and conditions of the Development Agreement
submitted by the Developer including an agreement to construct a distribution center at
a total project cost of approximately $3,890,000.
Section 3. That the Development Agreement by and between the City and the Developer be
and is hereby approved as to form for the purposes hereinafter stated.
Section 4. That for the purpose of defining the offering of the Property for sale, said
Development Agreement shall be deemed to be illustrative of the terms acceptable to the City
with respect to:
a) Purchase price;
b) Construction of minimum improvements within a timely matter;
c) City participation;
d) Developer obligations; and
e) General terms and conditions
Section 5. That the Development Agreement submitted by the Developer satisfies the
requirements of the offering and, in the event that no other qualified proposals are timely
submitted that the City Council intends to accept and approve the Development Agreement
and sale of the Property.
Section 6. That it is hereby determined that the Developer possesses the qualifications,
financial resources and legal ability necessary to purchase the Property and to manage and
operate the Property in the manner proposed by this offering in accordance with the Plan.
Section 7. That the purchase price for the Property offered by the Developer is hereby found
and determined to be the fair market value of the interest being conveyed.
Section 8. That the City Clerk shall receive and retain for public examination the attached
Development Agreement submitted by the Developer and, in the event no other qualified
proposals are timely submitted, shall resubmit the Development Agreement to the City Council
for final approval and execution upon expiration of the notice hereinafter prescribed.
Section 9. That the action of the City Council be considered to be and does hereby
constitute notice to all concerned of the intention of this Council, in the event that no other
qualified proposals are timely submitted, to accept the proposal of the Developer to purchase
the Property and to approve the Development Agreement by and between City and Developer.
Section 10. That the official notice of this offering and of the intent of the City, in the event
no other qualified proposals are timely submitted, to approve the Development Agreement,
shall be a true copy of this Resolution, but without the attachments referred to herein, except
Exhibit B.
Section 11. That the City Clerk is authorized and directed to secure immediate publication of
said official notice in the Telegraph Herald, a newspaper having a general circulation in the
community, by publication of the text of this Resolution without attachments on or before the
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23 day of February, 2007.
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Section 12. That written proposals for the purchase of the Property will be received by the
City Clerk at or before 10:00 a.m., March 27, 2007 in the Office of the City Clerk, located on
the first floor at City Hall, Dubuque, Iowa 52001. Each proposal will be opened at the hour of
10:00 a.m. in City Hall, Dubuque, Iowa on March 27, 2007. Said proposals will then be
presented to the City Council at 6:30 p.m., April 2, 2007, at a meeting to be held in the
Auditorium of the Carnegie-Stout Public Library, Dubuque, Iowa.
Section 13. That such offering shall be in substantial conformance with the provisions of
Iowa Code Section 403.8, requiring reasonable competitive bidding procedures as are hereby
prescribed, which method is hereby determined to be the appropriate method for making the
Property available for sale.
Section 14. That the required documents for the submission of a proposal shall be in
substantial conformity with the provisions of this Resolution.
Section 15. That the City Clerk is hereby nominated and appointed as the agent of the City
of Dubuque, Iowa to receive proposals for the sale of the Property at the date and according to
the procedure hereinabove specified for receipt of such proposals and to proceed at such time
to formally acknowledge receipt of each of such proposals by noting the receipt of same in the
Minutes of the Council; that the City Manager is hereby authorized and directed to make
preliminary analysis of each such proposal for compliance with the minimum requirements
established by this Council hereinabove. For each proposal that satisfies these requirements,
the City Council shall judge the strength of the proposal by the competitive criteria established
hereinabove. The City Council shall then make the final evaluation and selection of the
proposals.
Section 16. That in the event another qualified proposal is timely submitted and accepted by
the City, another and further notice shall be published of the intent of the City of Dubuque,
Iowa, to enter into the resulting agreement, as required by law.
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Passed, approved and adopted this 20 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). Applicants: Michael Gukeisen and
Theresa Caldwell. Theresa Caldwell spoke in support of her appointment.
Appointments to 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. Connors moved to appoint applicant Paula Maloy to an At-Large
term through February 2010. Second by Michalski. Motion carried 7-0.
