7 16 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 16, 2007, in the
Public Library Auditorium.
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen; City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session called for the purpose of
discussing such matters which may properly come before the Council.
PLEDGE OF ALLEGIANCE
INVOCATION
Joan Hauge, Interim Pastor, St. John's Lutheran Church
PROCLAMATIONS
Dubuque County Fair Week (July 24 – July 29, 2007) was accepted by Jamie Blum,
General Manager, Dubuque County Fair; Tour de Dubuque Day (August 25, 2007) was
accepted by Mike Martin, Gene Rokusek, and Duane Shumacher of Freedom Riders; United
Way Campaign Time (August 8 – October 31, 2007) was accepted by Campaign Chair Jim
Normandin, 16506 Coventry Lane.
CONSENT ITEMS
Motion by Cline to receive and file the documents and dispose of as indicated. Seconded by
Lynch. Braig requested (#14) Free Keyline Bus Rides for School Students be held for separate
discussion. Cline requested (#32) Cooper Management Company Liquor License Subpoenas
be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: Building Code Board of Appeals of 6/19; Cable TV
Teleprogramming Commission of 6/12; City Council of 7/2 and 7/9; Civil Service Commission
of 5/15; Historic Preservation Commission of 6/21; Housing Commission of 6/25; Human
Rights Commission of 6/11; Park and Recreation Commission of 6/12; Zoning Advisory
Commission of 7/5; Zoning Board of Adjustment of 6/28.
Proofs of publication of City Council Proceedings of June 18, 2007 and List of Claims and
Summary of Revenues for month ending May 31, 2007
Library Board of Trustees Update from meeting of June 28, 2007
Upon motion the documents were received and filed.
Notice of Claims/Suits: Lisa Bowers for property damage; William Brown for property
damage; Leonard/Helen McIntire for vehicle damage; Ann Till for property damage; Julie
Welter for property damage; Joan M. Overhouse for property damage; Tracey Little for
property damage. Upon motion the documents were received and filed and referred to the City
Attorney.
North Grandview Estates Sanitary Sewer and Watermain Project: City Manager
recommending acceptance of the North Grandview Estates Sanitary Sewer and Watermain
Project as completed by Connolly Construction in the final contract amount of $262,284.55.
Upon motion the documents were received and filed and Resolution No. 376-07 Accepting the
North Grandview Estates Sanitary Sewer and Watermain Project and authorizing the payment
of the contract amount to the contractor was adopted.
RESOLUTION NO. 376-07
ACCEPTING THE NORTH GRANDVIEW ESTATES – SANITARY SEWER & WATER MAIN
PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract for the North Grandview Estates – Sanitary
Sewer & Water Main Project (the Project) has been completed and the City Manager has
examined the work and filed a certificate stating that the Project has been completed according
to the terms of the Public Improvement Contract and that the City Manager recommends that
the Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Manager is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Sanitary Sewer, Internal Main Capital Improvement Project, Sewer Extensions, New
Development Capital Improvement Project, and Water Internal Main, New Developments
Capital Improvement Project, and the Revolving Loan Fund appropriations for the contract
amount of $262,284.55 ($193,685.30 for the sanitary sewer portion and $68,599.25 for the
water main portion) less any retained percentage provided for therein as provided in Iowa
Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa
Code chapter 573.
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Passed, approved and adopted this 16 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE NORTH GRANDVIEW
ESTATES – SANITARY SEWER & WATER MAIN PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the sanitary sewer and water main portions of the North Grandview Estates–
Sanitary Sewer & Water Main Project, that the Project has been performed in compliance with
the terms of the Public Improvement Contract, and that the total cost of the completed work is
$262,284.55.
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Dated this 16 day of July, 2007.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 16 day of July, 2007.
Jeanne F. Schneider, CMC, City Clerk
Reeder and Lois Street Sanitary Sewer Construction Project: City Manager recommending
acceptance of the Reeder and Lois Street Sanitary Sewer Construction Project as completed
by WC Stewart Construction, Inc., in the final contract amount of $39,978.84. Upon motion the
documents were received and filed and Resolution No. 377-07 Accepting the Reeder and Lois
Street Sanitary Sewer Construction Project was adopted.
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RESOLUTION NO. 377-07
ACCEPTING THE REEDER AND LOIS STREET SANITARY SEWER PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Reeder and Lois Street Sanitary Sewer
Project (the Project) has been completed and the City Manager has examined the work and
filed a certificate stating that the Project has been completed according to the terms of the
Public Improvement Contract and that the City Manager recommends that the Project be
accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Manager is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the Reeder
and Lois Street Storm Sewer Capital Improvement Project and Sanitary Sewer General
Repairs Capital Improvement Project appropriations for the contract amount of $39,978.84 less
any retained percentage provided for therein as provided in Iowa Code chapter 573, and to
pay such retainage only in accordance with the provisions of Iowa Code chapter 573.
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Passed, approved and adopted this 16 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE REEDER AND LOIS
STREET SANITARY SEWER PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Reeder and Lois Street Sanitary Sewer Project, that the Project has been
performed in compliance with the terms of the Public Improvement Contract, and that the total
cost of the completed work is $51,234.34.
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Dated this 16 day of July. 2007.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 16 day of July, 2007.
Jeanne F. Schneider, CMC, City Clerk
Port of Dubuque Storm Sewer Extension, Phase V Project: City Manager recommending
acceptance of the Port of Dubuque Storm Sewer Extension, Phase V Project as completed by
Tschiggfrie Excavating Company, in the final contract amount of $129,037.42. Upon motion the
documents were received and filed and Resolution No. 378-07 Accepting the Port of Dubuque
Storm Sewer Extension, Phase V Project was adopted.
RESOLUTION NO. 378-07
ACCEPTING THE PORT OF DUBUQUE STORM SEWER EXTENSION–PHASE V
PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract for the Port of Dubuque Storm Sewer Extension
– Phase V Project (the Project) has been completed and the City Manager has examined the
work and filed a certificate stating that the Project has been completed according to the terms
of the Public Improvement Contract and that the City Manager recommends that the Project be
accepted; and
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Manager is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the Port of
Dubuque Storm Sewer Extension – Phase V Project appropriation for the contract amount of
$129,037.42 less any retained percentage provided for therein as provided in Iowa Code
chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code
chapter 573.
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Passed, approved and adopted this 16 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE PORT OF DUBUQUE
STORM SEWER EXTENSION – PHASE V PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Port of Dubuque Storm Sewer Extension – Phase V Project, that the Project has
been performed in compliance with the terms of the Public Improvement Contract, and that the
total cost of the completed work is $147,569.47.
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Dated this 16 day of July, 2007.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 16 day of July, 2007.
Jeanne F. Schneider, CMC, City Clerk
Cedar Lake Plaza: City Manager recommending acceptance of the public improvements
which the developers, Richard V. and Charlene L. Hansel, have recently completed in Cedar
Lake Plaza. Upon motion the documents were received and filed and Resolution No. 379-07
Accepting public improvements in Cedar Lake Plaza was adopted.
RESOLUTION NO. 379-07
ACCEPTING PUBLIC IMPROVEMENTS IN CEDAR LAKE PLAZA
Whereas, pursuant to Resolution No. 287-01, certain public improvements including street
paving with curb, sanitary sewer main, watermain, storm sewers and catch basins, boulevard
street lighting, and sanitary sewer pumping station were installed by the developer of Cedar
Lake Plaza; and
Whereas, the improvements have been completed and the City Manager has examined the
work and has filed a certificate stating that the same has been completed in accordance with
the plans approved by the City Council and in conformance with City specifications, and has
recommended that the improvements be accepted by the City Council.
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 public
improvements in Cedar Lake Plaza be and the same is hereby accepted.
Section 2. That the maintenance of the privately-owned detention facility shall remain the
responsibility of the developer.
Section 3. In accordance with an agreement with the developer dated July 30, 2001:
a. “The City will pay for all day-to-day operational costs, including electrical costs of
the pumping station. Major repair costs, beyond day-to-day operational costs, shall be
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assessed to Cedar Lake Plaza property owners, their successors, and assignees and
paid annually upon receipt of a statement from the City.”
b. The storm sewer extending beyond the right-of-way line of Cedar Cross Road
shall remain private and be maintained by the developer, their successors, and
assignees.
Section 4. That maintenance of said improvements shall be the responsibility of the
contractor and developer for a period of two (2) years from this date.
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Passed, approved and adopted this 16 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Kaufmann Avenue Storm Sewer Construction Project: City Manager recommending award
of the public improvement contract for the Kaufmann Avenue Storm Sewer Construction
Project to Drew Cook & Sons Excavating in the amount of $23,394.25. Upon motion the
documents were received and filed and Resolution No. 380-07 Awarding public improvement
contract for the Kaufmann Avenue Storm Sewer Construction Project to Drew Cook & Sons
Excavating was adopted.
RESOLUTION NO. 380-07
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE KAUFMANN ALLEY STORM
SEWER CONSTRUCTION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Kaufmann Alley
Storm Sewer Construction Project (the Project) pursuant to Resolution No. 291-07 and Notice
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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 21 day of June, 2007 and it
has been determined that Drew Cook & Sons Excavating of Dubuque, Iowa, with a bid in the
amount of $23,394.25, 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 Drew Cook & Sons
Excavating 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 16 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
York and Curtis Street Storm Sewer Construction Project: City Manager recommending
award of the public improvement contract for the York and Curtis Street Storm Sewer
Construction Project to McDermott Excavating in the amount of $35,076.83. Upon motion the
documents were received and filed and Resolution No. 381-07 Awarding public improvement
contract for the York and Curtis Street Storm Sewer Construction Project to McDermott
Excavating was adopted.
RESOLUTION NO. 381-07
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE YORK AND CURTIS STORM
SEWER IMPROVEMENTS PROJECT
Whereas, sealed proposals have been submitted by contractors for the York and Curtis
Storm Sewer Improvements Project (the Project) pursuant to Resolution No. 317-07 and
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Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 8
day of June, 2007.
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Whereas, said sealed proposals were opened and read on the 28 day of June, 2007 and it
has been determined that McDermott Excavating of Dubuque, Iowa, with a bid in the amount
of $35,076.83, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to McDermott
Excavating and the City Manager is hereby directed to execute a Public Improvement Contract
on behalf of the City of Dubuque for the Project.
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Passed, approved and adopted this 16 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Star Brewery Drive Construction Project: City Manager recommending award of the public
improvement contract for the Star Brewery Drive Construction Project to Portzen Construction,
Inc. in the amount of $529,673.60. Upon motion the documents were received and filed and
Resolution No. 382-07 Awarding public improvement contract for the Star Brewery Drive
Construction Project to Portzen Construction, Inc., was adopted.
