7 2 07 City Council Minutes Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on July 2, 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 was provided by Reverend Wayne Ressler, St. Raphael’s Cathedral
PROCLAMATION
Dubuque Drum and Bugle Corps Music on the March and Music, July 6, 2007, and Music on
the March II, July 26, 2007
PRESENTATION
2007 Program of the Year Award for the HEART Program Partnership was presented to City
Manager Van Milligen by City Manager Tim Vick of Manchester, Iowa, on behalf of the Iowa
City/County Management Association.
CONSENT ITEMS
Motion by Cline to receive and file the documents and dispose of as indicated. Seconded by
Lynch. Cline requested (#13) Dubuque Drum and Bugle Corps be held for separate
discussion. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 6/18; Long Range Planning Advisory
Commission of 6/20: and Proof of publication of City Council Proceedings of June 4, 2007.
Upon motion the documents were received and filed.
Notice of Claims/Suits: Beth Hilkin for property damage; Michael Hogan for property
damage; Roger Jones for vehicle damage; Zachary Mattison for vehicle damage; Wells Fargo
Bank vs. City of Dubuque, et al; Paul Schiffman for vehicle damage; Helen Sherman for
personal injury; Lisa Huinker 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: Jeff Brimeyer for
property damage; Roger Jones for vehicle damage; Michael C. Hogan for personal
injury/property damage; Zachary Mattison for vehicle damage.
City Attorney recommending settlement of the claim of Gansen Excavating, Inc., and
directing the Finance Department to issue payment. Upon motion the documents were
received, filed, and concurred.
Four Mounds Public Improvement Project: Communication from the Historic Preservation
Commission recommending approval of a letter of support for the Four Mounds Foundation
Public Improvement Project. Upon motion the documents were received, filed, and approved.
John F. Kennedy Sidewalks: Communication from Nancy McKillip in opposition to the
installation of sidewalks on the east side of John F. Kennedy Road. Upon motion the
documents were received and filed.
Bi-Lingual Bike/Hike Trail Signage Project: City Manager recommending approval of the
submission of an Iowa Department of Recreation Trails Grant application in the amount of
$91,000 for the Bi-Lingual Bike/Hike Trail Signage Project. Upon motion the documents were
received and filed, and Resolution No. 358-07 Approving the submittal of an application for
State Recreational Trails Program funding to the Iowa Department of Transportation for the Bi-
Lingual Bike/Hike Trail Signage Project was adopted.
RESOLUTION NO. 358-07
RESOLUTION APPROVING THE SUBMITTAL OF AN APPLICATION FOR STATE
RECREATIONAL TRAILS PROGRAM FUNDING TO THE IOWA DEPARTMENT OF
TRANSPORTATION FOR THE BI-LINGUAL BIKE/HIKE TRAIL SIGNAGE PROJECT
Whereas, the Iowa Department of Transportation has announced the availability of State
Recreational Trails Program Funding; and
Whereas, design, engineering and construction costs for pedestrian and bicycle facilities are
eligible activities for this funding; and
Whereas, the City has adopted a Comprehensive Plan that identifies a community-wide
bike/pedestrian network.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Planning Services is authorized to sign and submit this grant application to
the Iowa Department of Transportation for State Recreational Trails Program Funding for the
Bi-Lingual Bike/Hike Trail Signage Project.
Section 2. That in the event said application is approved, the City Council hereby provides
its written assurance that the completed project will be adequately maintained for its intended
use in accordance with state requirements.
nd
Passed, approved and adopted this 2 day of July 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Population in Annexed Areas: City Manager recommending approval of the certification of
population in areas annexed into the City of Dubuque since the 2000 Census, as required by
State law. Upon motion the documents were received and filed.
United States Department of the Interior: Communication from Stephen E. Whitesell,
National Park Centennial Coordinator, to Senator Charles E. Grassley regarding his support for
the Mississippi River Trail as a National Park Centennial project. Upon motion the documents
were received and filed.
Fiscal Year 2008 Annual Action Plan – Amendment #1: City Manager recommending
approval of Amendment #1 to the Fiscal Year 2008 (Program Year 2007) Annual Action Plan
for the use of Community Development Block Grant (CDBG) program funds. Upon motion the
documents were received and filed, and Resolution No. 359-07 Approving Amendment #1 to
the Fiscal Year 2008 (Program Year 2007) Annual Action Plan for Community Development
Block Grant funds was adopted.