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 (B.S. Vacancy), Dan Harris (At-Large), Harlan Willenborg, Paul
Papin, Stanley Gonner (Master Plumbers). Connors moved to appoint applicants Michael
Swift, Dan Harris, and Paul Papin to 3-year terms through November 2009, and Stanley
Gonner and Harlan Willenborg to 3-year terms through November 2008. Seconded by Braig.
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Motion carried 7-0.
Electrical Code Board (One 3-year term through May 2008 – term of Pregler). Applicant:
Ronald Mueller. Michalski moved to appoint applicant Ronald Mueller to a 3-year term through
May 2008. Second by Connors. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Tanzanite Drive – Planned Unit Development District: Proof of publication on notice of
hearing to consider a request from Ron Klein, Klein Construction Company, to amend the PUD
Planned Unit Development District on Tanzanite Drive (Lot F of Emerald Acres No. 4) to allow
42 two-unit townhouses with revised access and setbacks and Zoning Advisory Commission
recommending denial. Communication from Ron Klein requesting this item be tabled.
Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by providing for the amendment of Ordinances No. 10-99, 96-02, 83-03 and 14-06,
which adopted regulations for the Emerald Acres PUD Planned Unit Development District with
a PR Planned Residential Designation and approving an amended ordinance for the Emerald
Acres PUD Planned Unit Development District. Cline moved to table. Seconded by Connors.
Motion carried 7-0.
Subdivision Regulations – Text Amendment: Proof of publication on notice of hearing to
consider a request from the City of Dubuque to amend Section 42-24-(a) Improvement
Guarantees of the City of Dubuque Subdivision Regulations and Zoning Advisory Commission
recommending approval. Jones moved to receive and file the documents and moved that the
requirement that a proposed Ordinance be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be finally passed be suspended.
Seconded by Connors. Motion carried 7-0. Jones moved final consideration and passage of
Ordinance No. 5-07 Amending the City of Dubuque Code of Ordinances Section 42-24
Improvement Guarantees providing for the reduction of securities for public improvements
upon substantial completion of such improvements. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 5-07
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 42-24
IMPROVEMENT GUARANTEES PROVIDING FOR THE REDUCTION OF SECURITIES FOR
PUBLIC IMPROVEMENTS UPON SUBSTANTIAL COMPLETION OF SUCH
IMPROVEMENTS
Section 1. City of Dubuque Code of Ordinances § 42-24 is amended to read as follows:
Sec. 42-24. Improvement guarantees:
(a) Application: Before the recording of final plats, or as a condition of
approval of final plats, the Commission and City Council shall require the
following guarantees:
(1) The furnishing of a performance guarantee in an amount not
less than one hundred ten percent (110%) of the cost of
construction of public improvements by the owner. Upon
determination by the City Engineer that a public improvement is
substantially complete, the amount of such guarantee shall be
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reduced to twenty-five percent (25%) of the cost of construction of
the public improvement. “Substantially complete” shall mean that
the public improvement has been inspected by the City Engineer
and determined by the City Engineer to be constructed in
accordance with the approved plans and specifications; and
(2) Provision for a maintenance guarantee in the amount of twenty
five percent (25%) of the cost of the public improvements by the
owner for a period of two (2) years after final acceptance of the
improvements by the City Council; and
(3) Payment of City inspection fees for public improvements shall be
based upon three percent (3%) of the construction costs of the public
improvements.
Section 2. This Ordinance shall take effect upon publication.
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Passed, approved and adopted this 20 day of February, 2006.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 26 day of February, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
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Greater Downtown Urban Renewal District: Proof of publication on notice of hearing to
consider an amendment to the Urban Renewal Plan for the Greater Downtown Urban Renewal
District to include the rehabilitation, restoration, and renovation of historic buildings for public
and governmental uses, including the Carnegie-Stout Public Library and the Former U.S.
Federal Building, and City Manager recommending approval. Cline moved to receive, file, and
adopt Resolution No. 108-07 Approving the Amended and Restated Urban Renewal Plan for
the Greater Downtown Urban Renewal District. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 108-07
A RESOLUTION APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN
FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT.