RESOLUTION NO. 382-07
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE STAR BREWERY DRIVE
CONSTRUCTION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Star Brewery Drive
Construction Project (the Project) pursuant to Resolution No. 320-07 and Notice to Bidders
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published in a newspaper published in the City of Dubuque, Iowa on the 8 day of June, 2007.
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Whereas, said sealed proposals were opened and read on the 3 day of July, 2007 and it
has been determined that Portzen Construction, Inc. of Dubuque, Iowa, with a bid in the
amount of $529,673.60, 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 Portzen
Construction, Inc. and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
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Passed, approved and adopted this 16 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Raven Oaks Drive – Request to Vacate: City Manager recommending preliminary approval
of a request to vacate a portion of Raven Oaks Drive and that the owner be directed to
proceed with the formal vacate process. Upon motion the documents were received and filed
and approved.
Transient Boat Dock Facility: City Manager recommending approval of a Boating
Infrastructure Grant Contract for the Main Channel Transient Boat Dock Facility at the Port of
Dubuque. Upon motion the documents were received and filed and Resolution No. 383-07
Authorizing a contract agreement for a Boating Infrastructure Grant for the Main Channel
Transient Boat Facility was adopted.
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RESOLUTION NO. 383-07
RESOLUTION AUTHORIZING A CONTRACT AGREEMENT FOR A BOATING INFRA-
STRUCTURE GRANT FOR THE MAIN CHANNEL TRANSIENT BOAT FACILITY
Whereas, the U. S. Fish and Wildlife Service provides a federal pass-through grant program
to the Iowa Department of Natural Resources for Tier 2 Boating Infrastructure Grants for
transient boat docks; and
Whereas, the City of Dubuque has been awarded a Tier 2 Boating Infrastructure Grant for
the construction of the Main Channel Transient Boat Facility at the Port of Dubuque; and
Whereas, the construction of transient boat docks at the Port of Dubuque is included as a
component of the Vision Iowa grant for the America’s River project and is consistent with the
Port of Dubuque Master Plan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is hereby authorized to sign the contract agreement with the
Iowa Department of Natural Resources for a Tier 2 Boating Infrastructure Grant to fund the
Main Channel Transient Boat Facility on behalf of the City of Dubuque.
Section 2. That the City Council authorizes the City Manager to utilize budgeted Capital
Improvement Program funds to provide the match required by this program.
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Passed, approved and adopted this 16 day of July 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Heritage Trail Bridge Replacement Project: Communication to Brian Preston regarding the
State Recreation Trail Grant for the Heritage Trail Bridge Replacement Project. Upon motion
the document was received and filed.
Dubuque Initiatives: City Attorney recommending approval of the acceptance of a Quit Claim
Deed from Dubuque Initiatives for the Dubuque Hardwoods and Klauer properties in the Port
of Dubuque. Upon motion the documents were received and filed and Resolution No. 384-07
Accepting the deed to certain real estate in Dubuque County, Iowa from Dubuque Initiatives
was adopted.
RESOLUTION NO. 384-07
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA
FROM DUBUQUE INITIATIVES
WHEREAS, the City of Dubuque entered into an Agreement with Dubuque Initiatives for the
purchase of certain real property in Dubuque County, Iowa; and
WHEREAS, the terms of the Agreement have now been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the Quit Claim from Dubuque Initiatives attached
hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution and the Quit
Claim Deed with the Dubuque County Recorder.
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Passed, approved and adopted this 16 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Free KeyLine Bus Rides for School Students: City Manager recommending approval of an
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agreement with the Dubuque Community School District for free ridership for public and
parochial students enrolled in the district. Motion by Braig to receive and file the documents.
Seconded by Michalski. Braig said that this program showed good cooperation between the
City and the school district, was great for citizens, and a huge opportunity. She said staff did a
good job. Motion carried 7-0.
Northeast Iowa School of Music: City Manager recommending approval of a grant
agreement with the Northeast Iowa School of Music to provide music lessons for four children
as part of the Uptown Recreation Program. Upon motion the documents were received and
filed and approved.
Dubuque County ISU Extension: City Manager recommending approval of a grant
agreement with Dubuque County ISU Extension to conduct recreation programs as part of the
Uptown Recreation Program. Upon motion the documents were received and filed and
approved.
Grant Agreement – Four Mounds Foundation: City Manager recommending approval of the
grant agreement with the Four Mounds Foundation to provide the day camp program as part of
the summer Uptown Recreation Program. Upon motion the documents were received and filed
and approved.
Purchase of Service Agreement with Greater Dubuque Development Corporation: City
Manager recommending approval of a Purchase of Service Agreement with Greater Dubuque
Development Corporation for support of their Destination for Opportunity Campaign. Upon
motion the documents were received and filed and approved.
Purchase of Service Agreement with Dubuque Area Labor Management Council: City
Manager recommending approval of an amended Purchase of Service Agreement with
Dubuque Area Labor Management Council to provide funding for improvement and expansion
of labor-management cooperation in the public and private sector in the Dubuque area. Upon
motion the documents were received and filed and approved.
U.S. Cellular Service Agreement: City Manager recommending approval of a master use
agreement between the City of Dubuque and U.S. Cellular to assist with standard cell phone
user contract end dates, equipment choices and prices. Upon motion the documents were
received and filed and approved.
Request for Proposals – North Siegert Farm: City Manager recommending approval of the
issuance of a Request for Proposals for development of the next phase of the Dubuque
Industrial Center West and the construction of a connecting street from Pennsylvania Avenue
to Dubuque Industrial Center West. Upon motion the documents were received and filed and
approved.
Dubuque Industrial Center West: City Manager recommending approval to subdivide Lot 1
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of 2 of the Dubuque Industrial Center West 7 Addition into two parcels to accommodate the
expansion of Art’s Way / Vessels, Inc. Upon motion the documents were received and filed and
Resolution No. 384A-07 Accepting the deed to certain real estate in Dubuque County, Iowa,
from Dubuque Initiatives was adopted.
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RESOLUTION NO. 384A-07
RESOLUTION APPROVING PLAT OF SURVEY DUBUQUE INDUSTRIAL CENTER WEST
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7 ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat
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of Survey Dubuque Industrial Center West 7 Addition in the City of Dubuque, Iowa, dated July
12, 2007, prepared by IIW Engineers and Surveyors, P.C., describing the property to be
subdivided, a copy of which is attached hereto (the Plat); and
Whereas, the Plat conforms to the laws and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Plat is hereby approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa.
Section 2. The City Clerk is hereby authorized and directed to file the Plat and a certified
copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa.
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Passed, approved and adopted this 16 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
American Airlines: Communication to Mary Peters, Secretary – U.S. Department of
Transportation, in support of an application made by American Airlines to obtain route authority
to operate a daily nonstop flight from Chicago O’Hare International Airport to Beijing, China.
Upon motion the documents were received and filed.
Enterprise Zone Contract – Port of Dubuque New Main Development, LLC: City Manager
recommending approval of a Housing Enterprise Zone Program Agreement by and among the
Iowa Department of Economic Development, the City of Dubuque and Port of Dubuque New
Main Development, LLC related to the development of the mixed-use building in the Port of
Dubuque. Upon motion the documents were received and filed and Resolution No. 385-07
Approving a Housing Enterprise Zone Program Agreement by and among the Iowa
Department of Economic Development, the City of Dubuque and Port of Dubuque New Main
Development, LLC, was adopted.
RESOLUTION NO. 385-07
RESOLUTION APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT
BY AND AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CITY
OF DUBUQUE AND PORT OF DUBUQUE NEW MAIN DEVELOPMENT, LLC.
Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise
Zone Commission; and
Whereas, the Enterprise Zone Commission on May 8, 2007 approved the application of Port
of Dubuque New Main Development, LLC for Housing Enterprise Zone benefits; and
Whereas, Port of Dubuque New Main Development, LLC’s application was approved by the
Iowa Department of Economic Development on May 21, 2007; and
Whereas, the Iowa Department of Economic Development has prepared and submitted for
City Council approval an agreement relating to Housing Enterprise Zone benefits for Port of
Dubuque New Main Development, LLC a copy of which is attached hereto and by this
reference made a part hereof; and
Whereas, the City Council finds that the proposed agreement is acceptable and necessary
to the growth and development of the city.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of Economic Development Housing Enterprise
Zone Program Agreement, Number 07-HEZ-045, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Agreement
on behalf of the City of Dubuque and forward the executed copy to the Iowa
Department of Economic Development for their approval.
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Passed, approved and adopted this 16 day of July 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Urban Renewal Tax Increment Revenue Bonds – Port of Dubuque Parking Facility: City
Manager recommending approval of the form of offering documents to be used in connection
with the issuance of the above-referenced Bonds. Upon motion the documents were received
and filed and Resolution No. 386-07 Approving the form of offering documents for the issuance
of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds, Taxable Series
2007, and authorizing execution and distribution of same was adopted.
Council Member Patricia Cline introduced the following Resolution entitled "RESOLUTION
APPROVING THE FORM OF OFFERING DOCUMENTS FOR THE ISSUANCE OF NOT TO
EXCEED $25,000,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS, TAXABLE
SERIES 2007, AND AUTHORIZING EXECUTION AND DISTRIBUTION OF THE SAME", and
moved its adoption. Council Member Kevin Lynch seconded the motion to adopt. The roll was
called and the vote was:
AYES: Braig, Buol, Cline, Connors, Jones, Lynch, Michalski
NAYS: None
Whereupon the Mayor declared the following Resolution duly adopted:
RESOLUTION NO. 386-07
RESOLUTION APPROVING THE FORM OF OFFERING DOCUMENTS FOR THE
ISSUANCE OF NOT TO EXCEED $25,000,000 URBAN RENEWAL TAX INCREMENT
REVENUE BONDS, TAXABLE SERIES 2007, AND AUTHORIZING EXECUTION AND
DISTRIBUTION OF THE SAME
WHEREAS, this Council has previously instituted proceedings and resolved to take
additional action for the authorization and the issuance of not to exceed $25,000,000 Urban
Renewal Tax Increment Revenue Bonds (the "Bonds") for the purpose of paying 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 (described
herein as the "Parking 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
WHEREAS, this Council has previously held a public hearing on the plans and
specifications and form of contract with respect to the construction of the Parking Facility, and
construction bids with respect to the same are expected to be received on July 25, 2007 and
considered by this Council at a special meeting to be held on August 14, 2007; and
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WHEREAS, the City Manager has proposed that the Mayor be authorized to execute a
preliminary Official Statement prepared for the purpose of offering the Bonds for sale to the
public following the receipt of said construction bids and a determination by the City Manager
and representatives of Diamond Jo LLC that the preliminary marketing of the Bonds should
commence; and
WHEREAS, a preliminary form of Official Statement has been prepared for the purpose of
offering the Bonds for sale to the public; and
WHEREAS, it is appropriate that the form of the preliminary Official Statement be approved
and deemed final upon completion of the same, and that the preliminary Official Statement be
used in connection with the offering of the Bonds for sale to the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Approval of Offering Documents. The preliminary Official Statement for the
Bonds is authorized and approved in substantially the form and content now before this
meeting, but subject to completion or modification as may be deemed necessary or advisable
by the City Manager, upon the advice of legal counsel, and may be executed by the Mayor on
behalf of the City and delivered to representatives of Robert W. Baird & Co., as the anticipated
underwriter of the Bonds, at such time and with such changes, modifications, additions or
deletions therein as the City Manager shall determine to be appropriate, the Mayor's execution
thereof to constitute conclusive evidence of his approval of any and all changes from the form
and content of the same now before this meeting. The preliminary Official Statement in the
form executed by the Mayor shall be deemed final for purposes of SEC Rule 15c2-12, and is
authorized to be distributed in connection with the offering of the Bonds for sale.