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RESOLUTION NO. 359-07
RESOLUTION APPROVING AMENDMENT 1 TO THE FISCAL YEAR 2008 (PROGRAM
YEAR 2007) ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS.
Whereas, the City of Dubuque has prepared and approved an Annual Plan for Fiscal Year
2008 (Program Year 2007), and
Whereas, the City now desires to amend said FY 2008 Annual Plan to reflect the reduced
FY 2008 CDBG allocation as per the attached Exhibit A; and
Whereas, said amendment is a substantial amendment as provided in the City's Citizen
Participation Plan and must therefore be approved by resolution of the City Council after a
public hearing by the Community Development Advisory Commission; and
Whereas, the City held a public comment period beginning May 12, 2007 with publication in
the Telegraph Herald and on the City website; and
Whereas, the Community Development Advisory Commission reviewed the proposed
amendment on June 13, 2007 and voted to approve said amendment and to recommend
approval by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Amendment 1 to the Fiscal Year 2008 (Program Year 2007) Annual Plan for
the Community Development Block Grant (CDBG) program hereto attached as Exhibit A is
hereby approved.
Section 2. That the City Manager is hereby authorized and directed to submit a copy of this
resolution to the U. S. Department of Housing and Urban Development.
nd
Passed, approved and adopted this 2 day of July 2007.
Roy D Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Iowa Department of Economic Development: City Manager recommending approval of a
technical assistance contract with the Iowa Department of Economic Development for
purposes of administration of the lead paint hazard reduction program. Upon motion the
documents were received, filed, and approved.
Asbury Road Widening at Sam’s Club: City Manager recommending acceptance of the
dedication of right-of-way and Grant of Easement for storm sewer and traffic signals needed
for construction of an additional eastbound lane on Asbury Road by Sam’s Club. Upon motion
the documents were received and filed, and Resolution No. 360-07 Accepting a conveyance of
easements over part of Lot 1 of Pfohl Farm to the City of Dubuque; Resolution No. 361-07
Approving the acquisition plat of a part of Lot 1 of Pfohl Farm in the City of Dubuque, Dubuque
County, Iowa, and accepting the dedication of right-of-way for Asbury Road; and Resolution
No. 362-07 Approving the acquisition plat of a part of Lot 2 of 2 of Pfohl Farm in the City of
Dubuque, Dubuque County, Iowa, and accepting the dedication of right-of-way for Asbury
Road were adopted.
RESOLUTION NO. 360-07
ACCEPTING A CONVEYANCE OF EASEMENTS OVER PART OF LOT 1 OF PFOHL FARM
TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an Agreement with Plastic Center, Inc. pursuant
to which Plastic Center, Inc. agreed to convey easements for storm sewer and traffic signals
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over part of Lot 1 of Pfohl Farm in the City of Dubuque, Iowa, as shown on the Acquisition
Easement and Plat thereof; and
Whereas, Plastic Center, Inc. has executed a conveyance of said property.
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 Grant of Easement for Storm Sewer and Traffic Signals from Plastic Center,
Inc., 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.
nd
Passed, adopted and approved this 2 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 361-07
A RESOLUTION APPROVING THE ACQUISITION PLAT OF A PART OF LOT 1 OF PFOHL
FARM IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, AND ACCEPTING THE
DEDICATION OF RIGHT-OF-WAY FOR ASBURY ROAD
Whereas, the City of Dubuque entered into a Development Agreement with Plastic Center,
Inc. pursuant to which they agreed to survey, plat, and dedicate right-of-way along the south
side of Asbury Road to the City of Dubuque; and
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an
Acquisition Plat of a part of Lot 1 of Pfohl Farm in the City of Dubuque, Iowa, prepared by
Buesing & Associates; and
Whereas, upon said plat of Lot A of Pfohl Farm in the City of Dubuque, Dubuque County,
Iowa, appears right-of-way and public utility easements, which the owner, by said Acquisition
Plat, has dedicated to the public forever; and
Whereas, the Acquisition Plat conforms to the laws and statues pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Lot A of Pfohl Farm in the City of Dubuque, Dubuque
County, Iowa, for right-of-way and public utilities as they appear upon said Acquisition Plat, be
and the same are hereby accepted.
