8 6 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 August 6, 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.
Invocation was provided by Pastor Robert De Corah, Grandview Heights Baptist Church
PROCLAMATION
Responsible Gaming Week (August 6–10, 2007) was accepted by Bruce Wentworth,
Dubuque Racing Association, 1855 Greyhound Road.
PRESENTATION
1,000 Friends of Iowa Best Development Award Presentation was accepted by John
Gronen, of Gronen Properties, 1086 Main Street; Public Health Specialist Mary Rose Corrigan,
1300 Main Street; and Architect Jeff Morton, 206 Bluff Street.
CONSENT ITEMS
Motion by Cline to receive and file the documents and dispose of as indicated. Seconded by
Jones. Braig requested (#21) Comprehensive Plan Goals be held for separate discussion.
Motion carried 7.0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 5/16,
6/26, and 7/5; City Council of 7/16; Electrical Code Board of 7/23; Housing Code Appeals
Board of 3/20; Investment Oversight Advisory Commission of 7/31; Library Board of Trustees
of 5/24 and 6/15; Park and Recreation Commission of 7/10; Substance Abuse Services Center
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Fourth Quarterly Report; Investment Oversight Advisory Commission 57 Quarterly
Proofs of publication of City Council Proceedings of July 2 and 9, 2007 and List of Claims
and Summary of Revenues for month ended June 30, 2007; Report.
Upon motion the documents were received and filed.
Notice of Claims/Suits: Elmer Arensdorf for property damage; Richard and Linda Cathman
for property damage; Joseph H. Fecker, Jr. for property damage; Jean Heim for vehicle
damage; Grace Keith for property damage; Karen Leicht for property damage; Krystle Lorenz
for property damage; Neil Pitman for property damage; David and Ellen Rath for property
damage; Anthony Rokusek for property damage; Donald and Katherine Schneider for property
damage; Nelle Trefz for property damage; John and Valerie Herber for property damage. Upon
motion the documents were received and filed and referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: American Family
Insurance for vehicle damage; Elmer Arensdorf for property damage; Lisa Bowers for property
damage; William Brown for property damage; Linda and Richard Cathman for property
damage; Joseph H. Fecker, Jr. for property damage; Jean Heim for vehicle damage; David
and Ellen Rath for property damage; Beth Hilkin for property damage; Lisa Huinker for property
damage; Tracy Little for property damage; Joan Overhouse for property damage; Donald and
Katherine Schneider for property damage; Ann Till for property damage; Julie Welter for
property damage; Neil Pitman for property damage.
City Attorney recommending that the claims of Karen Leicht, Grace Keith, Nelle Trefz, and
Krystle Lorenz for property damage be referred to Tricor Insurance and Financial Services.
Upon motion the documents were received and filed and concurred.
Citizen Communications: Communication from Jeanne Beeghley, 3060 Deerwood Circle,
regarding the condition of Asbury Road from St. Ambrose west to JFK Road, and the
intersection of Cedar Cross Road and Highway 20.
Communication from Judy Dupont and the Cyril G. Habel Family, 13212 Sherrill Road,
regarding the intersection of the Northwest Arterial and Asbury Road.
Communication from Esther Thome, 2820 Brunswick Street, requesting to purchase a
portion of a City street/alley abutting her property.
Communication from David L. Clemens, representing Denise Keller, requesting to purchase
a portion of an alley abutting the property at 1819 Pierce Street. Upon motion the documents
were received and filed and referred to the City Manager.
All-America City: Communication from the National League of Cities congratulating the City
of Dubuque on receiving the 2007 All-America City award.
Communication from the City of Hollywood, Florida congratulating the City of Dubuque on
receiving the 2007 All-America City award. Upon motion the documents were received and
filed.
Civil Service Commission: Civil Service Commission submitting the certified list for the
positions of Records Supervisor and Police Officer. Upon motion the documents were received
and filed and made a Matter of Record.
Office of the City Assessor: Communication from the City Assessor advising that Vickie Ann
Glab has appealed her 2007 property tax assessment to the Property Assessment Appeal
Board in Des Moines. Upon motion the documents were received and filed.
Community Development Block Grant Purchase of Service Agreements: City Manager
recommending approval of an amendment to the Community Development Block Grant
(CDBG) Purchase of Service Agreements for the Northeast Iowa School of Music, Dubuque
County ISU Extension and the Four Mounds Foundation. Upon motion the documents were
received, filed, and approved.
Purchase of Property – 2100 Kniest Street: City Manager recommending approval to
purchase a residential duplex dwelling located at 2100 Kniest Street as part of the acquisition
program associated with the Bee Branch Creek Restoration Project. Upon motion the
documents were received and filed and Resolution No. 402-07 Approving the acquisition of
real estate located at 2100 Kniest Street in the City of Dubuque was adopted.
RESOLUTION NO. 402-07
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A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2100
KNIEST STREET, IN THE CITY OF DUBUQUE
WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended
in the 2001 HDR “Drainage Basin Master Plan;” and
WHEREAS, a purchase agreement has been finalized with the owner of the twenty first
property scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property:
The Southwest 97 feet of Lot 5, and the Southeast 15 feet of the Southwest 97 feet of Lot 4,
all in Frisch’s Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof,
At the cost of Seventy thousand dollars ($70,000).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim
deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the
herein described real estate.
Section 3. That the City Clerk be and she is hereby authorized and directed to
cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder,
together with certified copy of the Resolution.
Section 4.That the City Clerk be and she is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
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Passed, approved, and adopted this 6 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Purchase of Property – 2249 and 2251 Prince Street: City Manager recommending approval
to purchase a residential duplex dwelling located at 2249 and 2251 Prince Street as part of the
acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion
the documents were received and filed and Resolution No. 403-07 Approving the acquisition of
real estate located at 2249 and 2251 Prince Street in the City of Dubuque was adopted.
RESOLUTION NO. 403-07
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2249
AND 2251 PRINCE STREET IN THE CITY OF DUBUQUE
WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended
in the 2001 HDR “Drainage Basin Master Plan;” and
WHEREAS, a purchase agreement has been finalized with the owner of the twenty second
property scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property: The Northerly half of Lot 52 in “Sanford Subdivision” in the City of
Dubuque, Iowa, according to the recorded Plat thereof. The Northerly half of Lot 51, and the
Southerly half of Lot 52, in “Sanford Subdivision” in the City of Dubuque, Iowa, according to the
recorded Plat thereof. At the cost of One hundred twelve thousand two hundred dollars
($112,200).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim
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deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the
herein described real estate.
Section 3. That the City Clerk be and she is hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and she is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
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Passed, approved, and adopted this 6 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Purchase of Property – 2006 Kniest Street: City Manager recommending approval to
purchase a residential dwelling located at 2006 Kniest Street as part of the acquisition program
associated with the Bee Branch Creek Restoration Project. Upon motion the documents were
received and filed and Resolution No. 404-07 Approving the acquisition of real estate located
at 2006 Kniest Street in the City of Dubuque was adopted.
RESOLUTION NO. 404-07
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2006
KNIEST STREET, IN THE CITY OF DUBUQUE
WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended
in the 2001 HDR “Drainage Basin Master Plan;” and
WHEREAS, a purchase agreement has been finalized with the owner of the eighteenth
property scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property: The northerly one-third of Lot 5 of L. Kniest’s Subdivision of part of Mineral
Lot 314, in the City of Dubuque, Iowa, At the cost of Sixty four thousand dollars ($64,000).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim
deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the
herein described real estate.
