5 21 07 City Council Minutes Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on May 21, 2007, in the Public
Library Auditorium.
Mayor Buol read the call stating that this was a special session of the Dubuque City Council to
discuss Pending Litigation and Property Acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of
Iowa.
Present: Mayor Buol, Council Members Cline, Connors (via conference phone), Jones, Lynch,
Michalski, City Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Braig
Upon motion Council adjourned special session at 6:29 p.m. having given staff proper direction.
**********************************************************************************************************
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:35 p.m. on May 21, 2007, in the Public
Library Auditorium.
Mayor Buol read the call and stated that this was a regular session of the Dubuque City Council to
discuss such matters that should properly come before Council.
Present: Mayor Buol, Council Members Cline, Connors (via conference phone), Jones, Lynch,
Michalski, City Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Braig
Invocation was provided by Assistant Pastor Sean Hirschy, Word of Life Church
PROCLAMATIONS
Mental Health Month, May 2007, was accepted by John Cordes, Mental Health America, who
presented Council with the DVD “Lincoln’s Melancholy;” and Apples for Students, June and July,
2007.
CONSENT ITEMS
Motion by Cline to receive and file the documents, and dispose of as indicated. Seconded by
Lynch. Michalski requested #1 (Minutes and Reports Submitted) be held for separate discussion.
Motion carried 6-0.
Minutes and Reports Submitted: Airport Commission of 4/23; Arts and Cultural Affairs Advisory
Commission 3/27; Civil Service Commission of 4/5 and 4/16; City Council of 5/7; Environmental
Stewardship Advisory Commission of 5/1; Human Rights Commission of 4/9; Library Board of
Trustees of 4/10, 4/13 and 4/18; Park and Recreation Commission of 4/10; Zoning Advisory
Commission of 5/2. Motion by Michalski to receive and file the documents. Seconded by Jones.
Michalski commended the boards and commissions staff for their prompt submission of minutes. She
noted that there were no minutes from the Transit Board of Trustees March meeting. Please remind
the boards and commissions to communicate with Council in a timely manner. Motion carried 6-0.
Library Board of Trustees Update from meeting of April 26, 2007
Proof of Publication of List of Claims and Summary of Revenues for month ending March 31, 2007
Notice of Claims/Suits: Michael Elliot for property damage; Westfield Insurance Company on behalf
of Jeffrey and Dianne Brimeyer for property damage; Pfohl’s Inc., for property damage; Dubuque
Bible Church for property damage. Upon motion the documents were received, filed, and referred to
the 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: Dubuque Bible Church for property
damage; Jeffrey and Dianne Brimeyer for property damage; and Pfohl’s Inc. for property damage
City Attorney recommending settlement of the claim of Linda M. Loney for property damage and
the claim of Michael Elliot for property damage. Upon motion, the documents were received, filed,
and concurred.
First Amendment to Conlon Johnson Development Agreement: City Manager recommending
approval of an amendment to the Conlon Johnson (Sedgewick) Development Agreement. Upon
motion the documents were received, filed, and approved.
Dubuque Technology Park Plat of Survey: City Manager recommending approval of subdividing Lot
10, Block 2 of the Dubuque Technology Park to accommodate the Entegee economic development
project. Upon motion the documents were received and filed and Resolution No. 272-07 Approving
plat of survey of Lot 1 Dubuque Technology Park No. 3 in the City of Dubuque, Iowa; and Resolution
No. 273-07 Approving plat of survey of Lot 1 of 10 and Lot 2 of 10, Block 2 Dubuque Technology Park
in the City of Dubuque, Iowa, were adopted.
RESOLUTION NO 272-07
RESOLUTION APPROVING PLAT OF SURVEY LOT 1 DUBUQUE TECHNOLOGY PARK NO. 3 IN
THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat of
Survey, Lot 1 Dubuque Technology Park No. 3 in the City of Dubuque, Iowa, dated May 21, 2007,
prepared by IIW Engineers and Surveyors, P.C., describing the two parcels to be combined into one
lot, a copy of which is attached hereto (the Plat); and
Whereas, the Plat conforms to the laws and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and
directed to execute the Plat for and on behalf of the City of Dubuque, Iowa.
2
Section 2. The City Clerk is hereby authorized and directed to file the Plat and a certified copy of
this resolution in the office of the Recorder, in and for Dubuque County, Iowa.
st
Passed, approved and adopted this 21 day of May 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO 273-07
RESOLUTION APPROVING PLAT OF SURVEY LOT 1 OF 10 AND LOT 2 OF 10, BLOCK 2
DUBUQUE TECHNOLOGY PARK IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat of
Survey, Lot 1 of 10 and Lot 2 of 10, Dubuque Technology Park in the City of Dubuque, Iowa, dated
May 11, 2007 prepared by IIW Engineers and Surveyors, P.C., describing the property to be
subdivided, a copy of which is attached hereto (the Plat); and
Whereas, the Plat conforms to the laws and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and
directed to execute the Plat for and on behalf of the City of Dubuque, Iowa.
Section 2. The City Clerk is hereby authorized and directed to file the Plat and a certified copy of
this resolution in the office of the Recorder, in and for Dubuque County, Iowa.
st
Passed, approved and adopted this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
2006 (Fiscal Year 2007) Asphalt Paving Program: City Manager recommending acceptance of the
2006 (Fiscal Year 2007) Asphalt Paving Program as completed by River City Paving in the final
contract amount of $1,055,618.25. Upon motion the documents were received and filed, and
Resolution No. 274-07 Accepting the 2006 (Fiscal Year 2007) Asphalt Paving Program and
authorizing the payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 274-07
ACCEPTING THE 2006 ASPHALT PAVING PROJECT AND AUTHORIZING THE PAYMENT OF
THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the 2006 Asphalt Paving Project (the Project) has
been completed and the City Engineer has examined the work and filed a certificate stating that the
Project has been completed according to the terms of the Public Improvement Contract and that the
City Engineer recommends that the Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the FY2007
Annual Street Program Funds, Watermain Replacement Program Funds, General Storm Sewer
Repair Funds, Street Program Related Sanitary Sewer Funds, Traffic Signal Intersection
Reconstruction Funds, Traffic Signal Interconnect Conduit Replacement Funds, Airport – Rehab
Parking Lots 1, 2, 3 Funds, Terminal Frontage Road Rehab Funds and Dubuque Community School
thth
District Reimbursement - 12 & Central, 12 & White Signals appropriation for the contract amount of
$1,055,618.25 less any retained percentage provided for therein as provided in Iowa Code chapter
573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573.
st
Passed, approved and adopted this 21 day of May, 2007.
3
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
Four Mounds Archeological Survey: City Manager recommending approval of the selection of
Great Lakes Archaeological Research Center for the Four Mounds Archeological Investigation. Upon
motion the documents were received, filed, and approved.
Tri-State Development LLC Rezoning/Annexation: City Manager recommending approval of the
withdrawal of the voluntary annexation request by Tri-State Development LLC. Upon motion the
documents were received, filed, and approved.
Kivlahan Farms Preliminary Plat: Zoning Advisory Commission submitting the preliminary plat of
Kivlahan Farms for City Council information only. Upon motion the documents were received and
filed.
Sewer Pipeline Inspection Vehicle and Camera Equipment: City Manager recommending approval
of the purchase of a sewer pipeline inspection vehicle and associated camera equipment from Cues
Inc., in the amount of $126,750. Upon motion the documents were received, filed, and approved.
Encephalitis (West Nile) Monitoring – Memorandum of Understanding: City Manager
recommending approval of the Memorandum of Understanding with the Iowa Department of Public
Health for activities related to Encephalitis/West Nile disease monitoring. Upon motion the documents
were received, filed, and approved.
Citizen Communications: Correspondence from Larry Youtzy expressing opposition to the
installation of sidewalks along John F. Kennedy Road.
Communication from Jan and Bill Stoffel submitting a petition in support of the installation of
sidewalks along John F. Kennedy Road and communication from Tracy Nowack in support of the
installation of sidewalks along John F. Kennedy Road.
Correspondence from Dr. Charles Winterwood, Vice President of Tri-State Trail Vision, thanking
the Mayor, City Council and staff for including a feasibility study in the Fiscal Year 2007 budget for a
hiking/biking trail along the middle fork of Catfish Creek.
Correspondence from Valerie Hogan, owner of the Mississippi Mug, expressing opposition to the
City’s business incentives for Genuine Genius. Upon motion the documents were received and filed.
Lease Agreement with Tri-State Modelers: City Manager recommending approval of a lease
agreement with Tri-State Modelers for a section of the former Roosevelt Park. Upon motion the
documents were received, filed, and approved.
Civil Service Commission: Civil Service Commission submitting the certified list for the position of
Confidential Account Clerk. Upon motion the documents were received, filed, and made a Matter of
Record.
Mediacom 2006 Annual Report: Mediacom submitting the 2006 Annual Report, which is on file in
the City Clerk’s Office. Upon motion the documents were received and filed.
Calendar Year 2007 Pavement Marking Program: City Manager recommending award of the
contract for the Calendar Year 2007 Pavement Marking Program to Selco, Inc., in the amount of
$60,274.10. Upon motion the documents were received, filed, and approved.
4
Historic White Water Creek Bridge Relocation Project Phase II: City Manager recommending
rejection of the bids received for the White Water Creek Bridge Relocation Project Phase II, Lead
Paint Removal, Cleaning, and Painting. Upon motion the documents were received and filed, and
Resolution No. 275-07 Rejecting the contract bid proposal for the Historic White Water Creek Bridge
Relocation Project, Phase II, Lead Paint Removal, Cleaning, and Painting was adopted.
RESOLUTION NO. 275-07
REJECTING THE CONTRACT BID PROPOSAL FOR THE HISTORIC WHITE WATER CREEK
BRIDGE RELOCATION PROJECT PHASE II, LEAD PAINT REMOVAL, CLEANING AND
PAINTING
Whereas, sealed proposals have been submitted by contractors for the Historic White Water Creek
Bridge Relocation Project Phase II, Lead Paint Removal, Cleaning and Painting, pursuant to
Resolution No. 214-07 and Notice to Bidders published in a newspaper in the City of Dubuque, Iowa,
th
on the 20 day of April, 2007; and
th
Whereas, said sealed proposals were opened and read on the 10 day of May, 2007.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the sealed bid proposals received for the Historic White Water Creek Bridge Relocation
Project Phase II, Lead Paint Removal, Cleaning and Painting are hereby rejected.
st
Passed, adopted and approved this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
City of Asbury Voluntary Annexation: Notice from the City Development Board of the public hearing
to be held on the matter of the City of Asbury voluntary annexation including non-consenting owners.
Findings of Fact and Conclusions of Law and Determination in the matter of the voluntary annexation
of the City of Asbury within the urbanized area of the City of Dubuque. Upon motion the documents
were received and filed.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Federal Building
Exterior Window Lead Paint Removal & Painting and Renovated Areas Window Repair, Glass
Replacement, Interior Window Lead Paint Removal & Painting Project. Upon motion the documents
were received, filed, and approved.