Section 2. That the Acquisition 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 3. That the City Clerk is hereby authorized and directed to file the Acquisition Plat
and a certified copy of this resolution in the office of the Recorder in and for Dubuque County,
Iowa.
nd
Passed, adopted and approved this 2 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 362-07
A RESOLUTION APPROVING THE ACQUISITION PLAT OF A PART OF LOT 2 of 2 OF
PFOHL FARM IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, AND ACCEPTING
THE DEDICATION OF RIGHT-OF-WAY FOR ASBURY ROAD
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Whereas, the City of Dubuque entered into a Development Agreement with Plastic Center,
Inc. pursuant to which they agreed to survey, plat, and dedicate right-of-way along the south
side of Asbury Road to the City of Dubuque; and
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an
Acquisition Plat of a part of Lot 2 of 2 of Pfohl Farm in the City of Dubuque, Iowa, prepared by
Buesing & Associates; and
Whereas, upon said plat of Lot B of Pfohl Farm in the City of Dubuque, Dubuque County,
Iowa, appears right-of-way and public utility easements, which the owner, by said Acquisition
Plat, has dedicated to the public forever; and
Whereas, the Acquisition Plat conforms to the laws and statues pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Lot B of Pfohl Farm in the City of Dubuque, Dubuque
County, Iowa, for right-of-way and public utilities as they appear upon said Acquisition Plat, be
and the same are hereby accepted.
Section 2. That the Acquisition 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 3. That the City Clerk is hereby authorized and directed to file the Acquisition Plat
and a certified copy of this resolution in the office of the Recorder in and for Dubuque County,
Iowa.
nd
Passed, adopted and approved this 2 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Mobile Data Computers for Fire Apparatus: City Manager recommending approval of the
selection of Racom to provide mobile data computers for fire apparatus. Upon motion the
documents were received, filed, and approved.
City of Asbury Voluntary Annexation: Steven R. McCann, City Development Board
Administrator, submitting the Filing of Written Decision in the matter of the City of Asbury
Voluntary Annexation within the urbanized area of the City of Dubuque.
Steven R. McCann, City Development Board Administrator, submitting the Findings of Fact
and Conclusions of Law and Determination in the matter of the City of Asbury Voluntary
Annexation including land without the consent of the owner and within the urbanized area of
the City of Dubuque. Upon motion the documents were received and filed.
Dubuque Drum and Bugle Corps: Communication from Greg Orwoll, Executive Director of
the Dubuque Drum and Bugle Corps, requesting that the residential parking restrictions around
Senior High School and any noise ordinances be suspended on July 6 and July 26, 2007 to
accommodate the Colts’ annual Music on the March. Motion by Cline to receive, file, and
approve the documents. Seconded by Braig. Cline reminded area residents of the event.
Motion carried 7-0.
2007 Property Tax Appeal: Communication from the Office of the City Assessor advising that
Catalin S. and Ioana V. Mamali have appealed their 2007 property tax assessment to the
Property Assessment Appeal Board in Des Moines. Upon motion the documents were received
and filed.
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Alley between North Grandview Avenue and St. Ambrose Street: Communication from Leslie
Furuseth and Lloyd Seaman, et al, requesting that the City vacate the alley that is located
between North Grandview Avenue and St. Ambrose Street.
Communication from Kenneth J. Leppert, 2075 Sunnyview Drive, in opposition to the
vacating and closing of the alley between North Grandview Avenue and St. Ambrose Street.
Upon motion the documents were received, filed, and referred to the City Manager.
Third Street Overpass Light Replacement Project: City Manager recommending award of
the public improvement contract for the Third Street Overpass Lighting Project to Giese Sheet
Metal Company, Inc., in the amount of $39,474.60. Upon motion the documents were received
and filed, and Resolution No. 363-07 Awarding public improvement contract for the Third Street
Overpass Light Replacement Project was adopted.
RESOLUTION NO. 363-07
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE THIRD STREET OVERPASS
LIGHT REPLACEMENT PROJECT
Whereas, sealed proposals have been submitted by contractors for the Third Street
Overpass Light Replacement Project (the Project) pursuant to Resolution No. 288-07 and
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Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 25
day of May, 2007.
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Whereas, said sealed proposals were opened and read on the 14 day of June, 2007 and it
has been determined that Giese Sheet Metal Co., Inc. of Dubuque, Iowa, with a bid in the
amount of $39,474.60, 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 Giese Sheet Metal
Co., Inc. and the City Manager is hereby directed to execute a Public Improvement Contract
on behalf of the City of Dubuque for the Project.
nd
Passed, approved and adopted this 2 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Pedestrian Wayfinding Sign System Design: City Manager recommending award of the
public improvement contract for the Pedestrian Wayfinding Sign System Design Project to
McCullough Creative, in the amount of $77,268. Upon motion the documents were received
and filed, and Resolution No. 364-07 Awarding public improvement contract for the Pedestrian
Wayfinding Sign System to McCullough Creative, in the amount of $77,268, was adopted.