Whereas, on January 16, 2006 the City Council of the City of Dubuque, Iowa authorized the
preparation of an Amended and Restated Urban Renewal Plan (the "Plan") for the Downtown
Dubuque Urban Renewal District (the "District"); and
Whereas, the City of Dubuque's primary objective in amending this Plan is to provide
opportunities for further redevelopment and reinvestment in the downtown; and
Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has
found that said document is consistent with the Comprehensive Plan for the development of
the City of Dubuque as a whole and has transmitted its findings to the City Council; and
Whereas, a consultation process has been undertaken with affected taxing entities in
accordance with Chapter 403 of the Code of Iowa with no written objections or recommended
changes to the Plan received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a
public hearing on the proposed amended and restated Plan after public notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan for the Greater Downtown
Urban Renewal District, attached hereto and made reference to herein, be approved.
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Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and
directed to file a certified copy of the Resolution in the office of the Dubuque County Recorder.
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Passed, approved and adopted this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Vacating Petition – Portion of Union Street south of Rush Street: Proof of publication on
notice of hearing to consider approval of a request from David L. Clemens, representing
Robert McClain, to vacate and purchase a portion of Union Street south of Rush Street, and
City Manager recommending approval. Connors moved to receive, file, and to adopt
Resolution No. 109-07 Approving plat of proposed vacated portion of Union Street south of
Rush Street, Resolution No. 110-07 Vacating a portion of Union Street south of Rush Street,
and Resolution No. 111-07 Disposing of City interest in Lot 209A of Union Addition in the City
of Dubuque, Dubuque County, Iowa. Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 109-07
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF UNION
STREET SOUTH OF RUSH STREET
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat
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dated the 2 day of January, 2007, prepared by Buesing & Associates, Inc., describing the
proposed vacated portion of Union Street south of Rush Street; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the plat dated the 2 day of January, 2007, prepared by Buesing &
Associates, Inc., relative to the real estate hereinabove described be and the same is hereby
approved, and the Mayor and City Clerk be and they are hereby authorized and directed to
execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and
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 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 110-07
RESOLUTION VACATING A PORTION OF UNION STREET SOUTH OF RUSH STREET
Whereas, Robert H. McClain, Jr. and Karen A. McClain have requested the vacating 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; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of
Union Street south of Rush Street is no longer required for public use and vacating of said
portion of Union Street south of Rush Street, known 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:
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Section 1. That the real estate described as Lot 209A of Union Addition in the City of
Dubuque, Dubuque County, Iowa, be and the same is hereby vacated.
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Passed, approved and adopted this 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 111-07
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 209A OF UNION ADDITION 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
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Dubuque, Iowa on this 9 day of February, 2007, the City Council of the City of Dubuque,
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Iowa met on the 20 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 209A of Union Addition in the City of Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real estate.
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 209A of Union
Addition in the City of Dubuque, Dubuque County, Iowa, to Robert H. McClain, Jr. and Karen
A. McClain be and the same is hereby approved for the cost of surveying, platting, publication,
and filing fees. Conveyance shall be by Quit Claim Deed.
Section 2. 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
Robert H. McClain, Jr. and Karen A. McClain upon receipt of the purchase price in full.
Section 3. 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 20 day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Heron Pond Tree Removal Project: Proof of publication on notice of hearing to consider
adoption of the plans and specifications for the Heron Pond Tree Removal Project and City
Manager recommending award of the contract to Top Grade Excavating in the amount of
$30,299. Michalski moved to receive, file, and adopt Resolution No. 112-07 Adopting plans and
specifications, Resolution No. 113-07 Awarding contract, and Resolution No. 114-07 Approving
construction contract with Top Grade Excavating for the Heron Pond Tree Removal Project.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 112-07
RESOLUTION ADOPTING PLANS AND SPECIFICATIONS
WHEREAS, on the 16th day of January, 2007, plans, specifications, form of contract and
estimated cost were filed with the City Clerk of Dubuque, Iowa for the Heron Pond Tree
Removal Project.
WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost
was published as required by law.
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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 20th day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 113-07
AWARDING CONTRACT
WHEREAS, sealed proposals have been submitted by contractors for the Heron Pond Tree
Removal Project pursuant to Resolution No. 29-07, and notice to bidders published in a
newspaper published in the City of Dubuque, Iowa, on the 19th day of January, 2007.