Section 3. That the City Clerk be and she is hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4.That the City Clerk be and she is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
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Passed, approved, and adopted this 6 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Purchase of Property – 2234 Washington Street: City Manager recommending approval to
purchase a residential dwelling located at 2234 Washington Street as part of the acquisition
program associated with the Bee Branch Creek Restoration Project. Upon motion the
documents were received and filed and Resolution No. 405-07 Approving the acquisition of
real estate located at 2234 Washington Street in the City of Dubuque was adopted.
RESOLUTION NO. 405-07
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A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2234
WASHINGTON STREET IN THE CITY OF DUBUQUE
WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended
in the 2001 HDR “Drainage Basin Master Plan;” and
WHEREAS, a purchase agreement has been finalized with the owner of the twentieth
property scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property: The North ½ of Lot 1 of Lot 3 of Lot 102 in L.H. Langworthy’s Addition to
the City of Dubuque, Iowa, according to the recorded plat thereof, at the cost of Seventy
thousand dollars ($70,000).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim
deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the
herein described real estate.
Section 3. That the City Clerk be and she is hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and she is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
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Passed, approved, and adopted this 6 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Purchase of Property – 509 Rhomberg Avenue: City Manager recommending approval to
purchase a residential dwelling located at 509 Rhomberg Avenue as part of the acquisition
program associated with the Bee Branch Creek Restoration Project. Upon motion the
documents were received and filed and Resolution No. 406-07 Approving the acquisition of
real estate located at 509 Rhomberg Avenue in the City of Dubuque was adopted.
RESOLUTION NO. 406-07
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 509
RHOMBERG AVENUE IN THE CITY OF DUBUQUE
WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended
in the 2001 HDR “Drainage Basin Master Plan;” and
WHEREAS, a purchase agreement has been finalized with the owner of the nineteenth
property scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property: Lot 15 in Smedley’s Subdivision in the City of Dubuque, Iowa, according to
the recorded plat thereof, at the cost of Fifty three thousand dollars ($53,000).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim
deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the
herein described real estate.
Section 3. That the City Clerk be and she is hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with
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certified copy of the Resolution.
Section 4. That the City Clerk be and she is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
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Passed, approved, and adopted this 6 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Request for Proposals for “Green” Consulting Services: City Manager recommending
approval of the issuance of a request for proposals for consulting services related to advancing
Dubuque as a sustainable community and to include energy management consulting,
monitoring and education, and identification and implementation of energy use reduction
strategies for the benefit of low and moderate-income homeowners and tenants in the
downtown neighborhoods. Upon motion the documents were received, filed, and approved.
Community Development Block Grant (CDBG) Agreement: City Manager recommending
approval of the Fiscal Year 2008 Community Development Block Grant (CDBG) Agreement
with the U.S. Department of Housing and Urban Development in the amount of $1,252,136.
Upon motion the documents were received and filed and Resolution No. 407-07 Authorizing
execution of a Community Development Block Grant Agreement with the U.S. Department of
Housing and Urban Development was adopted.
RESOLUTION NO. 407-07
RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
Whereas, under provisions of Title I of Housing and Community Development Act of 1974,
as amended, the City of Dubuque prepared and submitted an Annual Action Plan for a
Community Development Block Grant; and
Whereas, the submission has been approved by the U.S. Department of Housing and
Urban Development in the amount of $1,252,136 for a twelve month program year
commencing July 1, 2007 and ending June 30, 2008; and
Whereas, a grant agreement covering the activities proposed to be carried out with the
Community Development Block Grant funds has been transmitted to the City of Dubuque by
the U. S. Department of Housing and Urban Development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Funding Approval/Agreement, authorized by the U.S. Department of
Housing and Urban Development for July 1, 2007 for a Community Development Block Grant
to the City of Dubuque in the amount of $1,252,136 and identified as Grant Number B-07-MC-
19-0004 is hereby accepted.
Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and
directed to execute said Agreement on behalf of the City of Dubuque, Iowa.
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Passed, approved and adopted this 6 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Purchase of Service Agreements – Amendments: City Manager recommending approval of
an amendment to the Community Development Block Grant Purchase of Service Agreements
for the Washington Neighborhood Tool Library, Project Concern, and Hills and Dales. Upon
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motion the documents were received, filed, and approved.
Consolidated Plan Addendum: City Manager recommending approval of an addendum to
the City’s Consolidated Plan for Housing and Community Development for Fiscal Years 2006 –
2010. Upon motion the documents were received and filed and Resolution No. 408-07
Resolution approving the FY 2007 addendum to the Consolidated Plan for Housing and
Community Development FY 2006-2010 was adopted.
RESOLUTION NO. 408-07
RESOLUTION APPROVING THE FY 2007 ADDENDUM TO THE CONSOLIDATED PLAN
FOR HOUSING AND COMMUNITY DEVELOPMENT FY 2006-2010
Whereas, the City of Dubuque approved and adopted the Consolidated Plan for Housing
and Community Development FY 2006-2010 on April 18, 2005 by Resolution No. 177-05, and
Whereas, the U.S. Department of Housing and Urban Development has requested the City
amend our Plan to address recently adopted federal requirements; and
Whereas, said amendment is a non-substantial amendment as provided in the City's Citizen
Participation Plan and must therefore be approved by resolution of the City Council after the
Community Development Advisory Commission review and recommendation; and
Whereas, the Community Development Advisory Commission reviewed the proposed
amendment on July 18, 2007 and voted to approve said amendment and to recommend
approval by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque Fiscal Year 2007 Addendum to the Consolidated Plan
for Housing and Community Development FY 2006-2010 be and the same is hereby approved
and adopted.
Section 2. That the City Council authorizes the Mayor to sign the document on behalf of the
City of Dubuque, Iowa and further directs the City Manager to submit said Addendum and a
copy of this resolution to the U. S. Department of Housing and Urban Development.
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Passed, approved and adopted this 6 day of August 2007.
Roy D Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Board and Commission Resignations: Rachel Savage submitting her resignation from the
Housing Commission.
Ken Bichell submitting his resignation from the Zoning Advisory Commission.
Mary Lynn Neumeister submitting her resignation from the Long Range Planning Advisory
Commission. Upon motion the documents were received, filed and resignations accepted.
U.S. Department of Housing and Urban Development: Communication from the U.S.
Department of Housing and Urban Development acknowledging receipt of the City’s
amendment to the Fiscal Year 2007 CDBG Annual Action Plan.
Communication from the U.S. Department of Housing and Urban Development expressing
appreciation for the City of Dubuque’s participation in the National Call to Action for Affordable
Housing through Regulatory Reform. Upon motion the documents were received and filed.
2008 Fireworks Display: Communication from the Dubuque Jaycees, KDTH, KATF, KGRR
and The River requesting permission to conduct a fireworks display on Thursday, July 3, 2008
(rain date of July 4, 2008) on Volunteer Road. Upon motion the documents were received,
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filed, and approved.
Legislative Correspondence: Communication to Congressman Bruce Braley urging support
for the Energy Efficiency Block Grant program.
Communication from Tom Cochran, The United States Conference of Mayors, urging
support for the Energy Efficiency Block Grant program. Upon motion the documents were
received and filed.