RESOLUTION NO. 364-07
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE PEDESTRIAN WAYFINDING
SIGN SYSTEM PROJECT
Whereas, sealed proposals have been submitted by contractors for the Pedestrian
Wayfinding Sign System Project (the Project) pursuant to Resolution No. 302-07 and Notice to
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Bidders published in a newspaper published in the City of Dubuque, Iowa on the 25 day of
May, 2007.
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Whereas, said sealed proposals were opened and read on the 14 day of June, 2007, and it
has been determined that McCullough Creative of Dubuque, Iowa, with a bid in the amount of
$77,268.00, is the lowest responsive, responsible bidder for the Project.
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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 Insert McCullough
Creative and the City Manager is hereby directed to execute a Public Improvement Contract
on behalf of the City of Dubuque for the Project.
nd
Passed, approved and adopted this 2 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Shelter + Care Program Contract: City Manager recommending approval of a contract with
the US Department of Housing and Urban Development (HUD) for administration of the
Shelter + Care program. Upon motion the documents were received, filed, and approved.
I-Net Design and Planning Request for Proposal: City Manager recommending approval of
the issuance of a Request for Proposal for I-Net Design and Planning. Upon motion the
documents were received, filed, and approved.
Swiss Valley Farms: Communication from David Zwart, Swiss Valley Farms, requesting a
waiver for the construction of sidewalks along their Jackson Street frontage. Upon motion the
documents were received and filed and referred to the City Manager.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Rush Street
(Bryant – Villa) Reconstruction Project; Calendar Year 2007 Pavement Parking Project; and
Asbury Plaza Area Wastewater Pumping Facilities Project. Upon motion the documents were
received and filed, and Resolution No. 365-07 Approving public improvement contracts and
bonds was adopted.
RESOLUTION NO. 365-07
APPROVING PUBLIC IMPROVEMENT CONTRACTS AND BONDS
Whereas, the City Council has awarded the following public improvement contracts:
1. By Resolution No. 304-07, Public Improvement Contract for Rush Street (Bryant to Villa)
Reconstruction Project; and
2. Public Improvement Contract for the Calendar Year 2007 Pavement Marking Project to
Selco, Inc.; and
3. By Resolution No. 305-07, Public Improvement Contract for the Asbury Plaza Area
Wastewater Pumping Facilities 2007 Project to McDermott Excavating; and
Whereas, the Contractors have submitted the attached executed Public Improvement
Contracts and bonds.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The Public Improvement Contracts and bonds attached hereto are hereby approved.
nd
Passed, approved and adopted this 2 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Liquor License Transfer: Request of the National Mississippi River Museum to transfer their
liquor license to the Alliant Amphitheater/Stone Cliff Parking Lot on August 1, 2007. Upon
motion the documents were received, filed, and approved.
Business Licenses: City Manager recommending approval of annual liquor license renewals
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as submitted. Upon motion the documents were received and filed, and Resolution No. 366-07
Granting the issuance of sixteen (16) renewal licenses to sell cigarettes and cigarette papers;
Resolution No. 367-07 Granting the issuance of a Class “C” Beer Permit to Oky Doky #14,
Haun’s Specialty Meats, and Cedar Cross Amoco; and Resolution No. 368-07 Granting the
issuance of a Class “C” Beer/Liquor License to Knicker’s Saloon, House of China, Diamond Jo
Casino Portside, Murphs Southend Tap and American Legion Post #6; a Class “B” Wine Permit
to Haun’s Specialty Meats; a Class “WBN” Native Wine Permit to Haun’s Specialty Meats; a
Special Class “C” Liquor License to Jorja’s Restaurant; and a Special Class “C” Liquor (5-Day
Special Event) to Four Mounds Foundation were adopted.
RESOLUTION NO. 366-07
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.