WHEREAS, said sealed proposals were opened and read on the 1st day of February, 2007,
and it has been determined that the bid of Top Grade Excavating in the amount of $30,299
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 Top Grade Excavating, 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 20th day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 114-07
APPROVING CONSTRUCTION CONTRACT WITH TOP GRADE EXCAVATING FOR THE
HERON POND TREE REMOVAL PROJECT
Whereas, the City Council by Resolution No. 113-07 awarded the construction contract for
the Heron Pond Tree Removal Project to Top Grade Excavating; and
Whereas Top Grade Excavating 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 20th day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Jones moved to reinstate the rules limiting discussion to the Council. Seconded by Connors.
Motion carried 7-0.
ACTION ITEMS
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Greater Dubuque Development Corporation: Rick Dickinson, Executive Director of the
Greater Dubuque Development Corporation, to provide verbal update on activities of GDDC.
Dickinson acknowledged the help of the GDDC staff, reviewed the success of the River Valley
Initiatives goals, and requested to speak to Council on April 2, 2007, to discuss the Greater
Dubuque Development Corporation’s 5-year plan. Cline moved to receive and file. Seconded
by Connors. Motion carried 7-0.
Amendment to First Transit Contract (Tabled at the February 5, 2007 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.
Connors moved to remove from table. Seconded by Michalski. Motion carried 7-0. Connors
moved to receive, file, and adopt Resolution No. 115-07 Approving the Second Amendment to
the Management Agreement between the City of Dubuque and First Transit. Seconded by
Braig. Motion carried 5-2 with Michalski and Jones dissenting. Dave Baker, President of
Teamsters Local No. 421, spoke in support of retaining the position of Transportation Clerk as
a union position.
RESOLUTION NO. 115-07
A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE MANAGEMENT
AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND FIRST TRANSIT, INC.
Whereas, the City of Dubuque has identified the need for a transit management company;
and
Whereas, the City of Dubuque and First Transit, Inc. entered into a management agreement
on April 3, 2006; and
Whereas, a current staffing vacancy exists at KeyLine Transit.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. That the second amendment to the First Transit management agreement (dated
April 3, 2006) be approved to expand the Dubuque management team by adding a
transportation clerk for an additional monthly fee of $4,416.67.
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Passed, approved and adopted this 20day of February, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Silver Oaks Estate: Zoning Advisory Commission recommending approval of the preliminary
plat of Silver Oaks Estate as requested by Royal Oaks Development, Inc. Jones moved to
receive, file, and approve the preliminary plat of Silver Oaks Estate as requested by Royal
Oaks Development, Inc. Seconded by Connors. Motion carried 7-0.
W.C. Stewart Construction, Inc. / Wayne Briggs Real Estate: Communication from Brian J.
Kane, counsel for Messrs. Briggs and Stewart, requesting that a public hearing be scheduled
at the site of the W.C. Stewart Construction, Inc. / Wayne Briggs real estate along Old Highway
Road. Lindahl recommended setting public hearing for March 5, 2007, at which time a site visit
can be scheduled for March 12, 2007. Connors moved to receive, file, and set public hearing
for March 5, 2007. Seconded by Jones. Motion carried 7-0.
Construction Management Contract for Port of Dubuque Parking Ramp: City Manager
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recommending the selection of Conlon Construction as the Construction Manager for the Port
of Dubuque Public Parking Ramp project in the amount of $535,000. Michalski moved to
receive, file, and approve. Seconded by Braig. Motion carried 7-0.
