6 18 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 June 18, 2007, in the
Public Library Auditorium regarding pending litigation and property acquisition pursuant to
Chapter 21.5(1)(c)(j) 2007 Code of Iowa
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen; City Attorney Lindahl
Upon motion and having given staff proper direction, City Council adjourned special session
at 6:28 p.m.
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on June 18, 2007, in the
Public Library Auditorium.
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski. City
Manager Van Milligen; City Attorney Lindahl
INVOCATION
Invocation was provided by Sr. Paula Maloy, SVM
PROCLAMATION
Ireland Visitors Proclamation was accepted by Alan Garfield, 2378 Beacon Hill, and the
Carlin family of County Donegal, Ireland.
PRESENTATION
Fire Chief Dan Brown presented Assistant Fire Chief Rick Steines with the National Fire
Academy’s Executive Fire Officer Certificate from the Department of Homeland Security
CONSENT ITEMS
Motion by Cline to receive and file the documents and dispose of as indicated. Second by
Jones. Michalski requested (#22) United States Conference of Mayors be held for separate
discussion. Motion carried 7-0.
Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 5/1; City
Council of 6/4; Electrical Code Board of 5/29; Housing Commission of 5/22 and Special
Meeting of 5/29; Human Rights Commission of 5/14; Park and Recreation Commission of 5/8;
Zoning Advisory Commission of 6/6; Zoning Board of Adjustment of 5/24
Library Board of Trustees Update of May 24, 2007
Proofs of publication of City Council Proceedings of May 7 and May 21, 2007 and List of
Claims and Summary of Revenues for month ending April 30, 2007. Upon motion the
documents were received and filed.
Notice of Claims/Suits: Jeff Brimeyer for property damage; Gansen Excavating, Inc. for
property damage. Upon motion the documents were received and 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: Christy Link for
personal injury; Lauren Schrup for vehicle damage. Upon motion the documents were received
and filed, and concurred.
Citizen Communication: Communication from Kenneth J. Spears regarding the use of
“project crews.” Upon motion the document was received and filed.
Interagency Agreement between the City of Dubuque and Dubuque County Board of Health:
City Manager recommending approval of an Interagency Agreement with the Dubuque County
Board of Health for the inspection and enforcement of swimming pools and spas, tattoo parlors
and tanning facilities in Dubuque County. Upon motion the documents were received, filed, and
approved.
Purchase of Service Agreement with Project Concern, Inc. – Foster Grandparent Program:
City Manager recommending approval of a Purchase of Service Agreement with Project
Concern, Inc. in the amount of $6,113 for the Foster Grandparent Program. Upon motion the
documents were received, filed, and approved.
Purchase of Service Agreement with the Retired and Senior Volunteer Program: City
Manager recommending approval of a Purchase of Service Agreement with the Retired and
Senior Volunteer Program in the amount of $7,341. Upon motion the documents were
received, filed, and approved.
Purchase of Service Agreement with Project Concern, Inc. – Information and Referral and
Child Care Referral: City Manager recommending approval of a Purchase of Service
Agreement with Project Concern, Inc. in the amount of $25,821 for the Information and
Referral Program plus a payment of $9,098 for the Child Care Referral Program. Upon motion
the documents were received, filed, and approved.
Purchase of Service Agreement with Operation: New View: City Manager recommending
approval of a Purchase of Service Agreement with Operation: New View in the amount of
$18,257. Upon motion the documents were received, filed, and approved.
Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc.: City Manager
recommending approval of a Purchase of Service Agreement with Helping Services of
Northeast Iowa, Inc. in the amount of $2,147. Upon motion the documents were received, filed,
and approved.
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Purchase of Service Agreement with Greater Dubuque Development Corporation: City
Manager recommending approval of a Purchase of Service Agreement with Greater Dubuque
Development Corporation in the amount of $170,613. Upon motion the documents were
received, filed, and approved.
Purchase of Service Agreement with Dubuque Main Street, Ltd.: City Manager
recommending approval of a Purchase of Service Agreement with Dubuque Main Street, Ltd.,
in the amount of $47,550 and $10,000 to support funding a part-time development position.
Upon motion the documents were received, filed, and approved.
Purchase of Service Agreement with Hills and Dales: City Manager recommending approval
of a Purchase of Service Agreement wityh Hills and Dales for senior programs in the amount of
$25,000. Upon motion the documents were received, filed, and approved.
Purchase of Service Agreement with Dubuque Area Labor Management Council: City
Manager recommending approval of a Purchase of Service Agreement with Dubuque Area
Labor Management Council in the amount of $17,455. Upon motion the documents were
received, filed, and approved.
Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Convention
and Visitors Bureau: City Manager recommending approval of a Purchase of Service
Agreement with the Dubuque Area Chamber of Commerce Convention and Visitors Bureau in
the amount of $738,496. Upon motion the documents were received, filed, and approved.
Purchase of Service Agreement with Washington Neighborhood Tool Library: City Manager
recommending approval of a Purchase of Service Agreement with the Washington
Neighborhood Tool Library in the amount of $15,500. Upon motion the documents were
received, filed, and approved.
Purchase of Service Agreement with Substance Abuse Services Center: City Manager
recommending approval of a Purchase of Service Agreement with Substance Abuse Services
Center in the amount of $13,605. Upon motion the documents were received, filed, and
approved.
Purchase of Service Agreement with America’s River Corporation: City Manager
recommending approval of a Purchase of Service Agreement with America’s River Corporation
in the amount of $10,000. Upon motion the documents were received, filed, and approved.
Purchase of Service Agreement with Northeast Iowa Community College: City Manager
recommending approval of a Purchase of Service Agreement with Northeast Iowa Community
College – Northeast Iowa Business Accelerator Business Plan in the amount of $5,000. Upon
motion the documents were received, filed, and approved.
Chaplain Schmitt Memorial Project: City Manager recommending acceptance of the
Chaplain Schmitt Memorial Project as completed by Tri-State Development, LLC, in the final
contract amount of $65,173. Upon motion the documents were received and filed and
Resolution No. 335-07 Accepting improvement; and Resolution No. 336-07 Approving final
estimate were adopted.
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RESOLUTION NO. 335-07
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the Chaplain Schmitt Memorial Project has been completed and
the City Manager has examined the work and filed his certificate stating that the same has
been completed according to the terms of the contract, plans and specifications and
recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. That the recommendation of the City Manager be approved and that said improvement
be and the same is hereby accepted.
BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to
the contractor from the General Fund in amount equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 18th day of June, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 336-07
FINAL ESTIMATE
WHEREAS, the contract for the Chaplain Schmitt Memorial Project has been completed
and the Engineer has submitted his final estimate showing the cost thereof including the cost
of estimates, notices and inspection and all miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is hereby determined to be $65,173, and
the said amount shall be paid from the General Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 18th day of June, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
City of Asbury: Communication from Elizabeth Bonz, City of Asbury, requesting a letter of
support for the Intersection Improvement Project to assist Asbury in obtaining funds from the
Safe Roads to School Grant. Upon motion the documents were received, filed, and referred to
the City Manager.
U.S. Department of Housing and Urban Development: Communication from the U.S.
Department of Housing and Urban Development (HUD) regarding the evaluation of the City’s
Community Development Block Grant (CDBG) program conducted on May 1, 2007. Upon
motion the documents were received, filed, and referred to City Manager.