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Passed and approved this 16day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Dubuque Community School District – 1126 White Street: City Manager recommending
acceptance of the Special Warranty Deed from the Dubuque Community School District for
property located at 1126 White Street. Upon motion the documents were received and filed and
Resolution No. 387-07 Accepting the deed to certain real estate in Dubuque County, Iowa from
Dubuque Community School District was adopted.
RESOLUTION NO. 387-07
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA
FROM DUBUQUE COMMUNITY SCHOOL DISTRICT
WHEREAS, the City of Dubuque entered into an Agreement with Dubuque Community
School District for the purchase of the following described real property in Dubuque County,
Iowa: The South Middle 1/5 of Out Lot 480 in the City of Dubuque, Iowa, according to the
United States Commissioners’ Map thereof.
WHEREAS, the terms of the Agreement have now been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the Warranty Deed from Dubuque Community
School District attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution and the
Warranty Deed with the Dubuque County Recorder.
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Passed, approved and adopted this 16 day of July, 2007.
Roy D. Buol, Mayor
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Attest: Jeanne F. Schneider, City Clerk
Office of the City Assessor: Communications from the City Assessor advising that Mary E.
Gau, Michael Walsh, Kathryn Dean, David F. Krieg, McFadden Family Partnership, First
National Bank, James and Donna McCann, Jeffrey D. Spahn, Linda A. Heyer, and John and
Kathy Pesetski have appealed their 2007 property tax assessment to the Property Assessment
Appeal Board in Des Moines. Upon motion the documents were received and filed.
RAGBRAI: Communication from T.J. Juskiewicz, RAGBRAI Director, advising that the
alternate vehicle route for RAGBRAI will be through Dubuque. Upon motion the documents
were received and filed.
City of Kissimmee, Florida, Communication from the Mayor and City Council of Kissimmee,
Florida, congratulating the City of Dubuque on being named a 2007 All-America City by the
National Civic League. Upon motion the documents were received and filed.
Citizen Communication: Communication from Greg and Dawn Swift requesting that the City
rectify an omission to the description of their property at 919 Kirkwood Street. Upon motion the
documents were received and filed, and referred to the City Manager.
PEG Access: City Manager recommending approval of two requests for funding from the
Capital Grant for Access Equipment and Facilities. Upon motion the documents were received
and filed and approved.
Cooper Management Company Liquor License Subpoenas: Assistant City Attorney
recommending that City Clerk Jeanne Schneider be authorized to sign subpoenas on behalf of
the City Council and to issue subpoenas for the Cooper Management Company liquor license
suspension hearing scheduled for July 18, 2007. Motion by Cline to place on table. Seconded
by Michalski. Motion carried 7-0.
Legislative Correspondence: Communication to Senator Charles Grassley in opposition to
the fee increase for general aviation. Upon motion the documents were received and filed.
Water Meter Reading Services Consultant: City Manager recommending approval of the
selection of HDR Engineering, Inc. to provide a recommendation for review of options relative
to water meter reading in an amount not to exceed $31,810. Upon motion the documents were
received and filed and approved.
2007 Safe Roads to School Grant: Communication to Mayor Rick Anderson in support of the
City of Asbury’s 2007 Safe Roads to School Grant application. Upon motion the documents
were received and filed.
Stormwater Detention Basin Update: City Manager submitting updated information about
the City’s Detention Basin Maintenance Program. Upon motion the documents were received
and filed.
Liquor License Transfers: Request of the Rotary Club to transfer their liquor license to the
Alliant Amphitheater on July 28, 2007 and August 25, 2007. Upon motion the documents were
received and filed and approved.
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Business License Refund: Request of WCB Hotels, Inc., 3100 Dodge Street, for a refund of
their Class B Liquor License in the amount of $633.75. Upon motion the documents were
received and filed and approved.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion the documents were received and filed and Resolution No. 388-07
Granting the issuance of a Class “C” Beer/Liquor License to Airport Inn, Walnut Tap, Tri State
Golf Center, Knickers Saloon (Three One-Day Outdoor Sale – July 21, August 25, and October
13, 2007); Special Class “C” Beer/Liquor License (Five Day Special Event) to Dubuque Area
Labor Management; and a Class “B” Wine Permit to Basket Expressions, and Resolution No.
389-07 Granting the issuance of one renewal permit to sell cigarettes and cigarette papers in
the City of Dubuque were adopted.
RESOLUTION NO. 388-07
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
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Ethel K. Schwartz Airport Inn+(Sunday Sale) 574 E. 16 St
Craig Weiner Walnut Tap+(Sunday Sale) 709 University Av
Teresa & Hairy, Inc Tri State Golf Center+(Sunday/Outdoor 1095 Cedar
Sale) Cross
Curt Gerhard Knickers Saloon (1 day Outdoor Sale-7-21-2186 Central
07)
Curt Gerhard Knickers Saloon (1 day Outdoor Sale-8-25-2186 Central
07)
Curt Gerhard Knickers Saloon (1 day Outdoor Sale-10-2186 Central
13-07)
CLASS“C” BEER/LIQUOR LICENSE (5-DAY SPECIAL EVENT)
Dbq Area Labor DBQ Area Labor Management Town Clock
Management
CLASS “B” WINE
Mildred M. Dolter Basket Expressions 474 Bluff St
Passed, approved and adopted this 16th day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 389-07
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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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.
RENEWALS
Bartinis Bartinis on Main 253 Main Street
Passed, approved and adopted this 16th day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Cline to receive and file the documents, set the public hearings as indicated, and
direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried
7-0.
Cancer Survivor Park Lease Agreement: City Manager recommending that a public hearing
be set for August 6, 2007 to consider disposing of interest in real property by lease agreement
with the The Finley Hospital for the Cancer Survivor Park. Upon motion the documents were
received and filed and Resolution No. 390-07 Resolution of Intent to dispose of an interest in
real property by lease with The Finley Hospital was adopted setting a public hearing at a
meeting to commence at 6:30 p.m. on August 6, 2007, in the Public Library Auditorium.
RESOLUTION NO. 390-07
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY
LEASE WITH THE FINLEY HOSPITAL
WHEREAS, the City of Dubuque, Iowa (City) is the owner of Lots 21 and 22 of the Finley
Home Addition in the City of Dubuque, Iowa (the Property);
AND WHEREAS, the Finley Hospital (Finley) desires to lease the Property to operate a park
dedicated to survivors of cancer upon the terms set forth in a Lease now on file in the Office of
the City Clerk at City Hall, Dubuque, Iowa, which Lease provides among other things for a term
of twenty-five years;
AND WHEREAS, the City Council has tentatively determined that it would be in the best
interests of the City to enter into the Lease with Finley.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the Property as
described in the Lease between City and Finley.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the
City’s intent to dispose of the Property, to be held on the 6th day of August, 2007, at 6:30
o’clock p.m. at the Public Library Auditorium, 11th & Locust, Dubuque, Iowa.
Passed, approved and adopted this 16th day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Water Revenue Capital Loan Notes: City Manager recommending that a public hearing be
set for August 6, 2007 to consider approval of the issuance of $1,037,000 Water Revenue
Capital Loan Notes: Upon motion the documents were received and filed and Resolution No.
391-07 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement
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and the issuance of $1,037,000 Water Revenue Capital Loan Notes of Dubuque, Iowa, and
providing for publication of notice thereof setting a public hearing at a meeting to commence at
6:30 p.m. on August 6, 2007, in the Public Library Auditorium.
Council Member Patricia Cline introduced the following Resolution entitled "RESOLUTION
FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND
DISBURSEMENT AGREEMENT AND THE ISSUANCE OF $1,037,000 WATER REVENUE
CAPITAL LOAN NOTES OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF
NOTICE THEREOF", and moved that the same be adopted. Council Member Karla Braig
seconded the motion to adopt. The roll was called and the vote was,
AYES: Braig, Buol, Cline, Connors, Jones, Lynch, Michalski
NAYS: None
Whereupon, the Mayor declared the Resolution duly adopted as follows:
RESOLUTION No. 391-07
RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN
AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF $1,037,000 WATER
REVENUE CAPITAL LOAN NOTES OF DUBUQUE, IOWA, AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa should
provide for the authorization of a Loan and Disbursement Agreement and the issuance of
Water Revenue Capital Loan Notes, in the amount of $1,037,000, as authorized by Sections
384.24A and 384.83, Code of Iowa, as amended, for the purpose of providing funds to pay
costs as hereinafter described; and
WHEREAS, the City has applied for a loan through the Iowa Drinking Water State Revolving
Fund Program pursuant to which the Iowa Finance Authority has agreed to purchase the City's
Notes and has requested that such Notes be issued as a single Note in a denomination equal
to the total amount of the issue as authorized by Chapter 384 of the Code of Iowa; and
WHEREAS, the Loan and Disbursement Agreement and Note shall be payable solely and
only out of the net earnings of the Municipal Water Utility and shall be a first lien on the future
net earnings of the Utility; and shall not be general obligations of the City or payable in any
manner by taxation and the City shall be in no manner liable by reason of the failure of the net
revenues to be sufficient for the payment of the Loan and Disbursement Agreement and Note;
and
WHEREAS, before a Loan and Disbursement Agreement may be authorized and Water
Revenue Capital Loan Notes issued to evidence the obligation of the City thereunder, it is
necessary to comply with the provisions of the Code of Iowa, as amended, and to publish a
notice of the proposal and of the time and place of the meeting at which the Council proposes
to take action for the authorization of the Loan and Disbursement Agreement and Notes and to
receive oral and/or written objections from any resident or property owner of the City to such
action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council meet in the Auditorium, Carnegie-Stout Public Library,
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Dubuque, Iowa, at 6:30 o'clock P.M., on the 6 day of August, 2007, for the purpose of taking
action on the matter of the authorization of a Loan and Disbursement Agreement and the
issuance of $1,037,000 Water Revenue Capital Loan Notes to evidence the obligations of the
City thereunder, the proceeds of which will be used to provide funds to pay the costs of
acquisition, construction, reconstruction, extending, remodeling, improving, repairing and
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equipping all or part of the Municipal Water Utility, including those costs associated with the
restoration of two deteriorating concrete clear well storage reservoirs.