Comprehensive Plan Goals: City Manager submitting City Attorney Lindahl’s suggested
revisions to the Long Range Planning Advisory Commission’s recommended updates to the
2002 Comprehensive Plan. Motion by Braig to receive and file the documents. Seconded by
Connors. Braig explained the review process for the Comprehensive Plan and said there will
be a public hearing prior to adopting the plan. Michalski said that the implication that these are
City goals remains an unresolved, primary concern for her. She said that some goals are not
the City’s responsibility such as funding certain aspects, for which the cost can be shared or
the sole responsibility of the City. Cline said that public input has been incorporated. She
suggested concerns be referred to the City Attorney for direction. Motion carried 7-0.
City Manager Employment Agreement: Submittal of the Seventeenth Amendment to the City
Manager’s Employment Agreement for approval. Upon motion the documents were received,
filed, and approved.
City Attorney Compensation: Upon motion Resolution No. 409-07 Establishing the
compensation of the City Attorney was adopted.
RESOLUTION NO. 409-07
ESTABLISHING THE COMPENSATION OF THE CITY ATTORNEY
Whereas, the City Council appoints the City Attorney; and
Whereas, the City Council from time to time establishes the compensation of the City
Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The base salary of the City Attorney is hereby established, effective July 1, 2007,
at $130,000. The base salary of the City Attorney shall be adjusted effective July 1, 2007 by
the same percentage as for all other non-bargaining unit employees.
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Section 2. The base salary of the City Attorney shall also be adjusted July 1 of each
succeeding year, by the same percentage as for all other non-bargaining unit employees.
Section 3. The City Attorney shall be entitled to longevity pay as for all other non-bargaining
unit City employees.
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Passed, approved and adopted this 6 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Downtown Area Parking Needs Study: City Manager recommending approval of the
issuance of a Request for Qualifications to complete a Downtown Area Parking Needs
Assessment Study. Upon motion the documents were received, filed, and approved.
Establishment of Fair Market Value – 625 Gillespie Street: City Manager recommending
approval of establishing the fair market value of the property located at 625 Gillespie Street for
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purposes of acquisition of the property for expansion of the 32 Street storm water detention
basin. Upon motion the documents were received and filed and Resolution No. 410-07
Establishing the fair market value of certain real property owned by the estate of Arthur P.
Frommelt in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 410-07
ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY
THE ESTATE OF ARTHUR P. FOMMELT IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque (City) intends to acquire certain real property owned by the
Estate of Arthur P. Frommelt (Owner), legally described as follows (the Property): Lots 11, 12,
13, 14, and 15 Finks Subdivision in the City of Dubuque, Iowa, as shown in Exhibit A for the
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purpose of expanding the 32 Street Detention Basin; and
Whereas, Iowa law requires that City must make a good faith effort to negotiate with Owner
to purchase the Property before proceeding with condemnation;
AND Whereas, City may not make an offer to purchase the Property which is less than the
fair market value City has established for the Property; and
Whereas, City has caused an appraisal of the Property to be made and the appraised value
of the Property is $120,900.00; and
Whereas, the City Council now desires to establish the fair market value of the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The fair market value of the Property is hereby established to be $120,900.00.
2. The City Manager and the City Attorney are hereby authorized to commence negotiations
with Owner of the Property and any other interested parties for the purchase of the Property for
a purchase price which is not less than the fair market value established by this Resolution.
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Passed, approved and adopted this 6 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Quarterly Investment Report: City Manager submitting the June 30, 2007 Quarterly
Investment Report. Upon motion the documents were received and filed.
US 52 North Storm Sewer Improvements: City Manager recommending approval of a
cooperative agreement with the Iowa Department of Transportation (IDOT) for the U.S. 52
North Storm Sewer Improvement Project. Upon motion the documents were received and filed
and Resolution No. 411-07 Approving the Cooperative Agreement between the Iowa
Department of Transportation and the City of Dubuque establishing or improving an extension
of Primary Road No. U.S. 52 was adopted.
RESOLUTION NO. 411-07
APPROVING THE COOPERATIVE AGREEMENT BETWEEN THE IOWA DEPARTMENT OF
TRANSPORTATION AND THE CITY OF DUBUQUE ESTABLISHING OR IMPROVING AN
EXTENSION OF PRIMARY ROAD NO. U.S. 52
Whereas, the City of Dubuque (City) in joint cooperation with the Iowa Department of
Transportation (DOT) proposes to establish or improve the storm sewer system on North U.S.
52 (the Project); and
Whereas, the City and DOT are willing to jointly participate in the Project; and
Whereas, the total Project cost is estimated at $189,712.00; and
Whereas, DOT will contribute an estimated $40,838.19 toward the Project with the City
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responsible for the remaining $148,873.81; and
Whereas, the DOT shall reimburse the City upon completion of the Project; and
Whereas, the City and DOT desire to enter into the Cooperative Agreement attached
hereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Cooperative Agreement attached hereto is hereby approved, and the
Mayor is hereby authorized and directed to sign the Cooperative Agreement on behalf of the
City of Dubuque.
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Passed, adopted and approved this 6 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Sewer Cured-in-Place Pipe (CIPP) Lining Project: City Manager recommending award of
the public improvement contract for the Sewer Cured-in-Place Pipe (CIPP) Lining Project to
Visu-Sewer Clean and Seal in the amount of $177,865. Upon motion the documents were
received and filed and Resolution No. 412-07 Awarding public improvement contract for the
CIPP Lining Project to Visu-Sewer Clean and Seal was adopted.
RESOLUTION NO. 412-07
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2007 SEWER CIPP LINING
PROJECT
Whereas, sealed proposals have been submitted by contractors for the 2007 Sewer CIPP
Lining Project (the Project) pursuant to Resolution No. 369-07 and Notice to Bidders published
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in a newspaper published in the City of Dubuque, Iowa on the 6 day of July, 2007.
Whereas, said sealed proposals were opened and read on the 26th day of July, 2007 and it
has been determined that Visu-Sewer Clean & Seal of Pewaukee, Wisconsin, with a bid in the
amount of $177,865.00, 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 Visu-Sewer Clean
& Seal 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 6 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Iowa Great Places Grant Agreement: City Manager recommending approval of the grant
agreement with the Iowa Department of Cultural Affairs for the Bi-Lingual Bike/Hike Trail
Signage Project. Upon motion the documents were received and filed and Resolution No. 413-
07 Authorizing a grant agreement for an Iowa Great Places Grant for the Bi-Lingual Bike/Hike
Trail Signage Project was adopted.
RESOLUTION NO. 413-07
RESOLUTION AUTHORIZING A GRANT AGREEMENT FOR AN IOWA GREAT PLACES
GRANT FOR THE BI-LINGUAL BIKE/HIKE TRAIL SIGNAGE PROJECT
Whereas, the Iowa Department of Cultural Affairs provides grants to the communities
designated as part of the Iowa Great Places Program; and
Whereas, the City of Dubuque has been awarded an Iowa Great Places Grant for the Bi-
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lingual Bike/Hike Trail Signage Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby authorizes the execution of the Iowa Great Places
grant agreement with the Iowa Department of Cultural Affairs for the Bi-lingual Bike/Hike Trail
Signage Project.
Section 2. That the City Manager is hereby authorized to execute said grant agreement on
behalf of the City of Dubuque.