United States Conference of Mayors: Communication from Tom Cochran, Executive Director
of the United States Conference of Mayors, congratulating the City for the Honorable Mention
received in the 2007 City Water Taste Test Competition. Motion by Michalski to receive and file
the documents. Seconded by Connors. Michalski said that the recent All America City
delegation to Anaheim couldn’t wait to return to Dubuque and its wonderful water despite the
fact that Anaheim was second in the water taste test. Motion carried 7-0.
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Specific and Aggregate Stop Loss Insurance Renewal: City Manager recommending
approval of HCC Life Insurance Company (formerly known as Allianz) as the stop-loss carrier
for the City's health plans for individual and aggregate stop-loss insurance. Upon motion the
documents were received, filed, and approved.
Iowa Department of Economic Development: Communication from Michael L. Tramontina,
Iowa Department of Economic Development, advising that Genuine Genius Solutions, LLC has
received an Entrepreneurial Ventures Assistance Award in the amount of $125,000. Upon
motion the documents were received and filed.
Tee Box Place – Plat of Survey: Zoning Advisory Commission recommending approval of
the Plat of Survey of Lot 1 and Lot 2 of Tee Box Place as requested by Conlon Construction
Company. Upon motion the documents were received and filed, and Resolution No. 337-07
Approving the Plat of Survey of Lot 1 and Lot 2 of Tee Box Place was adopted.
RESOLUTION NO. 337-07
A RESOLUTION APPROVING THE PLAT OF SURVEY LOT 1 AND LOT 2 OF TEE BOX
PLACE.
Whereas, there has been filed with the City Clerk a Plat of Survey Lot 1 and Lot 2 of Tee
Box Place in the City of Dubuque, Iowa; and
Whereas, said plat provides Lot 1 and Lot 2 with 0 feet of lot frontage respectively, where 50
feet is required and provides Lot 2 with 440 square feet of lot area where 5,000 square feet is
required by Section 42-19(b) of the Subdivision Regulations; and
Whereas, said survey plat has been examined by the Zoning Advisory Commission and had
its approval endorsed thereon; and
Whereas, said survey plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 and
Lot 2 to have 0 feet of frontage, where 50 feet is required and Lot 2 to have 440 square feet of
lot area where 5,000 square feet is required.
Section 2. That the Plat of Survey Lot 1 and Lot 2 of Tee Box Place is hereby approved and
the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the
City of Dubuque, Iowa, upon said final plat.
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Passed, approved and adopted this 18 day of June 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Links Glen Place – Plat of Survey: Zoning Advisory Commission recommending approval of
the Plat of Survey of Lots 1 through 3 and Lot A of Links Glen Place as requested by Conlon
Construction Company. Upon motion the documents were received and filed, and Resolution
No. 338-07 Approving the Plat of Survey of Lots 1 through 3 and Lot A of Links Glen Place was
adopted.
RESOLUTION NO. 338-07
A RESOLUTION APPROVING THE PLAT OF SURVEY LOTS 1 THRU 3 AND LOT A OF
LINKS GLEN PLACE.
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Whereas, there has been filed with the City Clerk a Plat of Survey Lots 1 thru 3 and Lot A of
Links Glen Place in the City of Dubuque, Iowa; and
Whereas, said plat provides Lot A with 0 feet of lot frontage, where 50 feet is required and
provides 4,007 square feet of lot area where 5,000 square feet is required by Section 42-19(b)
of the Subdivision Regulations; and
Whereas, said survey plat has been examined by the Zoning Advisory Commission and had
its approval endorsed thereon; and
Whereas, said survey plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot A to
have 0 feet of frontage, where 50 feet is required and 4,007 square feet of lot area where
5,000 square feet is required.
Section 2. That the Plat of Survey Lots 1 thru 3 and Lot A of Links Glen Place is hereby
approved and the Mayor and City Clerk are hereby authorized and directed to endorse the
approval of the City of Dubuque, Iowa, upon said final plat.
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Passed, approved and adopted this 18 day of June 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Links Glen Condominium Development – Plat of Survey: Zoning Advisory Commission
recommending approval of the Plat of Survey of Lot 1 and Lot 2 of Mineral Lot 138 as
requested by Conlon Construction Company. Upon motion the documents were received and
filed and Resolution No. 339-07 Approving the Plat of Survey of Lot 1 and Lot 2 of Mineral Lot
138 was adopted.
RESOLUTION NO. 339-07
A RESOLUTION APPROVING THE PLAT OF SURVEY LOT 1 AND LOT 2 OF MINERAL
LOT 138.
Whereas, there has been filed with the City Clerk a Plat of Survey Lot 1 and Lot 2 of Mineral
Lot 138 in the City of Dubuque, Iowa; and
Whereas, said plat provides Lot 1 and Lot 2 with 0 feet of lot frontage respectively, where 50
feet is required by Section 42-19(b) of the Subdivision Regulations; and
Whereas, said survey plat has been examined by the Zoning Advisory Commission and had
its approval endorsed thereon; and
Whereas, said survey plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 and
Lot 2 to have 0 feet of frontage respectively, where 50 feet is required.
Section 2. That the plat of survey of Lot 1 and Lot 2 of Mineral Lot 138 is hereby approved
and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of
the City of Dubuque, Iowa, upon said final plat.
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Passed, approved and adopted this 18 day of June 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Preserve America Grant Application: City Manager recommending approval of the
submission of a Preserve America Grant Application for expansion of the Mines of Spain
Interpretive Exhibit and Education Program. Upon motion the documents were received and
filed, and Resolution No. 340-07 Providing for an application to the National Park Service for
Preserve America Funds for Mines of Spain Interpretive Exhibit and Education Program was
adopted.
RESOLUTION NO. 340-07
RESOLUTION PROVIDING FOR AN APPLICATION TO THE NATIONAL PARK SERVICE
FOR PRESERVE AMERICA FUNDS FOR MINES OF SPAIN INTERPRETIVE EXHIBIT AND
EDUCATION PROGRAM
Whereas, the National Park Service (NPS) administers the Preserve America program in
order to assist local economies find self-sustaining ways to promote their cultural resources
through heritage tourism while encouraging people to experience and appreciate local historic
resources through education and heritage tourism programs; and
Whereas, the City of Dubuque, Friends of the Mines of Spain, and other partners will
provide the required local match for this application for the Mines of Spain Interpretive Exhibit
and Education Program to the NPS Preserve America program; and
Whereas, the City of Dubuque is a designated Preserve America Community and is eligible
to submit an application for funding and desires to implement a Heritage Tourism Plan; and
Whereas, the City of Dubuque is willing to accept Preserve America funding if awarded and
is committed to the project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Planning Services Manager hereby is authorized to sign the City of
Dubuque’s application for the Mines of Spain Interpretive Exhibit and Education Program to the
National Park Service Preserve America Funds.
Section 2. That the City of Dubuque agrees to abide by all local, state and federal
requirements applicable to the proposed budget.