Business License Refund: Kevin Menning, One Flight Up Liquor License: Upon motion the
documents were received, filed, and approved.
Business Licenses: City Manager recommending approval of annual liquor license renewals as
submitted. Upon motion the documents were received and filed, and Resolution No. 276-07 Granting
the issuance of one new permit to sell cigarettes and cigarette papers; Resolution No. 277-07
Granting the issuance of a Class C Beer Permit to HyVee Food Store B, Hartig Drug #2, and Awn
Stop Mart #2; Resolution No. 278-07 Granting the issuance of a Class C Beer/Liquor License to Easy
Street, Denny’s Lux Club, Kalmes Breaktime Bar/Grill; Special Class C Liquor License to Dubuque
Jaycees; Class B Wine License to Hartig Drug #2 and HyVee Food Store B; and Resolution No. 279-
07 Granting the issuance of a Class WCN Native Wine License to Stone Cliff Winery (contingent on
final City inspections and approvals) were adopted.
RESOLUTION NO. 276-07
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
5
That the following having complied with the provisions of law relating to the sale of Cigarettes
within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within
said City.
NEW
A.W.N. Stop Mart # 2 Waseem Choudhry 1400 Central Ave.
st
Passed, approved and adopted this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO. 277-07
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
Hy-Vee, Inc. Hy-Vee Food Store “B”+(Sunday Sale) 3500 Dodge St.
Hartig Drug Co. Inc. Hartig Drug # 2+(Sunday Sale) 157 Locust St.
Waseem Choudhry Awn Stop Mart # 2+(Sunday Sale) 1401 Central Ave.
Passed, approved and adopted this 21st day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO. 278-07
Whereas, applications for Liquor Licenses have been submitted to this Council for approval and
the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to comply
with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Manager be authorized to cause to be issued the following named applicants a Liquor
License.
CLASS “C” BEER/LIQUOR LICENSE
Easy Street Easy Street+(Sunday/Outdoor Sale) 431 Rhomberg
Beverly Larsen Denny’s Lux Club+(Sunday Sale) 3050 Asbury
Kalmes Brothers, LLC Kalmes Breaktime Bar/Grill+(Sunday Sale) 1097 Jackson
SPECIAL CLASS “C” LIQUOR
Dubuque Jaycees Dubuque Jaycees+(Sunday Sale) Adams Park Lot
CLASS “B”WINE
Hartig Drug Company Hartigs Drug # 2 157 Locust St.
Hy-Vee, Inc. Hy-Vee Food Store “B” 3500 Dodge St.
Passed, approved and adopted this 21st day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO. 279-07
Whereas, applications for Liquor Licenses have been submitted to this Council for approval and
6
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 “WCN” NATIVE WINE LICENSE
Robert L. Smith Stone Cliff Winery+(Sunday& Outdoor Sale) 600 Brewery Dr.
Passed, approved and adopted this 21st day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive, file, adopt resolutions, set public hearings as specified, and direct the
City Clerk to publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 6-0.
Ice Harbor Transient Boat Dock Project: City Manager recommending initiation of the public
bidding process for the Ice Harbor Transient Boat Dock Project and that a public hearing on the plans
and specifications, form of contract, and estimated cost be set for June 4, 2007. Upon motion the
documents were received and filed, and Resolution No. 280-07 Preliminary approval of plans and
specifications, form of contract, and estimated cost for the Ice Harbor Transient Boat Dock Project;
Resolution No. 281-07 Setting date of hearing on plans and specifications, form of contract, and
estimated cost for the Ice Harbor Transient Boat Dock Project; and Resolution No. 282-07 Ordering
the advertisement for bids for the Ice Harbor Transient Boat Dock Project were adopted setting a
hearing for a meeting to commence at 6:30 p.m. on June 4, 2007, in the Public Library Auditorium.
RESOLUTION NO. 280-07
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE PORT OF DUBUQUE – ICE HARBOR TRANSIENT BOAT DOCK
FACILITY 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 Port of
Dubuque – Ice Harbor Transient Boat Dock Facility Project, in the estimated amount $512,175.00,
are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection.
st
Passed, adopted and approved this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO. 281-07
FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST FOR THE PORT OF DUBUQUE – ICE HARBOR TRANSIENT BOAT
DOCK FACILITY 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 Port of Dubuque – Ice
Harbor Transient Boat Dock Facility 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,
7
IOWA:
th
That a public hearing will be held on the 4 day of June, 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.
st
Passed, adopted and approved this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin F. Firnstahl, Assistant City Clerk
RESOLUTION NO. 282-07
ORDERING THE ADVERTISEMENT FOR BIDS FOR THE PORT OF DUBUQUE – ICE HARBOR
TRANSIENT BOAT DOCK FACILITY PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the Insert Project Name 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
th
days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 14 day of
June, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the
nd
City Council for final action at 6:30 p.m. on the 2 day of July, 2007, in the Public Library Auditorium,
th
360 West 11 Street, Dubuque, Iowa.
st
Passed, adopted and approved this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
Decorative Concrete Repair and Maintenance Project: City Manager recommending initiation of the
public bidding process for the Decorative Concrete Repair and Maintenance Project and that a public
hearing on the plans and specifications, form of contract, and estimated cost be set for June 4, 2007.
Upon motion the documents were received and filed, and Resolution No. 283-07 Preliminary approval
of plans and specifications, form of contract, and estimated cost for the Decorative Concrete Repair
and Maintenance Project; Resolution No. 284-07 Setting date of hearing on plans and specifications,
form of contract, and estimated cost for the Decorative Concrete Repair and Maintenance Project;
and Resolution No. 285-07 Ordering the advertisement for bids for the Decorative Concrete Repair
and Maintenance Project were adopted setting a public hearing for a meeting to commence at 6:30
p.m. on June 4, 2007, in the Public Library Auditorium.
RESOLUTION NO. 283-07
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE DECORATIVE CONCRETE REPAIR AND MAINTENANCE
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 Decorative
Concrete Repair and Maintenance Project, in the estimated amount $255,310.00, are hereby
8
preliminarily approved and ordered filed in the office of the City Clerk for public inspection.
st
Passed, adopted and approved this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO. 284-07
FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE DECORATIVE CONCRETE REPAIR AND MAINTENANCE
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 Decorative Concrete
Repair and Maintenance 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 4 day of June, 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.
st
Passed, adopted and approved this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO. 285-07
ORDERING THE ADVERTISEMENT FOR BIDS FOR THE DECORATIVE CONCRETE REPAIR
AND MAINTENANCE PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the Decorative Concrete Repair and Maintenance 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
th
days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 14 day of
June, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the
nd
City Council for final action at 6:30 p.m. on the 2 day of July, 2007, in the Public Library Auditorium,
th
360 West 11 Street, Dubuque, Iowa.
st
Passed, adopted and approved this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
Third Street Overpass Lighting Project: City Manager recommending initiation of the public bidding
process for the Third Street Overpass Lighting Project and that a public hearing on the plans and
specifications, form of contract, and estimated cost be set for June 4, 2007. Upon motion the
documents were received and filed, and Resolution No. 286-07 Preliminary approval of plans and
9
specifications, form of contract, and estimated cost for the Third Street Overpass Lighting Project;
Resolution No. 287-07 Setting date of hearing on plans and specifications, form of contract, and
estimated cost for the Third Street Overpass Lighting Project; and Resolution No. 288-07 Ordering the
advertisement for bids for the Third Street Overpass Lighting Project were adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on June 4, 2007, in the Public Library Auditorium.
RESOLUTION NO. 286-07
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE THIRD STREET OVERPASS LIGHT REPLACEMENT PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Third Street
Overpass Light Replacement Project, in the estimated amount $31,625.00, are hereby preliminarily
approved and ordered filed in the office of the City Clerk for public inspection.
st
Passed, adopted and approved this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO. 287-07
FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE THIRD STREET OVERPASS LIGHT REPLACEMENT PROJECT
Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval to the
proposed plans, specifications, form of contract, and estimated cost for the Third Street Overpass
Light Replacement Project (the Project) and ordered the same to be on file in the office of the City
Clerk for public inspection.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
th
That a public hearing will be held on the 4 day of June, 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.
st
Passed, adopted and approved this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO. 288-07
ORDERING THE ADVERTISEMENT FOR BIDS FOR THETHIRD STREET OVERPASS LIGHT
REPLACEMENT PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the Third Street Overpass Light Replacement Project is hereby ordered to be advertised for
bids for construction.
BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in
an amount which shall conform to the provisions of the Notice to Bidders hereby approved.
That the City Clerk is hereby directed to advertise for bids for the construction of the improvements
herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having
general circulation in the City of Dubuque, Iowa, which notice shall be published more than twenty
10
th
days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 14 day of
June, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the
nd
City Council for final action at 6:30 p.m. on the 2 day of July, 2007, in the Public Library Auditorium,
th
360 West 11 Street, Dubuque, Iowa.
st
Passed, adopted and approved this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
Kaufmann Avenue Alley Storm Sewer Construction Project: City Manager recommending initiation
of the public bidding process for the Kaufmann Avenue Alley Storm Sewer Construction Project and
that a public hearing on the plans and specifications, form of contract, and estimated cost be set for
June 18, 2007. Upon motion the documents were received and filed, and Resolution No. 289-07
Preliminary approval of plans and specifications, form of contract, and estimated cost for the
Kaufmann Avenue Alley Storm Sewer Construction Project; Resolution No. 290-07 Setting date of
hearing on plans and specifications, form of contract, and estimated cost for the Kaufmann Avenue
Alley Storm Sewer Construction Project; and Resolution No. 291-07 Ordering the advertisement for
bids for the Kaufmann Avenue Alley Storm Sewer Construction Project were adopted setting a public
hearing for June 18, 2007, in the Public Library Auditorium.
RESOLUTION NO. 289-07
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE KAUFMANN ALLEY STORM SEWER CONSTRUCTION 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 Kaufmann
Alley Storm Sewer Construction Project, in the estimated amount $42,703.00, are hereby preliminarily
approved and ordered filed in the office of the City Clerk for public inspection.
st
Passed, adopted and approved this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO. 290-07
FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST FOR THE KAUFMANN ALLEY STORM SEWER CONSTRUCTION
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 Kaufmann Alley Storm
Sewer Construction 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 18 day of June, 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.
st
Passed, adopted and approved this 21 day of May, 2007.
11
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO. 291-07
ORDERING THE ADVERTISEMENT FOR BIDS FOR THE KAUFMANN ALLEY STORM SEWER
CONSTRUCTION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the Kaufmann Alley Storm Sewer Construction 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
st
days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 21 day of
June, 2007. Bids shall be opened and read by the City Clerk at said time and will be submitted to the
th
City Council for final action at 6:30 p.m. on the 16 day of July, 2007, in the Public Library Auditorium,
th
360 West 11 Street, Dubuque, Iowa.
st
Passed, adopted and approved this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
Vacate of Kerper Boulevard Property: City Manager recommending that a public hearing be set for
June 4, 2007 to consider a request from Union-Hoermann Press to vacate a portion of Kerper
Boulevard that abuts the existing Union-Hoermann facility at 2175 Kerper Boulevard. Upon motion
the documents were received and filed, and Resolution No. 292-07 Resolution of intent to vacate and
dispose of City interest in Lot 1A, Block 19, River Front Subdivision No. 3 in the City of Dubuque,
Dubuque County, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m.
on June 4, 2007, in the Public Library Auditorium.
