4 16 07 City Coucil Minutes Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session on April 16, 2007, at 6:30 p.m. in the
Public Library Auditorium
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski
City Manager Van Milligen; City Attorney Lindahl
Invocation was provided by Reverend Thomas W. Young, Westminster Presbyterian Church
PROCLAMATIONS
Fair Housing Month (April, 2007) was accepted by Bruce Ray, Iowa HUD Director, 210
Walnut Street, Des Moines; Law Day (May 1, 2007) was accepted by Steve Drahozal,
President, Dubuque County Bar Association, Young Lawyers Division, 799 Main Street;
Laughter Day (May 6, 2007) was accepted by Patrick Sterenchuk, 82 Main Street; Historic
Preservation Month (May, 2007) was accepted by Dave Stuart, Chairperson of the Historic
Preservation Commission, 1492 Locust Street.
PRESENTATION
Aquila Rebate Presentation: Chuck Bandy, Customer Service Supervisor, presented the
City of Dubuque with a rebate check in the amount of $1,240 for meeting the standards of the
Energy Efficiency Rebate Program at the City Garage.
CONSENT ITEMS
Motion by Lynch to receive, file, refer to staff, and adopt resolutions as indicated. Seconded
by Connors. Michalski asked that (#6) U.S. Department of Housing and Urban Development
be held for separate discussion. Jones asked that (#25) Multi-Jurisdictional Drug Task Force
Agreement be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: Airport Commission of 3/26; City Council of 4/2; Civil
Service Commission of 4/5; Electrical Code Board of 3/27; Housing Commission of 3/27;
Human Rights Commission of 3/12; Library Board of Trustees of 2/22; Mechanical Board of
4/7; Zoning Advisory Commission of 4/4; Zoning Board of Adjustment of 3/22; Proof of
publication of City Council Proceedings of 3/19; Library Board of Trustees Update from
Meeting of March 26, 2007; upon motion received and filed.
Notice of Claims/Suits: Loras G. Boge for property damage; Janice Firzlaff for property
damage; Julie Gingrass for property damage; Margaret and Alan Jones for vehicle damage;
David A. Jones for vehicle damage; Paul and Nancy Kaufman for property damage; Michael
and Mary Ann Koch for property damage; Mike and Sue McGinnis, on behalf of Thelma
McGinnis, for personal injury. 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: Loras Boge for
property damage; Jerome Ehlers for property damage; Janice Firzlaff for property damage;
Julie Gingrass for property damage; Paul and Nancy Kaufman for property damage; Lorraine
Kelleher for property damage; Michael and Mary Ann Koch for property damage; Michael and
Sue McGinnis on behalf of Thelma McGinnis for personal injury; Lori Ziegenfuss for property
damage. Upon motion received, filed, and concurred.
Collective Bargaining Agreement: City Manager recommending approval of an amendment
to the Collective Bargaining Agreement with the Teamsters Union to provide for a work week
that consists of ten (10) hours per day and four (4) days per week for the Airport
Maintenanceworkers and Airport Mechanic. Upon motion received, filed, and approved.
Voluntary Annexation Request – Tri-State Development LLC: City Manager recommending
that the public hearing set for May 7, 2007 to consider a request from Tri-State Development
LLC for voluntary annexation of 1.19 acres of property at 12653 Seippel Road be tabled until
further notice from the applicant. Upon motion received, filed, and tabled.
Riverwalk Security Camera System: City Manager recommending approval of the selection
of Racom to provide the Riverwalk Security Camera System from the Recognition Wall mural
northerly to the Alliant Amphitheater site. Upon motion received, filed, and approved.
U.S. Department of Housing and Urban Development: Communication from the U.S.
Department of Housing and Urban Development (HUD) advising that the City’s 2006
McKinney-Vento Act homeless assistance application has been selected for funding in the
amount of $536,520.00. Michalski quoted from the communication and said that homelessness
is a high priority. Housing and Community Development Director David Harris and his staff
deserve the Council’s attention and praise. Motion by Michalski to receive and file the
documents and send a commendation to the Housing staff. Seconded by Braig. Motion carried
7-0.
Plat of Survey – Finley Home Addition No. 2: City Manager recommending approval of the
Plat of Survey for Lot 1 and Lot 2 of Finley Home Addition No. 2. Upon motion received, filed,
and Resolution No. 201-07 Approving Plat of Survey of Lot 1 and Lot 2 of Finley Home
Addition #2 was adopted.
RESOLUTION NO. 201-07
RESOLUTION APPROVING PLAT OF SURVEY OF LOT 1 AND LOT 2 OF FINLEY HOME
PLACE NO. 2
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat
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dated the 16 day of January, 2007, prepared by IIW Engineers & Surveyors, PC, describing
the proposed division of Lots 24, 25, and 32C of Finley Home Addition; 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 16 day of January, 2007, prepared by IIW Engineers &
Surveyors, PC, relative to the real estate hereinabove described be and the same is hereby
approved, and the Mayor and City Clerk be and they are hereby authorized and directed to
execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right
of ingress and egress thereto, for the purpose of erecting, installing, constructing,
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reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas,
telephone, television cable, fiber optics, and electric lines as may be authorized by the City of
Dubuque, Iowa, over and across the entire Lot 1 of Finley Home Addition No. 2.
Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and
certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa.
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Passed, approved and adopted this 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Memorandum of Agreement – West 32 Street Detention Basin Project: City Manager
recommending that the City negotiate a Memorandum of Agreement with the U.S. Army Corps
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of Engineers and the Iowa State Historic Preservation Office regarding the West 32 Street
Detention Basin Project. Upon motion received, filed, and approved.
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32 Street Detention Basin – Lead Federal Agency for Section 106 Compliance: City
Manager recommending approval of an agreement between the City of Dubuque, the US Army
Corps of Engineers (USACE), and the Iowa Department of Natural Resources (IDNR)
establishing the USACE as the lead federal agency to fulfill the responsibilities under 36 CFR
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Part 800, Section 106 for the West 32 Street Detention Basin Project. Upon motion received,
filed, and approved.
AV Equipment Purchase – Federal Building Renovation Project: City Manager
recommending approval of the acquisition of the Federal Building audiovisual equipment from
Electronic Communication Systems, Inc. of Davenport, Iowa, in the amount of $97,829.21.
Upon motion received, filed, and Resolution No. 202-07 Approving the purchase and
installation of audiovisual equipment for the Federal Building Renovation Project (CIP
1001841) was adopted.
RESOLUTION NO. 202-07
APPROVING THE PURCHASE AND INSTALLATION OF AUDIOVISUAL EQUIPMENT FOR
THE FEDERAL BUILDING RENOVATION PROJECT (CIP 1001841)
Whereas, the City Manager recommends the purchase and installation of audiovisual
equipment from Electronic Communication Systems, Inc. of Davenport, Iowa, for a purchase
price of $97,829.21, for the Federal Building Renovation Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBQUE, IOWA:
Section 1. That the purchase and installation of audiovisual equipment from Electronic
Communication Systems, Inc. of Davenport, Iowa, for the purchase price of $97,829.21 is
hereby approved.
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Passed, approved and adopted this 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Federal Building Renovation – Housing and Community Development Department
Furnishings: City Manager recommending approval of the purchase and installation of
furnishings for the Housing and Community Development Department as part of the Federal
Building Renovation Project. Upon motion received, filed, and Resolution No. 203-07
Approving the purchase of the furnishings for the Housing and Community Development
Department as part of the Federal Building Renovation Project (CIP 1001841) was adopted.
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RESOLUTION NO. 203-07
APPROVING THE PURCHASE OF THE FURNISHINGS FOR THE HOUSING &
COMMUNITY DEVELOPMENT DEPARTMENT AS PART OF THE FEDERAL BUILDING
RENOVATION PROJECT (CIP 1001841)
Whereas, the City Manager recommends the purchase of furnishings as part of the Federal
Building Renovation Project for the Housing & Community Development Department from
KOR Office Interiors of Cedar Rapids, Iowa, for a purchase price of $127,221.28.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBQUE, IOWA:
Section 1. That the purchase of furnishings for the Housing & Community Development
Department from KOR Office Interiors of Cedar Rapids, Iowa, for the purchase price of
$127,221.28 is hereby approved.
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Passed, approved and adopted this 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Iowa Great Places – Memorandum of Understanding: City Manager recommending
approval of a draft Memorandum of Understanding between the City and the State of Iowa for
the Iowa Great Places Program and approval to finalize this agreement, and as long as there
are no material changes, to execute the agreement. Upon motion received, filed, and
approved.
Eagle Point Park Roofing Project: City Manager recommending acceptance of the Eagle
Point Park Roofing Project as completed by Kluck Construction, Inc., in the final contract
amount of $54,645.50. Upon motion received, filed, and Resolution No. 204-07 Accepting
improvement and Resolution No. 205-07 Approving final estimate were adopted.
RESOLUTION NO. 204-07
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the Eagle Point Park Roofing Project has been completed and
the City Manager has examined the work and filed his certificate stating that the same has
been completed according to the terms of the contract, plans and specifications and
recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. That the recommendation of the City Manager be approved and that said improvement
be and the same is hereby accepted.
BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to
the contractor from the General Fund in amount equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 16th day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
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RESOLUTION NO. 205-07
FINAL ESTIMATE
WHEREAS, the contract for the Eagle Point Park Roofing Project has been completed and
the Engineer has submitted his final estimate showing the cost thereof including the cost of
estimates, notices and inspection and all miscellaneous costs.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is hereby determined to be $54,645.50, and
the said amount shall be paid from the General Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 16th day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
University of Dubuque Indemnification Agreement: City Manager recommending approval of
the Mutual Indemnification Agreement with the University of Dubuque for use of their facilities
for various recreation programs. Upon motion received, filed, and approved.
Dubuque Water Ski Club Lease: City Manager recommending approval of a one-year lease
with the Dubuque Water Ski Club. Upon motion received, filed, and approved.
Request for Proposals – Financial Services: City Manager recommending approval of the
issuance of a Request for Proposals for the City’s Financial Services. Upon motion received,
filed, and approved.
Legislative Correspondence: Communication to area legislators urging opposition to any bill
which would limit the City’s ability to collect delinquent utility accounts. Upon motion received
and filed.