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Passed, approved and adopted this 18 day of June 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque Technology Park: City Manager recommending approval of the re-platting of Lots
1 and 2 of Dubuque Technology Park No. 4 to incorporate the excess right-of-way into Lot 1
and create a separate Lot 2 for the America’s River sign. Upon motion the documents were
received and filed and Resolution No. 341-07 Approving Plat of Survey of Lot 1 and Lot 2,
Dubuque Technology Park No. 4 in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 341-07
RESOLUTION APPROVING PLAT OF SURVEY LOT 1 AND LOT 2, DUBUQUE
TECHNOLOGY PARK NO. 4 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 and Lot 2 of Dubuque Technology Park No. 4 in the City of Dubuque, Iowa,
dated June 1, 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:
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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.
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Passed, approved and adopted this 18 day of June 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
2007 Justice Assistance Grant: City Manager recommending approval of the submission of
the 2007 Justice Assistance Grant (JAG) application to the U.S. Department of Justice
Programs in the amount of $53,747. Upon motion the documents were received, filed, and
approved.
PEG Access Capital Grant Expenditure: City Manager recommending approval for three
funding requests from the Capital Grant for Access Equipment and Facilities. Upon motion the
documents were received, filed, and approved.
Hold Harmless Agreement – Firearms Training: City Manager recommending approval of a
Hold Harmless Agreement with Mathy Construction for the use of a portion of the River City
Stone Rose Spur Quarry, 19068 Herber Road, for police firearms training. Upon motion the
documents were received, filed, and approved.
Request for Proposals – Multifunction Machine: City Manager recommending approval of
the issuance of a Request for Proposals to change the City’s printer-copier-scanner-fax from
stand-alone devices in every department to a networked multi-function service. Upon motion
the documents were received, filed, and approved.
Financial Services – Request for Proposals: City Manager recommending approval of the
selection of Dubuque Bank and Trust as the bank to provide financial services to the City of
Dubuque for a five-year period. Upon motion the documents were received, filed, and
approved.
US 52 North Storm Sewer Improvement Project: City Manager recommending award of the
contract for the US 52 North Storm Sewer Improvement Project to McClain Excavating
Company, Inc., in the amount of $189,712. Upon motion the documents were received and
filed and Resolution No. 342-07 Awarding public improvement contract for the US 52 North
Storm Sewer Improvement Project was adopted.
RESOLUTION NO. 342-07
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE US 52 NORTH STORM
SEWER IMPROVEMENT PROJECT
Whereas, sealed proposals have been submitted by contractors for the US 52 North Storm
Sewer Improvement Project (the Project) pursuant to Resolution No. 256-07 and Notice to
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Bidders published in a newspaper published in the City of Dubuque, Iowa on the 11 day of
May, 2007.
Whereas, said sealed proposals were opened and read on the 31st day of May, 2007 and it
has been determined that McClain Excavating Company, Inc of Peosta, Iowa, with a bid in the
amount of $189,712.00, is the lowest responsive, responsible bidder for the Project.
8
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 McClain
Excavating Company, Inc and the City Manager is hereby directed to execute a Public
Improvement Contract on behalf of the City of Dubuque for the Project.
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Passed, approved and adopted this 18 day of June, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
City Hall First Floor Restroom Renovation Project: City Manger recommending final
acceptance of the City Hall First Floor Restroom Renovation Project as completed by Portzen
Construction in the amount of $83,393. Upon motion the documents were received and filed
and Resolution No. 343-07 Accepting improvement, and Resolution No. 344-07 Approving final
estimate were adopted.
RESOLUTION NO. 343-07
ACCEPTING IMPROVEMENT
Whereas, the contract for the City Hall—First Floor Restroom Renovations has been
completed and the City Manager has examined the work and filed his certificate stating that
the same has been completed according to the terms of the contracts, plans and specifications
and recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said
improvements be and the same are hereby accepted.
BE IT FURTHER RESOLVED that the City Treasurer be and is hereby directed to pay to the
contractor in the amount equal to the amount of this contract, less any retained percentage
provided for therein.
Passed, approved and adopted this 2nd day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 344-07
FINAL ESTIMATE
Whereas, the contract for the City Hall–First Floor Restroom Renovations Project has been
completed and the Building Services Manager has submitted his final estimate showing the
cost thereof.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is hereby determined to be $83,393.00 and
the said improvement shall be paid by the City as provided for therein.
Passed, approved and adopted this 2nd day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion the documents were received and filed and Resolution No. 345-07
Granting the issuance of fifty-four (54) renewal permits to sell cigarettes and cigarette papers
within the City limits; Resolution No. 346-07 Granting the issuance of a Class “B” Beer Permit
9
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to Pizza Hut (320 East 20 Street), Pizza Hut (2075 JFK Road), and Colts Community Center;
and Class “C” Beer Permit to Dubuque Discount Gas #3, Hy-Vee Wine and Spirits “A”, and
Keywest Conoco; and Resolution No. 347-07 Granting the issuance of a Class “C” Beer/Liquor
License to Fischer Lanes, Creslanes Bowling, Paul’s Tavern, Applebee’s Grill and Bar,
Dubuque Bowling Lanes, Five Flags Center, and Buffalo Wild Wings; Special Class “C” Liquor
License to Rotary Club; and Class “B” Wine Permit to Hy-Vee Wine and Spirits “A” were
adopted.
RESOLUTION NO. 345-07
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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.
54 RENEWALS
5 Point Mart Sinclair 5 Point Mart Inc. 405 Rhomberg Av
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16 St Auto Truck Plaza Mulgrew Oil Com. 1215 E. 16 St
Beecher Company Inc. Beecher Beverage/Gas Station 1691 Asbury
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Big 10 Mart Molo Oil Com. 9 & Central Av
Big 10 Mart Molo Oil Com. 2100 J.F.K. Rd
Big 10 Mart Molo Oil Com. 1875 J.F.K. Rd
Bulldog Billiards Sports Bar Richard Reinhardt 1850 Central Av
C.S.C. Gas Shahid Chatha 700 Rhomberg Av
Casey’s General Store # 2420 Casey’s Marketing 2699 Rockdale Rd
Casey’s General Store # 2421 Casey’s Marketing 4003 Peru Rd
CueMasters Billiards William Kramer 900 Central Av
Denny’s Lux Club Beverly Larsen 3050 Asbury Rd
Dubuque Discount Gas, Inc Dubuque Discount Gas # 1 4110 Dodge St
Dubuque Discount Gas Jeff A. Streinz 2175 Central Av
Dubuque Discount Gas # 3 Jeff A. Streinz 3270 Dodge St
Dubuque Mining Co. Apt’s Ltd Corp 555 J.F.K. Rd
Dubuque Greyhound Park/Casino Dubuque Racing Associ. 1855 Greyhound Park
Eagle County Market Peter Clarke 1800 Elm St
Easy Street Easy Street LLC 431 Rhomberg Av
Econo Foods # 471 Nash Finch 3355 J.F.K. Rd
Family Mart Inc Family Mart Inc 3201 Central Av
Fraternal Order of Eagles Fraternal Order of Eagles 1175 Century Dr
Gin Rickey’s Hefel Frommelt LLC 1447 Central Av
Hammerheads Bar & Billiards Hammerheads Inc 2095 Kerper Blvd
Hy-Vee Wine & Spirits Hy-Vee Inc. 3500 Dodge St
Hy-Vee # 1 Hy-Vee Inc. 3500 Dodge St
Hy-Vee # 2 Hy-Vee Inc. 2395 N.W. Arterial
Hy-Vee Gas # 2 Hy-Vee Inc 2435 N.W. Arterial
Hy-Vee # 3 Hy-Vee Inc. 400 S. Locust St
Hy-Vee Gas # 3 Hy-Vee Inc. 300 S. Locust St
Instant Replay Pamela Arensdorf 1602 Central Av
K-Mart K-Mart Corporation 2600 Dodge St
Kalmes Breaktime Kalmes Brothers LLC 1097 Jackson St
Knickers Saloon Curtis Gerhard 2188 Central Av
McCann’s Service McCann’s Service Inc. 690 W Locust St
st
Oky Doky # 1 TFM Co 250 W. 1 St
nd
Oky Doky # 2 TFM Co 51 W. 32 St
Oky Doky # 6 TFM Co 1256 Iowa St
Oky Doky # 21 TFM Co 2010 Kerper Blvd
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Paro Food Mart Sahajanand Enterp 3200 Central Av
Phillip 66 Liberty Station LLC 10 Main St
Plaza 20 BP/Amoco R Future 2600 Dodge St
Puff n Snuff Molo Oil Com. 1101 Rhomberg Av
Ron’s Discount Smokes/Beverage RKM LLC 1450 Loras Blvd
Ron’s Discount Smokes/Beverage RKM LLC 3300 Asbury Rd
Sam’s West Inc Sam’s West Inc 4400 Asbury Rd
Sid’s Beverage Store Sid’s Beverage Store 2727 Dodge St
Tobacco Outlet Plus # 504 Kwik Trip Inc 806 Wacker Dr # 140
Tobacco World Iowa Potatoe & Produce Hse 3341 Hillcrest Rd
Wal-Mart Store # 2004 Wal-Mart Store Inc. 4200 Dodge St
Walnut Tap Craig Weiner 709 University Av
Walgreen Co. # 9708 Walgreen Co. 55 J.F.K. Rd
Walgreen Co. # 6154 Walgreen Co. 2260 J.F.K. Rd
Whiskey River Chad Streff 1064 University Av
Passed, approved and adopted this 18th day of June, 2007.