RESOLUTION NO. 292-07
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 1A, BLOCK
19, RIVER FRONT SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Union-Hoermann Press, Inc. has requested the vacating of a portion of Kerper
Boulevard in Block 19 of River Front Subdivision No. 3; and
Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat
showing the vacated portion of Kerper Boulevard in Block 19 of River Front Subdivision No. 3; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that this portion of Kerper
Boulevard in Block 19 of River Front Subdivision No. 3 is no longer required for public use, except for
the utility easements as noted on the plat thereof, and vacating and sale of said Lot 1A, Block 19,
River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa, should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest and vacate a portion of
Kerper Boulevard in Block 19 of River Front Subdivision No. 3 in the City of Dubuque, as shown on
the Plat of Survey thereof.
Section 2. That the conveyance of Lot 1A, Block 19, River Front Subdivision No. 3 in the City of
Dubuque, Dubuque County, Iowa, to Union-Hoermann Press, Inc. be contingent upon the payment of
$8,839.00, plus surveying, platting, publication, and filing fees.
12
Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent
to be published as prescribed under Section 364.7 Code of Iowa, 1999 or amended.
st
Passed, approved and adopted this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
Port of Dubuque Parking Ramp – Urban Renewal Tax Increment Revenue Bonds: City Manager
recommending that a public hearing be set for July 26, 2007, to consider the sale of not to exceed
$25,000,000 Urban Renewal Tax Increment Revenue Bonds. Upon motion the documents were
received and filed, and Resolution No. 293-07 Fixing date for a hearing on the proposition of the
issuance of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds, of Dubuque,
Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on July 26, 2007, in the Public Library Auditorium.
Council Member Patricia Cline introduced the following Resolution entitled "RESOLUTION FIXING
DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED
$25,000,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS OF DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted.
Council Member Kevin Lynch seconded the motion to adopt. The roll was called and the vote was,
AYES: Braig, Buol, Cline, Connors, Jones, Lynch, Michalski
Whereupon, the Mayor declared the resolution duly adopted as follows:
RESOLUTION NO. 293-07
RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF
NOT TO EXCEED $25,000,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS, OF
DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue
Urban Renewal Tax Increment Revenue Bonds to the amount of not to exceed $25,000,000, as
authorized by Section 403.9 of the Code of Iowa, for the purpose of providing funds to pay costs of
carrying out a project as hereinafter described; and
WHEREAS, Section 403.9 sets forth the procedural action required to be taken before the Urban
Renewal Tax Increment Revenue Bonds may be issued, and it is therefore necessary that the action
hereinafter described be taken and that the Clerk publish a notice of the proposal and of the time and
place of the meeting at which the Council proposes to take action thereon and to receive oral and/or
written objections from any resident or property owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That this Council meet in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa,
st
at 6:30 o'clock P.M., on the 21 day of May, 2007, for the purpose of taking action on the matter of
the issuance of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds, the
proceeds of which will be used to provide funds to pay costs of aiding in the planning, undertaking
and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of
Iowa and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
Project Area, including those costs associated with (i) the construction of a multi-level public parking
ramp facility in the Port of Dubuque, pursuant to the Port of Dubuque Public Parking Facility
Development Agreement dated February 5, 2007 between the City of Dubuque, Iowa and Diamond
Jo, LLC.; (ii) the funding of a debt service reserve fund and a capitalized interest fund for the Bonds;
and (iii) the payment of costs associated with the issuance of the Bonds.
Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a
notice of the foregoing meeting and public hearing, in a legal newspaper, printed wholly in the English
13
language, published at least once weekly, and having general circulation in the City. The publication
shall be not less than four clear days nor more than twenty days before the date of public meeting on
the issuance of said obligations.
Section 3. The notice of the proposed action to issue the Urban Renewal Tax Increment Revenue
Bonds shall be in substantially the following form:
st
Passed and approved this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
Interstate Power Company – Permanent Easement: City Manager recommending that a public
hearing be set for June 4, 2007 to consider approval of granting a permanent easement to Interstate
Power Company in the Port of Dubuque. Upon motion the documents were received and filed, and
Resolution No. 294-07 Resolution of intent to dispose of an interest in real property by easement to
Interstate Power and Light Company setting a public hearing for a meeting to commence at 6:30 p.m.
on June 4, 2007, in the Public Library Auditorium.
RESOLUTION NO. 294-07
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY EASEMENT
TO INTERSTATE POWER AND LIGHT COMPANY
WHEREAS, the City of Dubuque, Iowa (City) is the owner of real property in the Port of Dubuque
shown on “Alliant Easement Exhibits A-1, A-2, A-3, A-4, and A-5” attached hereto (the Property):
and
WHEREAS, City and Interstate Power and Light Company (Interstate) have entered into an
Agreement pursuant to which City will grant the Underground Electric Line Easement (the Easement)
attached hereto on the Property to Interstate; and
WHEREAS, the City Council has tentatively determined that it would be in the best interest of City to
approve the grant of the Easement to Interstate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described Property
by Easement to Interstate Power and Light Company.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to
be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to
th
dispose of the foregoing-described Property, to be held on the 4 day of June, 2007, at 6:30 o'clock p.m.
at the Carnegie Stout Public Library auditorium, 11th & Locust, Dubuque, Iowa.
st
Passed, approved and adopted this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions: Arts and Cultural Affairs Advisory Commission
(Four 3-year “Arts” terms through June 30, 2010 – Terms of Kames, Kohl, Riedel, Wahlert).
Applicants: Catherine Goodman, Tom Goodman, Paul Hemmer, Louise Kames, Paul Kohl, Ioana
Mamali, Gene Perry, Susan Riedel, Julie Steffen, John Woodin. Upon vote Paul Hemmer, Louise
Kames, Paul Kohl, and Susan Riedel were appointed to 3-year terms through June 20, 2010.
14
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Dubuque Industrial Center Planned District: Proof of publication on notice of public hearing to
consider an amendment to the Dubuque Industrial Center Planned District from Open Space to
Industrial as requested by Matt Horsfield, Horsfield Company, 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 finally passed be suspended. Seconded by Lynch.
Motion carried 6-0. Matt Horsfield, 505 E. Main St. Epworth, Iowa, spoke in support of the ordinance.
Kyle Kritz, Planning Services, gave a staff report. Motion by Michalski for final consideration and
adoption of Ordinance No. 22-07 Amending Appendix A (the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the
Dubuque Industrial Center Phases I and II located at the southwest corner of Highway 32 (Northwest
Arterial) and Chavenelle Road and by repealing Ordinance 34-06. Seconded by Jones. Motion
carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 22-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY ADOPTING A REVISED PLANNED UNIT
DEVELOPMENT ORDINANCE FOR THE DUBUQUE INDUSTRIAL CENTER PHASES I AND II
LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 32 (NORTHWEST ARTERIAL) AND
CHAVENELLE ROAD AND BY REPEALING ORDINANCE 34-06
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 adopting a revised Planned Unit Development Ordinance for the Dubuque
Industrial Center, as shown in Attachment A, and to the centerline of the adjoining public right-of-way,
all in the City of Dubuque, Iowa.
Section 2. Planned Development District Regulations.
A) Purpose and Scope
This document sets forth the conditions and restrictions applicable to the specific PI
Planned Industrial District known as “Dubuque Industrial Center.” All development
and use of property in this specific district shall comply with these conditions as well
as with the PI Planned Industrial District provisions of the Zoning Ordinance and
other applicable regulations of the City of Dubuque.
This document is not intended to abrogate, annul or otherwise interfere with any
easement, covenant or an other private agreement or legal relationship; provided,
however, that where the conditions and restrictions of this document are more
restrictive or impose higher standards or requirements than such easement covenant
or other private agreement or legal relationship, the requirements of this document
shall govern.
B) Definitions
1) Building-related Features
Building-related features are defined as all construction items which rise above
the grade surface of the lot. These include:
15
a) The primary building.
b) All accessory or secondary buildings.
c) All exterior storage areas.
d) Exterior refuse collection areas.
e) Exterior mechanical equipment.
f) Containerized or tank storage of liquids, fuels, gases and other materials.
2) Vehicle-related Features
Vehicle-related features are defined as all areas used for the movement and
parking of all vehicles within the lot. These include:
a) Employee and visitor parking spaces.
b) Driveways from the street right-of-way line to and from parking
spaces.
c) Loading spaces outside of the building.
d) Maneuvering space and driveways to and from loading spaces.
e) Parking spaces for company-owned commercial vehicles.
3) Open Space Features
Open space features are defined as those exterior areas and developed
features of the lot which include:
a) Landscape space containing lawn areas and plantings.
b) Paved, hard-surfaced pedestrian areas such as walkways, plazas,
entryways and courtyards.
c) Surface storm water detention areas not otherwise used for
building-related or vehicle-related purposes.
d) Open recreation areas.
e) Other non-building and non-vehicular related space.
C) Use Regulations
Uses within this particular PI Planned Industrial District shall be permitted as follows:
1) Land Use Plan
Land uses shall be located only in compliance with Attachment A Dubuque
Industrial Center Land Use Plan Phase I and II.
2) Permitted Uses
a) Development parcels within Phase I of the Dubuque Industrial Center may
be used for any principal permitted, accessory and conditional use allowed
in the HI Heavy Industrial District.
b) Development parcels within Phase !! of the Dubuque Industrial Center
may be used for the following permitted and accessory uses:
1) Railroad and public or quasi-public utilities, including substations –
[47].
2) General offices – [14].
3) Medical/dental lab – [8].
4) Personal services – [14].
5) Off-street parking lot – [N/A]
6) Parking structure – [N/A]
7) Bakery (wholesale/commercial) – [19].
8) Drive-up automated bank teller – [8].
9) Furniture upholstery/repair – [18].
10) Banks/savings and loans, and credit unions – [31].
11) Vending/game machine sales and service – [19].
12) Mail order houses – [23].
16
13) Construction supply sales and service – [19].
14) Printing/publishing – [32].
15) Moving/storage facilities – [33].
16) Wholesale sales/distributor – [29].
17) Freight transfer facilities – [33].
18) Agricultural supply sales – [19].
19) Cold storage/locker plants – [15].
20) Packing and processing of meat, dairy or food products, but not to
include slaughter houses or stockyards – [33].
21) Compounding, processing and packaging of chemical products, but
not including highly flammable or explosive materials – [33].
22) Manufacture, assembly, repair or storage of electrical and electronic
products, components or equipment – [33].
23) Laboratories for research or engineering – [33].
24) Warehousing and storage facilities – [33].
25) Manufacture or assembly of musical instruments, toys, watches or
clocks, medical, dental, optical or similar scientific instruments;
orthopedic or medical appliances; signs or billboards – [33].