Amtrak – Letter of Support: Communication to Milt Sees, Acting Secretary of the Illinois
Department of Transportation, in support of the route for Amtrak rail service from Chicago
through Rockford, Freeport, and Galena, Illinois into Dubuque and further requesting that the
Illinois General Assembly provide the initial funding to launch this project. Upon motion
received and filed.
Request for Proposals – 1126 White Street: City Manager recommending approval of the
issuance of a Request for Proposals and creation of a public/private partnership with the
Dubuque Community School District for conversion of the School District property at 1126
White Street to town homes for owner-occupant households. Upon motion received, filed, and
approved.
HUD Regulatory Reform: Communication to The Honorable Alphonso Jackson, Secretary of
the United States Department of Housing and Urban Development Department, accepting an
invitation to become a participant in the Housing and Urban Development’s National Call to
Action for Affordable Housing through Regulatory Reform. Upon motion received and filed.
Food Scrap Recycling Pilot Program: City Manager recommending that the service fee for
the 2007 Food Scrap Recycling Pilot Program be reduced for residential and commercial
customers. Upon motion received, filed, and approved.
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Theisen Supply, Inc.: City Manager recommending approval of the Subordination
Agreement in favor of Theisen’s first mortgage lender, U.S. Bank, N.A., pursuant to the
June 19, 2006 Development Agreement between the City of Dubuque, Chavenelle Warehouse
Development, LLC, and Theisen Supply, Inc. Upon motion received, filed, and approved.
2030 Land Use Map: City Manager recommending approval of a resolution adopting the
2030 Future Land Use Map that was approved after a public hearing on April 2, 2007. Upon
motion received, filed, and Resolution No. 206-07 Approving the 2030 Future Land Use Map of
the City of Dubuque Comprehensive Plan was adopted.
RESOLUTION NO. 206-07
RESOLUTION APPROVING THE 2030 FUTURE LAND USE MAP OF THE CITY OF
DUBUQUE COMPREHENSIVE PLAN.
Whereas, the Long Range Planning Advisory Commission has recommended adoption of
the 2030 Future Land Use Map of the City of Dubuque Comprehensive Plan; and
Whereas, City Council has adopted the 2030 Future Land Use Map of the City of Dubuque
Comprehensive Plan after a public hearing.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby does approve the 2030 Future Land Use Map of the City
of Dubuque Comprehensive Plan.
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Passed, approved and adopted this 16 day of April 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Purchase of Equipment: City Manager recommending approval of the purchase of two
31,000 GVW dump trucks and associated equipment from the low bidder, Hawkeye Truck and
Henderson Truck Equipment, in the amount of $182,265. Upon motion received, filed, and
Resolution No. 207-07 Approving expenditures in excess of $25,000 for certain purchases of
goods and equipment was adopted.
RESOLUTION NO. 207-07
APPROVING EXPENDITURES IN EXCESS OF $25,000 FOR CERTAIN PURCHASES OF
GOODS AND EQUIPMENT
Whereas, the City Manager recommends the purchase of the following goods and
equipment.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The purchase of the following are hereby approved:
Item Purchase Price Vendor
31,000 GVW $182,265.00 Hawkeye Truck and Henderson Truck
Dump Trucks (2) Equipment
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Passed, approved and adopted this 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Multi-Jurisdictional Drug Task Force Agreement: City Manager recommending approval of
the Multi-Jurisdictional Drug Task Force Agreement between the City of Dubuque, Dubuque
County, City of East Dubuque, Illinois and Jo Daviess County, Illinois. Motion by Jones to
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receive and file the documents and approve the recommendation. Seconded by Connors.
Jones commended the Task Force on its effectiveness. Motion carried 7-0.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Upon motion
received, filed, and Resolution No. 208-07 Approving public improvement contracts and bonds
for Historic Old Main Street – Lighting and Sidewalk Replacement Project, Federal Building
Renovation Project, and Eagle Point Park Fee Collector’s Building Project was adopted.
RESOLUTION NO. 208-07
APPROVING PUBLIC IMPROVEMENT CONTRACTS AND BONDS
Whereas, the City Council has awarded the following public improvement contracts:
1. By Resolution No. 155-07, Public Improvement Contract for the Historic Old Main Street –
Lighting and Sidewalk Replacement Project to Portzen Construction, Inc.; and
2. By Resolution No. 172-07, Public Improvement Contract for the Federal Building
Renovation Project to Tricon General Construction; and
3. By Resolution No. 169-07, Public Improvement Contract for the Eagle Point Park Fee
Collector’s Building Project to Klauer Construction Company; and
Whereas, the Contractors have submitted the attached executed Public Improvement
Contracts and bonds.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The Public Improvement Contracts and bonds attached hereto are hereby approved.
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Passed, approved and adopted this 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Business License Refunds: David H. Hoffman, The White House – Cigarette License; --
Judy Wagner, Wagner Copper Kettle – Beer and Liquor License; Eddie Hwang, Taiko’s – Beer
Permit. Upon motion received, filed, and approved.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion received, filed, and Resolution No. 209-07 Granting the issuance of
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a Class C Beer Permit to 16 Street Auto/Truck Plaza, Tobacco Outlet Plus, and Lien Oriental
American; and Resolution No. 210-07 Granting the issuance of a Class A Liquor License to
Dubuque Moose Lodge #355; Class C Beer/Liquor License to Carlos O’Kelly’s (2-Day Outdoor
Service), DaVinci’s Restaurant and Lounge, Catfish Charlie’s, Sublime, Whiskey River, Olive
Garden and Lot One; and Class B Wine Permit to Carroll’s Wine Company were adopted.
RESOLUTION NO. 209-07
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
CLASS “C” BEER PERMIT
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Mulgrew Oil Company 16 St Auto/Truck Plaza+(Sunday Sale) 1215 E. 16 St.
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Kwik Trip Inc Tobacco Outlet Plus+(Sunday Sale) 806 Wacker Dr.
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Oriental Food & Gift Corp Lien Oriental American+(Sunday Sale) 115 W 11 St.
Passed, approved and adopted this 16th day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 210-07
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 “A”
LIQUOR LICENSE
Dubuque Loyal Order Dubuque Moose Ldge # 355+( Sunday 2635 Windsor Ave.
of Moose Sale)
CLASS “C”
BEER/LIQUOR LICENSE
Carlos O’Kelly’s Inc Carlos O’Kelly’s(2 Days Outdoor 1355 Associates Dr.
Service)
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DaVinci’s Management DaVinci’s Rest.& Lounge+(Sunday Sale) 395 W 9 St.
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Catfish Charlie’s LLC Catfish Charlie’s+(Sunday/Outdoor 1630 E 16 St.
Sale)
Club Sublime Sublime+(Sunday Sale) 3203 Jackson St.
Chad Streff Whiskey River+(Sunday Sale) 1064 University Ave.
GMRI Inc Olive Garden #1516+(Sunday Sale) 3350 Dodge St.
Lot One LLC Lot One+(Sunday Sale) 100 Main St.
CLASS “B”
WINE
Carroll’s Wine Carroll’s Wine Company 123 Main St.
Company
Passed, approved and adopted this 16th day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Cline to receive and file the documents, adopt resolutions, set public hearings as
specified, and direct the City Clerk to publish notice in the manner prescribed by law.
Seconded by Lynch. Motion carried 7-0.
Fiscal Year 2007 Budget Amendment: City Manager recommending that a public hearing be
set for May 7, 2007 to consider approval of the second amendment to the Fiscal Year 2007
operating budget. Upon motion received, filed, and Resolution No. 211-07 Setting the date for
the public hearing on Amendment No. 2 to the Fiscal Year 2007 budget for the City of Dubuque
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was adopted setting a public hearing at a meeting to commence at 6:30 p.m. on May 7, 2007,
in the Public Library Auditorium.
RESOLUTION NO. 211-07
SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE
FISCAL YEAR 2007 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and
place for a public hearing on amendments to the budget and publish notice before the hearing
as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on proposed Amendment
No. 2 to the Fiscal Year 2007 budget for the City of Dubuque at the Carnegie Stout Public
Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Monday, May 7, 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 16 day of April 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
White Water Creek Bridge Project Phase II – Lead Paint Removal, Cleaning and Painting:
City Manager recommending initiation of the public bidding process for the White Water Creek
Bridge Relocation Project Phase II – Lead Paint Removal, Cleaning and Painting and that a
public hearing on the plans and specifications, form of contract, and estimated cost be set for
May 7, 2007. Upon motion received, filed, and Resolution No. 212-07 Preliminary approval of
plans and specifications, form of contract, and estimated cost for the White Water Creek
Bridge Project Phase II – Lead Paint Removal, Cleaning and Painting; Resolution No. 213-07
Setting date of hearing on plans and specifications, form of contract, and estimated cost for the
White Water Creek Bridge Project Phase II – Lead Paint Removal, Cleaning and Painting; and
Resolution No. 214-07 Ordering the advertisement for bids for the White Water Creek Bridge
Project Phase II – Lead Paint Removal, Cleaning and Painting were adopted setting a public
hearing at a meeting to commence at 6:30 p.m. on May 7, 2007, in the Public Library
Auditorium.
RESOLUTION NO. 212-07
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE HISTORIC WHITE WATER CREEK BRIDGE RELOCATION
PROJECT – PHASE II, LEAD PAINT REMOVAL, CLEANING AND PAINTING
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
White Water Creek Bridge Relocation Project – Phase II, Lead Paint Removal, Cleaning and
Painting in the estimated amount $30,800.00, are hereby preliminarily approved and ordered
filed in the office of the City Clerk for public inspection.
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Passed, adopted and approved this 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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RESOLUTION NO. 213-07
FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST FOR THE HISTORIC WHITE WATER CREEK
BRIDGE RELOCATION PROJECT – PHASE II, LEAD PAINT REMOVAL, CLEANING AND
PAINTING
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 White Water
Creek Bridge Relocation Project – Phase II, Lead Paint Removal, Cleaning and Painting (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:
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That a public hearing will be held on the 7 day of May, 2007, at 6:30 p.m. in the Public
Library Auditorium at which time interested persons may appear and be heard for or against
the proposed plans and specifications, form of contract and estimated cost of said Project, and
the City Clerk be and is hereby directed to cause the attached notice of the time and place of
such hearing to be published in a newspaper having general circulation in the City of Dubuque,
Iowa, which notice shall be published not less than four days nor more than twenty days prior
to the date of such hearing. At the hearing, any interested person may appear and file
objections to the proposed plans, specifications, form of contract, or estimated cost of the
Project.