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Passed, approved and adopted this 6 day of August 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Improvement Contracts/Performance, Payment and Maintenance Bonds: US 52 North
Storm Sewer Improvement Project, Grand River Center Carpet Replacement Project, Third
Street Overpass Light Replacement Project, Star Brewery Drive Construction Project. Upon
motion the documents were received and filed and Resolution No. 414-07 Approving public
improvement contracts and bonds was adopted.
RESOLUTION NO. 414-07
APPROVING PUBLIC IMPROVEMENT CONTRACTS AND BONDS
Whereas, the City Council has awarded the following public improvement contracts:
1. By Resolution No. 256-07, Public Improvement Contract for the US 52 North Storm
Sewer Improvement project; and
2. By Resolution No. 259-07, Public Improvement Contract for the Grand River Center
Carpet Replacement Project; and
3. By Resolution No. 288-07, Public Improvement Contract for the Third Street Overpass
Light Replacement Project; and
4. By Resolution No. 320-07, Public Improvement Contract for the Star Brewery Drive
Construction Project.
Whereas, the Contractors have submitted the executed public improvement contracts and
bonds.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The Public Improvement Contracts and bonds attached hereto are hereby approved.
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Passed, approved and adopted this 6 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion the documents were received and filed and Resolution No. 415-07
Granting the issuance of two renewal permits to sell cigarettes and cigarette papers in the City
of Dubuque; Resolution No. 416-07 Granting the issuance of a Class “C” Beer Permit to Sid’s
Beverage Store; and Resolution No. 417-07 Granting the issuance of a Class “C” Beer/Liquor
License to Club Phoenix, Shannon’s Bar and Grill, and the Ten Pin Tap; a Special Class “C”
Liquor License to Bell Tower Productions; a Class “B” Wine Permit to Sid’s Beverage Store; a
Class “WBN” Native Wine Permit to Bricktown Brewery; and a Special Class “C” Liquor
License (5-Day Special Event) to Dubuque Jaycees for August 17, September 7, and October
6, 2007, were adopted.
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RESOLUTION NO. 415-07
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and
Cigarette Papers within said City.
2 RENEWALS
A.W.N. Stop Mart # 2 A.W.N. Stop Mart 1401 Central
A.W.N. Stop Mart A.W.N. Stop Mart 1998 Jackson
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Passed, approved and adopted this 6 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 416-07
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
CLASS “C” BEER PERMIT
Sid’s Beverage Store, Inc. Sid’s Beverage Store+(Sunday Sale) 2727 Dodge St.
Passed, approved and adopted this 6th day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 417-07
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
W & B Properties LLC Club Phoenix 920 Main St
nd
Shannon’s Bar Shannon’s Bar & Grill+(Sunday Sale) 521 E. 22 St
Haggerty Enterprises Ten Pin Tap+(Sunday Sale) 601 Rhomberg Av
SPECIAL CLASS “C” LIQUOR
Bell Tower Productions Bell Tower Productions+(Sunday Sale) 2728 Asbury Rd
CLASS “B” WINE
Sid’s Beverage Store Sid’s Beverage Store 2727 Dodge St
CLASS “WBN” NATIVE WINE
RB Restaurant Management Bricktown Brewery 299 Main Street
SPECIAL CLASS “C” LIQUOR(5 DAY SPECIAL EVENT)
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Dubuque Jaycees Dubuque Jaycees(8-17-07) Town Clock Plaza
Dubuque Jaycees Dubuque Jaycees(09-07-07) Town Clock Plaza
Dubuque Jaycees Dubuque Jaycees(10-06-07) Cable Car Square
Passed, approved and adopted this 6h day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Issuance of Not to Exceed $25,000,000 of Urban Renewal Tax Increment Revenue Bonds
and Port of Dubuque Public Parking Ramp Bid Award: City Manager advising that the special
City Council meeting to approve the issuance of not to exceed $25,000,000 Urban Renewal
Tax Increment Revenue Bonds and the Port of Dubuque Public Parking Ramp bid award has
been changed to Wednesday, August 22, 2007 at 5:00 p.m. in the Library Auditorium. Upon
motion the documents were received and filed.
ITEM TO BE SET FOR PUBLIC HEARING
Motion by Cline to receive and file the documents, set the public hearing as indicated, and
direct the City Clerk to publish notice as prescribed by law. Seconded by Jones. Motion carried
7-0.
Disposal of Previously Vacated Alley: City Manager recommending that a public hearing be set
for August 20, 2007, to consider approval for the disposition of the City’s interest in Lot 19A of
Union Avenue Subdivision to Greg F. and Dawn M. Swift. Upon motion the documents were
received and filed and Resolution No. 418-07 Resolution of intent to dispose of City interest in
Lot 19A of Union Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa, was
adopted setting a public hearing at a meeting to commence at 6:30 p.m. on August 20, 2007,
in the Public Library Auditorium.
RESOLUTION NO. 418-07
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 19A OF UNION
AVENUE SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Greg F. and Dawn M. Swift have requested the disposal of a portion of a vacated
alley platted as Lot 19A of Union Avenue Subdivision; and
Whereas, Buesing & Associates has prepared and recorded a plat showing the vacated
alley and assigned lot number thereto, which is known and described as Lot 19A of Union
Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa, as recorded in Instrument
No. 6630-92 in the Office of the Dubuque County Recorder.
Whereas, Lot 19A of Union Avenue Subdivision was a portion of a former public alley
vacated by Ordinance No. 30-92 on April 20, 1992.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest in Lot 19A of Union
Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot 19A of Union Avenue Subdivision in the City of
Dubuque, Dubuque County, Iowa, to Greg F. and Dawn M. Swift be contingent upon the
payment of publication and filing fees of $100.
Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of
intent to dispose of said real estate to be published in the manner as prescribed by law.
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Passed, approved and adopted this 6 day of August, 2007.
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Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions. No applicants spoke.
Building Code Board of Appeals: One 3-year expired term through August 1, 2010 (Term of
Jahns, Journeyman/Carpenter); One 3-year expired term through August 2, 2010 (Term of
Kolf, Architect/Engineer); One 3-year expired term through August 1, 2008 (Term of
Gudenkauf, At Large), One 3-year expired term through August 1, 2009 (Term of Carr,
General Contractor), One 3-year expired term through August 1, 2009 (Term of Luchsinger, At
Large). Applicants: John Schwendinger (Journeyman/Carpenter), James Kolf
(Architect/Engineer), No applicant (At-Large), Chuck Carr (General Contractor), Richard
Luchsinger (At-Large).
Housing Commission: Three 3-year expired terms through August 17, 2010 (Terms of Eddy,
Schwendinger, and Kapler). One 3-year vacant term through August 17, 2009 (Term of
Savage). Applicants: Char Eddy; Erica Johnson; Judie Root; Dorothy Schwendinger, OSF.
Transit Board of Trustees: One 3-year expired term through July 30, 2010 (Term of
Stedman). Applicants: Harry Bemis, Ruth Scharnau, Don Stedman.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Cancer Survivor Park Lease Agreement: Proof of publication on notice of hearing to
consider disposing of interest in real property by lease agreement with The Finley Hospital for
the Cancer Survivor Park and City Manager recommending approval. Motion by Cline to
receive and file the documents and adopt Resolution No. 419-07 Disposing of an interest in
real property by lease with The Finley Hospital. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 419-07
DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT WITH THE
FINLEY HOSPITAL
WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following described real
estate (the Property): Lots 21 and 22 – Finley Home Addition; and
WHEREAS, The Finley Hospital, an Iowa Corporation desires to lease the Property for the
construction and operation of a park as set forth in the Lease Agreement attached hereto; and
WHEREAS, on August 6, 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 The Finley Hospital.
Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Lease
Agreement.
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Passed, approved and adopted this 6th day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Water Revenue Capital Loan Notes: Proof of publication on notice of hearing to consider
approval of the issuance of $1,037,000 Water Revenue Capital Loan Notes and City Manager
recommending approval. Motion by Connors to receive and file the documents and adopt
Resolution No. 420-07 Instituting proceedings to take additional action for the authorization of
a Loan and Disbursement Agreement and the issuance of $1,037,000 Water Revenue Capital
Loan Notes. Seconded by Cline. Motion carried 7-0.
The Council then considered the proposed action and the extent of objections thereto.
Whereupon, Council Member Joyce Connors introduced and delivered to the Clerk the
Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AND
DISBURSEMENT AGREEMENT AND THE ISSUANCE OF $1,037,000 WATER REVENUE
CAPITAL LOAN NOTES", and moved that the Resolution be adopted. Council Member
Patricia Cline seconded the motion. The roll was called and the vote was, AYES: Buol, Cline
Connors, Jones, Braig, Lynch, Michalski; NAYS: None.
Whereupon, the Mayor declared the measure duly adopted.
RESOLUTION NO. 420-07
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE
OF $1,037,000 WATER REVENUE CAPITAL LOAN NOTES
WHEREAS, pursuant to notice published as required by law, this Council has held a public
meeting and hearing upon the proposal to institute proceedings for the 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, for the purpose of
paying 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, and
has considered the extent of objections received from residents or property owners as to said
proposal and, accordingly the following action is now considered to be in the best interests of
the City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby institute proceedings and takes additional action
for the 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 in the manner required by law of
$1,037,000 Water Revenue Capital Loan Notes for the foregoing purpose.
Section 2. That this Council does hereby consent to the terms and conditions of the DWSRF
Loan Program, which terms and conditions and the disclosures provided with respect thereto
are hereby acknowledged, accepted and approved.
Section 3. That the City Clerk, with the assistance of the City Attorney and bond counsel, is
hereby authorized and directed to proceed with the preparation of such documents and
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proceedings as shall be necessary to authorize the City's participation in the DWSRF Loan
Program, to select a suitable date for final Council authorization of the required Loan and
Disbursement Agreement and issuance of the Note to evidence the City's obligations
thereunder, and to take such other actions as the Clerk shall deem necessary to permit the
completion of a loan on a basis favorable to the City and acceptable to this Council.
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Passed and approved this 6 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Eagle Point Water Plant Clear Well Rehabilitation Project: Proof of publication on notice of
hearing to consider approval of the plans and specifications, form of contract, and estimated
cost for the Eagle Point Water Plant Clear Well Rehabilitation Project and City Manager
recommending approval. Motion by Michalski to receive and file the documents and adopt
Resolution No. 421-07 Approving plans and specifications, form of contract, and estimated
cost for the Eagle Point Water Plant Clear Well Rehabilitation Project. Seconded by Jones.
Motion carried 7-0.
RESOLUTION NO. 421-07
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE EAGLE POINT WATER PLANT CLEAR WELL RESERVOIR
REHABILITATION 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 Eagle
Point Water Plant Clear Well Reservoir Rehabilitation Project, in the estimated amount of
$1,037,421, are hereby approved.
Passed, adopted and approved this 6th day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Five Flags Sidewalk Replacement Project: Proof of publication on notice of hearing to
consider approval of the plans and specifications, form of contract, and estimated cost for the
Five Flags Sidewalk Replacement Project and recommending award of the public
improvement to Portzen Construction, Inc., in the amount of $179,937.65, and the City
Manager recommending approval. Motion by Connors to receive and file the documents and
adopt Resolution No. 422-07 Approving plans and specifications, form of contract, and
estimated cost for the Five Flags Sidewalk Replacement Project, and Resolution No. 423-07
Awarding public improvement contract for the Five Flags Sidewalk Replacement Project to
Portzen Construction, Inc., in the amount of $179,937.65. Seconded by Jones. Motion carried
7-0.
RESOLUTION NO. 422-07
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE FIVE FLAGS SIDEWALK AND LIGHTING REPLACEMENT PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Five
Flags Sidewalk and Lighting Replacement Project, in the estimated amount $225,544.50, are
hereby approved.
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Passed, adopted and approved this 6 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 423-07
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE FIVE FLAGS SIDEWALK AND
LIGHTING REPLACEMENT PROJECT
Whereas, sealed proposals have been submitted by contractors for the Five Flags Sidewalk
and Lighting Replacement Project (the Project) pursuant to Resolution No. 393-07 and Notice
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to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 16 and
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20 days of July, 2007.
Whereas, said sealed proposals were opened and read on the 31st day of July, 2007 and it
has been determined that Portzen Construction, Inc. of Dubuque, Iowa, with a bid in the
amount of $179,937.65 - Base Bid of $173,667.65, plus Alternate Bid (Traffic Signal
Installation) of $6,270.00, 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 6 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Art’s Way / Vessel Inc. Development Agreement: Proof of publication on notice of hearing 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
the project and City Manager recommending approval. Motion by Connors to receive and file
the documents and adopt Resolution No. 424-07 Approving a Development Agreement
providing for the sale of 5.97 acres in the Dubuque Industrial Center West to Art’s Way
Vessels, Inc. Seconded by Jones. Mark Klausner, Marke LLC, and Arts’ Way Vessels, Inc.
President E. W. Muehlhause both spoke regarding the development agreement. Lynch
questioned when tenant Art’s Way will be out of the current building and was told they would
be up and running approximately mid-November of this year. Lynch said that he would vote in
favor of the development agreement but urged the two parties to work out their differences
quickly. Van Milligen said that the development agreement stated building construction was to
be finished December 31, 2007. Michalski questioned the configuration of the building.
Klausner requested for the record that he needs the building Art’s Way is currently occupying
vacated by October 4. He said the tenant was given one-year’s notice to vacate and they are
still not out. Buol said that was not a City issue. Connors reiterated that the Council is
approving the development agreement only and that she was in favor of it. Braig asked if the
new building is not constructed, is the City protected. City Attorney Lindahl said that the
agreement has default provisions. Motion carried 7-0.
RESOLUTION NO. 424-07
RESOLUTION APPROVING A DEVELOPMENT AGREEMENT PROVIDING FOR THE SALE
OF 5.97 ACRES IN THE DUBUQUE INDUSTRIAL CENTER WEST TO ART’S WAY
VESSELS, INC.
17
Whereas, the City Council, by Resolution No. 394-07, dated July 16, 2007, declared its
intent to enter into a Development Agreement with Art’s Way Vessels, Inc. for the sale of 5.97
acres in the Dubuque Industrial Center West (the Property); and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on August 6, 2007 at 6:30 p.m. at the Carnegie-Stout Public Library Auditorium,
th
360 W. 11 Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the Development
Agreement for the sale to and development of the Property by Art’s Way Vessels, Inc.
according to the terms and conditions set out in the Development Agreement is in the public
interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development Agreement by and between the City of Dubuque
and Art’s Way Vessels, Inc. for the sale of the Property is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Development
Agreement on behalf of the City and City Clerk is authorized and directed to attest to his
signature.
Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and
deliver a Special Warranty Deed for the Property as provided in the Development Agreement.
Section 4. That the City Manager is authorized to take such actions as are necessary to
comply with the terms of the Development Agreement as herein approved.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Five Flags Civic Center Update: Joyce White, General Manager of the Five Flags Civic
Center, provided a presentation on activity level in Fiscal Year 2007 and projected activity level
for Fiscal Year 2008. Motion by Cline to receive and file the documents. Seconded by Connors.
Michalski said she was pleased with the success of Five Flags over the last couple of years.
Motion carried 7-0.
Warehouse District Revitalization Strategy: City Manager recommending adoption of the
Warehouse District Revitalization Strategy.
Presentation by Dan LoBianco, Dubuque Main Street, and Tim McNamara, Wilmac Co. and
Property Owner, regarding the Warehouse District Revitalization Strategy.
Motion by Michalski to receive and file the documents and adopt Resolution No. 425-07
Adopting the Warehouse District Revitalization Strategy. Seconded by Jones. Motion carried 7-
0.
RESOLUTION NO. 425-07
A RESOLUTION ADOPTING THE WAREHOUSE DISTRICT REVITALIZATION STRATEGY
Whereas, the Envision 2010 process chose the Warehouse District as one of the top 10
community projects for the City of Dubuque, and
Whereas, the Dubuque Warehouse District has been characterized as an important area of
18
the community for its historical and architectural significance, and
Whereas, property owners of the district and citizens of Dubuque wish to see the
Warehouse District revitalized, and
Whereas, it is in the best interests of the City of Dubuque to encourage the revitalization of
the area.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, AS
FOLLOWS:
Section 1. The attached Warehouse District Revitalization Strategy is hereby adopted.
Section 2. The City Manager is hereby directed to begin implementing the Strategy.
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Passed, approved and adopted this 6 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
John F. Kennedy Road Sidewalks – Asbury Road to the Northwest Arterial: City Manager
providing information regarding the installation of sidewalks on John F. Kennedy Road from
Asbury Road to the Northwest Arterial and requesting Council direction. Motion by Jones to
receive and file the documents and direct staff to proceed with the project. Seconded by
Connors. Michalski questioned if the City would pay for retaining walls with installation being
required by November. She said maps contribute to the safety issue as they randomly appear
and disappear and recommended staying open to exemptions. Cline asked if the bus shelter
will be ADA accessible – not on Owen Court. City Engineer Psihoyos said that there is only
one shelter in this corridor. Jones asked if there would be a public hearing and said there is a
need for engineering facts and to weigh the benefits and costs. Since there may not be a need
for sidewalks on every side of every block, a rational plan is needed. Van Milligen said that
there are no solid dates. An assessable sidewalk project is time consuming and includes a
public hearing. He wants to know if the interest is there. Braig said maps are appreciated and
favored a public hearing. The City could make exemptions, but the sidewalks are necessary
and part of the price residents pay for living in the City. Lynch was in agreement only if there is
an option for Gordon Drive residents. He said there is more of a want for the project than a
need, and he couldn’t support a blanket policy. Connors said common sense should prevail
and that giving one exemption will lead to giving many more. She reiterated that the concept of
planned and managed growth includes sidewalks. Buol concurred with Lynch adding that
Gordon Drive residents will never be able to keep the section of sidewalk on JFK Road that
abuts their property clear of snow and slush. He said that it would take a lot to convince him of
a need for a sidewalk on the Gordon Drive side of JFK Road. Motion carried 7-0.
2007 Art on the River: Communication from the Arts and Cultural Affairs Advisory
Commission requesting City Council concurrence with the selection of artwork for the 2007 Art
on the River Competition. Motion by Cline to receive and file the documents and approve.
Seconded by Connors. Motion carried 7-0.
Fiscal Year 2007 and 2008 Annual Action Plan Amendment – Economic Development
Loans: City Manager recommending approval of an amendment to the Fiscal Year 2007 and
Fiscal Year 2008 Annual Action Plans for the City’s Community Development Block Grant
(CDBG) program to provide for forgivable loans and grants for economic development
activities. Motion by Connors to receive and file the documents and adopt Resolution No. 426-
07 Approving amendment to the Fiscal Year 2007 (Program Year 2006) and Fiscal Year 2008
(Program Year 2007) Annual Action Plans for Community Development Block Grant funds.
Seconded by Lynch. Motion carried 7-0.
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RESOLUTION NO. 426-07
RESOLUTION APPROVING AMENDMENT TO THE FISCAL YEAR 2007 (PROGRAM
YEAR 2006) AND FISCAL YEAR 2008 (PROGRAM YEAR 2007) ANNUAL ACTION
PLANS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
Whereas, the City of Dubuque has prepared and approved Annual Plans for Fiscal Year
2007 (Program Year 2006) and Fiscal Year 2008 (Program Year 2007), and
Whereas, it was determined that providing economic development forgivable loans is a
change in the scope of the Annual Action Plan activities; and
Whereas, the City now desires to amend said FY 2007 and FY 2008 Annual Action Plans to
provide for economic development forgivable loans and/or grants; and
Whereas, said amendment is a substantial amendment as provided in the City's Citizen
Participation Plan and must therefore be approved by resolution of the City Council after a
public hearing by the Community Development Advisory Commission; and
Whereas, the City held a public comment period beginning June 16, 2007; and
Whereas, the Community Development Advisory Commission reviewed the proposed
amendment on July 18, 2007 and voted to approve said amendment and to recommend
approval by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amendment to the Fiscal Year 2007 (Program Year 2006) and Fiscal
Year 2008 (Program Year 2007) Annual Plans for the Community Development Block Grant
(CDBG) program will provide for forgivable loans and/or grants for economic development
activities.
Section 2. That the City Manager is hereby authorized and directed to submit a copy of this
resolution to the U. S. Department of Housing and Urban Development.
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Passed, approved and adopted this 6 day of August, 2007.
Roy D Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cottingham and Butler Development Agreement: City Manager recommending approval of a
Development Agreement with Cottingham and Butler for rehabilitation of the Security Building
located at 800 Main Street. Motion by Cline to receive and file the documents and adopt
Resolution No. 427-07 Approving a Development Agreement for Cottingham and Butler’s
Security Building project. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 427-07
APPROVING A DEVELOPMENT AGREEMENT FOR COTTINGHAM & BUTLER’S
SECURITY BUILDING PROJECT
Whereas, the City of Dubuque, Iowa, has a Memorandum of Understanding with
Cottingham & Butler, Inc. outlining an incentive package for the rehabilitation of the Security
Building; and
Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant
Program for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal
District; and
Whereas, the City of Dubuque, Iowa is encouraging the use of this loan/grant program to
finance code compliance activities and to spur job creation activities; and
Whereas, the loan application from Cottingham & Butler, Inc. meets the requirements of this
program; and
20
Whereas, it is the determination of this Council that approval of the Development Agreement
for the rehabilitation of the Property by Cottingham & Butler, Inc. according to the terms and
conditions set out in the Development Agreement is in the public interest of the City of
Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agreement with Cottingham & Butler, Inc. is hereby
accepted and approved.
Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of
the City of Dubuque, Iowa, the attached Development Agreement with Cottingham & Butler,
Inc.