Erosion and Sediment Control (ESC) Ordinance: City Manager recommending approval of
an amendment to Chapter 44 of the City of Dubuque Code of Ordinances by adding a new
Article VII – Erosion and Sediment Control (ESC). 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 finally passed be
suspended. Seconded by Jones. Motion carried 7-0. Connors moved final consideration and
passage of Ordinance No. 6-07 Amending Chapter 44 of the City of Dubuque Code of
Ordinances by adding a new Article VII, Erosion and Sediment Control, providing for the
regulation of land disturbing activity; establishing the requirements for a permit for such activity
and the procedures for monitoring such activity; and providing for violations and enforcement
of such requirements. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 6-07
AMENDING CHAPTER 44 OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY
ADDING A NEW ARTICLE VII. EROSION AND SEDIMENT CONTROL, PROVIDING FOR
THE REGULATION OF LAND DISTURBING ACTIVITY; ESTABLISHING THE
REQUIREMENTS FOR A PERMIT FOR SUCH ACTIVITY AND THE PROCEDURES FOR
MONITORING SUCH ACTIVITY; AND PROVIDING FOR VIOLATIONS AND
ENFORCEMENT OF SUCH REQUIREMENTS
Whereas, the City Council of the City of Dubuque, Iowa desires to provide for the health,
safety, and general welfare of the citizens of the City of Dubuque through the regulation of
erosion and sedimentation to the maximum extent practicable and as required by federal and
state law; and
Whereas, soil is most vulnerable to erosion by wind and water during soil disturbing
activities and eroded soil necessitates repair of sewers and ditches and dredging of rivers, and
harbors, accelerates downstream bank erosion and damage to public and private property,
damages water resources and wetlands by reducing water quality, and causes the siltation of
aquatic habitat; and
Whereas, the United States Environmental Protection Agency National Pollutant Discharge
Elimination System (NPDES) permit program (the Program) administered by the Iowa
Department of Natural Resources (IDNR) requires that cities that meet certain demographic
and environmental impact criteria obtain from the IDNR for the discharge of storm water from a
Municipal Separate Storm Sewer System (MS4) an NPDES permit (MS4 Permit); and
Whereas, the City of Dubuque (City) is subject to the Program and is required to obtain, and
has obtained, an MS4 Permit; and
Whereas, the Program requires certain individuals engaged in land disturbing activity (an
Applicant or Applicants) to submit an application to the IDNR for a State NPDES General
Permit No. 2; and
Whereas, as a condition of City’s MS4 Permit, City is obliged to undertake primary
responsibility for inspection, monitoring and enforcement procedures to promote an Applicant’s
compliance with a State NPDES General Permit No. 2; and
Whereas, the objectives of this Ordinance are:
(1) To allow development while minimizing erosion and sedimentation;
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(2) To reduce water quality impacts to receiving water resources caused by
land disturbing activities;
(3) To establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this Ordinance and
the City’s MS4 Permit; and
(4) To establish the City Erosion and Sediment Control Permit (City ESC
Permit) in addition to and not in lieu of a State NPDES General Permit No. 2.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. Chapter 44 of the City of Dubuque Code of Ordinances is hereby amended by
adding thereto the following:
ARTICLE VII. EROSION AND SEDIMENT CONTROL
Sec. 44-310. Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant means a person, firm, sole proprietorship, partnership, corporation, state agency
or political subdivision required by law or administrative rule to apply to the IDNR for a State
NPDES General Permit No. 2 and a City ESC Permit.
Bare Soil means soil exposed and unprotected from soil erosion.
Building Permit means a document issued under the authority of the City Manager which
authorizes the construction or modification of a structure on a property.
City Manager means the City Manager or the City Manager’s designee.
Clean Water Act means the federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.,
and any amendments thereto.
Construction Activity means activities subject to NPDES Construction Permits that result in
disturbance of one (1) acre or more. Such activities include but are not limited to clearing and
grubbing, grading, excavating, filling, and demolition.
IDNR means the Iowa Department of Natural Resources.
Erosion and Sediment Control means the control of soil, both mineral and organic, to
minimize the removal of soil from the land surface and to prevent its transport from a disturbed
area by means of wind, water, ice, gravity, or any combination of those forces.
Land Disturbing Activity means activities that include but are not limited to clearing and
grubbing, grading, excavating, filling, and demolition that result in bare soil.
Municipal Separate Storm Sewer System (MS4) means the streets, gutters, conduits,
natural or artificial drains, channels and watercourses, and other facilities that are owned,
operated, maintained or controlled by the City and used for the purpose of collecting, storing,
transporting, or disposing of storm water.
National Pollutant Discharge Elimination System (NPDES) Storm water Discharge Permit
means a permit issued by the Environmental Protection Agency or by a State under authority
delegated pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge of pollutants to waters
of the United States, whether the permit is applicable on an individual, group, or general area-
wide basis.
Permittee means a person who has been issued a City ESC Permit.
Person means any individual, applicant, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either the owner or as the owner's
agent.
Sediment means mobile soil particles detached through the process of soil erosion.
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Site Plan means the development plan which shows the existing and proposed conditions of
a site, including topography, vegetation, drainage, flood plains, wetlands and waterways,
landscaping, open spaces, impervious area, utility services, structures and buildings.