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Passed, adopted and approved this 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 214-07
ORDERING THE ADVERTISEMENT FOR BIDS FOR THE HISTORIC WHITE WATER
CREEK BRIDGE RELOCATION PROJECT – PHASE II, LEAD PAINT REMOVAL,
CLEANING AND PAINTING
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the White Water Creek Bridge Relocation Project – Phase II, Lead Paint Removal,
Cleaning and Painting is hereby ordered to be advertised for bids for construction.
BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall
be in an amount which shall conform to the provisions of the Notice to Bidders hereby
approved.
That the City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
published more than twenty days but not more than forty-five days before the date for filing
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bids at 2:00 p.m. on the 10 day of May, 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 6:30 p.m. on the
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21 day of May, 2007, in the Public Library Auditorium, 360 West 11 Street, Dubuque, Iowa.
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Passed, adopted and approved this 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Rush Street Reconstruction Project: City Manager recommending initiation of the public
bidding process for the Rush Street Reconstruction Project and that a public hearing on the
plans and specifications, form of contract, estimated cost and Resolution of Necessity be set
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for May 7, 2007. Communication from Daniel D. and Millie Boge, 333 Villa Street, requesting
that the City Council exempt their property from the directive requiring installation of a sidewalk
when replacing a street. Upon motion received, filed, and Resolution No. 215-07 Preliminary
approval of plans and specifications, form of contract, and estimated cost for the Rush Street
Reconstruction Project; Resolution No. 216-07 Setting date of hearing on plans and
specifications, form of contract, and estimated cost for the Rush Street Reconstruction Project;
Resolution No. 217-07 Ordering the advertisement for bids for the Rush Street Reconstruction
Project; Resolution No. 218-07 Approving the plats, schedule of assessments and estimate of
total cost for the Rush Street Reconstruction Project; Resolution No. 219-07 of Necessity for
the Rush Street Reconstruction Project; and Resolution No. 220-07 Fixing date of public
hearing on Resolution of Necessity were adopted setting a public hearing at a meeting to
commence at 6:30 p.m. on May 7, 2007, in the Public Library Auditorium.
RESOLUTION NO. 215-07
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE RUSH STREET RECONSTRUCTION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Rush
Street Reconstruction Project, in the estimated amount $2,172,625.99, are hereby preliminarily
approved and ordered filed in the office of the City Clerk for public inspection.
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Passed, adopted and approved this 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 216-07
FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST FOR THE RUSH STREET RECONSTRUCTION
PROJECT
Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval to
the proposed plans, specifications, form of contract, and estimated cost for the Rush Street
Reconstruction Project (the Project) and ordered the same to be on file in the office of the City
Clerk for public inspection.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
th
That a public hearing will be held on the 7 day of May, 2007, at 6:30 p.m. in the Public
Library Auditorium at which time interested persons may appear and be heard for or against
the proposed plans and specifications, form of contract and estimated cost of said Project, and
the City Clerk be and is hereby directed to cause the attached notice of the time and place of
such hearing to be published in a newspaper having general circulation in the City of Dubuque,
Iowa, which notice shall be published not less than four days nor more than twenty days prior
to the date of such hearing. At the hearing, any interested person may appear and file
objections to the proposed plans, specifications, form of contract, or estimated cost of the
Project.
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Passed, adopted and approved this 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
11
RESOLUTION NO. 217-07
ORDERING THE ADVERTISEMENT FOR BIDS FOR THE RUSH STREET
RECONSTRUCTION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Rush Street Reconstruction Project is hereby ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall
be in an amount which shall conform to the provisions of the Notice to Bidders hereby
approved.
That the City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
published more than twenty days but not more than forty-five days before the date for filing
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bids at 2:00 p.m. on the 10 day of May, 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 6:30 p.m. on the
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21 day of May, 2007, in the Public Library Auditorium, 360 West 11 Street, Dubuque, Iowa.
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Passed, adopted and approved this 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 218-07
APPROVING THE PLATS, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL
COST FOR THE RUSH STREET RECONSTRUCTION PROJECT
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plats, schedule of assessments, and estimate of total cost for the Rush
Street Reconstruction Project are hereby approved.
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Passed, approved and adopted this 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 219-07
RESOLUTION OF NECESSITY FOR THE RUSH STREET RECONSTRUCTION PROJECT
Whereas, the plat, schedule of assessments, and estimate of total cost for the Rush Street
Reconstruction Project have been duly prepared and approved by the City Council of the City
of Dubuque and ordered placed on file in the office of City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The Rush Street Reconstruction Project - Bryant Street to Villa Street will provide for the
reconstruction of underground utilities, roadway sub-base and the construction of a new 37-
foot wide concrete roadway between Bryant Street and Villa Street.
The project will be constructed in two phases. Phase I of the project will include the
complete reconstruction of all underground utilities and mainline roadway construction from
Bryant Street to Union Street. During Phase l, the contractor will not be able to do any
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construction from Bryant Street to Plum Street until the last day of school which is June 6,
2007. All work in the Phase l section will need to be completed from Bryant Street to Plum
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Street before school opens on August 24, 2007. The Phase I section of the project is
12
anticipated to be completed by November 16, 2007 and open to local residents and vehicular
traffic during the winter weather season.
Phase II of the project will include the complete reconstruction of all underground utilities
and mainline roadway construction from Union Street to Villa Street. The Phase II section of
rd
work is anticipated to be completed by July 3, 2008 and open to local residents and vehicular
traffic.
The project will incorporate upgrades to the existing sanitary sewer system that include: the
complete reconstruction of approximately 3,065 lineal feet of 8-inch mainline sewer; the
reconstruction of 13 deteriorated brick manholes; and the replacement of 73 private sanitary
sewer laterals. The cost for the individual sanitary sewer lateral replacements will be assessed
to each respective private property owner.
The project will also include the reconstruction of approximately 4,000 lineal feet of
watermain, mainline valves, fire hydrants, and the replacement of 23 lead residential water
services. The cost of the individual lead residential water service replacements will be
assessed to each respective private property owner.
The project also provides for the construction of approximately 2,425 lineal feet of new
storm sewer and 28 catch basins to improve the storm water conveyance in the area; the
installation of fiber optics and telecommunications conduit infrastructure; and the replacement
of existing sidewalks along both sides of Rush Street.
There is on file in the office of the City Clerk an estimated total cost of the work, and a
preliminary plat and schedule showing the amount proposed to be assessed to each lot for the
improvement.
The date, time, and place the council will hear property owners subject to the assessment
and interested parties for or against the improvement, its cost, the assessment, or the
boundaries of the district:
That the City Council deems it advisable and necessary for the public welfare to make the
herein mentioned improvements.
Unless a property owner files objections with the City Clerk at the time of hearing on the
resolution of necessity, the property owner is deemed to have waived all objections pertaining
to the regularity of the proceeding and the legality of using the special assessment procedure.
Said improvements shall be constructed in accordance with the plans and specifications
which have been approved by the City Council and are now on file in the Office of the City
Clerk. The cost of making such improvement will be assessed against property lying with the
assessment limits.
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Approved and ordered, placed on file with the City Clerk this 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 220-07
FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval
to the plat, schedule of assessments, and estimated total cost for the Rush Street
Reconstruction Project and ordered the plat, schedule of assessments, and estimate of total
cost placed on file in the Office of the City Clerk; and
Whereas, the proposed Resolution of Necessity for Project has been introduced and is now
on file in the Office of the City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
13
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The City Council will meet on the 7 day of May, 2007, at the Public Library Auditorium, 360
th
West 11 Street, Dubuque, Iowa, at which time the owners of property subject to assessment
for the proposed improvement or any other person having an interest in the matter may appear
and be heard for or against the making of the improvement, the boundaries of the district, the
cost, the assessment against any lot, or the final adoption of a resolution of necessity.
A property owner will be deemed to have waived all objections unless at the time of hearing
the property owner has filed objections with the City Clerk.
The City Clerk be and is hereby authorized and directed to cause a notice of the time and
place of such hearing to be published in a newspaper having general circulation in the City of
Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks,
the first publication of which shall be not less than ten days prior to the day fixed for its
consideration.
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Passed, adopted and approved this 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Asbury Plaza Area Wastewater Pumping Facilities Project: City Manager recommending
initiation of the public bidding process for the Asbury Plaza Area Wastewater Pumping
Facilities Project and that a public hearing on the plans and specifications, form of contract,
and estimated cost be set for May 7, 2007. Upon motion received, filed, and Resolution No.
221-07 Preliminary approval of plans and specifications, form of contract, and estimated cost
for the Asbury Plaza Area Wastewater Pumping Facilities Project; Resolution No. 222-07
Setting date of hearing on plans and specifications, form of contract, and estimated cost for the
Asbury Plaza Area Wastewater Pumping Facilities Project; and Resolution No. 223-07
Ordering the advertisement for bids for the Asbury Plaza Area Wastewater Pumping Facilities
Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May
7, 2007, in the Public Library Auditorium.
RESOLUTION NO. 221-07
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE ASBURY PLAZA AREA WASTEWATER PUMPING
FACILITIES 2007 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 Asbury
Plaza Area Wastewater Pumping Facilities 2007 Project, in the estimated amount
$1,000,470.00, are hereby preliminarily approved and ordered filed in the office of the City
Clerk for public inspection.
th
Passed, adopted and approved this 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 222-07
FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST FOR THE ASBURY PLAZA AREA WASTEWATER
PUMPING FACILITIES 2007 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 Asbury Plaza
14
Area Wastewater Pumping Facilities 2007 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 7 day of May, 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 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 223-07
ORDERING THE ADVERTISEMENT FOR BIDS FOR THEASBURY PLAZA AREA
WASTEWATER PUMPING FACILITIES 2007 PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Asbury Plaza Area Wastewater Pumping Facilities 2007 Project is hereby ordered
to be advertised for bids for construction.
BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall
be in an amount which shall conform to the provisions of the Notice to Bidders hereby
approved.
That the City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
published more than twenty days but not more than forty-five days before the date for filing
th
bids at 2:00 p.m. on the 10 day of May, 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 6:30 p.m. on the
stth
21 day of May, 2007, in the Public Library Auditorium, 360 West 11 Street, Dubuque, Iowa.
th
Passed, adopted and approved this 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
US 20 (Devon Drive to Menards) Capacity Improvements Project – Phase II: City Manager
recommending initiation of the public bidding process for the US 20 (Devon Drive to Menards)
Capacity Improvements Project – Phase II and that a public hearing on the plans and
specifications, form of contract and estimated cost be set for May 7, 2007. Upon motion
received, filed, and Resolution No. 224-07 Preliminary approval of plans and specifications,
form of contract and estimated cost; Resolution No. 225-07 Setting date of hearing on plans
and specifications, form of contract and estimated cost: and Resolution No. 226-07 Ordering
the advertisement for bids for the US 20 (Devon Drive to Menards) Capacity Improvements
Project – Phase II were adopted setting a public hearing for a meeting to commence at 6:30
p.m. on May 7, 2007, in the Public Library Auditorium.
15
RESOLUTION NO. 224-07
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE US 20 (DEVON DRIVE TO MENARDS) CAPACITY
IMPROVEMENTS PROJECT - PHASE II, TRAFFIC SIGNAL AND INTELLIGENT
TRANSPORTATION SYSTEM IMPROVEMENTS (STP-A-020-9(187)--22-31)
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 US 20
(Devon Drive to Menards) Capacity Improvements Project - Phase II, Traffic Signal and
Intelligent Transportation System Improvements (STP-A-020-9(187)--22-31), in the estimated
amount $331,430.00, are hereby preliminarily approved and ordered filed in the office of the
City Clerk for public inspection.
th
Passed, adopted and approved this 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 225-07
FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST FOR THE US 20 (DEVON DRIVE TO MENARDS)
CAPACITY IMPROVEMENTS PROJECT - PHASE II, TRAFFIC SIGNAL AND INTELLIGENT
TRANSPORTATION SYSTEM IMPROVEMENTS (STP-A-020-9(187)--22-31)
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 US 20 (Devon
Drive to Menards) Capacity Improvements Project - Phase II, Traffic Signal and Intelligent
Transportation System Improvements (STP-A-020-9(187)--22-31) (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 7 day of May, 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 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 226-07
ORDERING THE ADVERTISEMENT FOR BIDS FOR THEUS 20 (DEVON DRIVE TO
MENARDS) CAPACITY IMPROVEMENTS PROJECT - PHASE II, TRAFFIC SIGNAL AND
INTELLIGENT TRANSPORTATION SYSTEM IMPROVEMENTS (STP-A-020-9(187)--22-31)
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
16
That the US 20 (Devon Drive to Menards) Capacity Improvements Project - Phase II, Traffic
Signal and Intelligent Transportation System Improvements (STP-A-020-9(187)--22-31) 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, to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-
five days prior to the receipt of said bids by the Iowa Department of Transportation by 10 a.m.
th
Central Time on the 15 day of May, 2007. Bids shall be opened and read by the Iowa
th
Department of Transportation at 10:30 a.m. Central Time on the 15 day of May, 2007, and
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will be submitted to the Council for final action at 6:30 p.m. on the 4 day of June, 2007.
th
Passed, adopted and approved this 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions: Airport Commission, One unexpired
term through September 14, 2008 – Term of Goodmann. Applicants: Sue Czeshinski, Terry
Mozena, Eric Savage, Timothy Rink. By vote of 7-0 Sue Czeshinski was appointed to a 4-year,
unexpired term through September 14, 2008. Jones hoped to see the applicants at upcoming
vacancies.
Mediacom Cultural Foundation: Two expired one-year terms through December 31, 2007 –
Terms of Hall and Fabricius. Applicants: Gail Chavenelle, Tom Goodman, Rich Hall, Michele
McKinlay, Gene Perry, Edwin Ritts, John (Jac) Tilton, Vince Williams, John Woodin, and Cathy
Goodman. Gail Chavenelle (4 votes) and Rich Hall (5 votes) were appointed to 1-year, expired
terms through December 31, 2007. Cline recognized the quality of the applicants and hoped to
see the applicants at upcoming vacancies
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
827 Garfield Avenue – Request to Rezone: Proof of publication on notice of hearing to
consider rezoning property located at 827 Garfield Avenue from R-2A Two-Family Residential
District to R-3 Moderate Density Multi-Family Residential District as requested by Alex
Finch/John Finch and Zoning Advisory Commission recommending approval. Motion by
Connors to receive and file the documents and that the requirement that a proposed ordinance
be considered and voted on for passage at two Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by Cline. Motion carried 7-0. Motion by Connors
for final consideration and adoption of Ordinance No. 15-07 Amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described
property located at 827 Garfield Avenue from R-2A Two-Family Residential District to R-3
Moderate Density Multi-Family Residential District. Seconded by Braig. Staff report was given
by Kyle Kritz, Planning Services. Alex Finch, 827 Garfield Avenue, spoke in support of the
request to rezone. Motion carried 7-0.
17
OFFICIAL PUBLICATION
ORDINANCE NO. 15-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 827 GARFIELD AVENUE FROM R-2A ALTERNATE TWO-
FAMILY RESIDENTIAL DISTRICT TO R-3 MODERATE DENSITY MULTI-FAMILY
RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter-described property from R-2A
Alternate Two-Family Residential District to R-3 Moderate Density Multi-Family Residential
District, to wit: Northeast 11.8’ of Lot 7 and Lot 8 Dreibilbies Addition, and to the centerline of
the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
th
Passed, approved and adopted this 16 day of April, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 20 day of April, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 4/20
Kivlahan Farms LC – Request to Rezone: Proof of publication on notice of hearing to
consider rezoning property located at the southwest corner of the Northwest Arterial / John F.
Kennedy Road intersection from AG Agricultural District to R-1 Single-Family Residential
District as requested by Kivlahan Farms LC and Zoning Advisory Commission recommending
approval. Motion by Connors to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0.
Motion by Connors for final consideration and adoption of Ordinance No. 16-07 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at the southwest corner of the Northwest
Arterial / John F. Kennedy Road intersection from AG Agricultural District to R-1 Single-Family
Residential District. Seconded by Lynch. Staff report was given by Kyle Kritz, Planning
Services. John Kivlahan, 4922 Wildflower Drive, spoke in support of the rezoning request.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 16-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED NORTH OF DAVID DRIVE FROM AG AGRICULTURAL DISTRICT
TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
18
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter-described property from AG
Agricultural District to R-1 Single-Family Residential District, to wit: Lot 1 of 1 of 1 of 1 of 1 of 1
of 1 of 1 of 1 of 1-9 NE ¼ Section 16 T89N, R2E Lands Inside and Lot 2 of 2 of Helen E. and
Mary H. Stewart Subdivision, and to the centerline of the adjoining public right-of-way, all in the
City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
th
Passed, approved and adopted this 16 day of April, 2007.
/s/Roy D. Buol, Mayor:
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald the 20 day of April, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 4/20
Text Amendment - Design Standards for “Big Box” Retail Uses: Proof of publication on
notice of hearing to consider a request from the City of Dubuque to amend Section 3-5.5 of the
Zoning Ordinance, Planned Unit Development, Design Standards for “Big Box” Retail uses and
Zoning Advisory Commission recommending approval. Motion by Michalski to receive and file
the documents and that the requirement that a proposed ordinance be considered and voted
on for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Braig. Motion carried 7-0. Motion by Michalski for final consideration
and adoption of Ordinance No. 17-07 Amending Appendix A (the Zoning Ordinance) of the City
of Dubuque Code of Ordinances by adding new language regulating “Big Box” retail uses to
the Planned Unit Development District, and Ordinance No. 18-07 Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Section 8
Definitions, by adding a definition for retail commercial uses. Seconded by Braig. Staff report
was given by Kyle Kritz, Planning Services. Cline questioned the 60,000 square foot minimum
requirement when so many older buildings are smaller than that. Michalski said that this won’t
fix past mistakes, but that the Unified Development Code should also address vacant buildings
less than 60,000 sq. ft. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 17-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY ADDING NEW LANGUAGE REGULATING “BIG
BOX” RETAIL USES TO THE PLANNED UNIT DEVELOPMENT DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances
is hereby amended by amending Section 3-5.5 (B) modifying the General Requirements for
establishing Planned Unit Development Districts, as follows:
3-5.5 Planned Unit Development District (PUD)
(B) General Requirements: A PUD may be established on any parcel over two (2)
acres for residential, office, commercial or industrial development. A PUD is required for
all retail commercial uses open to the public or members which have over sixty
thousand (60,000) square feet of building area,. A PUD is also required for regional
19
shopping centers, multi-family structures over twelve (12) units per building, biofuels
production facilities, new industrial parks and new office parks.
Any structure existing at the time of adoption of this ordinance which is expanded for
retail commercial use to over sixty thousand (60,000) square feet of building area and
which expansion constitutes an increase of twenty five percent (25%) or more to the
building area shall be subject to these General Requirements , including rezoning to
PUD.
Such PUD district designation(s) shall be shown on the Official Zoning Map as a P
followed by a letter designating the primary use, C (commercial), O (office), I (industrial),
or R (residential); therefore, showing a PR, PO, PI or PC designation.
Section 2. Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances
is hereby amended by adding new Sections 3-5.5(D)(4) and 3-5.5(D)(5), which establish
special conditions for retail commercial uses and regional shopping centers and design
standards for “big box” retail uses as follows:
3-5.5(D) Development Regulations:
(4) Special Conditions for Retail Commercial Uses and Regional Shopping Centers:
Special conditions shall apply to retail commercial uses over sixty thousand (60,000)
square feet of building area and to regional shopping centers:
(a) Sales and display areas. No area outside of the building other than the
front facade may be used for the sales or display of merchandise unless a
temporary use permit has been obtained from the City of Dubuque.