Section 3.That the City Manager is hereby authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized
to disburse loan funds from the Downtown Rehabilitation Loan/Grant Program, in accordance
with the terms and conditions of the executed agreement.
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Passed, approved and adopted this 6 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Vacant/Abandoned Building Ordinance: City Manager recommending approval of an
amendment to the Vacant and Abandoned Buildings Ordinance that includes minor changes
regarding code violations and extends the period of time that the building is unoccupied from
six continuous months to twelve continuous months. 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 Connors. Motion carried 7-0. Motion by Jones for final consideration
and passage of Ordinance No. 44-07 Amending Article VII of the City of Dubuque Code of
Ordinances Licensing of Vacant and Abandoned Buildings. Seconded by Connors. Michalski
said that she is concerned about enforcement and urged the City to be committed to
enforcement. Van Milligen said that staff is working toward that commitment and will be
recommending future changes to the Ordinance. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 44-07
AMENDING ARTICLE VII OF THE CITY OF DUBUQUE CODE OF ORDINANCES
LICENSING OF VACANT AND ABANDONED BUILDINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Article VII is hereby amended to read
as follows:
Article VII Licensing of Vacant and/or Abandoned Buildings
Sec. 33-108. Definitions:
For the purpose of this article, certain terms, phrases, words and their derivatives shall
be construed as specified in either this article or as specified in the building code or the
housing code. Where terms are not defined, they shall have their ordinary accepted
meanings within the context in which they are used. Unless otherwise expressly stated
or unless the context clearly indicates a different intent, the following terms shall, for the
purpose of this article, have the following meanings:
(1) Abandoned Building: Any building or portion thereof which has stood with an
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incomplete exterior shell for six (6) months or longer or any building or portion
thereof which is unoccupied and which meets one or more of the following
criteria:
a. Is unsecured; or
b. Is in violation of the City of Dubuque Housing Code, Building Code or Fire
Code.
(2) Building Code: The International Building Code promulgated by the International
Code Council, as adopted in Section 11-1 of the City of Dubuque, Code of
Ordinances.
(3) City Manager: Includes the City Manager’s designee.
(4) Dangerous Building. Any building or structure which has any or all of the
conditions or defects hereinafter described, provided that such conditions or
defects exist to the extent that the life, health, property or safety of the public or
the occupants of the building are endangered:
a. Whenever any door, aisle, passageway, stairway or other means of exit is not
of sufficient width or size or is not so arranged as to provide safe and
adequate means of exit in case of fire or panic.
b. Whenever the walking surface of any aisle, passageway, stairway or other
means of exit is warped, worn, loose, torn or otherwise unsafe as to not
provide safe and adequate means of exit in case of fire or panic.
c. Whenever the stress in any materials, member or portion thereof, due to all
dead and live loads, is more than one and one-half (1 1/2) times the working
stress or stresses allowed on the building code for new buildings of similar
structure, purpose or location.
d. Whenever any portion thereof has been damaged by fire, earthquake, wind,
flood or by any other cause, to such an extent that the structural strength or
stability thereof is materially less than it was before such catastrophe and is
less than the minimum requirements of the building code for new buildings of
similar structure, purpose or location.
e. Whenever any portion or member or appurtenance thereof is likely to fail, or
to become detached or dislodged, or to collapse and thereby injure persons or
damage property.
f. Whenever any portion of a building, or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength or stability, or
is not so anchored, attached or fastened in place so as to be capable of
resisting a wind pressure of one half of that specified in the building code for
new buildings of similar structure, purpose or location without exceeding the
working stresses permitted in the building code for such buildings.
g. Whenever any portion thereof has wracked, warped, buckled or settled to
such an extent that walls or other structural portions have materially less
resistance to winds or earthquakes than is required in the case of similar new
construction.
h. Whenever the building or structure, or any portion thereof, is likely to partially
or completely collapse because of:
i. dilapidation, deterioration or decay;
ii. faulty construction;
iii. the removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building;
iv. the deterioration, decay or inadequacy of its foundation; or
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v. any other cause.
i. Whenever, for any reason, the building or structure, or any portion thereof, is
manifestly unsafe for the purpose for which it is being used.
j. Whenever the exterior walls or other vertical structural members list, lean or
buckle to such an extent that a plumb line passing through the center of
gravity does not fall inside the middle one third of the base.
k. Whenever the building or structure, exclusive of the foundation, shows thirty-
three (33) percent or more damage or deterioration of its supporting member
or members, or fifty (50) percent damage or deterioration of its non-supporting
members, enclosings or outside walls or coverings.
l. Whenever the building or structure has been so damaged by fire, wind,
earthquake or flood, or has become so dilapidated or deteriorated as to
become (a) an attractive nuisance to children; (b) a harbor for vagrants or
criminals, or as to (c) enable persons to resort thereto for the purpose of
committing unlawful acts.
m. Whenever any building or structure has been constructed, exists or is
maintained in violation of any specific requirement or prohibition applicable to
such building or structure provided by the building regulations of this city, as
specified in the building code or housing code, or of any law or ordinance of
this state or city relating to the condition, location or structure of buildings.
n. Whenever any building or structure which, whether or not erected in
accordance with all applicable laws and ordinances, has in any non-
supporting part, member or portion less than fifty (50) percent, or in any
supporting part, member or portion less than sixty-six (66) percent of the (a)
strength, (b) fire-resisting qualities or characteristics, or (c) weather-resisting
qualities or characteristics required by law in the case of a newly constructed
building of like area, height and occupancy in the same location.
o. Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage,
faulty construction or arrangement, inadequate light, air or sanitation facilities,
or otherwise, is determined by the health officer to be unsanitary, unfit for
human habitation or in such a condition that is likely to cause sickness or
disease.
p. Whenever any building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient fire-
resistive construction, faulty electric wiring, gas connections or heating
apparatus, or other cause, is determined by the fire marshal to be a fire
hazard.
q. Whenever any building or structure is in such condition as to constitute a
public nuisance known to the common law or in equity jurisprudence.
r. Whenever any portion of a building or structure remains on a site after the
demolition or destruction of the building or structure or whenever any building
or structure is abandoned for a period in excess of six (6) months so as to
constitute such building or portion thereof an attractive nuisance or hazard to
the public.
(5) Fire Code: International Fire Code, 2003 edition, as adopted by Chapter 19 of
the City of Dubuque, Code of Ordinances.
(6) Housing Code: The City of Dubuque Residential Housing Code, as adopted in
Section 26-1 of the City of Dubuque, Code of Ordinances.
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(7) Nuisance: Each of the following shall be defined as a "nuisance":
a. Any public nuisance known at common law or in equity jurisprudence.
b. Any attractive nuisance which may prove detrimental to persons whether in a
building, on the premises of a building, or upon an unoccupied lot.
c. Whatever is dangerous to human life or is a menace to the public health,
welfare or safety as determined by the City Manager.
d. A building that is structurally unsafe, unsanitary or not provided with adequate
safe egress, or that constitutes a fire hazard, or otherwise constitutes a
hazard by reason of inadequate maintenance, dilapidation or obsolescence or
abandonment.
e. Uncleanliness to the risk of unhealthiness, as determined by the City
Manager.
f. Whatever renders air, food or drink unwholesome or detrimental to the health
of human beings, as determined by the City Manager.