16 RENEWALS
Bootlegger’s Pub Bootlegger’s Pub Inc 1689 Elm St
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Diamond Jo Casino Diamond Jo, Inc 400 E 3 St
Hartig Drug # 2 Hartig Drug Company 157 Locust St
Hartig Drug # 3 Hartig Drug Company 2255 J.F.K. Rd
Hartig Drug # 4 Hartig Drug Company 2225 Central Ave
Hartig Drug # 8 Hartig Drug Company 1600 University Ave
Keywest Conoco Rainbo Oil Company 2150 Twin Valley
Kwik Stop Rainbo Oil Company 2390 Central Ave
Kwik Stop Rainbo Oil Company 2320 Hwy 61
Kwik Stop Rainbo Oil Company 2255 Kerper Blvd
Kwik Stop Rainbo Oil Company 4039 Pennsylvania
Kwik Stop Rainbo Oil Company 2335 University Ave
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Lucky 13 David Erickson 385 E. 13 St
Oky Doky # 8 Hill St Plaza 535 Hill St
Oky Doky # 14 Kristina Chapman 1050 University
West Locust Mart Lee Potter Sr 408 W Locust
Passed, approved and adopted this 2nd day of July, 2007.
Roy D.Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 367-07
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
K-Cap Foods, Inc. Oky Doky # 14+(Sunday Sale) 1050 University Ave.
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Early Times Haun’s Specialty Meats+(Sunday Sale) 3033 Asbury Rd
LB Metcalf, Inc Cedar Cross Amoco+(Sunday Sale) 1200 Cedar Cross
Passed, approved and adopted this 2nd day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 368-07
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
Curtis Gerhard Knicker’s Saloon+(Sunday Sale) 2186 Central Ave
House of China Co. House of China+(Sunday Sale) 170 J.F.K. Rd
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Diamond Jo LLC Diamond Jo Casino 400 E. 3 St
Portside+(Sunday/Outdoor)
Pamela Murphy Murphs Southend Tap 55 Locust St
DBQ American Legion American Legion Post # 6+(Sunday 1306 Delhi St
Sale)
CLASS “B” WINE
Early Times Haun’s Specialty Meats 3033 Asbury Rd
CLASS “WBN” NATIVE WINE
Early Times Haun’s Specialty Meats 3033 Asbury Rd
SPECIAL CLASS “C”LIQUOR
Jorja Restaurant Inc Jorja Restaurant 3130 Jackson St
SPECIAL CLASS “C”LIQUOR (5 DAY SPECIAL EVENT)
4 Mounds Foundations Four Mounds Foundation Alliant Amphitheater
nd
Passed, approved and adopted this 2 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, set the public hearings as specified,
adopt the resolutions and direct the City Clerk to publish notice in the manner prescribed by
law. Seconded by Connors. Motion carried 7-0.
CIPP Lining Project: City Manager recommending initiation of the public bidding process for
the CIPP Lining Project and that a public hearing on the plans and specifications, form of
contract, and estimated cost be set for July 16, 2007. Upon motion the documents were
received and filed, and Resolution No. 369-07 Preliminary approval of plans and specifications,
form of contract, and estimated cost; setting date of public hearing on plans and specifications,
form of contract, and estimated cost; and ordering the advertisement for bids for the CIPP
Lining Project was adopted setting a public hearing for July 16, 2007, at a meeting to
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commence at 6:30 p.m. in the Public Library Auditorium.
RESOLUTION NO. 369-07
2007 SEWER CIPP LINING 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 2007 Sewer
CIPP Lining Project, in the estimated amount $206,781.96, 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 16 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,
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 2007 Sewer CIPP Lining 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 26 day of July, 2007. Bids shall be opened and read by the City Clerk
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at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 6 day
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of August, 2007, in the Public Library Auditorium, 360 West 11 Street, Dubuque, Iowa.
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Passed, adopted and approved this 2 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque Community Ice and Recreational Center: City Manager recommending that a
public hearing be set for July 16, 2007 to consider approval of a lease agreement with
Dubuque Community Ice and Recreational Center for a section of the McAleece Park and
Recreation Complex. Upon motion the documents were received and filed, and Resolution No.
370-07 Resolution of Intent to dispose of an interest in real property by lease agreement with
Dubuque Community Ice and Recreational Center 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. 370-07
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY
LEASE AGREEMENT WITH DUBUQUE COMMUNITY ICE & RECREATIONAL CENTER
WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following described real
estate (the Property): A part of an unplatted slough and parts of Mineral Lots 298 and 299
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south and west of Admiral Sheehy Drive in the Northwest Quarter of the Northeast Quarter of
Fractional Section 19, Township 89 North, Range 3 East of the 5th Principal Meridian in the
City of Dubuque, Dubuque County, Iowa shown on Exhibit A-1 attached hereto; and
WHEREAS, Dubuque Community Ice & Recreational Center, an Iowa Corporation the
Dubuque County Historical Society desires to lease the Property for the construction and
operation of an ice rink as set forth in the Lease Agreement attached hereto; and
WHEREAS, the City Council has tentatively determined that it would be in the best interests of
the City to enter into the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the Property by Lease
Agreement, a copy of which is attached hereto.