Roy D.Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 346-07
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
CLASS “B” BEER PERMIT
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Prospect Pizza Ltd Pizza Hut+(Sunday Sale) 320 E 20 St
Prospect Pizza Ltd Pizza Hut+(Sunday Sale) 2075 JFK Rd
Legionnaires Drum & Bugle Colts Community Center+(Sunday Sale) 1101 Central Ave
Corp
CLASS “C” BEER PERMIT
Dubuque Discount Gas, Inc Dubuque Discount Gas # 3+(Sunday 3270 Dodge St
Sale)
Hy-Vee Inc Hy-Vee Wine & Spirits”A”+(Sunday Sale) 3500 Dodge St A
Rainbo Oil Co. Keywest Conoco+(Sunday Sale) 2150 Twin Valley Dr
Passed, approved and adopted this 18th day of June, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 347-07
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:
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That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS “C” BEER/LIQUOR LICENSE
Plastic Center, Inc Fischer Lanes+(Sunday Sale) 880 Locust St
Creslanes Bowling, Inc Creslanes Bowling+(Sunday Sale) 255 S. Main St
Tom Koch, Inc Paul’s Tavern+(Sunday Sale) 176 Locust St
Apple Corp.LP Applebee’s Grill & Bar+(Sunday Sale) 1395 Associates Dr
James Ferring Dubuque Bowling Lanes+(Sunday Sale) 1029 ½ Main St
SMG Food & Beverage LLC Five Flags Center+(Sunday Sale) 405 Main St
Blazin Wings, Inc Buffalo Wild Wingsl+(Sunday/Outdoor Sale) 2805 Northwest Arterial
SPECIAL CLASS “C” LIQUOR
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Rotary Club of Dubuque Rotary Club+(Sunday Sale) 135 W. 8 St
CLASS “B” WINE
Hy Vee Inc. Hy Vee Wine & Spirits “A” 3500 Dodge St “A”
Passed, approved and adopted this 18th day of June, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEM TO BE SET FOR PUBLIC HEARING
Motion by Cline to receive and file the documents, set the public hearing as specified, adopt
the resolutions and direct the City Clerk to publish notice in the manner prescribed by law.
Seconded by Lynch. Motion carried 7-0.
Port of Dubuque Parking Facilities Project: City Manager recommending initiation of the
public bidding process for the Port of Dubuque Parking Facilities Project and that a public
hearing on the plans and specifications, form of contract, and estimated cost be set for July 2,
2007. Motion by Cline to receive and file the documents and adopt Resolution No. 348-07
Preliminary approval of plans and specifications, form of contract, and estimated cost for the
Port of Dubuque Parking Facilities Project, Setting date of hearing on plans and specifications,
form of contract, and estimated cost for the Port of Dubuque Parking Facilities Project, and
Ordering the advertisement for bids for the Port of Dubuque Parking Facilities Project was
adopted setting a public hearing for July 2, 2007 at a meeting to commence at 6:30 p.m. in the
Public Library Auditorium.
RESOLUTION NO. 348-07
PORT OF DUBUQUE PARKING FACILITY PROJECT. PRELIMINARY APPROVAL OF
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING
DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Port of
Dubuque Parking Facility Project, in the estimated amount $24,951,650 are hereby
preliminarily approved and ordered filed in the office of the City Clerk for public inspection.
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A public hearing will be held on the 2 day of July, 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,
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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.
The Port of Dubuque Parking Facility Project is hereby ordered to be advertised for bids for
construction.
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.
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 not less than four but not more than forty-five days before the date for filing bids
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before 2:00 p.m. on the 12 day of July, 2007. Bids shall be opened and read by the City Clerk
at said time and will be submitted to the City Council, at a special Council meeting, for final
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action at the public hearing at 5:00 p.m. on the 26 day of July, 2007, in the Public Library
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Auditorium, 360 West 11 Street, Dubuque, Iowa.
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Passed, adopted and approved this 18 day of June, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
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following Boards/Commissions: 175 Anniversary Celebration Coordinating Committee.
Fifteen Member Ad Hoc Committee, Temporary Terms. Applicants: Citizen Representatives (6)
Wallace Brown, Susan Farber, Barbara Fisher, Michael Gibson, Bart Kintzinger, Joseph Rapp,
Ralph Scharnau, Jennifer Tigges, Tammy Welbes, Katie Weidemann; High School Student (1)
– No applicants; Young Professionals (2) Amanda Brechler, Scott Frost, Brooke Gassman,
Susan Hess, Jennifer Lien, Lindsey McNeeley-Moeller, Christopher Wand, Tammy Welbes,
Marcie Winkelman; Historical Society Representative (1) Meg Wall-Wild; Chamber of
Commerce Representative (1) Sue Czeshinski; Arts Commissioner (1) Louise Kames, Amy
Weber; Telegraph Herald Representative (1) Diane Mohr; Education Representative (1) Gary
Olsen. Applicants who spoke in support of their individual appointment: Susan Farber, 1755
Overview; Michael Gibson, 160 So. Grandivew; Bart Kintzinger, 2375 Clarke Crest Drive;
Joseph Rapp, 27 Locust St; Tammy Welbes, 2648 University Ave.; Katie Weidemann, 300
Main St.; Amanda Brechler, 2003 Key Way; Lindsey McNeeley-Moeller, 1165 Cleveland;
Marcie Winkelman, 729 Edith; and Meg Wall-Wild, 1520 Elm St.