Section 2. That the Clerk is hereby directed to cause at least one publication to be made of
a notice of said meeting, in a legal newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in said City, said publication to
be not less than four clear days nor more than twenty days before the date of said public
meeting on the issuance of the Notes.
Section 3. The notice of the proposed action shall be in substantially the following form:
NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON
THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AND DISBURSEMENT
AGREEMENT AND THE ISSUANCE OF $1,037,000 WATER REVENUE CAPITAL LOAN
NOTES, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE
THEREOF.
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will
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hold a public hearing on the 6 day of August, 2007, at 6:30 o'clock P.M., in the Auditorium,
Carnegie-Stout Public Library, Dubuque, Iowa, at which meeting the Council proposes to take
additional action for the authorization of a Loan and Disbursement Agreement by and between
the City, the Iowa Finance Authority, the Iowa Department of Natural Resources and Wells
Fargo Bank, N.A. and the issuance to the Iowa Finance Authority of $1,037,000 Water
Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and
Disbursement Agreement, in order to provide funds to pay the costs of acquisition,
construction, reconstruction, extending, remodeling, improving, repairing and equipping all or
part of the Municipal Water Utility, including those costs associated with the restoration of two
deteriorating concrete clear well storage reservoirs. The Notes will not constitute general
obligations or be payable in any manner by taxation, but will be payable from and secured by
the net revenues of the Municipal Water Utility.
At the above meeting the Council shall receive oral or written objections from any resident
or property owner of the City, to the above action. After all objections have been received and
considered, the Council will at this meeting or at any adjournment thereof, take additional
action for the authorization of said Loan and Disbursement Agreement and the issuance of
Notes or will abandon the proposal to issue the Notes.
This Notice is given by order of the City Council of Dubuque, Iowa, as provided by Sections
384.24A and 384.83 of the Code of Iowa, as amended.
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Dated this 20 day of July, 2007.
/s/Jeanne F. Schneider, CMC,
City Clerk of Dubuque, Iowa
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Passed and approved this 16 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Eagle Point Water Plant Clear Well Rehabilitation Project: City Manager recommending
initiation of the public bidding process for the Eagle Point Water Plant Clear Well Rehabilitation
Project and that a public hearing on the plans and specifications, form of contract, and
estimated cost be set for August 6, 2007. Upon motion the documents were received and filed
and Resolution No. 392-07 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 Eagle Point Water Plant
Clear Well Rehabilitation Project was adopted setting a public hearing at a meeting to
commence at 6:30 p.m. on August 6, 2007, in the Public Library Auditorium.
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RESOLUTION NO. 392-07
EAGLE POINT WATER PLANT CLEARWELL RESERVOIR REHABILITATION PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA-
TIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVER-
TISEMENT 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 Eagle Point
Water Plant Clear Well Rehabilitation Project, in the estimated amount $1,037,421, are hereby
preliminarily approved and ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 6th day of August, 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 Eagle Point Water Plant Clear Well Rehabilitation 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
before 2:00 p.m. on the 22nd day of August, 2007. Bids shall be opened and read by the City
Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the
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4th day of September, 2007, in the Public Library Auditorium, 360 West 11 Street, Dubuque,
Iowa.
Passed, adopted and approved this 16th day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Five Flags Sidewalk Replacement Project: City Manager recommending initiation of the
public bidding process for the Five Flags Sidewalk Replacement Project and that a public
hearing on the plans and specifications, form of contract, and estimated cost be set for August
6, 2007. Upon motion the documents were received and filed and Resolution No. 393-07
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 Five Flags Sidewalk Replacement Project was
adopted setting a public hearing at a meeting to commence at 6:30 p.m. on August 6, 2007, in
the Public Library Auditorium.
RESOLUTION NO. 393-07
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FIVE FLAGS SIDEWALK AND LIGHTING REPLACEMENT 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 Five Flags
Sidewalk and Lighting Replacement Project, in the estimated amount $197,500, 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 6 day of August, 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 Five Flags Sidewalk and Lighting Replacement 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 31 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 for final action at 6:30 p.m. on the
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6 day of August, 2007, in the Public Library Auditorium, 360 West 11 Street, Dubuque, Iowa.
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Passed, adopted and approved this 16 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Art’s Way / Vessel Systems Development Agreement: City Manager recommending that a
public hearing be set for August 6, 2007 to consider approval of a development agreement with
Art’s Way / Vessel’s, Inc., the sale of 5.97 acres of land in Dubuque Industrial Center West and
the use of Tax Increment Financing for this project. Upon motion the documents were received
and filed and Resolution No. 394-07 Resolution of Intent to dispose of an interest in City of
Dubuque real estate and fixing the date for a hearing on the City Council of the city of
Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue
Obligations and the execution of a Development Agreement relating thereto with Art’s Way
Vessels, Inc., and providing for the publication of notice thereof was adopted setting a public
hearing at a meeting to commence at 6:30 p.m. on August 6, 2007, in the Public Library
Auditorium.
RESOLUTION NO. 394-07
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
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DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX
INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT
AGREEMENT RELATING THERETO WITH ART’S-WAY VESSELS, INC., AND PROVIDING
FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the
Property);
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Lot 1 of 2 of Dubuque Industrial Center West 7 Addition in the City of Dubuque, Iowa:
and
Whereas, City and Art’s-Way Vessels, Inc. have entered into a Development Agreement,
subject to the approval of the City Council, a copy of which is now on file at the Office of the City
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Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa, pursuant to which City will convey the
Property to Art’s-Way Vessels, Inc. as shown on Exhibit A attached hereto; and
Whereas, the City Council has tentatively determined that it would be in the best interests of
the City to approve the Development Agreement, including the conveyance of the Property to
Art’s-Way Vessels, Inc.; and
Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal
Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to
enter into the Development Agreement relating thereto for the purpose of carrying out an
Urban Renewal Plan as hereinafter described; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of the
meeting at which the City Council proposes to take action thereon and at which meeting the
City Council shall receive oral and/or written objections from any resident or property owner of
said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described
Property by Deed to Art’s-Way Vessels, Inc.
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 Property, to be held on the 6 day of August, 2007, at
6:30 o'clock p.m. in the Auditorium of the Carnegie-Stout Public Library in Dubuque, Iowa, 11th
& Locust, Dubuque, Iowa.
Section 3. The City Council will also meet at said time and place for the purpose of taking
action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the
execution of the Development Agreement relating thereto with Art’s-Way Vessels, Inc., the
proceeds of which obligations will be used to carry out certain of the special financing activities
described in the Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District, consisting of the funding of economic developments grants to Art’s-Way
Vessels, Inc. pursuant to the Development Agreement under the terms and conditions of said
Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue
obligations of approximately $300,000.
Section 4. The Clerk is hereby directed to cause at least one publication to be made of a
notice of said meeting, in a newspaper, printed wholly in the English language, published at
least once weekly, and having general circulation in said City, said publication to be not less
than four days nor more than twenty days before the date of said meeting on the issuance of
said obligations.
Section 5.That the notice of the proposed action to issue said obligations shall be in
substantially the form attached hereto.
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Passed, approved and adopted this 16 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions:
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175 Anniversary Celebration Coordinating Committee:
Fifteen Member Ad Hoc Committee, Temporary Terms. One High School Student
requirement. Applicants: Stephanie Tranmer, Shelby Duggan, Christin Meyer. Applicants
Tranmer, Duggan, and Meyer all spoke in favor of their appointment. Motion by Michalski to
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appoint all three applicants to the 175 Anniversary Celebration Coordinating Committee.
Seconded by Cline. Motion passed 7-0.
Historic Preservation Commission: (Two 3-year expired terms through July 1, 2010 – terms
of Stuart and Whalen). Applicants for Jackson Park District; Dave Stuart, Robert McDonell.
Upon vote, Robert McDonnell was appointed to a 3-year expired term through July 1, 2010.
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Applicant for 11 Street District: John Whalen. Motion by Michalski to appoint John Wahlen
to a 3-year expired term through July 1, 2010. Seconded by Connors. Motion carried 7-0.
Investment Oversight Advisory Commission: (Two 3-year expired terms through July 1,
2010 – terms of Ruden and Reisdorf). Applicants: Stephen Reisdorf, Gary Ruden. Motion by
Connors to appoint Gary Ruden and Stephen Reisdorf to 3-year expired terms through July 1,
2010. Seconded by Jones. Motion carried 7-0.
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. Motion by Michalski to appoint Dr. Charles Winterwood and James Prochaska to
3-year expired terms through July 1, 2010. Seconded by Connors. Motion carried 7-0.
TV Cable Teleprogramming Commission: (One 3-year expired term through June 30, 2010
– term of Everist). Applicant: Burton Everist. Motion by Connors to appoint Burton Everist to a
3-year term expiring June 30, 2010. Seconded by Lynch. Motion carried 7-0.
Zoning Advisory Commission: (Two 3-year expired terms through July 1, 2010 – terms of
Bird and Stiles). Applicants: Eugene Bird, Jeff Stiles. Motion by Michalski to appoint Eugene
Bird and Jeff Stiles to 3-year terms expiring July 1, 2010. Seconded by Lynch. Motion carried
7-0.
PUBLIC HEARINGS
SUSPEND THE RULES
Upon motion the rules were suspended allowing anyone to address the City Council.
Sewer Cured-in-Place Pipe (CIPP) Lining Project: Proof of publication on notice of hearing
on the plans and specifications, form of contract, and estimated cost for the Sewer Cured-in-
Place Pipe (CIPP) Lining Project and City Manager recommending approval. Motion by Jones
to receive and file, and adopt Resolution No. 395-07 Approving plans and specifications, form
of contract, and estimated cost for the CIPP Lining Project. Seconded by Connors. Motion
carried 7-0.