26) Manufacturing, compounding, assembly or treatment of articles or
products from the following substances: clothing or textiles, rubber,
precious or semi-precious stones or metal, wood, plastic, paper,
leather, fiber, glass, hair wax, sheet metal, feathers, fur, and cork –
[33].
27) Manufacture, storage or processing of the following products or
materials: glue, petroleum products or any flammable liquid, asphalt
or concrete products, explosive materials of any type, structural steel
and foundry products, fertilizer, pharmaceutical products, including
cosmetics, toiletries and soaps, and stone products, including brick,
building stone and simlar masonry materials – [33].
[ ] Parking group – see Section 4-2 of the Zoning Ordinance.
Accessory Uses: The following uses shall be permitted as accessory uses:
1) Any use customarily incidental and subordinate to the principal use it
serves.
D) Lot and Bulk Standards
1) Maximum Height
Maximum height of building-related features shall not exceed fifty (50) feet, except
that structural appurtenances, such as towers, chimneys, and mechanical equipment
may be allowed to exceed this limit.
2) Land Area Coverage
a) Land area coverage by building-related features and vehicle-related features
shall not exceed the maximum limits established in this section. Land area for
open space-related features shall not be less than the minimum limits
established in this section.
b) Maximum lot coverage shall be eighty (80) percent. All building and vehicle-
related features shall be considered when calculating total land area coverage,
except fire lanes and railroad tracks. The City Engineer shall review all building
and paving expansions for compliance with storm water control regulations and
policies.
3) Lot Development Zones
17
Development on each lot is regulated by standards for each of four lot development
zones shown on Attachment B. The position of each lot line related to adjacent lots,
streets, public open space and existing topography establishes the type of zone
which has been designated for each lot line. The degree to which building-related,
vehicle-related, and open space-related features may be developed in each zone is
established in accordance with the section diagrams included as Attachment C, parts
1 through 5. Abbreviations used on the diagrams include:
BR: Building-related features
VR: Vehicle-related features
OS: Open space-related features
Basic Zone Descriptions:
“A” Zone: Area between street right-of-way line and “B” zone. Principally contains
open space and a limited amount of vehicle-related features. No building-
related features are allowed in this zone. “A” zones associated with major
and minor streets are different.
“B” Zone: Major area inside the “A”, “C”, and “D” zones. Principally contains building
and vehicle-related features with a lesser amount of open space.
“C” Zone: Area between the public open space (back or side) lot lines and the “B”
zone. Principally contains open space and a limited amount of vehicle-
related features.
“D” Zone: Area associated with a lot line separating two lots. Principally contains
open space and a limited amount of vehicle-related features.
E) District Standards
Each use shall be planned, designed, constructed, operated and maintained in such a
manner as to comply with the district standards of the PI Planned Industrial District and the
following:
1) Required Open Space Development
a) Plant Materials. The open space area of each lot shall be planted with
permanent lawn and ground covers, shrubs and trees. These plantings shall be
designed to perform the functions and purposes set forth in Guidelines for the
Selection of Plant Materials (Attachment D).
The installation of required planting materials may be phased in direct
proportion to the phasing of building construction. All exposed soil areas
remaining after the construction of the building and vehicle-related features
shall be planted with a permanent ground cover to prevent erosion.
The area between the paved public street and the right-of-way line shall be
planted and maintained by the lot owner.
b) Pedestrian Areas: Permanent hard-surfaced walkways shall be installed and
maintained for the purposes of pedestrian movement between all parking areas
and functioning entrances and exits of the buildings.
2) Control of Vehicle-related Features
a) Parking spaces required: Each developed lot shall provide a minimum number
of off-street parking spaces for employees and visitors. The number of spaces
required shall be in accordance with Section 4-2 of the Zoning Ordinance.
When computation of required off-street parking spaces results in a fractional
number, the required spaces shall be the next higher whole number. All off-
street parking spaces shall be located on the same lot as the building for which
such spaces are required or on an adjacent lot in a location which is not farther
than 300 (three hundred) feet from the building served. Parking spaces
18
provided for overnight storage of company-owned commercial vehicles shall be
in addition to the minimum required number of spaces.
b) Loading spaces required. A minimum number of required off-street loading
spaces shall be provided on each developed lot as established by applicable
provisions of the City of Dubuque Zoning Ordinance enforced at the time of
development of the lot.
c) Phased construction of buildings, parking spaces and loading spaces. The
construction of off-street parking spaces and loading spaces may be phased in
proportion to the percentage of total building floor area constructed at any one
time. Ground area set aside for future parking, loading spaces or driveways or
for parking provided in excess of the minimum required number of parking or
loading spaces shall not reduce the minimum required area for open space.
d) Location of vehicle-related features on the lot. The ground location of all
vehicle-related features is controlled by the provisions of Section D(3) Lot
Development Zones.
e) Design. All vehicle-related features shall be surface with a hard, all-weather,
durable, dust-free surfacing material. Proper drainage of storm water shall be
provided. All parking and loading spaces shall be delineated on the surfacing
material by painted stripes or other permanent means. Widths and lengths of
parking and loading spaces shall be governed by applicable provisions of City
of Dubuque Ordinances enforced at the time of development of the lot.
The number, size, design and location of parking spaces designated for
handicapped drivers shall be according to local, state or federal requirements in
effect at the time of development. The location or driveway intersections with
public streets shall be established by the City of Dubuque.
Reverse movement maneuvering of deliver vehicles between the lot and minor
cul-de-sac streets is allowable. No on-street maneuvering or delivery vehicles
will be allowed on any type of through street. Lots adjoining through streets
shall provide all necessary maneuvering space for delivery vehicles within the
confines of the lots.
f) Loading doors and docks. All loading (shipping and receiving of raw and
manufactured goods) doors and docks shall be designed to provide for the
direct movement of goods between the delivery vehicle and the interior of the
building. No visually exposed platform docks shall be allowed, except within
fully screened storage areas. Exterior loading and unloading of vehicles is
allowed within screened exterior storage areas.
3) Utility Location
a) Service lines. All electrical, telephone, television cable and other similar utility
lines serving the building and other site features shall be located underground.
b) Mechanical equipment. All electrical transformers, switching gear, relay boxes,
meters, air conditioning units, heat pumps, and other similar mechanical
equipment shall be located in positions which are shielded from view from pubic
streets in the Dubuque Industrial Center. Constructed fencing or walls and plant
materials may be used to visually screen such mechanical equipment.
4) Site Signage
a) Applicability of City of Dubuque Ordinances. The provisions of the City of
Dubuque Zoning Ordinance and Sign Ordinance apply to the construction and
maintenance of signs, unless further regulated by this section.
19
b) Off-premise signs. No off-premise signs shall be erected or constructed in the
Dubuque Industrial Center or on any of the private lots or buildings within the
Dubuque Industrial Center.
c) On-premise signs.
1) Allowable content. Signs, messages and graphics shall be limited to the
following contents:
Primary Sign
Identification of company name
?
Identification of company products or services
?
Street address
?
Graphic symbol or logo identified with the company
?
Secondary Sign
Directional messages necessary for the safe and efficient flow or
?
vehicular and pedestrian traffic on the lot
Identification of visitor entrances to the building, shipping and
?
receiving docks, and other deliver points
Identification of assigned parking spaces and handicapped
?
accessibility
Temporary announcements of pending or new construction
?
Commemorative messages
?
2). Maximum number of signs. The number of primary signs shall not exceed
five (5) for each premises or lot.
No maximum number of secondary signs is established.
3) Maximum area of sign panel. If a primary sign is building-mounted its total
area shall not exceed 15% of the area of the building wall upon which it is
mounted. If the primary sign is freestanding, its maximum area shall not
exceed the following:
Lot area (acres) Maximum primary sign area (square feet)
0 to 5 30 square feet
5.01 to 10 50 square feet
10.01 to 20 70 square feet
20.01 + 90 square feet
The area of double-faced freestanding signs shall be computed as the
area of a single face only.
No maximum cumulative area is established for secondary signs;
however, no single permanent secondary signs hall exceed six feet in
area.
4) Allowable structural types. Primary and secondary signs may be mounted
on exterior walls of buildings or may be freestanding. No signs shall be
mounted on roofs or above any eave or parapet of a building. All building-
mounted signs shall be flush mounted on the wall and no projections
beyond one (1) foot shall be allowed. The determination of area of signs
composed of separate elements shall be the area of a rectangle that
completely encloses all such elements and/or corporate identification
devices.
5) Sign locations on lots. Building-mounted primary signs may be located on
any façade of a building in the industrial park. Freestanding primary signs
may be located anywhere on the building lot.
Secondary signs may be located anywhere on the lot and on any building
façade.
20
No signs may project in space over a street or right-of-way line, any
visibility triangle area, or onto another lot.
6) Height regulations. Primary signs and their supporting structure(s) shall
not extend upward to an elevation higher than the roof line of the building
which is served by the sign.
7) Lighting. Primary signs may be illuminated only by means of indirect
lighting whereby all light sources and devices are shielded from view by
opaque or translucent materials. Secondary signs shall not be illuminated.
8) Motion. No signs may include any device or means, mechanical, electrical
or natural, which shall cause any motion of the sign panel or any part
thereof. No flashing lights or changing colors shall be allowed.
5) Storm Water Management
a) Existing Watersheds. The area of watersheds after development shall remain
the same as pre-development watersheds, or as directed by the Public Works
Department of the City of Dubuque.
b) Storm Water Conveyance. The developer of each lot shall be responsible for
providing surface or subsurface conveyance(s) of storm water from the lot to
existing storm sewers or to flow line of open drainageways outside the lot in a
means that is satisfactory to the Public Works Department of the City of
Dubuque.
6) Site Lighting
a) Types. Exterior illumination of the site shall be limited to the illumination of:
1) Parking areas, driveways, and loading docks.
2) Pedestrian walkway surfaces and entrances to building.
3) Screened storage areas.
4) Building exterior.
b) Location and design. All exterior lighting shall be designed, installed and
maintained so as not to cause direct glare or to shine into adjacent lots and
streets. No light source shall provide illumination onto adjacent lots, buildings,
or streets in excess of 1.0 foot candle. All exterior lighting luminaries shall be
designed and installed to shield light from the luminare at angles above 72
degrees from vertical.
Fixtures mounted on a building shall not be positioned higher than the roof line
of the building. Post-mounted freestanding fixtures shall not be higher than
thirty (30) feet above the ground.
7) Operations within enclosed buildings
All operations and activities shall be conducted or maintained within completely
enclosed buildings except:
a) Off-street parking and loading spaces.
b) Employee recreational facilities.
c) Outdoor or exterior storage.
8) Exterior Storage and Trash Collection Areas
a) Allowable types of storage. Exterior storage is permitted only for raw and
processed goods, equipment and other materials related to the principal activity
of the lot. The storage of trash and debris shall be limited to that produced by
the principal permitted use of the lot. No outdoor storage of materials or trash
which could be blown into the air or strewn about by the wind shall be
permitted.