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
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intent to dispose of the foregoing-described real property, to be held on the 16 day of July, 2007,
at 6:30 o'clock p.m. at the Public Library Auditorium, 11th & Locust, Dubuque, Iowa.
Passed, approved and adopted this 2nd day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Individual Historic Designation – 40-42 Main: Communication from the Long Range
Planning Advisory Commission recommending that a public hearing be set for August 20, 2007
to consider approval of the Individual Historic Designation of 40-42 Main Street. Upon motion
the documents were received and filed, and a public hearing was set for August 20, 2007, at a
meeting to commence at 6:30 p.m. in the Public Library Auditorium.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions:
Historic Preservation Commission: (Two 3-year expired terms through July 1, 2010 – terms
of Stuart and Whalen). Applicants: Dave Stuart, John Whalen
Investment Oversight Advisory Commission: (Two 3-year expired terms through July 1,
2010 – terms of Ruden and Reisdorf). Applicants: Stephen Reisdorf, Gary Ruden
Long Range Planning Advisory Commission: (Two 3-year expired terms through July 1,
2010 – terms of Winterwood and Prochaska). Applicants: Dr. Charles Winterwood, James
Prochaska
TV Cable Teleprogramming Commission: (One 3-year expired term through June 30, 2010
– term of Everist). Applicant: Burton Everist
Zoning Advisory Commission: (Two 3-year expired terms through July 1, 2010 – terms of
Bird and Stiles). Applicants: Eugene Bird, Jeff Stiles.
Applicants Eugene Bird and Jeff Stiles spoke in support of their re-appointment.
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Appointments were made to the following Boards/Commissions: 175 Anniversary
Celebration Coordinating Committee. Fifteen Member Ad Hoc Committee, Temporary Terms
(1 High School Student, 2 Young Professionals, 1 Historical Society Representative, 1
Chamber of Commerce Representative, 1 Arts Commissioner, 1 Telegraph Herald
Representative, 1 Education Representative, 6 Citizen Representatives)
Applicants: High School Student (1) – No applicants
Young Professionals (2). Applicants: Amanda Brechler, Scott Frost, Brooke Gassman,
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Susan Hess, Jennifer Lien, Lindsey McNeeley-Moeller, Christopher Wand, Tammy Welbes,
Marcie Winkelman.
Historical Society Representative (1). Applicant: Meg Wall-Wild.
Chamber of Commerce Representative (1). Applicant: Sue Czeshinski.
Arts Commissioner (1): Applicants: Louise Kames, Amy Weber
Telegraph Herald Representative (1): Applicant: Diane Mohr
Education Representative (1): Applicant: Gary Olsen
Citizen Representatives (6): Wallace Brown, Susan Farber, Barbara Fisher, Michael Gibson,
Bart Kintzinger, Joseph Rapp, Ralph Scharnau, Jennifer Tigges, Tammy Welbes, Katie
Weidemann, this appointment also included any eligible applicant not already appointed
Upon vote Michalski moved to appoint Christopher Wand, Lindsey McNeeley-Moeller, Meg
Wall-Wild, Sue Czeshinski, Amy Weber, Diane Mohr, Gary Olsen, Wallace Brown, Susan
Farber, Michael Gibson, Ralph Scharnau, Jennifer Tigges, and Katie Weidemann to temporary
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terms on the 175 Anniversary Celebration Coordinating Committee. Seconded by Connors.
Motion carried 7-0.
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Communication from Susan M. Hess regarding her application for the 175 Anniversary
Celebration Committee.
Connors encouraged recruitment for the teen applicant.
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. Motion by Michalski to appoint Alan Avery, Susan Lindsay, Michael Shubatt,
Kristen Smith to 4-year expired terms through July 1, 2011. Seconded by Connors. Motion
carried 7-0.
Mechanical Board: One 3-year expired term through March 16, 2009 (Term of Geisler).