(b) Sidewalks, walkways, entrances and gathering areas. Sidewalks adjacent
to the front facade shall be not less than ten (10) feet wide and shall connect by
sidewalks not less than five (5) feet wide to public sidewalks and adjoining retail
buildings. Sidewalks shall be concrete or other approved hard surface; asphalt
shall be prohibited. Walkways, entrances, and gathering areas shall have shade
features other than landscaping, such as trellis structures, projecting canopies,
covered arcades and porticos.
(c) Transit facilities. The building site shall include a bus and paratransit
stop/transfer point at a location adjacent to the building approved by the City
Manager. A shelter that is consistent in design and construction with the building
shall be installed at the property owner’s expense at the sole discretion of the
City Manager. It shall be within the sole discretion of the City Manager whether it
is used as a bus and paratransit stop and/or transfer point and at what time it
shall be used. An easement or other arrangement acceptable to the City shall be
granted for location, maintenance, and unrestricted use of said transit facilities by
the City transit system. These facilities may be installed at any point in time at the
sole discretion of the City Manager.
(d) Bicycle paths and parking. The building site shall include bicycle paths
connected to the City’s planned and existing bike trail system. Flexibility in the
timing of construction of said bicycle paths may be allowed at the sole discretion
of the City Manager. Unless the paths are exclusively for bicycle use, they shall
be appropriately marked with painted lanes. The building site shall include
sheltered bicycle areas with rack(s) for securing bicycles located near the
entrance to the building.
3-5.5(D) Design Standards for “Big Box” Retail Uses. Prior to the commencement of
construction of any retail commercial uses or regional shopping centers which have
over one hundred thousand (100,000) square feet of building area, the applicant shall
submit plans for construction for review by the City Council.
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Any structure existing at the time of adoption of this ordinance which is expanded for
retail commercial use to over one hundred thousand (100,000) square feet of building
area and which expansion constitutes an increase of twenty five percent (25%) or more
to the building area shall be subject to these Design Standards.
The applicant shall not commence any such construction unless the City Council
determines that the plan complies with the following standards for aesthetic and visual
characteristics:
Definitions of façades. For purposes of this section, the façades of a building
shall be defined as follows:
i. Façade. The portion of any exterior elevation on the building
extending from grade to the top of the parapet, wall or eaves and
extending the entire length of the building.
ii. Front façade. The front or principal face of a building, containing the
main entrance; any building face, which can be touched by a line drawn
perpendicular to street (public or private).
iii. Side façade. The face of a building extending from the front façade
to the rear façade of the building.
iv. Rear façade. The face of a building extending along the rear of the
lot or site, containing employee and service entrances, loading docks,
etc.
b) Façades. The building facades shall be designed in a way that will reduce
the massive scale and minimize a uniform and impersonal appearance of the
building, and that will provide visual interest consistent with the community's
identity, character, and scale.
Façades of one hundred (100) feet or longer shall be broken up with
projections or recessions not less than five (5) feet in depth, and in sufficient
number, to reduce the unbroken massing into lengths of forty (40) feet or less
along all sides of the building. Projections from the facade can be used as an
alternate approach.
The front façade shall include windows, arcades, awnings, projecting
canopies, covered walkways, porticos, or other acceptable features along at
least sixty percent (60%) of the front façade length and over at least twenty five
percent (25%) of the front façade area.
Except for entrances to the building, any part of the front façade higher than
eleven (11) feet shall give the visual exterior appearance of having more than
one floor for each additional eleven (11) feet in height, i.e., a twenty-two (22)
foot high building shall give the appearance of a two-story building.
Arcades and other weather protection features shall be of sufficient depth and
height to provide a light-filled and open space along the front façade.
Architectural treatment, similar to that provided to the front façade, shall be
provided to the side façades to mitigate any negative view from any location off-
site and any public area (e.g. parking lots, walkways, etc.) on site.
A landscape buffer of evergreens approved by the City Council shall be
required along the property line to screen service areas and rear facades from
the adjacent property.
c) Detail features. The building shall include architectural features that
contribute to visual interest at the pedestrian scale and reduce the massive
aesthetic effect by breaking up the building wall, front, and side, with color,
texture change, wall offsets, reveals, or projecting ribs.
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d) Roofs. The roof design shall provide variations in rooflines, add interest to,
and reduce the massive scale of, large buildings. Roofs shall include two (2) or
more roof planes. Parapet walls shall be architecturally treated to avoid a plain,
monotonous look.
The roof design shall further provide for a green roof, herein defined as a roof
of a building that is not less than fifty percent (50%) covered with vegetation and
soil, or a growing medium, planted over a waterproofing membrane. It may also
include additional layers such as a root barrier and drainage and irrigation
systems.
Unhealthy or dead vegetation shall be removed within seven (7) days and
replaced with suitable new plant materials at the earliest practical time, but not
longer than nine (9) months, based on the appropriate season.
e) Materials and color. The building shall have exterior building materials and
colors that are aesthetically pleasing and compatible with materials and colors
that are used in adjoining neighborhoods. This includes the use of high-quality
materials and colors that are low reflective, subtle, neutral, or earth tone. Certain
types of colors shall be avoided such as fluorescent or metallic although brighter
colors in limited quantities may be used on building trim and as accents at the
discretion of the City Council. Construction materials such as tilt-up concrete,
smooth-faced concrete block, prefabricated steel panels, and other similar
materials shall be avoided unless the exterior surface incorporates an
acceptable architectural treatment. Not less than seventy-five percent (75%) of
the front of the building and fifty percent (50%) of the sides of the building shall
be brick or stone.
f) Entryways. The building design shall provide design elements which
clearly indicate to customers where the entrances are located and which add
aesthetically pleasing character to buildings by providing highly-visible customer
entrances.
g) Screening of mechanical equipment. Mechanical equipment shall be
screened to mitigate noise and views in all directions. If roof-mounted, the
screen shall be designed to conform architecturally to the design of the building
either with varying roof planes or with parapet walls. A wood fence or similar
treatment is not acceptable.
h) Parking lots. Parking lots fronting on public streets shall be set back 12
feet from the right-of-way and eight (8) feet from internal drives measured from
the edge of the paving. A landscaped buffer strip at least twelve (12) feet wide
shall be provided between all surface parking areas and the sidewalk or street.
The buffer strip shall consist of landscaped earth berms, shade trees, low
shrubs and/or perennial flowers (3 feet in height maximum), and a decorative
metal fence no more than 4 feet high supported between decorative masonry
columns. Use of biofiltration methods of landscape and drainage is encouraged.
A landscape buffer at least twelve (12) feet wide shall be provided along the
rear and sides of all surface parking lots. The area shall be planted with shade
trees, coniferous trees, and deciduous and/or evergreen shrubs.
Parking bays in excess of eleven (11) spaces in length shall be divided by
intermediate landscaped islands at intervals of eleven (11) spaces. For single
parking bays, landscaped islands shall provide at least one parking space of
landscape area (9 x 18 feet) and shall be planted with one ornamental/dwarf
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tree, low shrubs, perennial flowers and/or ground cover/ornamental grasses (3
feet in height max.).
For double parking bays, both the end landscaped islands and the
intermediate landscaped islands shall provide a double parking space of
landscape area (9 x 36 feet) and shall be planted with one shade tree or two
ornamental/dwarf trees, low shrubs, perennial flowers and/or ground
cover/ornamental grasses (3 feet in height maximum).
All parking lot landscaping shall comply with City standards, be mulched to a
depth of 4 inches with high quality, finely shredded mulch and shall be watered
by an automatic, underground irrigation system.
Unhealthy or dead landscape plantings shall be removed as soon as
possible (within seven (7) days). Unhealthy landscape plantings and lawns
shall be replaced with suitable new plant materials at the earliest practical time
(within maximum of nine (9) months) based on the appropriate season.
i) Employee parking. The applicant shall provide for employee parking
behind the building.
j) Amenities. The building site shall include at least one public gathering
space, such as a patio seating area, pedestrian plaza with benches, outdoor
play area, and not less than two public space amenities, such as kiosks, a water
feature, a clock tower, or a landscaped site for public artwork. Pedestrian public
space shall be shaded, landscaped, and screened. The size of the public
gathering space shall not be less than one percent (1%) of the gross enclosed
building area.
Any conflict between these standards and the PUD Ordinance shall be
resolved in favor of the stricter standard.
In determining whether the plan complies with the above standards, the City
Council may accept alternative or substitute features which have a comparable
aesthetic and visual effect in light of the location and topography of a particular
site.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 4. This ordinance shall take effect immediately upon publication, as provided by
law.
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Passed, approved and adopted this 16 day of April, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald the 20 day of April, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 4/20
OFFICIAL PUBLICATION
ORDINANCE NO. 18-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 8 DEFINITIONS, BY
ADDING A DEFINITION FOR RETAIL COMMERCIAL USES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances
is hereby amended by adding a new definition to Section 8 as follows:
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Retail Commercial Uses: A stand-alone building with a large parking lot or a part
of a larger commercial center, including but not limited to: department store,
grocery store, supermarket, wholesale club operation, discount store, general
merchandise retailer, specialized product store (i.e., – electronics, building
materials or pet supplies), outlet store, general merchandise wholesaler open to the
public, warehouse club, and similar uses.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
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Passed, approved and adopted this 16 day of April,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 20 day of April, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 4/20
Text Amendment – Establishing Standards for Biofuels Production Facilities: Proof of
publication on notice of hearing to consider a request from the City of Dubuque to amend
Section 3-5.5 of the Zoning Ordinance, Planned Unit Development, establishing standards for
biofuels production facilities and Zoning Advisory Commission recommending approval. Motion
by Connors to receive and file the documents as amended and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be passed be suspended. Seconded by Jones. Staff report was
given by Kyle Kritz, Planning Services. Michalski recommended the words “but not limited to”
be added before “biofuels production.” Motion carried 7-0. Motion by Jones for final
consideration and adoption of Ordinance No. 19-07 Amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of Ordinances by adding new language establishing
standards for biofuels production facilities to the Planned Unit Development District as
amended. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 19-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY ADDING NEW LANGUAGE ESTABLISHING
STANDARDS FOR BIOFUELS PRODUCTION FACILITIES TO THE PLANNED UNIT
DEVELOPMENT DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by adding a new Section 3-5.5 (D)(6) which establishes
standards for Biofuels Production Facilities as follows:
3-5.5(D)(6) Standards for Biofuels Production Facilities. Prior to the commencement
of construction of any biofuels (including, but not limited to, ethanol and biodiesel)
production facility, the applicant shall submit plans for construction for review by the City
Council. The applicant shall not commence any such construction unless the City
Council determines that the plan complies with the following standards intended to
protect the health, safety, and general welfare of the residents of Dubuque:
a) A traffic impact analysis shall be provided by the applicant.