Library Board of Trustees: Four 4-year expired terms through July 1, 2011 (Terms of
Shubatt, Lindsay, Smith, and Avery). Applicants: Alan Avery, Susan Lindsay, Michael Shubatt,
Kristen Smith
Mechanical Board: One 3-Year expired term through March 16, 2009 (Term of Geisler)
Applicant: Todd Geisler
Appointments were made to the following Boards/Commissions: Park and Recreation
Commission: Three 3-year terms through June 30, 2010 (Terms of Lyness, Harjehausen, and
Hoffman) Applicants: Karen Lyness, Paul Hoffman, Gary Harjehausen. Motion by Michalski to
appoint Lyness, Hoffman, and Harjehausen to three-year terms through June 30, 2010.
Seconded by Braig. Motion carried 7-0.
TV Cable Regulatory Commission: Two 3-year expired terms through June 30, 2010 (Terms
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of Pratt and Stevens). Applicant: Kevin Stevens. Motion by Connors to re-appoint Stevens to a
three-year term through June 30, 2010. Seconded by Braig. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
2411/2403 Central Avenue – Request to Rezone: Proof of publication on notice of public
hearing to consider rezoning property located at 2411/2403 Central Avenue from R-2 Two-
Family Residential District and C-2 Neighborhood Shopping Center District to C-4 Downtown
Commercial District as requested by Lynn Schmitz, and Zoning Advisory Commission
recommending approval. 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 Lynch. Planning Services Manager Laura Carstens provided a staff report and
distributed pictures. Motion by Jones for final consideration and adoption of Ordinance No. 30-
07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances
by reclassifying hereinafter described property located at 2411/2403 Central Avenue from R-2
Two-Family Residential District and C-2 Neighborhood Shopping Center District to C-4
Downtown Commercial District. Seconded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 30-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 2411/2403 CENTRAL AVENUE FROM R-2 TWO-FAMILY
RESIDENTIAL DISTRICT AND C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO
C-4 DOWNTOWN 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 R-2
Two-Family Residential District and C-2 Neighborhood Shopping Center District to C-4
Downtown Commercial District, to wit: Lot 1 of Lot 10 of Wullweber Subdivision, and to the
centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
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Passed, approved and adopted the 18 day of June, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 27 day of June, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 6/27
3100 Cedar Crest Ridge – Request to Rezone: Proof of publication on notice of public
hearing to consider rezoning property located at 3100 Cedar Crest Ridge from CS Commercial
Service and Wholesale District to C-3 General Commercial District as requested by Dennis
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Powers, and Zoning Advisory Commission recommending approval. 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 Braig. Dennis Power, 767 Brookview Square,
spoke in support of the ordinance. Planning Services Manager Laura Carstens provided a staff
report. Lynch asked if there is a traffic benchmark the City uses, if the traffic will increase, and
what the estimated occupation or completion date is. Carstens said there is no traffic
benchmark. Powers said that construction is scheduled for completion in August and that the
traffic will increase some. However there is sufficient road capacity in place to handle the
increase. Motion carried 7-0. Motion by Jones for final consideration and adoption of
Ordinance No. 31-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 3100 Cedar
Crest Ridge from CS Commercial Service and Wholesale District to C-3 General Commercial
District. Seconded by Lynch Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 31-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 3100 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 7
Cedar Ridge Farm Place No. 4, 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.
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Passed, approved and adopted this 18 day of June, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 27 day of June, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 6/27
40-42 Main Street – Request to Rezone: Proof of publication on notice of public hearing to
consider rezoning property located at 40-42 Main Street from LI Light Industrial District to C-4
Downtown Commercial District as requested by Chris Miller/Wally Brown, and Zoning Advisory
Commission recommending approval. 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 Connors. Motion carried 7-0. Planning Services Manager Laura Carstens
provided a staff report saying that the rezoning provides an opportunity to use an historic
structure that is currently empty in an area that’s in transition. Motion by Jones for final
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consideration and adoption of Ordinance No. 32-07 Amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described
property located at 40-42 Main Street from LI Light Industrial District to C-4 Downtown
Commercial District. Seconded by Braig. Chris Miller, 3211 N. Cedar Cross Court, spoke in
support of the ordinance. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 32-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 40-42 MAIN STREET FROM LI LIGHT INDUSTRIAL DISTRICT
TO C-4 DOWNTOWN 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 LI
Light Industrial District to C-4 Downtown Commercial District, to wit: Lot 16 and 17 in the
Subdivision of the West one-half of Block 1 in Dubuque Harbor Company’s Addition, and to the
centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
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Passed, approved and adopted this 18 day of June, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC City Clerk
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Published officially in the Telegraph Herald Newspaper the 27 day of June, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 6/27
2678 Beverly Avenue – Request to Rezone: Proof of publication on notice of public hearing
to consider rezoning property located at 2678 Beverly Avenue from R-1 One-Family
Residential District to R-2 Two-Family Residential District as requested by Tom Swift, Swift
Construction, Inc., 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. Tom Swift, 2005
Firestone Drive, President of Swift Construction, spoke in support of the ordinance saying that
this will be a new construction and will have a positive impact on the area. Cline asked if there
would be off-street parking. Swift said that each unit will have the required four spaces
including off-street and on-street parking. Connors asked if the mature trees would be saved.
Swift said that designs are uncertain put all attempt will be made to save the trees. Planning
Services Manager Laura Carstens provided a staff report saying that this is an expansion of
the R-2 zoning and there is sufficient space for the construction. Motion by Michalski for final
consideration and adoption of Ordinance No. 33-07 Amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described
property located at R-1 One-Family Residential District to R-2 Two-Family Residential District.
Seconded by Lynch. Motion carried 7-0.
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OFFICIAL PUBLICATION
ORDINANCE NO. 33-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 2678 BEVERLY AVENUE FROM R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT TO R-2 TWO-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-1
Single-Family Residential District to R-2 Two-Family Residential District, to wit: Lot 41 Lenox
Addition, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque,
Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
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Passed, approved and adopted this 18 day of June, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 27 day of June, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 6/27
Iowa 32 (Southwest Arterial) Corridor – Text Amendment: Proof of publication on notice of
hearing to consider a request from the City of Dubuque to amend Sections 6-1.5.5 and 4-4.2 of
the Zoning Ordinance and Section 42-16 of the Subdivision Regulations to extend the duration
of the development moratorium for the Iowa 32 (Southwest Arterial) Corridor to July 1, 2008,
and Zoning Advisory Commission recommending approval. 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 Braig. Motion carried 7-0. Planning Services Manager Laura
Carstens provided a staff report saying that this ordinance will extend the existing moratorium
to 2008 and that there were no public comments at the Zoning meeting. Michalski asked for
clarification on the location/boundaries of the moratorium and if there were many existing
developed properties that would be impacted. Carstens said that the moratorium takes into
consideration variations of streets, territories, and properties beyond the final line of the project
as a precaution and that this is generally an agricultural corridor with few structures associated
with farms. Motion by Jones for final consideration and adoption of Ordinance No. 34-07
Amending Chapter 42 (Subdivision Regulations) of the City of Dubuque Code of Ordinances
by amending Section 42-16 to extend a moratorium for subdivision plats in the Iowa 32
(Southwest Arterial) corridor; and Ordinance No. 35-07 Amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of Ordinances by amending Section 4-4.2 regarding
site plans, and by amending Section 6-1.5.5 regarding rezonings to extend a moratorium for
site plan and rezoning applications in the Iowa 32 (Southwest Arterial) corridor. Seconded by
Braig. Motion carried 7-0.