Soil Erosion means the detachment and movement of soil or rock fragments by water, wind,
ice or gravity.
State NPDES General Permit No. 2 means the general permit established by the Iowa
Department of Natural Resources for "Storm Water Associated With Industrial Activity For
Construction Activities" (Land Disturbing 1 Acre or More).
Storm water Pollution Prevention Plan (SWPPP) means a document required for a State
NPDES General Permit No. 2 that describes the Best Management Practices and activities to
be implemented by a person or business to identify sources of pollution or contamination at a
site and the actions to eliminate or reduce pollutant discharges to storm water, storm water
conveyance systems, and/or receiving waters to the maximum extent practicable.
Sec. 44-311. Applicability.
The provisions of this Article apply to all land disturbing.
This Article shall be known, cited and referred to as the Erosion and Sediment Control
Ordinance of the City of Dubuque.
Sec. 44-312. Responsibility for Administration.
The City Manager shall administer, implement, and enforce the provisions of this Article.
Sec. 44-313. Severability Clause.
The provisions of this Article are hereby declared to be severable. If any provision, clause,
sentence, or paragraph of this Article or the application thereof to any person, establishment,
or circumstances shall be held invalid, such invalidity shall not affect the other provisions or
application of this Article.
Sec. 44-314. Ultimate Responsibility.
The standards set forth herein and promulgated pursuant to this Article are minimum
standards; therefore this Article does not intend nor imply that compliance by any person will
ensure that there will be no erosion or sedimentation from a land disturbing activity, or
contamination, pollution, or other unauthorized discharge of pollutants. This Article does not
relive any person of the responsibility to obtain a State NPDES General Permit No. 2 and
adhering to the requirements therein, nor does it relieve any person from the responsibility of
following any other applicable local, state, or federal regulation.
Sec. 44-315. Erosion and Sediment Control (ESC) Permit.
(1) City ESC Permit Required. All persons required by law or administrative rule to obtain
the State NPDES General Permit No. 2 from the IDNR and all persons with an active State
NPDES General Permit No. 2 shall obtain a City ESC Permit in addition to and not in lieu of a
State NPDES General Permit No. 2.
(2) Application Procedure for Obtaining and Maintaining a City ESC Permit.
(a) Applications for City ESC Permits shall be made on forms approved by the
City Manager and available at the office of the City Engineer.
(b) An Applicant for a City ESC Permit shall pay a permit fee as established by
the City Manager.
(c) An Applicant in possession of a State NPDES General Permit No. 2 issued by
the IDNR shall submit to the City Manager with the application copies of the following:
(i) The Applicant’s plans, specifications and supporting materials prepared in
support of the application for a State NPDES General Permit No. 2;
(ii) The Applicant’s authorizations issued pursuant to the Applicant’s State NPDES
General Permit No. 2; and
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(iii) The Applicant’s Storm water Pollution Prevention Plan (SWPPP) prepared in
accordance with this Article.
(d) Every SWPPP submitted to the City Manager in support of an application for a
City ESC Permit shall:
(i) Comply with all current minimum mandatory requirements for SWPPPs
promulgated by the IDNR in connection with issuance of a State NPDES General
Permit No. 2;
(ii) If the Applicant is required by law to file a Joint Application Form,
PROTECTING IOWA WATERS, IOWA DEPARTMENT OF NATURAL RESOURCES
AND U.S. ARMY CORPS OF ENGINEERS, comply with all mandatory minimum
requirements pertaining to such applications;
(iii) Comply with all other applicable state or federal permit requirements in
existence at the time of the application; and
(iv) Be prepared by a licensed professional engineer, a licensed landscape
architect, a licensed professional in erosion and sediment control, or a representative
of the local Soil and Water Conservation District, credentialed in a manner acceptable
to the City Manager.
(3) The application form signed by the Applicant for a City ESC Permit shall include the
following statement:
“The undersigned Applicant hereby agrees to defend, indemnify and hold the
City, its officers, and employees harmless from any and all claims, damages or
suits of any kind arising directly or indirectly out of any act of commission or
omission by the Applicant, or any employee, agent, assign, contractor or
subcontractor of the Applicant, in connection with the Applicant’s State NPDES
General Permit No. 2 and/or City ESC Permit.”