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b) Access to the facility shall be paved.
c) The applicant shall provide documentation sufficient to demonstrate that
the paving of public right-of-way between the facility and designated truck
route(s) is sufficient to carry, without damage to the roadway, the weight, size
and frequency of the loads of grain and liquid and any by-product entering or
leaving the facility by truck.
d) If the public right-of-way is not capable of carrying the weight, size and
frequency of said loads, then the applicant may be required to make upgrades to
the paving in order for the pavement to handle the weight, size and frequency of
said loads.
e) The applicant shall acquire sufficient right-of-way and construct all turning
lanes and traffic signals necessary to handle the increase in truck traffic.
f) The applicant shall attest in writing that the facility shall be operated and
maintained in compliance with all applicable federal and state environmental
standards and regulations.
g) The applicant shall provide a dimensioned map that indicates the
dispersal of steam, smoke, or other discharge from the facility based on the
prevailing winds, and describe what air pollution control equipment will be
provided. Biomass and natural gas-fired facilities are preferred to coal-fired
facilities.
h) The applicant shall provide a dimensioned site lighting plan indicating
proposed illumination patterns and light levels on the facility site and in the
environs surrounding the site. Illumination of parking and other onsite facilities
shall be controlled by cut-off style luminaries that reduce off-site spillover of light.
Illumination at the property line shall not exceed approximately one footcandle.
i) All fuel storage tanks shall be located in a manner that will not allow for
contamination of any groundwater or surface water.
j) All fuel storage tanks shall be within an impermeable containment levee
system, in a manner compliant with all federal, state, and local rules and
regulations.
Any conflict between these standards and the PUD Ordinance shall be resolved in
favor of the stricter standard.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
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Passed, approved and adopted this 16 day of April, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 20 day of April, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 4/20
2007 Asphalt Paving Project: Proof of publication on notice of hearing to consider adoption
of the plans and specifications, form of contract, and estimated cost for the 2007 Asphalt
Paving Project and City Manager recommending approval. Motion by Cline to receive and file
the documents and adopt Resolution 227-07 Approval of plans and specifications, form of
contract, and estimated cost for the 2007 Asphalt Paving Project. Seconded by Michalski.
Motion carried 7-0.
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RESOLUTION NO. 227-07
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE 2007 ASPHALT PAVING 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 2007
Asphalt Paving Project, in the estimated amount $902,085.38, are hereby approved.
th
Passed, adopted and approved this 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Downtown Streetlight and Traffic Signalization Pole Painting Project: Proof of publication on
notice of hearing to consider adoption of the plans and specifications, form of contract, and
estimated cost for the Downtown Streetlight and Traffic Signalization Pole Painting Project and
City Manager recommending approval. Motion by Connors to receive and file the documents
and adopt Resolution No. 228-07 Approval of plans and specifications, form of contract, and
estimated cost for the Downtown Streetlight and Traffic Signalization Pole Painting Project.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 228-07
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE DOWNTOWN STREETLIGHT & TRAFFIC SIGNALIZATION POLE
PAINTING 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
Downtown Streetlight & Traffic Signalization Pole Painting Project, in the estimated amount
$73,668.54, are hereby approved.
th
Passed, adopted and approved this 16 day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Valentine Park Rest Room Project: Proof of publication on notice of hearing to consider
adoption of the plans and specifications, form of contract, and estimated cost for the Valentine
Park Rest Room Project and City Manager recommending approval and award of the contract
to Mike Strub, Inc., in the amount of $66,662.07. Motion by Connors to receive and file the
documents and adopt Resolution No. 229-07 Approval of plans and specifications, form of
contract, and estimated cost for the Valentine Park Rest Room Project; Resolution No. 230-07
Awarding contract for the Valentine Park Rest Room Project; and Resolution No. 231-07
Approving construction contract with Mike Strub, Inc., for the Valentine Park Rest Room
Project. Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 229-07
RESOLUTION ADOPTING PLANS AND SPECIFICATIONS
WHEREAS, on the 5th day of March, 2007, plans, specifications, form of contract and
estimated cost were filed with the City Clerk of Dubuque, Iowa for the Valentine Park Rest
Room Project.
26
WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost
was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of contract and estimated cost are hereby approved
as the plans, specifications, form of contract and estimated cost for said improvements for said
project.
Passed, approved and adopted this 16th day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 230-07
AWARDING CONTRACT
WHEREAS, sealed proposals have been submitted by contractors for the Valentine Park
Rest Room Project pursuant to Resolution No. 134-07, and notice to bidders published in a
newspaper published in the City of Dubuque, Iowa, on the 9th day of March, 2007.
WHEREAS, said sealed proposals were opened and read on the 5th day of April, 2007, and
it has been determined that the bid of Mike Strub, Inc. in the amount of $66,662.07 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 Mike Strub, Inc., 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 16th day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 231-07
APPROVING CONSTRUCTION CONTRACT WITH MIKE STRUB, INC. FOR THE
VALENTINE PARK REST ROOM PROJECT
Whereas, the City Council by Resolution No. 134-07 awarded the construction contract for
the Valentine Park Rest Room Project to Mike Strub, Inc.; and
Whereas Mike Strub, Inc. 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 16th day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
27
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
North Grandview Dog Park Relocation: Request from Thomas J. Richard, representing the
residents of lower Aspen Court, to address the City Council regarding the relocation of the
North Grandview Avenue Dog Park and submitting a video for City Council review. Motion by
Cline to receive and file the documents and refer to City Manager. Seconded by Connors.
Neighborhood representative Roger Ruden, 1020 Aspen Ct, stated a need to move the park
citing sustained barking, unsafe parking conditions, and the unsightliness of the grounds. Mr.
Ruden presented site selection criteria on successful park models from around the country. He
also said that the neighborhood is in favor of a City dog park, but it is not conducive to a
residential neighborhood or in line with the Council’s mission statement. Connors questioned
the difference between noise from the park and regular traffic noise. Braig said that there is not
sustained barking nor is the park unattractive according to her personal experience with the
park. Leisure Services Manager Gil Spence said that alternative sites are being explored at
th
16 St. and Roosevelt Park. Council concurred to refer the matter to the City Manager for a
recommendation, that included neighborhood input, to be brought back to Council. Motion
carried 7-0.
Newt Marine: Request of Carter Newt, Newt Marine, to address the City Council regarding
the lease extension for Dubuque Terminal, Inc. Motion by Cline to receive and file the
documents and refer to City Attorney. Seconded by Braig. Carter Newt, 1738 Vizaleea, spoke
in favor of the lease extension citing the dependency of three, long-term business contracts
upon this lease. Motion carried 7-0.
Final Plat – Miller Place: Zoning Advisory Commission recommending approval of the final
plat of Lot 1-1 and 2-1 of Miller Place as requested by Weber Surveying, LLC. Motion by Cline
to receive and file the documents and adopt Resolution No. 232-07 Approving the final plat of
Lots 1-1 and 1-2 Miller Place in Dubuque County, Iowa. Seconded by Michalski. Motion carried
7-0.
RESOLUTION NO. 232- 07
RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1-1 AND 1-2 MILLER PLACE IN
DUBUQUE COUNTY, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Lots 1-1 and 1-2 Miller
Place; and
Whereas, the Final Plat has been examined by the Zoning Advisory Commission and has its
approval endorsed thereon, with the waiver of Article IV, Design and Improvement Standards
of the Subdivision Regulations, except for Section 42-19, Blocks and Lots, and installation of a
24-foot wide private street and 37 1/2-foot radius cul-de-sac; and
Whereas, said Final Plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby waives Article IV, Design and Improvement Standards of
the Subdivision Regulations, except Section 42-19, Blocks and Lots, and that a private street
28
(Wood Gate Drive) be constructed to a 24-foot width and 37 1/2-foot radius cul-de-sac and
maintained as part of Miller Place.
Section 2. That the Final Plat of Miller Place is hereby approved and the Mayor and City
Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque,
Iowa, upon said final plat, provided the owners of said property herein named, execute their
written acceptance hereto attached agreeing:
a) A private street (Wood Gate Drive) be constructed to a 24-foot width and 37 1/2-foot
radius cul-de-sac in accordance with improvement plans signed on March 29, 2007.
Section 3. That in the event Bill Miller Logging, Inc. fails to execute the acceptance within
180 days after the date of this Resolution, the provisions hereof shall be null and void and the
approval of the plat shall not be effective.
th
Passed, approved and adopted this 16 day of April 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF RESOLUTION NO. 232–07
I, the undersigned, Bill Miller, representing Bill Miller Logging, Inc., having read the terms
and conditions of the Resolution No. 232-07 and being familiar with the conditions thereof,
hereby accept this same and agree to the conditions required therein.
th
Dated in Dubuque, Iowa this 16 day of April 2007.
/s/ Bill Miller
Final Plat of Silver Oaks Estates Subdivision: City Manager recommending approval of the
final plat of Silver Oaks Estates Subdivision, subject to conditions. Motion by Michalski to
receive and file the documents and adopt Resolution No. 233-07 Approving the final plat of
Silver Oaks Estates in Dubuque County, Iowa. Seconded by Cline. Connors expressed
concern over the proximity to the airport and noise. Braig asked if this subdivision would be
grandfathered if the two-mile buffer around the airport is implemented. City Attorney Lindahl
said it would be exempt. Motion carried 7-0.
RESOLUTION NO. 233-07
RESOLUTION APPROVING THE FINAL PLAT OF SILVER OAKS ESTATES IN DUBUQUE
COUNTY, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Silver Oaks Estates; and
Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and
has its approval endorsed thereon, with the waiver of Article IV, Design and Improvement
Standards of the Subdivision Regulations, except for Section 42-19, Blocks and lots, waiving
Section 42-19(b) lot frontage requirement for Lot 14, and double frontage restrictions for Lots
2, 3 and 31-37; and
Whereas, said final plat has been reviewed by the City Planner and had her approval
endorsed thereon; and
Whereas, said final plat has been examined by the City Council and they find that it
conforms to the statues and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby waives Article IV, Design and Improvement Standards of
the Subdivision Regulations, except Section 42-19, Blocks and Lots, waiving Section 42-19(b)
lot frontage requirements for Lot 14, double-frontage restriction for Lots 2,3 and 31-37, and
City Engineering cul-de-sac standard.