RESOLUTION NO. 395-07
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APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE 2007 SEWER CIPP LINING PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the 2007
Sewer CIPP Lining Project, in the estimated amount $206,781.96, are hereby approved.
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Passed, adopted and approved this 16 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque Community Ice and Recreational Center: Proof of publication on notice of hearing
to consider approval of a lease agreement with Dubuque Community Ice and Recreational
Center for a section of the McAleece Park and Recreation Complex and City Manager
recommending approval. Motion by Jones to receive and file the documents and adopt
Resolution No. 396-07 Disposing of an interest in real property by lease agreement with
Dubuque Community Ice and Recreational Center. Seconded by Connors. John Ervolino, 928
Spires Drive, said that he has taken over project fundraising and that they will meet their
financial goal. Michalski said that a traffic plan is vital to this project and asked that the
organization apprise the City Council of its financial requirements. Jones said it is a good-
looking, viable project with a good business plan. Motion carried 7-0.
RESOLUTION NO. 396-07
DISPOSING 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
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 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, on July 16, 2007, the City Council pursuant to notice published as required by law
held a public hearing on its intent to dispose of the foregoing interest in the Property and
overruled all objections thereto; and
WHEREAS, the City Council finds that it is in the best interest of the City to approve the
disposition of such interest in the 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 approves the disposition of the City’s
interest in the foregoing-described Property by lease to Dubuque Community Ice & Recreational
Center.
Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Lease
Agreement.
Passed, approved and adopted this 16th day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Iowa 32 (Southwest Arterial) Corridor – Text Amendment: Proof of publication on notice of
21
hearing to consider a request from the City of Dubuque to amend Sections 4-4.2(A) Application
Scope (Site Plans) and 6-1.5 of the Zoning Ordinance and Section 42-16 of the Subdivision
Regulations to allow City Council approval of requests for site plan and rezoning within the
Iowa 32 (Southwest Arterial) Corridor. Motion by Michalski to receive and file the documents
and that the requirement that a proposed ordinance be considered and voted on for passage
at two Council meetings prior to the meeting at which it is to be passed be suspended.
Seconded by Connors. Motion carried 7-0. Motion by Michalski for final consideration and
adoption of Ordinance No. 37-07 Amending City of Dubuque Code of Ordinances Appendix A
(the Zoning Ordinance) Section 4-4.2(A) Moratorium for Site Plans in Iowa 32 (Southwest
Arterial) Corridor and amending Section 6-1.5.5 A Moratorium for Rezoning Applications in the
Iowa 32 (Southwest Arterial) Corridor; and Ordinance No. 38-07 Amending City of Dubuque
Code of Ordinances Chapter 42 (Subdivision Regulations) Section 42-16 Iowa 32 (Southwest
Arterial) Corridor review be adopted. Seconded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 37-07
AN ORDINANCE AMENDING CITY OF DUBUQUE CODE OF ORDINANCES APPENDIX A
(THE ZONING ORDINANCE) SECTION 4-4.2(A) MORATORIUM FOR SITE PLANS IN THE
IOWA 32 (SOUTHWEST ARTERIAL) CORRIDOR AND AMENDING SECTION 6-1.5.5 A
MORATORIUM FOR 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. City of Dubuque Code of Ordinances Section 4-4.2 is amended to readas
follows:
Section 4-4.2. Application and Scope.
(A) Moratorium for Site Plans in the Iowa 32 (Southwest Arterial) Corridor.
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 shown on drawings on file in the City Clerk’s Office, 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.
Notwithstanding the foregoing, the City Council may approve a proposed site plan
upon a determination that the proposed site plan will not negatively impact the
acquisition of right-of-way along the preferred alignment of the Iowa 32 (Southwest
Arterial) Corridor. The City Council shall also consider any recommendation from the
Southwest Arterial Technical Committee regarding potential negative impacts, if any,
that would result from approval of the proposed site plan and the subsequent
development of the parcel(s).
Section 2. City of Dubuque Code of Ordinances Section 6-1.5.5 is amended to read as
follows:
Section 6-1.5.5 Moratorium for rezonings in the Southwest Arterial Corridor.
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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 shownon drawings on file in the City Clerk’s
Office, 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.
Notwithstanding the foregoing, the City Council may approve a requested rezoning
upon a determination that the proposed rezoning will not negatively impact the
acquisition of right-of-way along the preferred alignment of the Iowa 32 (Southwest
Arterial) Corridor. The City Council shall also consider any recommendation from the
Southwest Arterial Technical Committee regarding potential negative impacts, if any,
that would result from approval of the requested rezoning and the subsequent
development of the parcel(s).
Section 3. This Ordinance shall take effect upon publication, as provided by law.
th
Passed, approved and adopted this 16 day of July, 2007 .
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
rd
Published officially in the Telegraph Herald Newspaper the 23 day of July, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 7/23
OFFICIAL PUBLICATION
ORDINANCE NO. 38-07
AN ORDINANCE AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 42
SUBDIVISION REGULATIONS SECTION 42-16, IOWA 32 (SOUTHWEST ARTERIAL)
CORRIDOR REVIEW.
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. City of Dubuque Code of OrdinancesSection 42-16 is amended to read as
follows:
Section 42-16. Iowa 32 (Southwest Arterial) Corridor Review:
A proposed plat that divides any parcel within the Iowa 32 (Southwest Arterial)
Corridor into two or more lots, and any preliminary plat within the Iowa 32 (Southwest
.
Arterial) Corridor shall be submitted to the City Council for review
No plat for any subdivision or resubdivision of property in the Iowa 32 (Southwest
Arterial) Corridor, as shown on drawings on file in the City Clerk’s Office , shall be
approved by the City Council 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.
Notwithstanding the foregoing, the City Council may approve a proposed plat or
preliminary plat upon a determination that the proposed subdivision will not negatively
impact the acquisition of right-of-way along the preferred alignment of the Iowa 32
(Southwest Arterial) Corridor. The applicant shall provide the City Council with a plat
prepared by a licensed engineer or land surveyor that accurately depicts the parcel(s) to
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be subdivided and the location of the Iowa 32 (Southwest Arterial) Corridor boundaries.
The City Council shall also consider any recommendation from the Southwest Arterial
Technical Committee regarding potential negative impacts, if any, that would result from
approval of the proposed plat or preliminary plat and the subsequent development of
the parcel(s).
Section 2. This Ordinance shall take effect upon publication, as provided by law.
th
Passed, approved and adopted this 16 day of July, 2007 .
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
rd
Published officially in the Telegraph Herald Newspaper the 23 day of July, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 7/23
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Lake Ridge Drive – Final Plat: Zoning Advisory Commission recommending approval of the
final plat of Lots 1 through 5 of Cedar Lake Building Group First Addition, as requested by Ben
White. Motion by Connors to receive and file the documents and adopt Resolution No. 397-07
Approving the final plat of Lots 1 through 5 of Cedar Lake Building Group First Addition.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 397-07
A RESOLUTION APPROVING THE FINAL PLAT LOTS 1 THRU 5 OF CEDAR LAKE
BUILDING GROUP FIRST ADDITION
Whereas, there has been filed with the City Clerk a Final Plat of Lots 1 thru 5 of Cedar Lake
Building Group First Addition in the City of Dubuque, Iowa; and
Whereas, said Final Plat provides Lot 1 and Lot 3 with 0 feet of lot frontage, where 50 feet
is required and Lot 1 provides 517 square feet of lot area where 5,000 square feet is required
by Section 42-19(b) of the Subdivision Regulations; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had
its approval endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 and
Lot 3 have 0 feet of frontage, where 50 feet is required, and Lot 1 to have 517 square feet of
lot area where 5,000 square feet is required.
Section 2. That the Final Plat Lots 1 Thru 5 of Cedar Lake Building Group First Addition 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.
th
Passed, approved and adopted this 16 day of July 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Julien Care Place – Final Plat: Zoning Advisory Commission recommending approval of the
24
final plat of Julien Care Place located on Seippel Road, south of Julien Care Facility, subject to
the proposed roadway being named Humke Road or Humke Court. Motion by Lynch to receive
and file the documents and adopt Resolution No. 398-07 Approving the final plat of Julien Care
Place in Dubuque County, Iowa. Seconded by Connors. Jones said that the County has
requested naming the roadway “Public Safety Way.” He asked for removal of the condition
naming it Humke Road or Humke Court citing higher citizen recognition with public safety.
Lynch concurred amending his motion to name the street “Public Safety Way.” Seconded by
Connors. Motion carried 7-0.
RESOLUTION NO. 398-07
RESOLUTION APPROVING THE FINAL PLAT OF JULIEN CARE PLACE IN DUBUQUE
COUNTY, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Julien Care Place; and
Whereas, the Final Plat has been examined by the Zoning Advisory Commission and has its
approval endorsed thereon, and
Whereas, said Final Plat has been examined by the City Council and they find that it conforms
to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Final Plat of Julien Care Place is hereby approved and the Mayor and City
Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa,
upon said final plat, provided the owners of said property herein named, execute their written
acceptance hereto attached agreeing:
a) A public street (Public Safety Way) be constructed to a 37-foot width and 60-foot right-of-
way in accordance with the approved improvement plans.
Section 2.That in the event Dubuque County fails to execute the acceptance within 180 days
after the date of this Resolution, the provisions hereof shall be null and void and the approval of the
plat shall not be effective.
th
Passed, approved and adopted this 16 day of July 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Arensdorf Acres – Final Plat: Zoning Advisory Commission recommending approval of the
final plat of Arensdorf Acres located on Old Davenport Road in Dubuque County, as requested
by William Burger. Motion by Cline to receive and file the documents and adopt Resolution No.
399-07 Approving the final plat of Arensdorf Acres. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 399-07
APPROVING THE FINAL PLAT OF ARENSDORF ACRES.
Whereas, there has been filed with the City Clerk a Final Plat of Arensdorf Acres in the City
of Dubuque, Iowa; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had
its approval endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby waives Article IV, Design and Improvement
Standards of the Subdivision Regulations, except Section 42-19, Blocks and Lots.
Section 2. 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 of lot frontage is required.
25
Section 3. That the Final Plat of Arensdorf Acres 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.
th
Passed, approved and adopted this 16 day of July, 2007
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Swiss Valley Farms – Sidewalk Installation Waiver Request: City Manager recommending
approval of a request from Swiss Valley Milk Bottling plant at 3510 Central Avenue for a waiver
for the construction of sidewalks along its Jackson Street frontage. Motion by Cline to receive
and file the documents and adopt Resolution No. 400-07 Waiving the sidewalk requirement for
Swiss Valley Farms at 3510 Central Avenue. Seconded by Connors. Connors said there was a
good reason for the recommendation. Motion carried 7-0.