(8) Vacant Building: Any building or separate portion of a building as determined by
the City Manager or the City Manager’s designee which is:
a. Unoccupied and unsecured;
b. Unoccupied and secured by means other than those used in the design of the
building;
c. Declared a dangerous building as defined in (4) above;
d. Unoccupied and unfit for occupancy as determined by the City Manager;
e. Unoccupied and has housing, building, fire, health or zoning code violations;
f. Unoccupied for a continuous period of time over twelve (12) months;
g. Unoccupied and open to vagrants, vandals, children or the unwary;
h. Unoccupied and not maintained by owner or responsible party; or
i. Unoccupied and not receiving service by public utilities.
Sec. 33-109: Vacant and/or Abandoned Building License:
No person or business shall maintain a vacant or abandoned building as defined by this
Code, in the City unless such person or business holds a current unrevoked abandoned
or vacant building license, issued by the City Manager, in the name of the
owner/operator for the specific named building.
Sec. 33-110. Registration:
The owner shall register a vacant or abandoned building with the City Manager not later
than thirty (30) calendar days after any building in the City becomes abandoned or
vacant as defined in this chapter. Failure to register an abandoned or vacant building or
providing false information to the City Manager shall be a violation of this chapter.
The registration shall include the following information:
(1) A description of the premises;
(2) The names and addresses of the owner or owners;
(3) The names and addresses of all known lien holders and all other parties with an
ownership interest in the building;
(4) The name of the agent designated to act on the behalf of an out-of-town property
owner to accept legal processes and notices, and to authorize repairs as
required; and
(5) The period of time the building is expected to remain vacant and/or a plan and
timetable to comply with applicable city codes.
Sec. 33-111. Fees:
The owner of a vacant or abandoned building shall pay an annual fee reasonably
related to the administrative cost of registering and processing the registration form and
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the costs of the city in monitoring and inspecting the property and established by the
City Manager and shall be paid in full prior to the issuance of any permits or acceptance
of the registration form for the subject property.
Sec. 33-112. Terms of Licenses:
(1) Every license issued under this division shall expire on December 31 of the year
in which issued and shall become delinquent on March 31 of the year due.
(2) Upon application a license may be renewed and remain effective for successive
periods of one calendar year unless sooner revoked at any time by the City
Manager for noncompliance with any applicable provisions of this Code.
(3) Licenses may be transferred from one person or business to another provided
notice of the transfer is given in writing within five (5) working days of the transfer,
to the City Manager.
(4) Licenses shall not be transferable from one building to another.
(5) Every person or business holding a license shall give notice in writing to the City
Manager within five (5) working days after having transferred or otherwise
disposed of the legal control of the licensed building. Such notice shall include
the name and address of the persons or businesses succeeding to the ownership
or control of such licensed building.
Sec. 33-113. Inspections:
The owner shall allow inspection of the building by City representatives upon request
and shall allow annual inspection of the interior and exterior of the premises for the
purpose of enforcing and assuring compliance with the provisions of this chapter and
the housing, building and fire Codes.
Sec. 33-114. Renewal Licenses:
The City Manager is hereby authorized to issue and renew vacant or abandoned
building licenses for specific buildings, in the names of the applicant owners, operators
or managers, provided the following criteria are met:
(1) The building for which the license is sought is warranted by the owner or operator
to substantially comply with applicable provisions of this code.
(2) The owner or operator legally authorized and responsible for maintenance of the
building for which a vacant or abandoned building license is sought shall first
make application therefore on an application provided by the City Manager.
(3) All fees required by this Code pursuant to the issuance of a vacant or abandoned
building license are paid in full to the City.
(4) The applicant shall designate a responsible agent to represent the
owner/operator whenever the said applicant is not available for maintenance of
the building for which a license is sought. Said agent shall have full authority and
responsibility, the same as the owner/operator, for maintaining the building.
Sec. 33-115. Renewal, Penalty for Failure to Renew License:
An application for renewal of a vacant or abandoned building license may be made
within sixty (60) days prior to the expiration of an existing operating license. Application
for renewal of vacant or abandoned building licenses shall be due on January 1.
Application may be made and license fees paid until March 31 without penalty. Each
day that the owner fails to renew such license as required by this Article shall constitute
a separate violation for which a municipal infraction citation may be issued.
Sec. 33-116. Revocation, Reinstatement Measures:
If a vacant or abandoned building license is revoked by the City Manager for
noncompliance with any applicable provisions of this Code, the owner/operator of the
building shall be given thirty (30) days to comply with the provisions of this Code.
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Extensions of such thirty-day period may be granted at the discretion of the City
Manager. Upon expiration of the thirty-day period, or any extension thereof, if the
building continues to be noncompliant, a municipal infraction will be issued.
Sec. 33-117. Relationship of License to Other Codes:
The issuance of any license for any vacant or abandoned building shall not in any way
signify or imply that the building conforms with the Iowa State Building Code or the
housing, building, zoning, fire ordinances or other ordinances of the City. The issuance
of a license shall not relieve the owner or operator of the responsibility for compliance
with said applicable housing, building, zoning, fire or other applicable codes and
ordinances.
Section 2. This ordinance shall take effect upon publication.
th
Passed, approved and adopted this 6 day of August, 2007.
/s/ Roy D. Buol, Mayor
Attest: /s/ Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 10 day of August, 2007.
/s/ Jeanne F. Schneider, CMC, City Clerk
1t 8/10
Second Amendment to Port of Dubuque Public Parking Facility Development Agreement:
City Manager recommending approval of the second amendment to the Port of Dubuque
Public Parking Facility Development Agreement. Motion by Cline to receive and file the
documents and adopt Resolution No. 428-07 Approving the Second Amendment to the Port of
Dubuque Public Parking Facility Development Agreement. Seconded by Michalski. Motion
carried 7-0.
RESOLUTION NO 428-07
RESOLUTION APPROVING THE SECOND AMENDMENT TO THE PORT OF DUBUQUE
PUBLIC PARKING FACILITY DEVELOPMENT AGREEMENT
WHEREAS, the City of Dubuque, Iowa, a municipal corporation of the State of Iowa (the
"City") and Diamond Jo, LLC (f/k/a DJ Gaming Company, LLC), a Delaware limited liability
company ("DJ"), are parties to a Port of Dubuque Public Parking Facility Development
Agreement dated as of February 5, 2007 (the "Original Development Agreement"), as
amended by that First Amendment to Port of Dubuque Public Parking Facility Development
Agreement approved by the City Council of the City on May 21, 2007 (the "First Amendment")
(the Original Development Agreement as amended by the First Amendment shall be referred
to herein as the "Development Agreement"); and
Whereas, City and DJ now desire to further amend the Development Agreement as set forth
in attached Second Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Second Amendment to the Port of Dubuque Public Parking Facility
Development Agreement is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute said Second
Amendment on behalf of the City of Dubuque and the City Clerk is authorized and directed to
attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to
implement the terms of the Second Amendment as herein approved.
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Passed, approved and adopted this 6 day of August, 2007.
Roy D. Buol, Mayor
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Attest: Jeanne F. Schneider, City Clerk
COUNCIL MEMBER REPORTS
Mayor Buol acknowledged the presence of Girl Scout Troop 7264. Braig commended the troop
for doing a good job. Van Milligen introduced Administrative Intern Cori Burbach.
There being no further business, upon motion the meeting was adjourned at 8:36 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
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