21
b) Location and area coverage of exterior storage and trash collection. The
location of exterior storage and trash collection areas is controlled by provisions
of Section 4.3 Lot Development Zones. The ground area coverage of exterior
storage and trash collection areas shall be the area contained inside the
required screening and this area shall be considered to be a building-related
feature for purposes of calculating total land area coverages.
c) Screening of exterior storage and trash collection areas. All exterior storage and
trash collection areas and the materials contained therein shall be visually
screened from view. The screening shall be a completely opaque fence, wall or
other feature not exceeding a height of ten (10) feet measured from the ground
level outside the line of the screen. Screen structures built on sloping grades
shall be stepped, so that their top line shall be horizontal. Exposed materials
used to construct the opaque screen shall be similar in appearance to materials
used for exterior building walls. Colors of the screen shall match those of the
building. All exterior entrances to a screened storage or trash area shall be
provided with a gate or door of similar design to that of the screen. Gates or
doors facing a street frontage or the Northwest Arterial shall be closed at all
times other than when a vehicle or personnel are using the entrance for access
to and from the screened area.
If a ten (10) foot high screen fails to shield the exterior storage or trash
collection area from view from points inside or outside of the property,
evergreen plantings may be required. Evergreen plant materials shall be
selected and designed so that they will eventually screen the area from all off-
site visibility. In such cases, if initial plantings are of six (6) foot height or
greater, the requirements of other opaque screening shall be omitted.
F) Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall include in the transfer
or lease agreement a provision that the purchaser or lessee acknowledges awareness of
the conditions authorizing the establishment of the district.
G) Modifications
Any modifications of this Ordinance must be approved by the City Council in accordance
with zoning reclassification proceedings of Section 6 of the Zoning Ordinance.
H) Recording
A copy of this ordinance shall be recorded at the expense of the property owner(s) with the
Dubuque County Recorder as a permanent record of the conditions accepted as part of
this reclassification approval within ten (10 days after the adoption of this ordinance. This
ordinance shall be binding upon the undersigned and his/her heirs, successors and
assigns.
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 upon publication as provided by law.
st
Passed, approved and adopted this 21day May, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl. Assistant City Clerk
th
Published officially in the Telegraph Herald Newspaper the 28 day of May, 2007
/s/Kevin S. Firnstahl, Assistant City Clerk
1t 5/25
8005 Seippel Court Rezoning: Proof of publication on notice of public hearing to consider rezoning
property located at 8005 Seippel Court from R-2 Two-Family Residential District to CS Commercial
22
Service and Wholesale District as requested by Brian Lammers, and Zoning Advisory Commission
recommending approval. Motion by Cline to receive and file the documents and that the requirement
that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 6-0.
Brian Lammers 12998 English Mill Road, spoke in support of the ordinance. Michalski expressed
concern over developers urging the City to zone R-2 and then back again to CS. Lammers explained
that the property was purchased under R-2, which protected one house that he now owns. Kyle Kritz,
Planning Services, gave the staff report explaining the removal of uses and the addition of conditional
zoning. Motion by Cline for final consideration and adoption of Ordinance No. 23-07 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying
hereinafter described property located at 8005 Seippel Court from R-2 Two-Family Residential District
to CS Commercial Service and Wholesale District, with conditions. Seconded by Jones. Motion
carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 23-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 8005 SEIPPEL COURT FROM R-2 TWO-FAMILY RESIDENTIAL
DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is
hereby amended by reclassifying the hereinafter-described property from R-2 Two-Family Residential
District to CS Commercial Service and Wholesale District, with conditions, to wit: Lot 1 Seippel Road
Commercial Park, Plat 2, 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.
st
Passed, approved and adopted this 21 day May, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, Assistant City Clerk
ACCEPTANCE OF ORDINANCE NO. 23-07
I, Brian Lammers, representing Tri-State Development, property owner, having read the terms and
conditions of the foregoing Ordinance No. 23 - 07 and being familiar with the conditions thereof,
hereby accept the same and agree to the conditions required therein.
st
Dated in Dubuque, Iowa this 21 day of May, 2007.
/s/Brian Lammers
th
Published officially in the Telegraph Herald Newspaper the 28 day of May, 2007
/s/Kevin S. Firnstahl, Assistant City Clerk
1t 5/25
Tanzanite Drive PUD Text Amendment: Proof of publication on notice of public hearing to consider
an amendment to the Planned Unit Development District to allow 40 two-unit townhouses with revised
access and setbacks for property located on Tanzanite Drive as described as Lot F of Emerald Acres
No. 4 as requested by Ron Klein Construction Company, and Zoning Advisory Commission
recommending approval. Motion by Cline 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
23
the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 6-0.
Ron Klein, Klein Construction, 15318 Holstein Drive, Sherrill, Iowa, stated that they are changing the
layout for on-street parking and not adding units. Kyle Kritz, Planning Services, gave the staff report
noting that this is a request to amend an existing PUD where the original developer is no longer
involved. Garage units have been increased and the street was designed to handle the increasing
traffic. Michalski asked if the new townhouses were an increase in the housing cost classification.
Kritz concurred. Barb Horsfall, 575 Sapphire Circle, said that although this was an improved request
from the original PUD, she still had concerns regarding traffic and safety. There is less space between
units limiting green space and play areas. Water pressure in the area has become an issue, and she
questioned the access width for emergency vehicles. She requested a survey be done by the City’s
Engineering Department. Rod Tschiggfrie, 600 Sapphire Circle, agreed that the original PUD was
unattractive, he agreed with Mr. Klein’s designs that incorporate a deliberate division between the R2
and mobile home areas. Cline asked about water runoff in conjunction with Horsfall’s concerns. Kritz
said that there is a 3% permeable increase on the whole site as required in a PUD to address water
run off adding that driveways are for garage access only but could allow for 4 vehicles. There is no
concern with emergency vehicle access. Motion by Cline for final consideration and adoption of
Ordinance No. 24-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by providing for the amendment of Ordinances 10-99, 96-02, 86-03 and 14-06, which
adopted regulations for the Emerald Acres PUD Planned Unit Development District with a PR
Planned Residential Designation and approving an amended ordinance for the Emerald Acers PUD
Planned Unit Development District. Seconded by Jones. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 24-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY PROVIDING FOR THE AMENDMENT OF ORDINANCES
NO. 10-99, 96-02, 86-03 AND 14-06, WHICH ADOPTED REGULATIONS FOR THE EMERALD
ACRES PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL
DESIGNATION AND APPROVING AN AMENDED ORDINANCE FOR THE EMERALD ACRES
PUD PLANNED UNIT DEVELOPMENT DISTRICT.
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 providing for the amendment of ordinances 10-99, 96-02, 86-03 and 14-06,
which adopted regulations for the Emerald Acres PUD Planned Unit Development District with a PR
Planned Residential designation, and approving an amended Ordinance for the Emerald Acres PUD
Planned Unit Development District, a copy of which is attached to and made a part hereof, to wit:
Lot F Emerald Acres No. 4, and to the centerline of the adjoining public right-of-way, all in the City
of Dubuque, Iowa.
Section 2. Emerald Acres Planned Unit Development District Regulations.
A. Use Regulations The following regulations shall apply to all uses made of land in the
above-described PUD District:
1. Principal permitted uses for Lots 5 thru 27 Emerald Acres #2 shall be limited to:
a. Single-family detached dwellings – [11]
2. Principal permitted uses for Lot F Emerald Acres No. 4 shall be limited to:
a. Two-family dwelling (duplex)—[11].
b. Townhouses (maximum two [2] dwelling units)—[11].
3. Principal permitted uses for Lots 1-1 thru 2-4 of Emerald Acres No. 5 shall be
limited to:
24
a. Single-family detached dwellings – [11]
b. Two-family dwelling (duplex) – [11]
c. Multi-family dwelling (maximum six [6] dwelling units) – [9]
d. Townhouses (maximum six [6] dwelling units) – [11]
[ ] Parking group – see Section 4-2 of the Zoning Ordinance.
4. Accessory uses shall include any use customarily incidental and subordinate to
the principal use it serves.
B. Lot and Bulk Regulations Development of land in the PUD District shall be regulated as
follows:
1. Development of Lots 5 thru 27 Emerald Acres #2 shall meet bulk regulations set
forth in the Zoning Ordinance for the R-1 Single-Family Residential District.
2. Development of Lot F Emerald Acres No. 4 may proceed in substantial
conformance with attached conceptual plan.
3. Development of Lots 1-1 thru 2-4 of Emerald Acres No. 5 shall meet the bulk
regulations set forth in the Zoning Ordinance for the R-3 Moderate Density Multi-
Family Residential District.
C. Performance Standards. The development and maintenance of uses in this PUD District
shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the
following standards:
1. Proposed public streets in the Planned Residential development shall be
designed and built to City Engineering specifications.
2. Tanzanite Drive shall be constructed to a width of 37 feet.
3. Erosion control devices shall be provided during all phases of construction of the
Planned Residential development.
4. Parking requirements for allowed uses shall be as per the parking group for the
designated use, in accordance with Section 4-2 of the Zoning Ordinance.
5. Sidewalks shall be provided adjoining all public streets.
6. Storm water control facilities will be installed as per City Engineering
requirements.
7. Final site development plans shall be submitted in accordance with Section4-4 of
the Zoning Ordinance prior to construction of any buildings.
D. Open Space and Recreational Areas Open space and landscaping in the PUD District
shall be regulated as follows:
1. Those areas not designated on the conceptual plan for development shall be
maintained as open space, as defined by Section 8 of the Zoning Ordinance, by
the property owner and/or association.
E. Sign Regulations. Signs in the PUD District shall be regulated as follows:
1. Signs shall be allowed in the Planned Residential development in accordance
with the R-1 Single-Family Residential District regulations of the Zoning
Ordinance.
F. Additional Standards.
1. That a site plan shall be submitted for Lot F Emerald Acres No. 4 as per Section
4-4, Site Plan Review Provisions of the City of Dubuque Zoning Ordinance.
2. That the attached conceptual development plan shall constitute a preliminary
subdivision plat, in accordance with Chapter 42, Subdivision Regulations, of the
City of Dubuque Code of Ordinances.
3. That the address of each dwelling unit shall be clearly displayed along Tanzanite
Drive.
4. That the property between the south right-of-way line of Tanzanite Drive and the
south property line of Lot 2 of Lot 1 of SE ¼ of SE ¼, Section 2 must comply with
25
the regulations adopted for Alpine Heights Mobile Home Park Ordinance No. 72-
98.
G. Transfer of Ownership. Transfer of ownership or lease of property in this PUD District
include in the transfer or lease agreement a provision that the purchaser or lessee
acknowledges awareness of the conditions authorizing the establishment of the district.
H. Modifications. Any modifications of this Ordinance must be approved by the City Council
in accordance with zoning reclassification proceedings of Section 6 of the Zoning
Ordinance.
I. Recording. A copy of this ordinance shall be recorded at the expense of the property
owner with the Dubuque County Recorder as a permanent record of the conditions
accepted as part of this reclassification approval within forty-five (45) days after the
adoption of this ordinance. This ordinance shall be binding upon the undersigned and
his/her heirs, successors and assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as provided by law, and at
such time that the herein described property is legally annexed into the City of Dubuque, Iowa.
st
Passed, approved and adopted this 21day May, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, Assistant City Clerk
th
Published in the Telegraph Herald Newspaper the 28 day of May, 2007.