RESOLUTION NO. 400-07
RESOLUTION WAIVING THE SIDEWALK REQUIREMENT FOR SWISS VALLEY FARMS
AT 3510 CENTRAL AVENUE
Whereas, sidewalks are required by City Code Section 41-100 on any public street that has
curb and gutter; and
Whereas, a waiver of the requirements of Section 41-100 can only be granted by the City
Council; and
Whereas, Swiss Valley Farms, 3510 Central Avenue, has requested a waiver for the
construction of sidewalk along Jackson Street abutting its property in conjunction with site plan
approval; and
Whereas, Swiss Valley Farms will construct a sidewalk on its property to accommodate their
employees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the requirement to construct sidewalk along Jackson Street at 3510 Central
Avenue, be and the same is hereby waived until such time that the City Council determines a
sidewalk to be necessary.
th
Passed, approved and adopted this 16 day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RB Restaurant Management & Consulting (Bricktown Brewery) Liquor License: City
Manager recommending that the liquor license application of RB Restaurant Management and
Consulting be approved as a six-month license contingent on meeting the Building Code
requirements. Motion by Cline to receive and file the documents and adopt Resolution No.
401-07 Granting the issuance of a Special Class “C” (BW) Liquor License and a Class “B”
Wine Permit to RB Restaurant Management (Bricktown Brewery) for six (6) months. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 401-07
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.
26
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.
SPECIAL CLASS “C” (BW) LIQUOR LICENSE
RB Restaurant Management Bricktown Brewery+(Sunday/Outdoor Sale) 299 Main Street
CLASS “B” WINE PERMIT
RB Restaurant Management Bricktown Brewery 299 Main Street
Passed, approved and adopted this 16th day of July, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cooper Management, LLC (Bricktown) Hearing: Communication from Tom Bitter,
representing Cooper Management, LLC, requesting the liquor license suspension hearing be
rescheduled to later date. Motion by Cline to receive and file the documents and cancel the
related hearing set for July 18, 2007. Seconded by Connors. Motion carried 7-0.
Motion by Cline to remove from the table Consent Item (#32) Cooper Management
Company Liquor License Subpoenas, which granted the City Clerk authority to sign subpoenas
on behalf of the City Council. Seconded by Connors. Motion carried 7-0.
Motion by Cline to receive and file the documents of Consent Item (#32) Cooper
Management Company Liquor License Subpoenas. Seconded by Connors. Motion carried 7-0.
CartêGraph Systems, Inc.: City Manager recommending that the City close out the
development agreement with CartêGraph Systems, Inc. and determine that no penalties are
due the City under the agreement. Motion by Michalski to receive and file the documents and
approve. Seconded by Connors. Lynch said he certainly supports this recommendation and
believes CartêGraph has done a good job. Motion carried 7-0.
Modification of Ordinance 32-321.276: City Manager recommending approval of an
amendment to Ordinance 32-321.276 to change the reference to “disabilities” from the current
reference to “handicapped” and other updates as noted. Motion by Michalski to receive and file
the documents and that the requirement that a proposed ordinance be considered and voted
on for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Connors. Motion carried 7-0. Motion by Michalski for final
consideration and adoption of Ordinance No. 39-07 Amending Section 32-321.276 of the City
of Dubuque Code of Ordinances Use of Certain Nonmotorized Vehicles, Conveyances and
Equipment in Municipal Parking Garages or Lots and in Certain Other Places in the City.
Seconded by Connors. Motion carried 7-0.
ORDINANCE NO. 39-07
AMENDING SECTION 32-321.276 OF THE CITY OF DUBUQUE CODE OF ORDINANCES
USE OF CERTAIN NONMOTORIZED VEHICLES, CONVEYANCES AND EQUIPMENT IN
MUNICIPAL PARKING GARAGES OR LOTS AND IN CERTAIN OTHER PLACES IN THE
CITY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
27
Section 1. City of Dubuque Code of Ordinances Section 32-321.276 is hereby amended to
read as follows:
Sec. 32-250. Use of Certain Non-motorized Vehicles, Conveyances And Equipment in
Municipal Parking Garages or Lots And In Certain Other Places In The City.
(a) No person shall be upon and make use of roller skates, skateboards, bicycles, or
other wheeled recreational vehicles, or conveyances within any municipal parking
garage or municipal parking lot. This provision shall not apply to use of a wheelchair or
other similar conveyance when used for transportation by any temporarily or
permanently handicapped person, or to a wagon being pulled by a pedestrian at a
walking speed.
(b) No person shall use roller skates, skateboards, wagons, or other wheeled or non-
motorized recreational vehicles, with the exception of bicycles, upon the roadway
portion of any right of way, except that a person may use any of the above-proscribed
conveyances in any marked or unmarked crosswalk.Any person using any of the above-
proscribed conveyances in crossing a roadway at a place other than a marked or
unmarked crosswalk shall be subject to the requirements set forth in section 32-243 of
this article.
(c) The City Manager is hereby authorized to designate and post signs in areas
where skateboarding, skating and riding bicycles and scooters is prohibited. No person
shall skateboard, skate or ride a bicycle or a scooter in any such area.
(d) The provisions of this section shall not apply to the above proscribed
conveyances when used in any parade, exhibition, or gathering of persons which has
been authorized by permit from the city manager.
(e) The scheduled fine for a violation of this section shall be twenty-five dollars
($25.00).
Section 2. This ordinance shall take effect upon publication.
th
Passed, approved and adopted this 16 day of July, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
rd
Published officially in the Telegraph Herald Newspaper the 23 day of July, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 7/23
2006 International Mechanical (Heating, Air Conditioning and Ventilating) Code: City
Manager recommending adoption of the 2006 International Mechanical Code (IMC) published
by the International Code Council (ICC). 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 passed be suspended.
Seconded by Braig. Motion carried 7-0. Motion by Jones for final consideration and adoption of
Ordinance No. 40-07 Providing that the Code of Ordinances, City of Dubuque, Iowa be
amended by repealing Section 24-1 thereof and enacting a new Section 24-1 thereof
pertaining to revising and reenacting a Mechanical Code for the City of Dubuque, Iowa and
providing for the issuance of permits and collection of fees therefore. Seconded by Braig.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 40-07
AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REPEALING SECTION 24-1
THEREOF AND ENACTING A NEW SECTION 24-1 THEREOF PERTAINING TO REVISING
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AND REENACTING A MECHANICAL CODE FOR THE CITY OF DUBUQUE, IOWA AND
PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 24-1 of the Code of Ordinances of the City of Dubuque, Iowa be
amended by repealing Section 24-1 and enacting a new Section 24-1 in lieu thereof:
Section 24-1 Except as hereinafter added to, deleted, modified or amended, there is
hereby adopted by reference as the mechanical code of the City that certain mechanical
code known as the “International Mechanical Code”, 2006 Edition, including Appendix A
as prepared and edited by the International Code Council (ICC), and the provisions of
such mechanical code shall be controlling for the installation, maintenance and use of
heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous
heat-producing appliances within the corporate limits of the City and shall be known as
the “Dubuque Mechanical Code”. A copy of the International Mechanical Code, 2006
Edition, as adopted, shall be on file in the office of the City Clerk for public inspection.
Section 2. When Effective. This Ordinance shall take effect immediately upon publication
as provided by law.
th
Passed, approved and adopted this 16 day of July, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
rd
Published officially in the Telegraph Herald Newspaper the 23 day of July, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 7/23
2006 International Plumbing Code: City Manager recommending adoption of the 2006
International Plumbing Code (IPC) published by the International Code Council (ICC). Motion
by Connors to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Michalski. Motion carried 7-0.
Motion by Connors for final consideration and adoption of Ordinance No. 41-07 Providing that
the Code of Ordinances, City of Dubuque, Iowa be amended by repealing Section 37-1 thereof
and enacting a new Section 37-1 thereof pertaining to revising and reenacting a Plumbing
Code for the City of Dubuque, Iowa and providing for the issuance of permits and collection of
fees therefore. Seconded by Michalski. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 41-07
AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REPEALING SECTION 37-1
THEREOF AND ENACTING A NEW SECTION 37-1 THEREOF PERTAINING TO REVISING
AND REENACTING A PLUMBING CODE FOR THE CITY OF DUBUQUE, IOWA AND
PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 37-1 of the Code of Ordinances of the City of Dubuque, Iowa be
amended by repealing Section 37-1 and enacting a new Section 37-1 in lieu thereof:
Section 37-1. Except as hereinafter added to, deleted, modified or amended,
there is hereby adopted by reference as the plumbing code of the City that certain
29
plumbing code known as the “International Plumbing Code”, 2006 Edition published by
the International Code Council and the provisions of such plumbing code shall be
controlling for the installation, alteration, repair, relocation, replacement, addition to and
use or maintenance of plumbing equipment and systems in all matters covered by such
plumbing code within the corporate limits of the City and shall be known as the
“Dubuque Plumbing Code”. A copy of the International Plumbing Code, 2006 Edition, as
adopted, shall be on file in the office of the City Clerk for public inspection.
Section 2. That Section 37-2 of the Code of Ordinances of the City of Dubuque, Iowa be
amended by amending the current Section 37-2 as follows:
Section 30.8. Licensing, Examination and Registration of Plumbers Required is
hereby amended by adding the following to Section 30.8(j) as follows: Section 30.8
(new last paragraph)—Master and Journeymen plumbers holding licenses in
jurisdictions with similar licensing requirements as the City of Dubuque and whose
Plumbing Board or Authority Having Jurisdiction has expressed, in writing, that they will
accept City of Dubuque licenses as proof of qualification for a license in their
jurisdiction, will not be subject to testing or interview by the City of Dubuque Plumbing
Board.
Section 202 of the 2006 International Plumbing Code is hereby amended by
adding the definition of Approved Qualified Welder: Section 202—Approved Qualified
Welder- A person who specializes in welding of pipes and holds a valid certificate of
competency from a recognized testing laboratory, based on the requirements of the
A.S.M.E. Boiler and Pressure Vessels Code, Section IX or as approved by the
administrative authority’s testing procedures.
Section 603 of the International Plumbing Code is hereby amended by deleting
Section 603.1 and adding the following: Section 603.1 Size of water service pipe. The
water service pipe shall be sized to supply water to the structure in the quantities and at
the pressures required in this code. The minimum diameter of water service pipe shall
be one inch (1”). Exception: Existing 5/8” lead water services shall be sized to ¾”
copper upon replacement.