Applicant: Todd Geisler. Motion by Connors to appoint Todd Giesler to a 3-year expired term
through March 16, 2009. Seconded by Lynch. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Port of Dubuque Parking Facilities Project: Proof of publication on notice of hearing to
consider the plans and specifications, form of contract, and estimated cost for the Port of
Dubuque Parking Facilities Project and City Manager recommending approval and further
recommending that the revised bid date of July 25, 2007 be approved. Motion by Connors to
receive and file the documents and adopt Resolution No. 371-07 Approving plans and
specifications, form of contract, and estimated cost for the Port of Dubuque Parking Facilities
Project and Resolution No. 372-07 Ordering the re-advertisement for bids for the Port of
Dubuque Public Parking Facility Project. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 371-07
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE PORT OF DUBUQUE PUBLIC PARKING 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 Public Parking Facility Project, in the estimated amount $25,179,650.00, are hereby
approved.
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Passed, adopted and approved this 2 day of July, 2007.
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Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 372-07
ORDERING THE RE-ADVERTISEMENT FOR BIDS FOR THE PORT OF DUBUQUE
PUBLIC PARKING FACILITY PROJECT
Whereas, by Resolution No. 348-07, the City Council ordered the advertisement for bids for
the Port of Dubuque Public Parking Facility Project (the Project) and fixed the date for filing
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bids as the 12 day of July, 2007; and
Whereas, the City Council believes it is in the public interest to extend the date for filing bids
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to the 25 day of July, 2007.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Port of Dubuque Public Parking Facility Project is hereby ordered to be re-
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 re-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 25 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 5:00 p.m. on the 14 day of August, 2007, in the Public Library Auditorium, 360 West
11th Street, Dubuque, Iowa.
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Passed, adopted and approved this 2 day of July, 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
Serenity Ridge – Preliminary Plat: Zoning Advisory Commission recommending approval of
the preliminary plat of the Serenity Ridge Subdivision, with conditions. City Manager
recommending that Condition #1 be retained as part of the approval of the Serenity Ridge
Subdivision preliminary plat. Motion by Cline to receive and file the documents and approve
the recommendations of the Zoning Advisory Commission and the City Manager. Seconded by
Connors. John Herrig, 13668 Surrey Lane, requested that the condition be removed stating
that the speed limit should remain at 35 mph and that the road meets the 35 mph criteria. City
Engineer Gus Psihoyos said that Plaza Drive is currently 35 mph, but the road is designed for
45 mph, and that the average traffic speed on roads in the area is 40-45 mph. Braig said that
citizens shouldn’t pay for improvement of an intersection that a private developer will benefit
from. She favored not removing the condition. City Manager Van Milligen said that the City has
294 miles of street and that it cannot all be constantly enforced. He explained that HDR
strongly suggested improving the sight distance, and also that he is not suggesting the City
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pay all of the cost of the improvement. Cline questioned why the City is making it convenient
for people to go over the speed limit. Zoning Advisory Commission Vice Chairperson Jeff Stiles
said the Commission was going on the recommendation of the City Manager and that is was a
matter of safety. Michalski questioned if the intersection was safe at 35 mph. The required
condition is for improvement of the intersection to meet the 45 mph criteria, but the posted
speed limit remain at 35 mph. Jones favored increasing the safety of the intersection while not
increasing the speed limit. Connors agreed that the bottom line is safety. Motion carried 7-0.
Designation of Public Nuisance – 409 Burch Street: City Manager recommending that a
hearing be set to determine whether 409 Burch Street is a public nuisance according to
Chapters 23 and 26 of the Dubuque Code of Ordinances. Motion by Braig to set the hearing
for 6:30 p.m. on Monday, August 27, 2007 in the Public Library Auditorium. Seconded by Cline.
Michalski requested that the City Council be provided guidelines regarding the hearing. Motion
carried 7-0.
Cooper Management, LLC (Bricktown) Liquor License: City Manager recommending that a
hearing date be set to consider a 21-day suspension of the Cooper Management, LLC liquor
license for their operation at 299 Main Street that includes Stonewall Lounge, Bricktown
Brewery and the Blackwater Grill. Motion by Cline to set a hearing at 6:30 p.m. on Wednesday,
July 18, 2007, in the Public Library Auditorium. Seconded by Braig. Motion carried 7-0.
Fiscal Year 2008 Dubuque County REAP Plan: City Manager recommending approval of the
City of Dubuque’s update of the Fiscal Year 2008 Dubuque County REAP Plan, submittal of
the Fiscal Year 2008 REAP grant application of $200,000 for the Trolley Line Trail at Eagle
Point Park and appointment of a City Council representative (currently Council Member Joyce
Connors) to the REAP Committee. Motion by Cline to receive and file the documents, adopt
Resolution No. 373-07 Authorizing a REAP Grant Application to the Iowa Department of
Natural Resources for Trolley Line Trail, and appoint Council Member Joyce Connors as the
Council representative. Seconded by Jones. Connors thanked Planning Services Manager
Laura Carstens for her hard work on the REAP Committee. Motion carried 7-0.