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OFFICIAL PUBLICATION
ORDINANCE NO. 34-07
AN ORDINANCE AMENDING CHAPTER 42 (SUBDIVISION REGULATIONS) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 42-16, TO EXTEND A
MORATORIUM FOR SUBDIVISION PLATS IN THE IOWA 32 (SOUTHWEST ARTERIAL)
CORRIDOR
Whereas, the Iowa Department of Transportation (IDOT) and the City of Dubuque are
engaged in a study of the Iowa 32 (Southwest Arterial) Corridor, which will include the right-of-
way acquisition for the preferred alignment; and
Whereas, the City of Dubuque and the IDOT desire to minimize potential development
conflicts during this study by extending the development moratorium for the Southwest Arterial
Corridor.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA:
Section 1. Chapter 42 (Subdivision Regulations) of the City of Dubuque Code of Ordinances
is hereby amended by amending Section 42-16 as follows:
Section 42-16. Moratorium for Subdivisions in the Iowa 32 (Southwest Arterial) Corridor:
No plat for any subdivision or resubdivision of property in the Iowa 32 (Southwest
Arterial) Corridor, as delineated on the attached drawings, shall be approved by the City
Council, Zoning Advisory Commission or City Planner from the effective date of this
Section to July 1, 2008, except where a vested right to the issuance of such approval
accrued to any person, firm or corporation as a matter of law prior to the effective date
of this Section.
Section 2. This Ordinance shall take effect upon publication, as provided by law.
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Passed, approved and adopted this 18 day of June, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 27 day of June, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 6/27
OFFICIAL PUBLICATION
ORDINANCE NO. 35-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 4-4.2 REGARDING SITE
PLANS, AND BY AMENDING SECTION 6-1.5.5 REGARDING REZONINGS, TO EXTEND A
MORATORIUM FOR SITE PLAN AND REZONING APPLICATIONS IN THE IOWA 32
(SOUTHWEST ARTERIAL) CORRIDOR.
Whereas, the Iowa Department of Transportation (IDOT) and the City of Dubuque are
engaged in a study of the Iowa 32 (Southwest Arterial) Corridor, which will include the right-of-
way acquisition for the preferred alignment; and
Whereas, the City of Dubuque and the IDOT desire to minimize potential development
conflicts during this study by extending the development moratorium for the Southwest Arterial
Corridor.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA:
Section 1. Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances is
hereby amended by amending Section 4-4.2 as follows:
Section 4-4.2. Application and Scope.
(A) Moratorium for Site Plans in the Iowa 32 (Southwest Arterial) Corridor.
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The City Planner shall not issue conditional or final approval for any site plan filed for
property in the Iowa 32 (Southwest Arterial) Corridor that lies within the corporate limits
of the City of Dubuque, as delineated on the attached drawings, from the effective date
of this Section to July 1, 2008, except where a vested right to the issuance of such
approval accrued to any person, firm or corporation as a matter of law prior to the
effective date of this Section.
Section 2. Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances is
hereby amended by amending Section 6-1.5.5 as follows:
Section 6-1.5.5 Moratorium for rezonings in the Southwest Arterial Corridor.
In addition to the requirements of subsection 6-1.5 of this Section, the City Council shall
not give final approval to any zoning reclassification (rezoning) request for property in
the Iowa 32 (Southwest Arterial) Corridor that lies within the corporate limits of the City
of Dubuque, as delineated on the attached drawings, from the effective date of this
Section to July 1, 2008, except where a vested right to the issuance of such approval
accrued to any person, firm or corporation as a matter of law prior to the effective date
of this Section.
Section 3. This Ordinance shall take effect upon publication, as provided by law.
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Passed, approved and adopted this 18 day of June, 20072006.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 27 day of June, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 6/27
L & J Properties Dubuque, LLC Development Agreement: Proof of publication on notice of
hearing to consider approval of a Development Agreement with L & J Properties Dubuque,
LLC, and the disposition of 2.74 acres of property in Dubuque Technology Park for
construction of an 11,255 square foot office building, and City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No. 349-
07 Determining that the proposal of L & J Properties Dubuque, LLC to acquire and develop
property in the Dubuque Industrial Center South Economic Development Urban Renewal
District in the City of Dubuque, Iowa is in compliance with the terms of the City’s offering for the
disposition of such property; and Resolution No. 350-07 Accepting the proposal of L & J
Properties Dubuque, LLC for the purchase of property in the Dubuque Industrial Center South
Economic Development Urban Renewal District in the City of Dubuque, Iowa and approving
the Development Agreement with L & J Properties Dubuque, LLC. Seconded by Cline. Motion
carried 7-0.
RESOLUTION NO. 349-07
DETERMINING THAT THE PROPOSAL OF L & J PROPERTIES DUBUQUE, LLC TO
ACQUIRE AND DEVELOP PROPERTY IN THE DUBUQUE INDUSTRIAL CENTER SOUTH
ECONOMIC DEVELOPMENT URBAN RENEWAL DISTRICT IN THE CITY OF DUBUQUE,
IOWA IS IN COMPLIANCE WITH THE TERMS OF THE CITY’S OFFERING FOR THE
DISPOSITION OF SUCH PROPERTY
Whereas, the City Council, by Resolution No. 260-07, dated May 7, 2007, nominated the
City Clerk as agent of the City of Dubuque, Iowa, to receive and open on June 13, 2007, at
10:00 a.m., proposals for the disposition of property in the Dubuque Industrial Center South
Economic Development Urban Renewal District in Dubuque Technology Park in accordance
with the terms and conditions set forth in the resolution; and
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_
Whereas, the City Council has received a proposal, referred to in said resolution, from L & J
Properties Dubuque, LLC whose proposal meets the terms and conditions of Resolution No.
260-07; and
Whereas, the City Clerk has reported to this Council that no qualified, competing proposals
were submitted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the report of the City Clerk that no qualified competing proposals were
submitted by 10:00 a.m. on June 13, 2007, for the disposition of property in the Dubuque
Industrial Center South Economic Development Urban Renewal District in the Dubuque
Technology Park be received, filed and adopted.
Section 2. That it is hereby determined that the proposal of L & J Properties Dubuque, LLC
for the development of said property is the only proposal which satisfies the terms and
conditions set forth in Resolution No. 260-07 adopted on February 20, 2007.