/s/Kevin S. Firnstahl, Assistant City Clerk
1t 5/25
3105 Cedar Crest Ridge Rezoning: Proof of publication on notice of public hearing to consider
rezoning property located at 3105 Cedar Crest Ridge from CS Commercial Service and Wholesale
District to C-3 General Commercial District as requested by Ron Smith/RRTC Properties, and Zoning
Advisory Commission recommending approval. Motion by Cline to receive and file the documents and
that the requirement that a proposed Ordinance be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by
Jones. Ron Smith, 1640 Justin Lane, spoke in support of the ordinance. Kyle Kritz, Planning
Services, gave the staff report. He stated that traffic has been increasing on Cedar Cross, which is
conducive to C-3 zoning. Motion by Lynch for final consideration and adoption of Ordinance No. 25-
07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying property located at 3105 Cedar Crest Ridge from CS Commercial Service and
Wholesale District to C-3 General Commercial District. Seconded by Jones. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 25-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 3105 CEDAR CREST RIDGE FROM CS COMMERCIAL SERVICE AND
WHOLESALE DISTRICT TO C-3 GENERAL COMMERCIAL 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 CS Commercial Service
and Wholesale District to C-3 General Commercial District, to wit: Lot 1 Cedar Ridge Farm Place No.
4, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
26
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.
st
Passed, approved and adopted this 21 day May, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, Assistant City Clerk
th
Published in the Telegraph Herald Newspaper the 28 day of May, 2007.
/s/Kevin S. Firnstahl, Assistant City Clerk
1t 5/25
Kebbie Drive Rezoning: Proof of publication on notice of hearing to consider rezoning property on
Kebbie Drive described as Lot 3 of Bies Subdivision #2 from R-2 Two-Family Residential District to R-
3 Moderate-Density Multi-Family Residential District as requested by James and Renee Schreiber,
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 finally passed be suspended.
Seconded by Jones. Motion carried 6-0. James Schreiber spoke in favor of the rezoning adding that
he delayed building on the rear of his property, which is already R-3 until this request was
determined. Kyle Kritz, Planning Services, gave the staff report noting that this property backs up to
the Lifetime Center building and has undergone multiple rezonings. Motion by Michalski for final
consideration and adoption of Ordinance No. 26-07 Amending Appendix A (the Zoning Ordinance) of
the City of Dubuque Code of Ordinances by reclassifying property located at the end of Kebbie Drive
from R-2 Two-Family Residential District to R-3 Moderate-Density Multi-Family Residential District.
Seconded by Jones. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 26-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT THE END OF KEBBIE DRIVE FROM R-2 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-2 Two-Family Residential
District to R-3 Moderate Density Multi-Family Residential District, to wit: Lot 3 C. J. Bies Subdivision
No. 2, 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.
st
Passed, approved and adopted this 21 day May, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, Assistant City Clerk
th
Published officially in the Telegraph Herald Newspaper the 28 day of May, 2007.
/s/Kevin S. Firnstahl, Assistant City Clerk
1t 5/25
Carnegie Stout Public Library Landmark Nomination: Proof of publication on notice of public
hearing to consider the nomination of Carnegie-Stout Public Library as a historic landmark, as
recommended by the Long Range Planning Advisory Commission, and City Manager recommending
27
approval. Motion by Cline to receive and file the documents and that the requirement that a proposed
Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspended. Seconded by Lynch. Motion carried 6-0. Motion by
Lynch for final consideration and adoption of Ordinance No. 27-07 Amending Chapter 25 (Historic
Preservation) of the City of Dubuque Code of Ordinances by adding a new Section 25-6.15
Designating the Carnegie Stout Public Library as a Landmark. Seconded by Jones. Motion carried 6-
0.
OFFICIAL PUBLICATION
ORDINANCE NO. 27-07
AN ORDINANCE AMENDING CHAPTER 25 (HISTORIC PRESERVATION) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SECTION 25-6.15 DESIGNATING THE
CARNEGIE STOUT PUBLIC LIBRARY AS A LANDMARK
Whereas, the Historic Preservation Commission has recommended an amendment to Chapter 25
(Historic Preservation) of the City of Dubuque Code of Ordinances designating the Carnegie Stout
Public Library as a landmark; and
Whereas, the City Council concurs with the designation of the Carnegie Stout Public Library as a
landmark in accordance with the provisions of Chapter 25.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Section 25-6 of the City of Dubuque Code of Ordinances is hereby amended by adding
the following new section:
Sec. 25-6.15. Carnegie Stout Public Library:
The property hereinafter described is hereby designated as a landmark, according to the
provisions of this chapter:
The circa 1901 building situated on City Lot 658A, City Lot 659, City Lot 660, balance of
th
City Lot 658, commonly known as 360 West 11 Street.
Section 2. This ordinance shall take effect immediately upon publication, as provided by law.
st
Passed, approved and adopted this 21 day May, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, Assistant City Clerk
th
Published officially in the Telegraph Herald Newspaper the 28 day of May, 2007.
/s/Kevin S. Firnstahl, Assistant City Clerk
1t 5/25
Port of Dubuque Adams Development LLC Special Warranty Deed: Proof of publication on notice
of public hearing to consider approval of the disposition of property by deed to Port of Dubuque
Adams Development, LLC, and City Manager recommending approval. Motion by Cline to receive
and file the documents and adopt Resolution No. 295-07 Disposing of an interest in real property by
deed to Port of Dubuque Adams Development, LLC. Seconded by Lynch. Motion carried 6-0.
RESOLUTION NO. 295-07
DISPOSING OF AN INTEREST IN REAL PROPERTY BY DEED TO PORT OF DUBUQUE ADAMS
DEVELOPMENT, L.L.C.
WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property):
Lot 2-2 in Adams Company’s Fourth Addition in the City of Dubuque, Iowa, according to the recorded
plat thereof (the Property);
and
28
WHEREAS, City and Port of Dubuque Adams Development, L.L.C. have entered into a Development
Agreement pursuant to which City will convey the Property to Port of Dubuque Adams Development,
L.L.C.; and
WHEREAS, on May 21, 2007, the City Council pursuant to notice published as required by law held a
public hearing on its intent to dispose of the foregoing interest in the Property and overruled all
objections thereto; and
WHEREAS, the City Council finds that it is in the best interest of the City to approve the disposition of
the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Upon fulfillment of the conditions in the Development Agreement, the Mayor is hereby
authorized and directed to execute a deed disposing of all of the City's right, title and interest in the
Property to Port of Dubuque Adams Development, L.L.C.
st
Passed, approved and adopted this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
US 52 North Storm Sewer Improvement Project: Proof of publication on notice of public hearing to
consider adoption of the plans and specifications, form of contract, and estimated cost for the US 52
North Storm Sewer Improvement Project, and City Manager recommending approval. Motion by Cline
to receive and file the documents and adopt Resolution No. 296-07 Approving plans and
specifications, form of contract, and estimated cost for the US 52 North Storm Sewer Improvement
Project. Seconded by Jones. Motion carried 6-0.
RESOLUTION NO. 296-07
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST
FOR THEUS 52 NORTH STORM SEWER IMPROVEMENT 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 US 52 North
Storm Sewer Improvement Project, in the estimated amount $310,649.00, are hereby approved.
st
Passed, adopted and approved this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
Grand River Center Carpet Replacement Project: Proof of publication on notice of public hearing to
consider adoption of plans and specifications, form of contact, and estimated cost for the Grand River
Center Carpet Replacement Project and City Manager recommending approval. Motion by Cline to
receive and file the documents and adopt Resolution No. 297-07 Approval of plans and specifications,
form of contract, and estimated cost for the Grand River Center Carpet Replacement Project.
Seconded by Michalski. Michalski asked if the new patterns or designs would retain the beauty of the
original carpet. Assistant City Manager Steinhauser said that the replacement carpet would be similar
to the original patterns but more resistant to stains and fading caused by harsh cleaning chemicals.
Motion carried 6-0.
RESOLUTION NO. 297-07
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST
FOR THE GRAND RIVER CENTER CARPET REPLACEMENT PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
29
That the proposed plans, specifications, form of contract and estimated cost for the Grand River
Center Carpet Replacement Project, in the estimated amount of $45,000, are hereby approved.
Passed, approved and adopted this 21st day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Grandview Pet Park: Request of Lynn Behrens to address the City Council regarding a petition in
support of keeping the Grandview Pet Park open. Motion by Cline to receive and file the documents.
Seconded by Michalski. Julie Thom, 530 Napier Street, spoke in favor of the pet park disputing
previous claims about barking and the park’s appearance. She believes barking is not continuous and
suggested the City’s Animal Control Office investigate. She said the City does a good job of
maintenance and suggested alternating the use of each side of the park to allow for replanting of the
side not in use. She believes a dog park at any location would affect property owners. An additional
petition was submitted for the record. Motion carried 6-0.
Dubuque Genealogical Society: Nancy Stroup, Vice President, Dubuque Genealogical Society,
requesting to address the City Council regarding City assistance for relocation pending termination of
lease with the Masonic Temple. Motion by Cline to receive and file. Seconded by Jones. Nancy
Stroup, 10004 Westbrook Road, Galena, Illinois, and Vice President of the Genealogical Society,
provided some background on the organization for Council. It is a non-profit historical group that has
records related to 400 surnames from the Dubuque area. They currently reside in the Mary of Angels
th
building at 6 and Bluff but will need new space soon. A partnership with the City would help increase
visibility of the Society. Motion carried 6-0.
Patricia Broessel Special Assessment: Correspondence from Attorney Joseph Bitter on behalf of
Patricia Broessel requesting to address the Council regarding a special assessment for sidewalk and
curb replacement at 2093 Washington Street. Motion by Cline to receive and file. Seconded by Lynch.
Van Milligen said that the City Engineering Department has been in contact with Mr. Bitter and
clarified that this issue involved two separate assessments, one assessable and one non-assessable.
Motion carried 6-0.
All Veterans’ Memorial: City Manager recommending approval of construction of a new All
Veterans’ Memorial at the McAleece Park and Recreation Complex. Motion by Cline to receive, file,
and approve the documents. Seconded by Michalksi. George Goebel, Commander, VFW 9663,
submitted design documents and reviewed plans stating that this memorial would have year-round
access, would be maintenance free, and efforts would be made to deter vandalism. Cline inquired
about recent controversy. Goebel said that the Marshall Park Memorial has been plagued by a poor
design and lack of funds for repair or redesign. Michalski asked about the current memorials inside
Riverview Park. Goebel said that those memorials are closed for some occasions. The All Veterans
Memorial would be in proximity to those memorials but accessible for ceremonies year round. Nick
Lucy, 783 Fenelon Place, concurred that the Marshal Park Memorial wasn’t functioning and is
unfinished because of the money needed to repair design flaws. He said that no one has agreed to
meet with him to consider working together and using these funds to repair Marshal Park. He also
said that there is no signage informing people of the memorial. Jones felt that neither memorial
30
detracts from the other. Since there is no City funding being used, it is a personal choice whether or
not to donate. Michalski expressed concerns about the size of the design. Because of the Chaplain
Schmitt Memorial, would there be adequate space. Van Milligen said that this re-design is appropriate
in terms of size and cost, and it has good synergy. Motion carried 6-0.