RESOLUTION NO. 373-07
RESOLUTION AUTHORIZING A REAP GRANT APPLICATION TO THE IOWA
DEPARTMENT OF NATURAL RESOURCES FOR TROLLEY LINE TRAIL
Whereas, the City of Dubuque has identified the Trolley Line Trail as an important
recreational facility to be developed as part of the City’s commitment to a citywide bike/hike
network adopted by the City of Dubuque in 1995; and
Whereas, the Iowa Department of Natural Resources has allocated grant funds in the REAP
(Resource Enhancement and Protection) Program for the development of bike/hike trails; and
Whereas, the City of Dubuque has adopted a Comprehensive Plan that includes goals for
development of bike/hike trails.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized to sign and the Planning Services Manager is
hereby authorized to submit an application to the Iowa Department of Natural Resources for
REAP funds for the Trolley Line Trail.
Section 2. That in the event said application is approved, the City Council hereby provides
its written assurance that the completed project will be adequately maintained for its intended
use in accordance with state requirements.
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Passed, approved and adopted this 2 day of July 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Identification Signs at the Dubuque Technology Park: City Manager recommending approval
of Design Option 4 submitted by Lange Sign Group of Dubuque as the design style for the
Dubuque Technology Park. Motion by Jones to receive and file the documents and approve.
Seconded by Cline. Motion carried 7-0.
Ice Harbor Transient Boat Dock Project: City Manager recommending award of the public
improvement contract for the Ice Harbor Transient Boat Dock Project to the only bidder, Newt
Marine Service, in the amount of $520,546.71, for the Alternate Bid – Floating Docks with
Composite Decking and further recommending that staff be authorized to review value
engineering design alternatives to evaluate project cost saving opportunities. Motion by Cline
to receive and file the documents and adopt Resolution No. 374-07 Awarding public
improvement contract for the Ice Harbor Transient Boat Dock Project. Seconded by Jones.
Motion carried 7-0.
RESOLUTION NO. 374-07
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE PORT OF DUBUQUE – ICE
HARBOR TRANSIENT BOAT DOCK FACILITY PROJECT
Whereas, sealed proposals have been submitted by contractors for the Port of Dubuque -
Ice Harbor Transient Boat Dock Facility Project (the Project) pursuant to Resolution No. 328-
07 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on
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the 5 day of June, 2007.
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Whereas, said sealed proposals were opened and read on 21 day of June, 2007 and it has
been determined that Newt Marine Service of Dubuque, Iowa, with a bid in the amount of
$520,546.71, 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 Newt Marine
Service 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 2 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Decorative Concrete Repair and Maintenance Project: City Manager recommending that
some of the elements of the Decorative Concrete Repair and Maintenance Project be delayed
for a future project and that the remaining elements be awarded to Tschiggfrie Excavating in
the amount of $227,449.45. Motion by Lynch to receive and file the documents and adopt
Resolution No. 375-07 Awarding public improvement contract for the Decorative Concrete
Repair and Maintenance Project. Seconded by Jones.
RESOLUTION NO. 375-07
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE DECORATIVE CONCRETE
REPAIR AND MAINTENANCE PROJECT
Whereas, sealed proposals have been submitted by contractors for the Decorative Concrete
Repair and Maintenance Project (the Project) pursuant to Resolution No. 285-07 and Notice to
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Bidders published in a newspaper published in the City of Dubuque, Iowa on the 25 day of
May, 2007.
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Whereas, said sealed proposals were opened and read on the 21 day of June, 2007 and it
has been determined that Tschiggfrie Excavating, Inc. of Dubuque, Iowa, with a bid in the
amount of $227,449.45, 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 Tschiggfrie
Excavating, 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 2 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
COUNCIL MEMBER REPORTS
Jones requested that staff look into the left turn visibility at the NW Arterial and Asbury Road
intersection. He said there is no visibility for the left turn and suggested replacing the left turn
on green with a green arrow only. City Engineer Gus Psihoyos said that staff has met with
IDOT to discuss concerns on that intersection as well as other intersections on the NW
Arterial. An action plan has been developed.
There being no further business, upon motion the City Council adjourned at 7:53 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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