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Passed, approved and adopted this 18 day of June, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 350-07
ACCEPTING THE PROPOSAL FROM L & J PROPERTIES DUBUQUE, LLC FOR THE
PURCHASE OF PROPERTY IN THE DUBUQUE INDUSTRIAL CENTER SOUTH
ECONOMIC DEVELOPMENT URBAN RENEWAL DISTRICT IN DUBUQUE TECHNOLOGY
PARK IN THE CITY OF DUBUQUE, IOWA AND APPROVING THE DEVELOPMENT
AGREEMENT WITH L & J PROPERTIES DUBUQUE, LLC
Whereas, the City Council, by Resolution No. 260-07, dated May 7, 2007:
1. Adopted the terms and conditions for offering for disposition of certain real property and
improvements in the Dubuque Industrial Center South Economic Development Urban Renewal
District in the City of Dubuque, Iowa, legally described as follows: Lot 1 -10, Block 2 Dubuque
Technology Park in the City of Dubuque; and
2. Determined that the proposal submitted by L & J Properties Dubuque, LLC satisfied the
requirements of said offering; and
3. Declared its intent to accept the L & J Properties Dubuque, LLC proposal in the event no
other qualified proposals were timely submitted for the property; and
4. Invited competing proposals which met the terms and conditions of the offering, to be
submitted to the City Clerk on or before 10:00 a.m., June 13, 2007; and;
Whereas, on May 11, 2007, the Resolution was published as the official notice of the
offering and of the intent of the City of Dubuque, Iowa, in the event no other qualified proposals
were timely submitted, to approve the Development Agreement proposed by L & J Properties
Dubuque, LLC; and
Whereas, by separate Resolution of this date, the City Council has received and approved
as its own the report of the City Clerk that no other qualified proposal was received; and
Whereas, it is the determination of the City Council that approval of the Development
Agreement with L & J Properties Dubuque, LLC is in the public interest of the citizens of the
City of Dubuque, and is consistent with the City’s Urban Renewal Plan for the Dubuque
Industrial Center South Economic Development Urban Renewal District.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the Development Agreement by and between the City of Dubuque and L &
J Properties Dubuque, LLC is in the public interest of the citizens of the City of Dubuque and in
furtherance of the City’s Urban Renewal Plan, and is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute said Development
Agreement and the Special Warranty Deed to the property included therein on behalf of the
City of Dubuque and the City Clerk is authorized and directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to
implement the terms of the Development Agreement as herein approved.
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Passed, approved and adopted this 18 day of June, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Port of Dubuque Parking Ramp – Urban Renewal Tax Increment Revenue Bonds: Proof of
publication on notice of hearing to consider approval of the sale of not to exceed $25,000,000
Urban Renewal Tax Increment Revenue Bonds and City Manager recommending approval.
Motion by Cline to receive and file the documents and adopt Resolution No. 351-07 Instituting
proceedings to take additional action for the issuance of not to exceed $25,000,000 Urban
Renewal Tax Increment Revenue Bonds. Seconded by Michalski. Bud Isenhart, 8968 Quail
Ridge Court, expressed his concern over the length of a 30-year bond and continuation of the
current TIF program, which is now 25 years old. He believes it is unfair to the County and
school district to divert these funds for economic development. City Manager Van Milligen said
that if the Urban Renewal District continues the money goes back to the taxing bodies. He
explained that this is a component of the America’s River Project Phase II and provides parking
for $70 million in new, mixed-use development; the Diamond Jo Casino; the museum’s
expansion; and is leverage for the museum’s $8 million Vision Iowa grant. Per the
development agreement, the Diamond Jo can reject the project’s plans. The City would then
downsize the project to accommodate the change in cost, and the museum would have to
renegotiate their Vision Iowa grant. Motion carried 7-0.
RESOLUTION NO. 351-07
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF
NOT TO EXCEED $25,000,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS
WHEREAS, pursuant to notice published as required by law, this Council has held a public
meeting and hearing upon the proposal to institute proceedings for the issuance of not to
exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds for the purpose of 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, and has considered
the extent of objections received from residents or property owners as to said proposed
issuance; and, accordingly the following action is now considered to be in the best
interests of the City and residents thereof.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby institute proceedings and takes additional action
for the sale and issuance in the manner required by law of not to exceed $25,000,000 Urban
Renewal Tax Increment Revenue Bonds for the foregoing purposes.
Section 2. The City Manager is authorized and directed to proceed on behalf of the City with
arrangements for the sale of the Urban Renewal Tax Increment Revenue Bonds, to select a
date for the sale thereof, to cause to be prepared such notice and sale information as may
appear appropriate, to publish and distribute the same on behalf of the City and this Council
and otherwise to take all action necessary to permit the sale of the Urban Renewal Tax
Increment Revenue Bonds on a basis favorable to the City and acceptable to the Council.
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Passed and approved this 18 day of June, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Release and Acceptance of Sanitary Sewer Easement – Raven Oaks: Proof of publication
on notice of hearing to consider vacating and relocating a portion of an existing sanitary sewer
easement and to vacate a utility easement in Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of
Raven Oaks Place and City Manager recommending approval. Motion by Cline to receive and
file the documents and adopt Resolution No. 352-07 Accepting a conveyance of easements
over part of Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of
Dubuque, and Resolution No. 353-07 Disposing of interest and release of a portion of an
existing 20-foot wide sanitary sewer easement, a 25-foot access and utility easement, and a 5-
foot utility easement on Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in
the City of Dubuque, Iowa, Dubuque County, Iowa. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 352-07
ACCEPTING A CONVEYANCE OF EASEMENTS OVER PART OF LOT 4 OF RAVEN OAKS
NO. 2 AND LOTS 1 AND 2 OF RAVEN OAKS PLACE IN THE CITY OF DUBUQUE
Whereas, Kluck Partnership agreed to engineer and reconstruct a sanitary sewer pursuant
to which Kluck Partnership agreed to convey easements for sanitary sewer and utilities over
part of Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of
Dubuque, Iowa, as shown on the Plat of Easements attached hereto; and
Whereas, Kluck Partnership has executed an easement for said sanitary sewer.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves, accepts and
consents to the dedication of easements for sanitary sewer and utilities on Lot 4 of Raven
Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of Dubuque, Iowa, copies of
which are attached hereto, as required by Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in connection herewith.
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Passed, adopted and approved this 18 day of June, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 353-07
RESOLUTION DISPOSING OF INTEREST AND RELEASE A PORTION OF AN EXISTING
20-FOOT WIDE SANITARY SEWER EASEMENT, A 25-FOOT ACCESS AND UTILITY
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EASEMENT, AND A 5-FOOT UTILITY EASEMENT ON LOT 4 OF RAVEN OAKS NO. 2 AND
LOTS 1 AND 2 OF RAVEN OAKS PLACE IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the City of
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Dubuque, Iowa on the 8 day of June, 2007, the City Council of the City of Dubuque, Iowa met
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on the 18 day of June, 2007, at 6:30 p.m. in the Public Library Auditorium, 360 West 11
Street, Dubuque, Dubuque County, Iowa to consider the proposal for the release of real estate
described as:
Real property described as a portion of an existing 20-foot wide sanitary sewer easement, a
25-foot access and utility easement, and a 5-foot utility easement on Lot 4 of Raven Oaks No.
2 and Lots 1 and 2 of Raven Oaks Place, in the City of Dubuque, Dubuque County, Iowa, as
shown on the Exhibit Plat of easements to be vacated, attached hereto.
Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all objections,
oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa, in the
hereinabove described real estate.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa,
in real property described as a portion of an existing 20-foot wide sanitary sewer easement, a
25-foot access and utility easement, and a 5-foot utility easement on Lot 4 of Raven Oaks No.
2 and Lots 1 and 2 of Raven Oaks Place, in the City of Dubuque, Iowa, as shown on the
Exhibit Plat of easements to be vacated, attached hereto be and the same is hereby approved
for the cost of publication and filing fees.