(4) Upon receipt of an application for a City ESC Permit, if the City Manager finds that the
application complies with this Article, the City Manager shall issue a City ESC Permit in
accordance with this Article. If the City Manager finds that the application fails to comply with
this Article, the City Manager shall provide the Applicant a schedule identifying wherein the
application does not comply with this Article.
(5) Issuance by the City Manager of a City ESC Permit shall be a condition precedent to
the issuance of a City building permit for the land disturbing activity described in the
application. For any application submitted to the City Manager after September 1, 2007, no
City ESC Permit shall be issued until the Site Plan has been approved by the City Manager.
(6) For so long as any land disturbing activity is subject to a State NPDES General Permit
No. 2, the City ESC Permit shall be required. At all times while the land disturbing activity is
being conducted, the Permittee shall provide the City with the following current information:
(a) The name, address and telephone number of the person on site designated
by the property owner where the land disturbing activity is being conducted who is
knowledgeable and experienced in erosion and sediment control and who will oversee
compliance with a State NPDES General Permit No. 2 and the City ESC Permit; and
(b) The name(s), address(es) and telephone number(s) of the contractor(s)
and/or subcontractors(s) who will implement each erosion and sediment control
measure identified in the SWPPP.
(7) Transfer of ESC Permit responsibilities. Upon the sale of property for which a City
ESC Permit has been issued, the Permittee may transfer the City ESC Permit to the new
property owner if the Permittee provides the City Manager with written confirmation that the
Permittee has transferred a State NPDES General Permit No. 2 in accordance with the
guidelines established by a State NPDES General Permit No. 2 and the Permittee pays the
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permit transfer fee established by the City Manager. The Permittee shall notify the City
Manager of any application to the IDNR for the release of any property from a State NPDES
General Permit No. 2. Absent such written confirmation of transfer, the Permittee shall remain
responsible for City ESC Permit compliance on the property sold.
(8) A Permittee who discontinues a State NPDES General Permit No. 2 shall immediately
submit to the City Manager copies of the materials and documents submitted to the IDNR in
support of the discontinuation.
Sec. 44-316. Duty to Comply with State NPDES General Permit No. 2.
(1) Non-compliance with any provision of a State NPDES General Permit No. 2 by any
person required by law or administrative rule to comply with the terms of a State NPDES
General Permit No. 2 constitutes a violation of this Article.
(2) Each failure to comply with a State NPDES General Permit No. 2 shall constitute a
separate violation of this Article.
Sec. 44-317. Permit Monitoring Procedures.
(1) Upon issuance of a State NPDES General Permit No. 2 or a City ESC Permit, a
Permittee shall monitor site conditions and perform inspections in a manner consistent with
State NPDES General Permit No. 2 requirements and to report to the City Manager any
change of circumstances or site conditions which the Permitee knows or should know poses a
risk of storm water discharge in a manner inconsistent with the Permittee’s SWPPP, State
NPDES General Permit No. 2 and/or City ESC Permit.
(2) The City Manager may enter upon any property where land disturbing activity is being
conducted to determine compliance with this Article.
(3) Prior to initiating any land disturbing activity that requires a City ESC Permit, the
Permittee shall notify the City Manager when all measures required by the Applicant’s SWPPP
have been accomplished on-site.
(4) Upon issuance of a City ESC Permit, the City Manager shall conduct an inspection at
least once each calendar quarter to monitor and report on compliance with a State NPDES
General Permit No. 2 and the City ESC Permit.
(5) At any time the City Manager receives any information that the site conditions pose a
risk of storm water discharge in a manner inconsistent with the Permittee’s SWPPP, State
NPDES General Permit No. 2 and/or City ESC Permit, the City Manager shall provide the
Permittee with a schedule identifying the conditions of non-compliance. The Permittee shall
immediately commence corrective action and shall complete such corrective action within
twenty-four (24) hours after receipt of the schedule. For good cause shown, the City Manager
may extend the deadline for completing such corrective action.
Sec. 44-318. Violation.
(1) Municipal Infraction. A violation by any person of any provision of this Article, including
the commencing, constructing, causing, or permitting the commencement of any land
disturbing activity without a City ESC Permit as required by this Article, constitutes a municipal
infraction.