German Bank Building, LLLP – Development Agreement: City Manager recommending approval of
a development agreement between the City of Dubuque and German Bank Building, LLLP, for the
revitalization of the Old German Bank Building. Motion by Michalski to receive and file, and adopt
Resolution No. 298-07 Authorizing the execution of a development agreement with German Bank
Building, LLLP. Seconded by Lynch. Motion carried 6-0.
RESOLUTION NO 298-07
AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH GERMAN BANK
BUILDING, LLLP.
Whereas, the City Council of the City of Dubuque, Iowa, after public hearing, duly adopted an
Urban Renewal Plan (the Plan) for the Greater Downtown Urban Renewal District (the District); and
Whereas, the Plan provides that the City may undertake special financing activities, including loans
or grants to private developers, to meet the objectives of the Plan and to encourage the development
of the District; and
Whereas, the City Council has determined, in accordance with Section 15A.1 of the Iowa Code,
that German Bank Building, LLLP is qualified to receive such loan or grant assistance to assist with
the renovation of an historic building within the District; and
Whereas, it is expected that the aggregate amount of the Tax Increment Revenue obligations will
be $200,000.00, more or less, due to assessment increases and/or tax rate adjustments; and
Whereas, a Development Agreement, attached hereto and by this reference made a part hereof,
sets forth the terms and conditions of the disbursement of Tax Increment Revenue proceeds to
German Bank Building, LLLP.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the form of Development Agreement by and between the City of Dubuque and
German Bank Building, LLLP attached hereto, is hereby approved.
Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute, on behalf
of the City of Dubuque, Iowa, said Development Agreement.
st
Passed, approved and adopted this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
Historic Preservation Commission Membership: City Manager recommending approval of an
amendment to the Historic Preservation Ordinance which would allow property owners or business
owners to temporarily represent vacant historic district seats until such time that a resident volunteer
can be appointed. Motion by Jones to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be finally passed be suspended. Seconded by Michalski. Motion carried 6-0.
Motion by Jones for final consideration and adoption of Ordinance No. 28-07 Amending Chapter 25
(Historic Preservation) of the City of Dubuque Code of Ordinances by adding a new Section 25-3(h)
to allow owners of real property and owners of businesses in the district to be temporarily appointed
to vacant district seats until such a time a qualified resident can be appointed. Seconded by
Michalski. Motion carried 6-0.
31
OFFICIAL PUBLICATION
ORDINANCE NO. 28-07
AN ORDINANCE AMENDING CHAPTER 25 (HISTORIC PRESERVATION) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SECTION 25-3(h) TO ALLOW
OWNERS OF REAL PROPERTY AND OWNERS OF BUSINESSES IN THE DISTRICT TO BE
TEMPORARILY APPOINTED TO VACANT DISTRICT SEATS UNTIL SUCH A TIME A QUALIFIED
RESIDENT CAN BE APPOINTED.
Whereas, the Historic Preservation Commission has experienced occasional vacancies in
membership due to the absence of qualified applicant for vacant seats on the Commission which
seats require that the appointee be a resident of the district: and
Whereas, the Historic Preservation Commission has found that such vacancies have in some
instances reduced the effectiveness of the Commission; and
Whereas, the Historic Preservation Commission has recommended an amendment to Chapter 25
(Historic Preservation) of the City of Dubuque Code of Ordinances to allow owners of real property
and owners of businesses in the district to be temporarily appointed to vacant district seats until such
a time a qualified resident can be appointed; and
Whereas, the City Council concurs with the recommendation to allow owners of real property and
owners of businesses in the district to be temporarily appointed to vacant district seats until such a
time a qualified resident can be appointed;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Section 25-3 of the City of Dubuque Code of Ordinances is hereby amended by adding
the following new paragraph (h):
Sec. 25-3. Historic Preservation Commission Established; Membership; Term of Office; Vacancies
in Office:
(h) In the event that a vacancy occurs in a seat which requires that the appointee be a resident of
the district and for which there is no application from a qualified resident, the City Council may
appoint a person who is an owner of real property in the district or an owner of a business in the
district to the vacant seat. This appointment shall be temporary and a resident of the district may at
any time apply to fill this seat. Upon appointment of a qualified resident to this seat by the City
Council, the temporary appointment shall terminate.
Section 2. This ordinance shall take effect immediately upon publication, as provided by law.
st
Passed, approved and adopted this 21 day May, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, Assistant City Clerk
th
Published officially in the Telegraph Herald Newspaper the 28 day of May, 2007.
/s/Kevin S. Firnstahl, Assistant City Clerk
1t 5/25
Solid Waste Collection Fee Reduction: City Manager recommending approval of a proposed
revision to Section 40-37 of the City Code of Ordinances reducing the monthly solid waste collection
service base fee from $9.91 to $9.89. Motion by Cline to receive and file the documents and that the
requirement that a proposed Ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Lynch.
Motion carried 6-0. Motion by Cline for final consideration and adoption of Ordinance No. 29-07
Amending City of Dubuque Code of Ordinances Section 40-37 paragraphs (a), (b), and (c)
establishing charges for the collection and disposal of solid waste materials. Jones said that the good
work of the community made this positive result possible. Seconded by Lynch. Motion carried 6-0.
32
OFFICIAL PUBLICATION
ORDINANCE NO. 29-07
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-37 PARAGRAPHS (a),
(b), and (c) ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OF SOLID
WASTE MATERIALS
NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. Section 40-37, paragraphs (a), (b), and (c) of the City of Dubuque Code of Ordinances
are hereby amended to read as follows:
Sec. 40-37. Charges-Amounts; Exceptions1:
(a) Class I Premises: Except as qualified below, a fee of nine dollars and eighty-nine cents ($9.89)
per dwelling unit per month shall be paid to the city by the property owner of each class I
premises for such services. Said fee shall be in payment for collection and disposal of one 35-
gallon can or one 35-gallon trash bag of "solid waste" as defined in this chapter. There is no
limit on the number of bins allowed to be collected containing acceptable "recyclable materials"
as defined in this chapter. Exceptions to the collection charges for class I premises are as
follows:
(1) When a class I premises has been vacant for a period not less than three (3) consecutive
months, the owner may apply to the city manager for a credit under procedures to be
established by the city manager. Such credit shall continue only so long as the class I
premises is vacant.
(2) Class I premises when the head of the household is sixty five (65) years of age or older and
has an annual income equal to or less than the income standards used by HUD for its "section
eight (8) housing program" for one- and two-person households may, upon application to the
city manager, be exempted from one-half (1/2) the established collection charge. After the
initial application, annual application shall be made by the head of household on July 1 of each
year to verify annual income and eligibility.
(3) In cases of extreme financial hardship, the city manager, may and is hereby authorized and
empowered to, make adjustments in the monthly collection charges as the city manager may
deem appropriate. In such cases, the city manager shall have the authority to require such
proof of vacancy, financial status, age or extreme hardship, as the city manager may deem
necessary.
(4) Class I premises when a family household of five (5) or more persons has an annual income
equal to or less than the income standards used by HUD for its "section eight (8) housing
program" for the size of that household may, upon application to the city manager, be
exempted from one-half (1/2) the established collection charge. After the initial application,
annual application shall be made by the head of household on July 1 of each year to verify
annual income and eligibility.
(b) Class II Premises: A fee of nine dollars and eighty-nine cents ($9.89) per month shall be paid
to the city by the property owner of each class II premises for such services. Said fee shall be
in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid
waste" as defined. There is no limit on the number of bins allowed to be collected containing
acceptable "recyclable materials" as defined.
The owner of a class II premises served by the city solid waste collection may provide the city
manager with not less than fourteen (14) days' written notice of intent to terminate the service.
Such termination of service shall be effective at the beginning of the next billing period after
such fourteen (14) day notice period.
(c) Class III Premises: A fee of nine dollars and eighty-nine cents ($9.89)per month shall be paid
to the city by the property owner of each class III premises for such services. Said fee shall be
in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid
33
waste" as defined. There is no limit on the number of bins allowed to be collected containing
acceptable "recyclable materials" as defined.
The owner of a class III premises served by city solid waste collection may provide the city
manager with not less than fourteen (14) days' written notice of intent to terminate the service.
Such termination of service shall be effective at the beginning of the next billing period after
such fourteen (14) day notice period.
Section 2. This ordinance shall take effect on the 1st day of July, 2007.
Passed, approved and adopted this 21st day of May, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, Assistant City Clerk
th
Published officially in the Telegraph Herald Newspaper the 28 day of May, 2007.
/s/Kevin S. Firnstahl, Assistant City Clerk
1t 5/25
DMASWA Delivery Agreement: City Manager recommending approval of the new waste delivery
agreement with the Dubuque Metropolitan Area Solid Waste Agency. Motion by Cline to receive and
file the documents and approve. Seconded by Lynch. Motion carried 6-0.
Community Partnership (cp2) Program – Fiscal Year 2008: City Manager recommending approval
of the allocation of Community Partnership Program (cp2) funds for Fiscal Year 2008. Motion by
Michalski to receive and file the documents and adopt Resolution No. 299-07 Authorizing the award
of Community Partnership Program (cp2) funds for Fiscal Year 2008. Seconded by Jones. Motion
carried 6-0.
RESOLUTION NO. 299-07
RESOLUTION AUTHORIZING THE AWARD OF COMMUNITY PARTNERSHIP PROGRAM (cp2)
FUNDS FOR FISCAL YEAR 2008.
Whereas, under the provisions of Title I of the Housing and Community Development Act of 1974,
as amended, the City of Dubuque has received Community Development Block Grant (CDBG) funds
for the development and maintenance of a viable urban community through the provision of decent
housing, a suitable living environment and expanded economic opportunities for its residents,
particularly those persons of low and moderate income; and
Whereas, the Community Partnership Program (cp2) was developed in the City of Dubuque in
response to the national goals and objectives of the CDBG program; and
Whereas, guidelines for the implementation of the Community Partnership Program (cp2) were
approved and amended by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council hereby awards Community Partnership Program (cp2) monies to
the following organizations. The award shall consist of a grant to the organization for the identified
project and shall be for the amount noted below:
APPLICANT PROJECT AMOUNT
Crescent Community Health Center Expansion of dental services $19,216
Audubon Elementary School Plugged in to Reading: Home Connected to School $9,687
Hillcrest Family Services Projects in Transition from Homelessness (PATH) $9,555
Dubuque Visiting Nurse Association Case Management Project $10,890
Total $49,348
Section 2. That the City Manager be and he is hereby authorized to develop and execute contracts
with representatives from the aforementioned organizations in accordance with the program
34
guidelines established for the Community Partnership Program and with the regulations of the
Community Development Block Grant Program.
Section 3. That upon execution of said contracts, the City Manager is hereby authorized and
directed to disburse program funds in support of the approved projects and in accordance with the
terms and conditions established in said contracts.