29
Section 2. The final plat of Silver Oaks Estates is hereby approved and the Mayor and City
Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque,
Iowa, upon said final plat, provided the owners of the said property herein named, execute
their written acceptance hereto attached agreeing:
a) To construct the private streets (Silver Oaks Drive, Talyn Court, Silver Oaks Court,
Roane Drive and Elle Court) to a 26-foot paving width and Dubuque County
Standards for paving thickness and base stone in accordance with approved
improvement plans.
Section 3. That in the event Royal Oaks Development fails to execute the acceptance within
180 days after the date of this Resolution, the provisions hereof shall be null and void and the
approval of the plat shall not be effective.
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Passed, approved and adopted this 16 day of April 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 233-07
I, the undersigned, A. J. Spiegel, representing Royal Oaks Development, having read the
terms and conditions of the foregoing Ordinance No. 233-07 and being familiar with the
conditions thereof, hereby accept this same and agree to the conditions required therein.
th
Dated in Dubuque, Iowa this 16 day of April 2007.
/s/ A. J. Spiegel
Tax Increment Ordinance - Greater Downtown Urban Renewal District: City Manager
recommending approval of an amendment of the Tax Increment Ordinance to establish the use
of tax increment financing to existing and expanding areas of the amended Greater Downtown
Urban Renewal District. Motion by Connors to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones.
Motion carried 7-0. Motion by Connors for final consideration and adoption of Ordinance No.
20-07 Amending Ordinance Nos. 35-04, 30-82 and 66-89, as previously amended, providing
that general property taxes levied and collected each year on all property located within the
Greater Downtown Urban Renewal District of the City of Dubuque, County of Dubuque, State
of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque,
Dubuque Community School District, and other taxing districts, be paid to a special fund for
payment of principal and interest on loans, monies advanced to and indebtedness, including
bonds issued or to be issued, incurred by said City in connection with the Urban Renewal Plan
for the Greater Downtown Urban Renewal District. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 20-07
AN ORDINANCE AMENDING ORDINANCE NOS. 35-04, 30-82 AND 66-89, AS
PREVIOUSLY AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND
COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE GREATER
DOWNTOWN URBAN RENEWAL DISTRICT OF THE CITY OF DUBUQUE, COUNTY OF
DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA,
CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL
DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR
PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND
INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID
30
CITY IN CONNECTION WITH THE URBAN RENEWAL PLAN FOR THE GREATER
DOWNTOWN URBAN RENEWAL DISTRICT
WHEREAS, the City Council of the City of Dubuque, Iowa (the "City") has heretofore, in
Ordinance No. 30-82, provided for the division of taxes within the original Downtown Dubuque
Urban Renewal Project, Iowa R-15, described in Resolution No. 123-67 adopted on May 18,
1967, pursuant to Section 403.19 of the Code of Iowa; and
WHEREAS, the original Downtown Dubuque Urban Renewal Project, Iowa R-15,
subsequently was amended by Resolution No. 79-71 approved on March 15, 1971, by
Resolution No. 73-74 approved on March 11, 1974, by Resolution No. 107-82 approved on
May 3, 1982, by Resolution No. 191-84 approved on June 25, 1984, by Resolution No. 371-93
approved on December 6, 1993, by Resolution No. 145-94 approved on May 2, 1994, by
Resolution No. 479-97 approved on November 17, 1997, by Resolution No. 476-98 approved
on October 19, 1998 and by Resolution No. 187-02 approved on April 1, 2002, which
amendments, among other things, added areas referred to as the Old Main Subarea, Town
Clock Expansion Subarea and Upper Main Subarea to the area of the Downtown Dubuque
Urban Renewal District; and
WHEREAS, consistent with the foregoing amendments, Ordinance No. 30-82 subsequently
was amended by Ordinance Nos. 23-94, 36-94, 67-97, and 26-02 to provide for the division of
taxes within the several subareas of the amended Downtown Dubuque Urban Renewal
District; and
WHEREAS, the City Council of the City has heretofore, in Ordinance No. 66-89, provided
for the division of taxes within the original Ice Harbor Urban Renewal District, described in
Resolution No. 403-89 adopted on December 18, 1989, pursuant to Section 403.19 of the
Code of Iowa; and
WHEREAS, the original Ice Harbor Urban Renewal District subsequently was amended by
Resolution No. 241-00 approved on June 5, 2000 and by Resolution 114-02 approved on
March 4, 2002, which amendments, among other things, added an additional area referred to
as Subarea B to the area of the Ice Harbor Urban Renewal District; and
WHEREAS, consistent with the foregoing amendment, Ordinance No. 66-89 subsequently
was amended by Ordinance No. 97-00 to provide for the division of taxes within the two
subareas of the amended Ice Harbor Urban Renewal District; and
WHEREAS, the original Downtown Dubuque Urban Renewal District and the original Ice
Harbor Urban Renewal District and their respective Subareas have been combined into a
single urban renewal area, under the terms of an Urban Renewal Plan for the Greater
Downtown Urban Renewal District, pursuant to Resolution No. 170-04 adopted on April 19,
2004; and
WHEREAS, consistent with foregoing amendment, Ordinance Nos. 30-82 and 66-89 were
amended by Ordinance No. 35-04 to provide for the division of taxes within the various sub-
areas of the Greater Downtown Urban Renewal District; and
WHEREAS, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was
amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to
Resolution No. 108-07 approved on February 20th, 2007, to provide for the further expansion
of the Greater Downtown Urban Renewal District; and
WHEREAS, indebtedness has been incurred by the City, and additional indebtedness is
anticipated to be incurred in the future, to finance urban renewal project activities within the
combined area known as the Greater Downtown Urban Renewal District (the “Greater
Downtown Urban Renewal District”), and the continuing needs of redevelopment within the
Greater Downtown Urban Renewal District are such as to require the continued application of
the incremental tax resources of the Greater Downtown Urban Renewal District; and
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WHEREAS, the following enactment is necessary to accomplish the objectives described in
the premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Ordinance No. 35-04 (Ordinance No. 30-82, as amended by Ordinance Nos. 23-94, 36-94,
67-97, and 26-02, and Ordinance No. 66-89, as amended by Ordinance No. 97-00) is hereby
amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the following
meanings:
(a) Original Town Clock Subarea shall mean that portion of the Amended Project Area
initially described in the Urban Renewal Plan for the Downtown Dubuque Urban Renewal
Project, Iowa R-15, approved by Resolution No. 123-67 on May 18, 1967, as amended by the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District approved by Resolution No. 108-07 on February 20th, 2007, which Original Town
Clock Subarea includes the lots and parcels located within the area now legally described as
follows:
Beginning at the intersection of the north right-of-way line of Ninth Street with the east
right-of-way line of Central Avenue; thence south along the east right-of-way line of
Central Avenue to its intersection with the south right-of-way line of Fourth Street;
thence west along the south right-of-way line of Fourth Street to its intersection with the
west right-of-way line of Locust Street; thence north along the west right-of-way line of
Locust Street to its intersection with the north right-of-way line of Ninth Street, but also
including the adjacent City Lots 623 and 624 (Dubuque Museum of Art), the Locust
Street Parking Ramp between 8th and 9th Streets and the former U.S. Federal Building
located on City Lots 101, 102, 139, 140, and the N 54.5’ of City Lots 103 & 138, and the
vacated alley between said lots; thence east along the north right-of-way line of Ninth
Street to its intersection with the east right-of-way line of Central Avenue, but also
including the adjacent Iowa Inn property and the public parking lot known as Parking Lot
Number 1 located between 9th and 10th Streets east of Iowa Street, to the point of
beginning
(b) Old Main Subarea shall mean that portion of the Amended Project Area initially
described in the Amended and Restated Urban Renewal Plan for the Downtown Dubuque
Urban Renewal District approved by Resolution No. 145-94 on May 2, 1994, which Old Main
Subarea includes the lots and parcels located within the area legally described as follows:
Beginning at the intersection of the south right-of-way line of Fourth Street with the east
right-of-way line of Central Avenue; thence west along the south right-of-way line of
Fourth Street to the west right-of-way line of Locust Street; thence south along the west
right-of-way line of Locust Street to the north right-of-way line of the Locust Street
Connector; thence east along the north right-of-way line of the Locust Street Connector
to the west right-of-way line of Highways 151/61; thence north along the west right-of-
line of Highways 151/61 to the point of beginning.
(c) Town Clock Expansion Subarea shall mean that portion of the Amended Project Area
initially described in the Amended and Restated Urban Renewal Plan for the Downtown
Dubuque Urban Renewal District approved by Resolution No. 479-97 on November 17, 1997,
which Town Clock Expansion Subarea includes the lots and parcels located within the area
legally described as follows:
South 1/2 of City Lot 167, City Lot 168 and City Lot 168A; Lots 1 & 2 of City Lots 204,
205, 206, 207 and 208, N. 23' of City Lot 263, S. 28.5' of City Lot 263, N. 1/2 of City Lot
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262, S. 1/2 of City Lot 262, N. 1/2 of City Lot 261, all in Section 24, Township 89 North,
Range 2 East, 5th p.m., Dubuque County, Iowa and any adjoining public right-of-way.
(d) Upper Main Subarea shall mean that portion of the Amended Project Area initially
described in the Amended and Restated Urban Renewal Plan for the Downtown Dubuque
Urban Renewal District approved by Resolution No. 187-02 on April 1, 2002, as amended by
the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District approved by Resolution No. 108-07 on February 20th, 2007, which Upper Main
Subarea includes the lots and parcels located within the area legally described as follows:
On the North by Fourteenth Street, on the West by Locust Street but also including
adjacent City Lots 660, 659, 658A and 658 except the south 1’ of City Lot 658
(Carnegie-Stout Public Library), on the South by the Town Clock Expansion Subarea
and on the East by Central Avenue, including all public rights-of-way.