Section 2. The Mayor is hereby authorized and directed to execute a Release of Easement
and the City Clerk be and is hereby authorized and directed to deliver said Release to Kluck
Partnership, upon receipt of the above fees.
Section 3. That the City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and
Dubuque County Auditor.
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Passed, adopted and approved this 18 day of June, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
York and Curtis Street Storm Sewer Improvement Project: Proof of publication on notice of
hearing to consider approval of the plans and specifications, form of contract, and estimated
cost for the York and Curtis Street Storm Sewer Improvement Project and City Manager
recommending approval. Motion by Michalski to receive and file the documents and adopt
Resolution No. 354-07 Approving plans and specifications, form of contract, and estimated
cost for the York and Curtis Street Storm Sewer Improvement Project. Seconded by Lynch.
Motion carried 7-0.
RESOLUTION NO. 354-07
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE YORK AND CURTIS STORM SEWER IMPROVEMENTS 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 York
and Curtis Storm Sewer Improvements Project, in the estimated amount $59,117.60, are
hereby approved.
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Passed, adopted and approved this 18 day of June, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Star Brewery Drive Construction Project: Proof of publication on notice of hearing to
consider approval of the plans and specifications, form of contract, and estimated cost for the
Star Brewery Drive Construction Project and City Manager recommending approval. Motion by
Connors to receive and file the documents and adopt Resolution No. 355-07 Approving plans
and specifications, form of contract, and estimated cost for the Star Brewery Drive
Construction Project. Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 355-07
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR STAR BREWERY DRIVE 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 Star
Brewery Drive Construction Project, in the estimated amount $646,416, are hereby approved.
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Passed, adopted and approved this 18 day of June, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Kaufmann Avenue Alley Storm Sewer Construction Project: Proof of publication on notice of
hearing to consider approval of the plans and specifications, form of contract, and estimated
cost for the Kaufmann Avenue Alley Storm Sewer Construction Project. Motion by Cline to
receive and file the documents and adopt Resolution No. 356-07 Approving plans and
specifications, form of contract, and estimated cost for the Kaufmann Avenue Alley Storm
Sewer Construction Project. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 356-07
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 approved.
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Passed, adopted and approved this 18 day of June, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Callahan Old 20 Subdivision: Zoning Advisory Commission recommending approval of the
Preliminary Plat of Callahan Old 20 Subdivision as requested by Joel Callahan, Callahan
Construction.
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Communication from Joel Callahan requesting this item be tabled.
Motion by Cline to receive and file the documents and table. Seconded by Braig. Motion
carried 7-0.
Procedure for Declaring Public Nuisances: City Attorney recommending approval of a
proposed amendment to Chapter 23 of the City of Dubuque Code of Ordinances to provide for
the procedure for declaring a public nuisance. Motion by Connors to receive and file the
documents and that the requirement that a proposed Ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be finally passed be
suspended. Seconded by Jones. Motion carried 7-0. City Attorney Lindahl said that this
ordinance amendment will conform the City Code of Ordinances to the Iowa Supreme Court
ruling which requires notice to the property owner and an opportunity to be heard in a quasi-
judicial proceeding if a declaration of a public nuisance is made by the City Council. Motion by
Connors for final consideration and adoption of Ordinance No. 36-07 Amending the City of
Dubuque Code of Ordinances Chapter 23 Nuisance, Section 23-43 Relating to the Procedure
for the Declaration of a Public Nuisance. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 36-07
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 23 NUISANCE,
SECTION 23-43 RELATING TO THE PROCEDURE FOR THE DECLARATION OF A
PUBLIC NUISANCE
Section 1. City of Dubuque Code of Ordinances § 23-43 is amended to read as follows:
Sec. 23-43. Public Nuisances Prohibited; Authority To Abate:
(a) The creation, maintenance, or continuation of a public nuisance is hereby
declared unlawful and is prohibited.
(b) Upon application of the City Manager for a declaration of a nuisance, the City
Council, after notice to the property owner of the grounds therefore, shall hold a hearing
on the application as provided in § 1-30, et seq. of this Code. Upon declaration of a
nuisance, the City Council may direct the City Manager to abate or cause to be abated
public nuisances in any manner authorized by law, including, but not limited to, Chapter
1, Article II of this Code.
Section 2. This Ordinance shall take effect on publication.
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Passed, approved and adopted the 18 day of June, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 27 day of June, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
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Greater Dubuque Development Corporation: Communication from the Greater Dubuque
Development Corporation requesting appointments to the Greater Dubuque Development
Corporation Board of Directors. Motion by Connors to appoint Mayor Buol, City Manager Van
Milligen, and Economic Development Director David Heiar to the Greater Dubuque
Development Corporation Board of Directors. Seconded by Jones. Motion carried 7-0.
Motion by Connors to appoint Council Members Cline and Lynch to the Greater Dubuque
Development Corporation Board of Directors. Seconded by Braig. Michalski noted that Council
members should be cognizant of their attendance records regarding their various board
appointments. Motion carried7-0.
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Grand River Center Carpet Replacement Project: City Manager recommending award of the
contract for the Grand River Center Carpet Replacement Project to Commercial Flooring
Company in the amount of $114,245. Motion by Michalski to receive and file the documents
and adopt Resolution No. 357-07 Awarding public improvement contract for the Grand River
Center Carpet Replacement Project. Seconded by Connors. Michalski said she was
disappointed in the degree of mistakes in the bid. Motion carried 7-0.
RESOLUTION NO. 357-07
AWARDING CONTRACT
WHEREAS, sealed proposals have been submitted by contractors for the Grand River
Center Carpet Replacement Project pursuant to Resolution No. 259-07, and notice to bidders
published in a newspaper published in the City of Dubuque, Iowa, on the11th day of May,
2007.
WHEREAS, said sealed proposals were opened and read on the 7th day of June, 2007, and
it has been determined that the bid of Commercial Flooring Company in the amount of
$114,245 was the lowest bid for the furnishings of all labor and materials and performing the
work as provided for in the plans and specifications.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement be awarded to Commercial Flooring Company,
and the Manager be and is hereby directed to execute a contract on behalf of the City of
Dubuque for the complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the approval of the contractor's bond, the City
Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 18th day of June, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
COUNCIL MEMBER REPORTS
Mayor Buol asked Assistant City Manager Cindy Steinhauser to give a report on the recent
All America City award presentation. Steinhauser provided a brief history of the application
process and how the City engaged citizens and organizations to gather information about what
makes Dubuque an All America City. The community’s collaboration efforts and youth
programs were emphasized along with the City’s diversity, downtown revitalization and the
Port of Dubuque projects. The City’s spirit of collaboration and the projects’ sustainability were
apparent in the delegation’s presentation and she thanked everyone involved for their
excitement and input. Michalski emphasized the presence of elected officials in the winning
presentation. Lynch commended Steinhauser for her detailed planning and facilitation of the
presentation.
CLOSED SESSION
Upon motion the City Council convened in special session at 8:15 p.m. pending litigation
and property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa
Upon motion and having given staff proper direction, the City Council reconvened to regular
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session at 8:24 p.m.
There being no further business, upon motion the meeting adjourned at 8:25 p.m.
/s/Kevin S. Firnstahl
Assistant City Clerk
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