Passed, approved and adopted this 21st day of May 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
Summer Food Service Program: City Manger recommending approval of a collaboration with the
Boys and Girls Club of Greater Dubuque to provide additional summer meal sites in conjunction with
the Prescott School and Comiskey Park City of Dubuque Leisure Services playground programs.
Motion by Cline to receive and file the documents and approve. Seconded by Jones. Buol said that
this is a tremendous idea. Michalski was pleased about high school students being involved. Motion
carried 6-0.
Pedestrian Wayfinding Sign System Design: City Manager recommending approval of the design
for the Pedestrian Wayfinding Sign System components, initiation of the bidding process, and that a
public hearing on the plans and specifications, form of contract, and estimated cost be set for June 4,
2007. Motion by Cline to receive and file the documents and adopt Resolution No. 300-07 Preliminary
approval of plans and specifications, form of contract, and estimated cost for the Pedestrian
Wayfinding Sign System; Resolution No. 301-07 Setting date of hearing on plans and specifications,
form of contract, and estimated costs for the Pedestrian Wayfinding Sign System; and Resolution No.
302-07 Ordering the advertisement for bids for the Pedestrian Wayfinding Sign System. Seconded by
Lynch. Steinhauser presented a mock up of the map portion. The City is seeking cost estimates for a
lighted design. This signage will have a “trail blazers” design. Cline asked if this would include just
th
downtown. Steinhauser said yes. It would include downtown from 15 Street south, the warehouse
district and the Port of Dubuque. It was scaled for pedestrian use and compliments the vehicle
wayfinding sign system.
RESOLUTION NO. 300-07
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE PEDESTRIAN WAYFINDING SIGN SYSTEM
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 Pedestrian
Wayfinding Sign System in the estimated amount $99,300, are hereby preliminarily approved and
ordered filed in the office of the City Clerk for public inspection.
st
Passed, adopted and approved this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO. 301-07
FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE PEDESTRIAN WAYFINDING SIGN SYSTEM
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 Pedestrian Wayfinding
Sign System (the Project) and ordered the same to be on file in the office of the City Clerk for public
inspection.
35
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 4 day of June, 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.
st
Passed, adopted and approved this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO. 302-07
ORDERING THE ADVERTISEMENT FOR BIDS FOR THE PEDESTRIAN WAYFINDING SIGN
SYSTEM
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the Pedestrian Wayfinding Sign System is hereby ordered to be advertised for bids for
fabrication and installation.
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 fabrication and installation of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in a
newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published
more than twenty days but not more than forty-five days before the date for filing bids at 2:00 p.m. on
th
the 14 day of June, 2007. Bids shall be opened and read by the City Clerk at said time and will be
nd
submitted to the City Council for final action at 6:30 p.m. on the 2 day of July, 2007, in the Public
th
Library Auditorium, 360 West 11 Street, Dubuque, Iowa.
st
Passed, adopted and approved this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
KeyLine Monthly Pass: City Manager recommending approval of a recommendation by the
KeyLine Transit Board of Trustees to create a monthly pass for KeyLine at a cost of $35 per month to
customers. Motion by Cline to receive and file the documents and adopt Resolution No. 303-07 Fixing
rates for a monthly pass. Seconded by Jones. Motion carried 6-0.
RESOLUTION NO. 303-07
A RESOLUTION FIXING RATES FOR A MONTHLY PASS
Whereas, the City of Dubuque provides fixed-route bus service, and
Whereas, the City of Dubuque desires to establish the cost of the Monthly Pass,
and
Whereas, the City of Dubuque desires to offer a Monthly Pass program.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA;
Monthly Pass rate is as follows:
Monthly Cost
Monthly Pass $35:00
Effective the 1st day of June, 2007.
36
Passed, approved and adopted this 21st day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
KeyLine Free Rides Program: City Manager recommending approval to proceed with a partnership
with the Dubuque Community School District to provide better transportation options for students that
would include offering free KeyLine rides to students. Motion by Cline to receive and file the
documents and approve. Seconded by Lynch. John Burgart, Superintendent, Dubuque Community
Schools, 2300 Chaney Road, thanked Transit Manager Jon Rodocker and Economic Development
Director Dave Heiar for help and said that the downtown school principals initiated the program. They
hope to create options for families and possibly help alleviate the parking issues at Hempstead High
School. Motion carried 6-0.
Asbury Plaza Area Wastewater Pumping Facilities 2007 Project: City Manager recommending
award of the contract for the Asbury Plaza Area Wastewater Pumping Facilities 2007 Project to
McDermott Excavating in the amount of $618,342.84. Motion by Michalski to receive and file the
documents and adopt Resolution No. 304-07 Awarding public improvement contract for the Asbury
Plaza Area Wastewater Pumping Facilities 2007 Project. Seconded by Cline. Motion carried 6-0.
RESOLUTION NO. 304-07
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE ASBURY PLAZA WASTEWATER
PUMPING FACILITIES 2007 PROJECT
Whereas, sealed proposals have been submitted by contractors for the Asbury Plaza Wastewater
Pumping Facilities 2007 Project (the Project) pursuant to Resolution No. 223-07 and Notice to
th
Bidders published in a newspaper published in the City of Dubuque, Iowa on the 20 day of April,
2007.
th
Whereas, said sealed proposals were opened and read on the 10 day of May, 2007 and it has
been determined that McDermott Excavating of Dubuque, Iowa, with a bid in the amount of
$618,342.84, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That a Public Improvement Contract for the Project is hereby awarded to McDermott Excavating
and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the
City of Dubuque for the Project.
st
Passed, approved and adopted this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
Rush Street Reconstruction Project: City Manager recommending award of the contract for the
Rush Street Reconstruction Project to Horsfield Construction, Inc., in the amount of $1,657,853.10.
Motion by Cline to receive and file the documents and adopt Resolution No. 305-07 Awarding
public improvement contract for the Rush Street Reconstruction Project. Seconded by Lynch. Motion
carried 6-0.
RESOLUTION NO. 305-07
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE RUSH STREET RECONSTRUCTION
PROJECT – BRYANT STREET TO VILLA STREET
Whereas, sealed proposals have been submitted by contractors for the Rush Street
Reconstruction – Bryant Street to Villa Street (the Project) pursuant to Resolution No. 217-07 and
37
th
Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 20 day of
April, 2007.
th
Whereas, said sealed proposals were opened and read on the 10 day of May, 2007 and it has
been determined that Horsfield Construction, Inc. of Epworth, Iowa, with a bid in the amount of
$1,657,853.10, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Horsfield Construction,
Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of
the City of Dubuque for the Project.
st
Passed, approved and adopted this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
First Amendment to Diamond Jo Development Agreement: City Manager recommending approval
of the first amendment to the Diamond Jo Development Agreement for the construction of a public
parking ramp. Motion by Cline to receive and file the documents, to include those distributed at this
meeting, and adopt Resolution No. 306-07 Approving the first amendment to the Port of Dubuque
Public Parking Facility Development Agreement. Michalski questioned the wording and phases of
green space versus park construction. Van Milligen said that Council approved preservation of the
green space site line from the Grand River Center to the Courthouse. The park is a component of the
planned outdoor plaza. Seconded by Lynch. Motion carried 6-0.
RESOLUTION NO 306-07
RESOLUTION APPROVING THE FIRST AMENDMENT TO THE PORT OF DUBUQUE PUBLIC
PARKING FACILITY DEVELOPMENT AGREEMENT
Whereas, a Development Agreement (the Agreement), dated February 5, 2007, was entered into
by and between the City of Dubuque, a municipal corporation of the State of Iowa (City), and
Diamond Jo, LLC (f/k/a DJ Gaming Company, LLC), a Delaware limited liability company (DJ); and
Whereas, City and DJ now desire to amend the Development Agreement as set forth attached
First Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the First Amendment of the Port of Dubuque Public Parking Facility Development
Agreement is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute said First Amendment on
behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to implement
the terms of the First Amendment as herein approved.
st
Passed, approved and adopted this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
Joint Development Agreement between the Dubuque County Historical Society and the City of
Dubuque: City Manager recommending approval of a Joint Development Agreement between the
Dubuque County Historical Society and the City of Dubuque that establishes the manner in which the
Society and the City will cooperate with one another successfully to complete the Great Rivers Center
and RiverMax Theater projects. Motion by Cline to receive and file, to include documents distributed
at this meeting and the executed First Amendment to the Agreement, and approve. Seconded by
rd
Jones. Jerry Enzler, Executive Director of the Dubuque County Historical Society, 250 E. 3 Street,
38
thanked Council for allowing the time to fold this into the Vision Iowa Project. A search for state funds
would mean a significant match by the City but lead to a grant for the wayfinding signage program.
Mr. Enzler urged approval of the agreement. Van Milligen noted that this is contingent on an executed
First Amendment to the Agreement. Michalski requested that the two groups meet more frequently
than quarterly as noted in the Agreement or included with the Vision Iowa meetings. Motion carried 6-
0.
Interstate Power/McGraw Hill Parking Lot: City Manager recommending approval of an offer to
purchase a parcel of land from Interstate Power to allow for the construction of the McGraw Hill
parking lot including the granting of an easement to Interstate Power as part of the consideration for
the transfer and recommending approval of a permanent construction easement granted by Interstate
Power to allow for the construction of the McGraw Hill parking lot and sanitary storm sewer and an
indemnification agreement between the City and McGraw Hill. Motion by Cline to receive and file the
documents and approve. Seconded by Lynch. Motion carried 6-0.
Contract Authority: City Manager recommending that his authority to make purchases on behalf of
the City be increased to $100,000, per State statute. Motion by Cline to receive and file the
documents and adopt Resolution No. 307-07 Authorizing the City Manager to execute contracts and
leases on behalf of the City of Dubuque. Seconded by Jones. Motion carried 6-0.
RESOLUTION NO. 307-07
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND LEASES ON BEHALF OF
THE CITY OF DUBUQUE
Whereas, the City Council adopted Resolution No. 183-06 Authorizing The City Manager To
Execute Contracts And Leases On Behalf Of The City Of Dubuque; and
Whereas, City Council now desires to rescind Resolution No. 183-06.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Resolution No. 183-06 is rescinded.
Section 2. The City Manager shall have the authority to award and execute contracts,
to authorize work to proceed under contracts, and to approve the contractor’s performance
and payment bonds and to make purchases on behalf of the city as follows:
(a) Public improvement contracts for $ 100,000 or less;
(b) All purchases of equipment, materials, and supplies;
(c) Contracts for services for $ 500,000 or less;
(c) Leases for a term of three years or less;
(d) Insurance contract renewals.
The City Manager shall submit a report to the City Council of all such contracts or
purchases in excess of $ 100,000, leases and insurance contract renewals at the first
regular city council meeting of each month.
Section 2. The City Manager may delegate the authority granted herein provided
such delegation is in writing.
st
Passed, approved and adopted this 21 day of May, 2007.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
There being no further business, upon motion the Council adjourned at 8:51 p.m.
/s/Kevin S. Firnstahl
Assistant City Clerk
39