Section 3. When Effective. This Ordinance shall take effect immediately upon publication as
provided by law.
th
Passed, approved and adopted this 16 day of July, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
rd
Published officially in the Telegraph Herald Newspaper the 23 day of July, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 7/23
2006 International Residential Code: City Manager recommending adoption of the 2006
International Residential Code (IRC) published by the International Code Council (ICC) and the
adoption of four amendments recommended by the Building Code Board of Appeals. Motion by
Michalski to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 7-0.
Motion by Michalski for final consideration and adoption of Ordinance No. 42-07 Amending the
Code of Ordinances, City of Dubuque, Iowa by adding and enacting new Sections 11-5 and 11-
6 adopting the 2006 International Residential Code for the City of Dubuque, Iowa and
providing for the issuance of permits and collection of fees therefore. Seconded by Connors.
Buol questioned if Council could change the grandfathering clause. Braig suggested this be
30
brought back after further consideration. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 42-07
AN ORDINANCE AMENDINGTHE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA
BY ADDING AND ENACTING NEW SECTIONS 11-5 AND 11-6 THEREOF ADOPTING THE
2006 INTERNATIONAL RESIDENTIAL CODE FOR THE CITY OF DUBUQUE, IOWA AND
PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Sections 11-5 and 11-6 of the Code of Ordinances of the City of Dubuque,
Iowa be amended by enacting new Sections 11-5 and 11-6 as follows:
Sec. 11-5. International Residential Code - Adopted.
Except as hereinafter added to, deleted, modified or amended, there is hereby adopted
by reference as the building code of the city that certain building code known as the
International Residential Code, 2006 Edition and as published by the International Code
Council, Inc., and the provisions of such building code shall be controlling in the
construction of one and two family residential buildings and in all matters covered by such
building code within the corporate limits of the city and shall be known as the "Dubuque
Residential Building Code." A copy of the International Residential Code, 2006 Edition, as
adopted, shall be on file in the office of the city clerk for public inspection.
Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amended by enacting
Section 11-6 as follows:
Section 11-6. The code adopted by Section 11-5 of this chapter is hereby amended as
follows: Section R103 Department of Building Safety. Section R103 "Department of Building
Safety" is hereby amended by repealing such section and replacing such section with a new
section in lieu thereof as follows: Sec. R103.1. Creation of enforcement agency.
There is hereby established in the city the building services department, which shall be under
the jurisdiction of the building official.
Sec. R105.5 Permits, Expiration. Section 105.5 “Expiration” is hereby amended by
repealing such section and replacing such section with a new section in lieu thereof as follows:
Sec. 105.5 Expiration.
Every permit issued shall become invalid unless the work on the site authorized by such
permit is completed within one year after its issuance. The building official is authorized to
grant, in writing, one or more extensions of time, for periods not to exceed 180 days. The
extensions shall be requested in writing and justifiable cause demonstrated.
Section R112 Board of Appeals. Section R112 "Board of Appeals" is hereby amended
by repealing such section and replacing such section with a new section in lieu thereof as
follows:
Section R112. Building Code and Advisory Appeals Board.
(a) Board Established. In order to determine the suitability of alternative building
materials and methods of building construction, to provide for reasonable interpretation of the
provisions of the building code, and to advise the city council on all building construction
regulations and procedures, there is hereby created the building code advisory and appeals
board.
(b) Membership. The building code advisory and appeals board shall consist of five (5)
members appointed by the city council. One (1) member shall be an architect or engineer
registered in the State of Iowa, one (1) member shall be a general building construction
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contractor, one (1) member shall be a journeyman carpenter, and two (2) members shall be
from the public at large.
(c) Term of Office. The term of office of all board members shall be for three (3) years,
except that initial appointments of one (1) member shall be for a term of one (1) year, two (2)
members for two-year terms and two (2) members for three-year terms.
(d) Rules and Regulations. The board shall make such rules and prescribe such
procedures as may be reasonably necessary for its operation, except that such rules shall
include the following:
(1) Board Chairperson. The chairperson of the board shall be a member of
the board elected annually by a majority of the board.
(2) Secretary of the board. The building official, or designee, shall be
secretary of the board. The secretary shall arrange for meetings and prepare
and keep such minutes and records and perform such other clerical work as the
board may direct.
(3) Quorum. Three (3) members shall constitute a quorum. The concurring
vote of three (3) members of the board shall be necessary to pass any motion.
(4) Service until appointment of successor. Upon completion of the term of
office, members of the building code board shall continue to serve in their full
capacity until their successor has been duly appointed.
(5) Meetings. The building code board shall meet upon call of the
chairperson, secretary or city manager. Members of the building code board
shall attend at least two-thirds of all scheduled meetings within a twelve-month
period. If any member does not attend such prescribed number of meetings, it
shall constitute grounds for the board to recommend to the city council that said
member be replaced.
(6) Attendance. The secretary shall enter the attendance of all members on
the minutes.
(7) Conformity with open meetings law. All meetings shall be held in
conformance with provisions of the Iowa Open Meetings Law.
(8) Minutes. The building code board shall file with the city council a copy of
the minutes of each meeting of the board within ten (10) working days after such
meeting.
(9) Administrative policies. All administrative, personnel, accounting,
budgetary, and procedural policies of the city shall govern the building code
board in all of its operations.
(10) Duties when serving as an appeals board. Any person who is aggrieved
by a decision of the building official on any requirements resulting from the
enforcement of the building code, may appeal from such decision to the building
code board and said board shall serve as an appeal board. In case the
aggrieved party is a member of said board, said member shall be disqualified as
a member of the board acting as an appeal board, until the person aggrieved has
been heard and a decision rendered.
The appeal shall be made by the person aggrieved, giving written
notice of such appeal to the building official within seven (7) days of receipt of
decision from which the appeal is taken. The building code board sitting as an
appeal board shall meet within ten (10) working days after receiving such notice
and render a decision within five (5) working days thereafter. Any interested
party, including the building official, shall have the right to present their case to
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the appeal board, whose decision shall be final unless appealed to the district
court as provided by law.
The board of appeals may reverse or modify a decision of the
building official only on finding that:
a. The building official had incorrectly interpreted the provision
of this code;
b. The decision of the building official creates an unnecessary
hardship upon the appellant.
The board of appeals shall require that sufficient evidence or proof
be submitted to substantiate any claims made regarding the use of alternates.
All appeal hearings shall be conducted in accordance with the
procedures specified in this code.
(e) Limitations of Authority. The Board of Appeals shall have no authority relative to
interpretation of the administrative provisions of this code nor shall the Board be empowered to
waive requirements of this code.
In so modifying or reversing such decision of the building official, the board of appeals
may authorize any alternate to the decision of the building official and the provisions, provided
it finds the proposed material or method of construction is satisfactory for the use intended and
complies with the provisions of this code, and that the material, method or work offered is, for
the purpose intended, at least equivalent to that prescribed by this code in suitability, strength,
effectiveness, durability, fire resistance and safety.
Section R113 Violations. Section R113, "Violations" is hereby amended by repealing
such section and replacing such section with a new section in lieu thereof as follows:
Section R113 Violations
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter,
repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any
building or structure or cause or permit the same to be done in violation of this code.
The doing of any act, or the omission of any act, declared to be unlawful by this code, or
any code or ordinance herein adopted by reference shall be deemed a separate offense for
each and every day or portion thereof during which any such unlawful act is committed,
continued or permitted and upon conviction shall be punishable as provided in Chapter l of the
Code of Ordinances. The penalty herein provided shall be cumulative with and in addition to
the revocation, cancellation or forfeiture of any license or permit elsewhere in this code
provided for violation thereof.
Sec. R310. Section R310, “Emergency Escape and Rescue Openings” is hereby
amended as follows:
Sec. R310 Emergency Escape and Rescue Openings
Section 310.1 Emergency escape and rescue required.
Add exceptions to Section 310.1:
EXCEPTIONS:
1. Basements without bedrooms that provide a second stairway that terminates
in a room separate from the first stairway.
2. The finished sill height may exceed 44 inches (1118 mm) above the floor if
approved by the building official and the following conditions are met:
The exterior finish grade is more than 36 inches (914 mm) above the
interior floor level of the room, OR altering the exterior configuration of the
building would adversely affect the historical significance of the building.
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A platform capable of supporting a live load of 300 pounds shall be
permanently affixed at the interior of the window. This platform shall be no lower
than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm)
above the floor. The distance from the platform to the finished sill height shall not
exceed 36 inches (914 mm). The platform shall extend outward from the wall a
minimum of 24 inches (610 mm) and shall be at least as wide as the clear
openable width of the window.
The escape or rescue window shall have a minimum clear openable area
of 9 square feet (0.84 m2), with a minimum dimension of 36 inches (914 mm).
The building is equipped with smoke detectors installed in accordance
with Section R313.
Sec.R311.5.6.2. Section R311.5.6.2 , “Handrails” is hereby amended by adding
exception #3 as follows:
EXCEPTIONS:
1. Handrails shall be permitted to be interrupted by a newel post at a turn.
2. The use of a volute, turnout or starting easing shall be allowed over the lowest
tread.
3. Top rails may be interrupted by walls.
Sec. R404 Foundation Walls. Section R404.1.2, "Concrete Foundation Walls" is hereby
amended by adding an exception as follows:
EXCEPTION:
The following reinforcement requirements may be used as an alternative for 8”
(204 mm) thick concrete foundation walls between 96 (2438 mm) and 120 inches (3048
mm) in height: #4 bars 20 inches (508 mm) on center vertically and #4 bars 24 inches
(610 mm) on center horizontally.
Sec. P2603.6 Freezing. Section P2603.6, "Freezing" is hereby amended by repealing
the last sentence and replacing such sentence with a new sentence in lieu thereof as follows:
Water service pipe shall be installed 6 inches (152 mm) below the frost line.
Sec. P3114 Air Admittance Valves. Section P3114.3, "Where permitted" is hereby
amended by repealing such section and replacing such section with a new section in lieu
thereof as follows:
Individual vents, branch vents, circuit vents and stack vents shall be permitted to
terminate with a connection to an air admittance valve when approved by the building
official or their agent in cases where structural or existing conditions do not allow for the
termination of a vent to the exterior of the structure.
Part VIII Electrical. Part VIII "Electrical" is hereby amended by deleting Chapters 33-42 in their
entirety.
Section 3. This Ordinance shall be in effect after its final passage, approval and publication
as required by law.