(2) Abatement Required. The City Manager may order compliance with this Article by
written notice of violation to a person violating this Article setting forth the time within which
remediation or restoration must be completed and that if the person fails to complete such
remediation or restoration within such time, the City shall cause such remediation or
restoration work to be done and the person shall be liable for such costs.
(3) Stop Work Order. The City Manager may issue an order to stop all construction
activities on any property where land disturbing activity is being conducted until conditions of
non-compliance with this Article are corrected. Construction activity, other than that which is
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required to correct a condition of non-compliance, prior to the correction of the conditions of
non-compliance, shall constitute a violation of this Article.
Sec. 44-319. Appeal of Notice of Violation.
The determination by the City Manager of a violation of this Article may be appealed by an
aggrieved party to the City Council, provided written notice of appeal is received by the City
Manager within 15 days from the date of the notice of violation. Upon hearing, the City Council
may rescind, modify or affirm the notice of violation.
Sec. 44-320. Enforcement Measures.
The City Manager may enter upon any property where land disturbing activity is being
conducted and take any and all action necessary to abate any violation of this Article and/or
remediate or restore the property to its condition prior to the land disturbing activity. It shall be
a violation of this Article for any person to refuse to allow the City Manager to enter upon
property for such purposes.
Sec. 44-321. Cost of Abatement of the Violation.
Within 30 days after abatement of a violation of this Article, the owner of the property shall
be notified in writing by the City Manager of the cost of abatement, including administrative
costs. The property owner may file a written protest with the City Manager objecting to the
amount of the cost of abatement within 15 days thereafter. If the cost of abatement is not paid
to the City within 60 days after the date of the notice, the cost of abatement shall certified by
the City Clerk to the Dubuque County Treasurer in the manner of a special assessment
against the property and shall constitute a lien on the property.
Sec. 44-322. Injunctive Relief.
The City Manager may seek equitable relief restraining any person from any activity in
violation of this Article including compelling the performance of abatement or remediation of
such violation.
Sec. 44-323. Violations Deemed A Public Nuisance.
Any condition caused or permitted to exist in violation of any of the provisions of this Article
constitutes a threat to public health, safety, and welfare, and is hereby declared and deemed a
public nuisance.
Sec. 44-324. Remedies Not Exclusive.
The remedies provided in this Article shall not be deemed exclusive of any other remedies
available under any applicable federal, state or local law.
Section 2. This Ordinance shall take effect upon publication.
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Passed, approved and adopted this 20 day of February, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 26 day of February, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 2/26
Memorial Request: Communication from Jeffrey Mozena requesting City consideration of
the construction of a memorial, in partnership with his family, to Kris Ann Mozena McNamer at
Eagle Point Park. Connors moved to receive and file. Seconded by Lynch. Motion carried 7-0.
2011 Iowa League of Cities Conference: City Manager recommending that the City submit a
bid for the 2011 Iowa League of Cities Conference and Exhibit and that a City Council Member
serve as the City’s representative in planning the conference. Michalski moved to receive, file,
approve submission of bid, and appoint Council Member Connors as the Council
representative. Seconded by Connors. Motion carried 7-0.
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Iowa League of Cities: Communication from the Iowa League of Cities appointing Council
Member Pat Cline to serve as one of Iowa’s representatives on the Energy, Environment and
Natural Resources (EENR) Committee. Motion by Lynch to receive, file, and approve.
Seconded by Connors. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Braig reported receiving calls regarding parking difficulties along Delhi Street during the
recent snow storm and relayed concerns from the Old Main District regarding the “New Main”
development in the Port of Dubuque. Jones reported that Delhi Street is very narrow by a large
hospital and that it may be necessary to completely prohibit parking on that street. Cline
reported receiving fewer calls about snow removal and commended staff for their efforts.
CLOSED SESSION
At 8:27 p.m., Jones moved to adjourn to Closed Session regarding Pending Litigation,
Personnel Issue and Property Acquisition – Chapter 21.5(1)(c)(i)(j) 2007 Code of Iowa; and
Collective Bargaining Strategy – Iowa Code Chapter 20.17(3). Seconded by Lynch. Motion
carried 7-0.
Council reconvened in Regular Session at 8:45 p.m. stating that staff had been given proper
direction.
There being no further business, upon motion the meeting was adjourned at 8:46 p.m.
/s/ Jeanne F. Schneider
City Clerk
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