(e) Ice Harbor Subarea A shall mean that portion of the Amended Project Area initially
described in the Urban Renewal Plan for the Ice Harbor Urban Renewal District approved by
Resolution No. 403-89 on December 18, 1989, which Ice Harbor Subarea A includes the lots
and parcels located within the area legally described as follows:
that area generally bounded on the north by the public alley located between the
vacated Fourth Street and Third Street, on the west by the Chicago, Central and Pacific
Railroad right-of-way, on the south by East First Street and on the east by the municipal
limits of the City of Dubuque, Iowa and including any adjoining public right-of-way.
(f) Ice Harbor Subarea B shall mean that portion of the Amended Project Area initially
described in the Amended and Restated Urban Renewal Plan for the Ice Harbor Urban
Renewal District approved by Resolution No. 241-00 on June 5, 2000, which Ice Harbor
Subarea B includes the lots and parcels located within the area legally described as follows:
that area generally bounded on the north and west by the Chicago, Central and Pacific
Railroad right-of-way, on the south by the northerly boundary of the Ice Harbor Subarea
A and on the east by the municipal limits of the City of Dubuque, Iowa (excluding Lot 1
Adams Co.'s 2nd Addition) and including any adjoining public right-of-way
(g) Ice Harbor Subarea C shall mean a portion of the Amended Project Area added by the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District approved by Resolution No. 108-07 on February 20th, 2007, consisting of Lot 1 Adams
Co.’s 2nd Addition and any adjoining public right-of-way.
(h) Amended Project Area shall mean the areas of the City of Dubuque, Iowa included
within the Original Town Clock Subarea, the Old Main Subarea, the Town Clock Expansion
Subarea, the Ice Harbor Subarea A, the Ice Harbor Subarea B, and the Ice Harbor Subarea C,
each as described in this Section. (i) Urban Renewal Plan shall mean the Amended and
Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, approved by
Resolution No. 108-07 on February 20th, 2007, as the same may be amended from time to
time.
Section 2: The taxes levied on the taxable property in the Amended Project Area, legally
described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque,
County of Dubuque, Dubuque Community School District, and all other taxing districts from
and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance
provided.
Section 3: As to the Original Town Clock Subarea, that portion of the taxes which would be
produced by the rate at which the tax is levied each year by or for each of the taxing districts
taxing property in the Original Town Clock Subarea upon the total sum of the assessed value
of the taxable property in the Original Town Clock Subarea as shown on the assessment roll
as of January 1, 1966, being the assessment roll last equalized prior to the date of the initial
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adoption of the Urban Renewal Plan for the Downtown Dubuque Urban Renewal Project, Iowa
R-15, shall be allocated to and when collected be paid into the fund for the respective taxing
district as taxes by or for said taxing district into which all other property taxes are paid. The
taxes so determined shall be referred herein as the "base period taxes" for such subarea.
As to the Old Main Subarea, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 1993, being the
assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance
No. 23-94.
As to the Town Clock Expansion Subarea, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1, 1996,
being the assessment roll as of January 1 of the calendar year preceding the effective date of
Ordinance No. 67-97.
As to the Upper Main Subarea, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 2001, being the
assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance
No. 26-02.
As to the Ice Harbor Subarea A, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 1988, being the
assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance
No. 66-89.
As to the Ice Harbor Subarea B, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 1999, being the
assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance
No. 97-00.
As to the Ice Harbor Subarea C, base period taxes shall be computed on the same manner
using the total assessed value shown on the assessment roll as of January 1, 2006, being the
first day of the calendar year preceding the effective date of this Ordinance.
Section 4: That portion of the taxes each year in excess of the base period taxes for the
Amended Project Area, determined for each subarea thereof as provided in Section 3 of this
Ordinance, shall be allocated to and when collected be paid into the special tax increment fund
previously established by the City of Dubuque to pay the principal of and interest on loans,
monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise,
including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa,
incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban
renewal projects undertaken within the Amended Project Area pursuant to the Urban Renewal
Plan, except that taxes for the regular and voter-approved physical plant and equipment levy of
a school district imposed pursuant to Section 298.2 of the Code of Iowa (but only to the extent
required under Section 403.19(2)) and taxes for the payment of bonds and interest of each
taxing district shall be collected against all taxable property within the Amended Project Area
without any limitation as hereinabove provided.
Section 5: Unless or until the total assessed valuation of the taxable property in the
subareas of the Amended Project Area exceeds the total assessed value of the taxable
property in said subareas shown by the assessment rolls referred to in Section 3 of this
Ordinance, all of the taxes levied and collected upon the taxable property in the Amended
Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the
taxing districts in the same manner as all other property taxes.
Section 6: At such time as the loans, monies advanced, bonds and interest thereon and
indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies
thereafter received from taxes upon the taxable property in the Amended Project Area shall be
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paid into the funds for the respective taxing districts in the same manner as taxes on all other
property.
Section 7: All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be
construed so as to continue the division of taxes from property within the Amended Project
Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance
Nos. 35-04, 30-82 and 66-89, as amended by Ordinance Nos. 23-94, 36-94, 67-97, 26-02 and
97-00, and to fully implement the division of taxes in Ice Harbor Subarea C. In the event that
any provision of this Ordinance shall be determined to be contrary to law it shall not affect
other provisions or application of this Ordinance which shall at all times be construed to fully
invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended
Project Area and the territory contained therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and publication
as provided by law.
th
Passed, approved, and adopted this 16 day of April, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 20 day of April, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 4/20
Heron Pond Tree Removal Project: City Manager recommending acceptance of the Heron
Pond Tree Removal Project as completed by Top Grade Excavating in the final contract
amount of $30,299. Motion by Jones to receive and file the documents and adopt Resolution
No. 234-07 Accepting improvement, and Resolution No. 235-07 Approving final estimate.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 234-07
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the Heron Pond Tree Removal Project has been completed and
the City Manager has examined the work and filed his certificate stating that the same has
been completed according to the terms of the contract, plans and specifications and
recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. That the recommendation of the City Manager be approved and that said improvement
be and the same is hereby accepted.
BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to
the contractor from the General Fund in amount equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 16th day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
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RESOLUTION NO. 235-07
FINAL ESTIMATE
WHEREAS, the contract for the Heron Pond Tree Removal Project has been completed and
the Engineer has submitted his final estimate showing the cost thereof including the cost of
estimates, notices and inspection and all miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is hereby determined to be $30,299.00, and
the said amount shall be paid from the General Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 16th day of April, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Amendment to Chapter 11 Buildings and Regulations: City Manager recommending
approval of an amendment to Chapter 11 of the City of Dubuque Code of Ordinances providing
that the Building Official may require an engineering study prior to issuance of a permit for
construction on bluff land or land adjacent to a bluff to determine that the land or bluff is safe
for such construction. Motion by Connors to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be passed be suspended. Seconded by Cline.
Motion carried 7-0. Motion by Connors for final consideration and adoption of Ordinance No.
21-07 Amending Chapter 11 Buildings and Building Regulations Section 11-57 Application for
Permit by adding a new Subsection (d) providing that the building official may require an
engineering study or studies prior to issuance of a permit for construction on bluff land or land
adjacent to a bluff to determine that the land or bluff is safe for such construction. Seconded by
Cline. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 21-07
AMENDING CHAPTER 11 BUILDINGS AND BUILDING REGULATIONS SECTION 11-57
APPLICATION FOR PERMIT BY ADDING A NEW SUBSECTION (d) PROVIDING THAT
THE BUILDING OFFICIAL MAY REQUIRE AN ENGINEERING STUDY OR STUDIES PRIOR
TO ISSUANCE OF A PERMIT FOR CONSTRUCTION ON BLUFF LAND OR LAND
ADJACENT TO A BLUFF TO DETERMINE THAT THE LAND OR BLUFF IS SAFE FOR
SUCH CONSTRUCTION
Section 1. Sec. 11-57 of the City of Dubuque Code of Ordinances is amended by adding
thereto the following:
(d) Construction on Bluff Land or Land Adjacent to Bluffs. The application shall indicate
whether the construction is on bluff land or land adjacent to a bluff. If the construction is on
bluff land or land adjacent to a bluff, prior to the issuance of a permit, the Building Official may
require the developer to fund an engineering study or studies, to determine whether the bluff
land, land adjacent to a bluff, or adjacent bluff is sufficiently stable to allow for the construction
or use. If the Building Official determines, based upon the engineering study or studies, that
the bluff land, land adjacent to a bluff, or adjacent bluff is not sufficiently stable to allow for the
construction or use, the Building Official may require as a condition of the issuance of the
permit such stabilization or other measures as the engineering study or studies recommend to
make the bluff land, land adjacent to a bluff, or adjacent bluff sufficiently stable to allow for the
construction or use.
Section 2. This Ordinance shall take effect on publication.
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th
Passed, approved and adopted the 16 day of April, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 20 day of April, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 4/20
COUNCIL MEMBER REPORTS
(None)
PUBLIC INPUT
Shawn Ruiz, 2425 Crissy Dr., expressed her concern about the Tarot Card History and
Demonstration program being offered June 12 at the Library. She believes it is inappropriate
and has spoken with Library Director Susan Henricks about canceling it. Susan has agreed to
remove items for purchase and door prizes. Demonstrator Terri Farber, 1113 Main St., said
that this program is for entertainment only and not a religious movement. Library Youth
Services Manager Jean Gullikson, 427 Shinoak Ct., said that this program was in response to
the Library’s Teen Safe Zone priority as well as in response to a teen survey. After discussion
the Council concurred with City Attorney Lindahl that, per City Code 30-5, exclusive
management of the Library belongs to the Library Board of Trustees, and Ms. Ruiz should
petition them.
CLOSED SESSION
Upon motion the Council convened closed session at 8:20 p.m. regarding Property
Acquisition – Chapter 21.5(1)(j) 2005 Code of Iowa
Upon motion Council reconvened regular session at 8:36 p.m. stating that staff had been
given proper direction.
There being no further business, upon motion the meeting adjourned at 8:37 p.m.
/s/ Kevin S. Firnstahl
Asst. City Clerk
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