Passed, approved and adopted this 16th day of July, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
rd
Published officially in the Telegraph Herald Newspaper the 23 day of July, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 7/23
2006 International Building Code: City Manager recommending adoption of the 2006
International Building Code (IBC) published by the International Code Council (ICC). Motion by
Jones to receive and file the documents and that the requirement that a proposed ordinance
34
be considered and voted on for passage at two Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by Lynch. Motion carried 7-0. Motion by Jones for
final consideration and adoption of Ordinance No. 43-07 Amending the Code of Ordinances,
City of Dubuque, Iowa by repealing Section 11-1 and Section 11-2 and enacting new Section
11-1 and 11-2 in lieu thereof adopting the 2006 International Building Code for the City of
Dubuque, Iowa and providing for the issuance of permits and collection of fees therefore.
Seconded by Lynch. Jones said that he is proud of City staff and the amount of work done by
the Building Department. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 43- 07
AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA
BY REPEALING SECTION 11-1 AND SECTION 11-2 AND ENACTING NEW SECTIONS 11-
1 AND 11-2 IN LIEU THEREOF ADOPTING THE 2006 INTERNATIONAL BUILDING CODE
FOR THE CITY OF DUBUQUE, IOWA AND PROVIDING FOR THE ISSUANCE OF
PERMITS AND COLLECTION OF FEES THEREFORE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-1 of the Code of Ordinances of the City of Dubuque, Iowa be
amended by repealing Section 11-1 and enacting a new Section 11-1 in lieu thereof as follows:
Sec. 11-1. International Building Code - Adopted.
Except as hereinafter added to, deleted, modified or amended, there is hereby adopted
by reference as the building code of the city that certain building code known as the
International Building Code, 2006 Edition and as published by the International Code Council,
Inc., and the provisions of such building code shall be controlling in the construction of
buildings and other structures and in all matters covered by such building code within the
corporate limits of the city and shall be known as the "Dubuque Building Code." A copy of the
International Building Code, 2006 Edition, as adopted, shall be on file in the office of the city
clerk for public inspection.
Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amended by
repealing Section 11-2 and enacting a new section 11-2 in lieu thereof as follows:
Section 11-2. The code adopted by Section 11-1 of this chapter is hereby amended as
follows:
Sec. 101.2 Section 101.2 "Scope" is hereby amended by repealing Sec. 101.2 and
enacting a new Sec. 101.2 to read as follows:
Sec. 101.2 Scope. The provisions of this code shall apply to the construction,
alteration, moving, demolition, repair, maintenance and use of any building or structure within
this jurisdiction, except work located primarily in a public way, public utility towers and poles,
mechanical equipment not specifically regulated in this code, and hydraulic flood control
structures.
For additions, alterations, moving and maintenance of buildings and structures, see Chapter
34. For temporary buildings and structures, see Section 3103 and Appendix Chapter 31.
Historic buildings. Repairs, alterations and additions necessary for the preservation,
restoration, rehabilitation, continued use or change of use of a historic building may be made in
compliance with the provisions of the 1997 Edition of the Uniform Code for Building
Conservation (UCBC) or Section 11-70 through 11-79 of the City of Dubuque Code of
Ordinances.
Where, in any specific case, different sections of this code specify different materials,
methods of construction or other requirements, the most restrictive shall govern. Where there
35
is a conflict between a general requirement and a specific requirement, the specific
requirement shall be applicable.
Wherever in this code reference is made to the appendix, the provisions in the appendix
shall not apply unless specifically adopted.
Sec.105. Section 105.5 “Expiration,” is hereby amended by repealing such section and
replacing such section with a new section in lieu thereof as follows:
Sec. 105.5 Expiration.
Every permit issued shall become invalid unless the work on the site authorized by such
permit is completed within two years after its issuance. The building official is authorized to
grant, in writing, one or more extensions of time, for periods not to exceed one year. The
extensions shall be requested in writing and justifiable cause demonstrated.
Sec. 112. Section 112, "Board of Appeals," is hereby amended by repealing such
section and replacing such section with a new section in lieu thereof as follows:
Sec. 112. Building Code and Advisory Appeals Board.
(a) Board Established. In order to determine the suitability of alternative building
materials and methods of building construction, to provide for reasonable interpretation of the
provisions of the building code, and to advise the city council on all building construction
regulations and procedures, there is hereby created the building code advisory and appeals
board.
(b) Membership. The building code advisory and appeals board shall consist of five (5)
members appointed by the city council. One (1) member shall be an architect or engineer
registered in the State of Iowa, one (1) member shall be a general building construction
contractor, one (1) member shall be a journeyman carpenter, and two (2) members shall be
from the public at large.
(c) Term of Office. The term of office of all board members shall be for three (3) years,
except that initial appointments of one (1) member shall be for a term of one (1) year, two (2)
members for two-year terms and two (2) members for three-year terms.
(d) Rules and Regulations. The board shall make such rules and prescribe such
procedures as may be reasonably necessary for its operation, except that such rules shall
include the following:
(1) Board Chairperson. The chairperson of the board shall be a member of
the board elected annually by a majority of the board.
(2) Secretary of the board. The building official, or designee, shall be
secretary of the board. The secretary shall arrange for meetings and prepare
and keep such minutes and records and perform such other clerical work as the
board may direct.
(3) Quorum. Three (3) members shall constitute a quorum. The concurring
vote of three (3) members of the board shall be necessary to pass any motion.
(4) Service until appointment of successor. Upon completion of the term of
office, members of the building code board shall continue to serve in their full
capacity until their successor has been duly appointed.
(5) Meetings. The building code board shall meet upon call of the
chairperson, secretary or city manager. Members of the building code board
shall attend at least two-thirds of all scheduled meetings within a twelve-month
period. If any member does not attend such prescribed number of meetings, it
shall constitute grounds for the board to recommend to the city council that said
member be replaced.
(6) Attendance. The attendance of all members shall be entered on the
minutes by the secretary.
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(7) Conformity with open meetings law. All meetings shall be held in
conformance with provisions of the Iowa Open Meetings Law.
(8) Minutes. The building code board shall file with the city council a copy of
the minutes of each meeting of the board within ten (10) working days after such
meeting.
(9) Administrative policies. All administrative, personnel, accounting,
budgetary, and procedural policies of the city shall govern the building code
board in all of its operations.
(10) Duties when serving as an appeals board. Any person who is aggrieved
by a decision of the building official on any requirements resulting from the
enforcement of the building code, may appeal from such decision to the building
code board and said board shall serve as an appeal board. In case the
aggrieved party is a member of said board, said member shall be disqualified as
a member of the board acting as an appeal board, until the person aggrieved has
been heard and a decision rendered.
The appeal shall be made by the person aggrieved, giving written
notice of such appeal to the building official within seven (7) days of receipt of
decision from which the appeal is taken. The building code board sitting as an
appeal board shall meet within ten (10) working days after receiving such notice
and render a decision within five (5) working days thereafter. Any interested
party, including the building official, shall have the right to present their case to
the appeal board, whose decision shall be final unless appealed to the district
court as provided by law.
The board of appeals may reverse or modify a decision of the
building official only on finding that:
a. The building official had incorrectly interpreted the provision
of this code;
b. The decision of the building official creates an unnecessary
hardship upon the appellant.
The board of appeals shall require that sufficient evidence or proof be
submitted to substantiate any claims made regarding the use of alternates.
All appeal hearings shall be conducted in accordance with the
procedures specified in this code.
(e) Limitations of Authority. The Board of Appeals shall have no authority relative to
interpretation of the administrative provisions of this code nor shall the Board be empowered to
waive requirements of this code.
In so modifying or reversing such decision of the building official, the board of appeals
may authorize any alternate to the decision of the building official and the provisions, provided
it finds the proposed material or method of construction is satisfactory for the use intended and
complies with the provisions of this code, and that the material, method or work offered is, for
the purpose intended, at least equivalent to that prescribed by this code in suitability, strength,
effectiveness, durability, fire resistance and safety.
Sec. 113 Section 113, "Violations" is hereby amended by repealing such section and
replacing such section with a new section in lieu thereof as follows:
Sec. 113 Violations
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter,
repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any
building or structure or cause or permit the same to be done in violation of this code.
37
The doing of any act, or the omission of any act, declared to be unlawful by this code, or
any code or ordinance herein adopted by reference shall be deemed a separate offense for
each and every day or portion thereof during which any such unlawful act is committed,
continued or permitted and upon conviction shall be punishable as provided in Chapter 1 of the
Code of Ordinances. The penalty herein provided shall be cumulative with and in addition to
the revocation, cancellation or forfeiture of any license or permit elsewhere in this code
provided for violation thereof.
Sec. 115. Section 115, "Unsafe Structures and Equipment" is hereby amended by
repealing such section and replacing such section with a new section in lieu thereof as follows:
Sec. 115. Unsafe Structures and Equipment
All buildings or structures regulated by this code which are structurally unsafe or not
provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous
to human life are, for the purpose of this section, unsafe. Any use of buildings or structures
constituting a hazard to safety, health or public welfare by reason of inadequate maintenance,
dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose
of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and
other appendages or structural members which are supported by, attached to, or a part of a
building and which are in deteriorated condition or otherwise unable to sustain the design
loads which are specified in this code are hereby designated as unsafe building appendages.
All such unsafe buildings, structures or appendages are hereby declared to be public
nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance
with the procedures set forth in Article II of Chapter 11 of the Code of Ordinances.
Section 3. This Ordinance shall be in effect after its final passage, approval and publication
as required by law.
th
Passed, approved and adopted this 16 day of July, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
rd
Published officially in the Telegraph Herald Newspaper the 23 day of July, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 7/19
Federal Building Monumental Sign: City Manager recommending approval of the design
concept for the Federal Building Monumental Sign: Motion by Cline to receive and file the
documents, approve the design and naming the facility “Historic Federal Building. “ Seconded
by Connors. Jones said that the design is missing “City of Dubuque” wording. Motion carried 4-
3 with Lynch, Michalski, and Braig voting nay.
All-America City Award: City Manager recommending approval of the implementation of
items for promotion of the All-America City Award. Motion by Jones to receive and file the
documents and approve. Seconded by Lynch. Motion carried 7-0.
th
175 Anniversary Celebration Coordinating Committee: Appointment of City Council
th
Member to the 175 Anniversary Celebration Coordinating Committee. Motion by Jones to
receive and file the documents and appoint Mayor Buol as the committee’s Council
representative. Seconded by Connors. Motion carried 7-0.
Legislative Priorities: City Manager recommending approval of the Legislative Priorities to
be submitted to the Iowa League of Cities. Motion by Jones to receive and file the documents
and approve. Seconded by Connors. Motion carried 7-0.
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CLOSED SESSION
Upon motion the Council adjourned to Closed Session at 8:30 p.m. to discuss pending
litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa
Upon motion Council reconvened regular session at 8:44 p.m. having given staff proper
direction.
There being no further business, upon motion the Council adjourned at 8:45 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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