8 20 07 City Council Proceedings Official
CITY OF DUBUQUE
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on August 20, 2007, in the Public
Library Auditorium.
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen; Assistant City Attorney Brumwell
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
Invocation was provided by Sr. Peggy Nolan, BVM
PROCLAMATION
Irish Hooley Day (August 25, 2007) was accepted by Maureen and Ken Siegert, 13710 Old
Highway Road
CONSENT ITEMS
Motion by Cine to receive and file the documents and dispose of as indicated. Seconded by Lynch.
Michalski requested (#10) Riverwalk Security Camera System Agreement be held for separate
discussion. Motion carried 7-0.
Minutes and Reports Submitted: Airport Commission of 6/5; Building Code Board of Appeals of
6/19; Cable Community Teleprogramming Commission of 7/10; City Council of 8/6; Civil Service
Commission of 7/5; Human Rights Commission of 7/9; Zoning Advisory Commission of 7/5; Zoning
Board of Adjustment of 7/26
Proof of publication of City Council Proceedings of July 16, 2007
Upon motion the documents were received and filed.
Notice of Claims/Suits: Shane Flesher for vehicle damage; Kris Hall for property damage; Robert
D. Jungblut, Jr. for property damage; Scott Kernall for property damage; Kara Larson for property
damage; Joan Sanders for personal injury; Mark Snyder for property damage; St. Paul Lutheran
Church for property damage. Upon motion the documents were received, filed, and referred to the
City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk Services of
Iowa, the agent for the Iowa Communities Assurance Pool: John and Valerie Herber for property
damage; Anthony Rokusek for property damage; Joan Sanders for personal injury; Shane Flesher for
vehicle damage; St. Paul Lutheran Church for property damage
City Attorney recommending that the claims of Robert D. Jungblut, Jr., Mark Snyder, Kara Larson,
Kris Hall, and Scott Kernall for property damage be referred to Tricor Insurance and Financial
Services, insurer for Fred Jackson Tuckpointing.
Upon motion the documents were received, filed, and concurred.
All America City Award: Communication from Congressman Bruce Braley congratulating the City of
Dubuque on receiving the All America City Award.
Communication from Richard A. Anderson, Mayor of Asbury, congratulating the City of Dubuque
on receiving the All America City Award. Upon motion the documents were received and filed.
Civil Service Commission: Civil Service Commission submitting the certified list for the position of
Laboratory Technician. Upon motion the documents were received, filed and made a Matter of
Record.
Purchase of Property – 507 Rhomberg Avenue: City Manager recommending approval of the
purchase of a residential dwelling located at 507 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. 429-07 Approving the acquisition of real estate located at
507 Rhomberg Avenue in the City of Dubuque was adopted.
RESOLUTION NO. 429-07
RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 507
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 twenty fourth 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 14 in Smedley’s Subdivision in the City of Dubuque, Iowa, according to the recorded plat
thereof, at the cost of Fifty nine thousand dollars ($59,000).
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 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 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 20 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Purchase of Property – 2320 Washington Street: City Manager recommending approval of the
purchase of a residential dwelling located at 2320 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. 430-07 Approving the acquisition of real estate located at
2320 Washington Street in the City of Dubuque was adopted.
RESOLUTION NO. 430-07
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2320
WASHINGTON STREET, IN THE CITY OF DUBUQUE
WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the
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Bee Branch Creek Restoration Project for storm water 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-third 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 50 feet of Lot 1 of Lot 105 in L.H. Langworthy’s Addition to
Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof, at the cost of One
hundred eight thousand dollars ($108,000).
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 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 is hereby directed to forward a copy of this Resolution to the
Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 20th day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Fiber Optic Conduit-Phase I Project: City Manager recommending acceptance of the Fiber Optic
Conduit – Phase I Project as completed by Volkens Excavating, Inc., in the final contract amount of
$219,666.25. Upon motion the documents were received and filed and Resolution No. 431-07
Accepting the Fiber Optic Conduit System-Phase I Project and authorizing the payment of the
contract amount to the contractor was adopted.
RESOLUTION NO. 431-07
ACCEPTING THE FIBER OPTIC CONDUIT SYSTEM – PHASE I PROJECT AND AUTHORIZING
THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Fiber Optic Conduit System – Phase I 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 CIP
540815/2901537: Municipal Services Center Fiber Optic Conduit, CIP 010A06/1001063: Fiber Optic
System for Fire Stations, CIP 050217/6001218: Fiber Optic Connections for Transit, and CIP
010285/1001017: Fiber Optic Conduit Project appropriation for the contract amount of $219,666.25
less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay
such retainage only in accordance with the provisions of Iowa Code chapter 573.
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Passed, approved and adopted this 20 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE FIBER OPTIC CONDUIT
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SYSTEM – PHASE I PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Fiber Optic Conduit System – Phase I 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 $229,654.50.
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Dated this 20 day of August, 2007.
/s/Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 20 day of August, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
Downtown Design Guideline Manual: City Manager recommending approval of a Certified Local
Government (CLG) grant application for the Downtown Dubuque Design Guidelines Manual in the
amount of $25,000. Upon motion the documents were received and filed and Resolution No. 432-07
Approving submittal of a CLG Grant Application to the State Historical Society of Iowa for Downtown
Dubuque Design Guidelines Manual was adopted.
RESOLUTION NO. 432-07
RESOLUTION APPROVING SUBMITTAL OF A CLG GRANT APPLICATION FUNDS TO THE
STATE HISTORICAL SOCIETY OF IOWA FOR DOWNTOWN DUBUQUE DESIGN GUIDELINES
MANUAL.
Whereas, the State Historical Society of Iowa has Certified Local Government (CLG) grant funds
available for the preservation and interpretation of Iowa’s historic and cultural resources; and
Whereas, the City of Dubuque has an adopted Comprehensive Plan with goals and objectives for
the preservation and interpretation of the community’s historic and cultural resources ; and
Whereas, the City of Dubuque has adopted the Downtown Dubuque Master Plan and
implementation of the plan includes the creation of design guidelines for the downtown.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Planning Services Manager is authorized to sign and submit this application to
the State Historical Society of Iowa for CLG Grant Funds for the Downtown Dubuque Design
Guidelines Manual.
Section 2. That the City of Dubuque agrees to abide by all local, state and federal requirements
applicable to the proposed budget.
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Passed, approved and adopted this 20 day of August 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Traffic Safety Improvement Program Funding: City Manager recommending approval to file a joint
grant application with the Iowa Department of Transportation for Traffic Safety Improvement Program
funding for IA 32 (Northwest Arterial) at the Asbury Road intersection. Upon motion the documents
were received and filed and Resolution No. 433-07 Authorizing the filing of a Joint Grant Application
with the Iowa Department of Transportation for Traffic Safety Improvement Funding for the City of
Dubuque IA 32 (Northwest Arterial) and Asbury Road intersection was adopted.
RESOLUTION NO. 433-07
RESOLUTION AUTHORIZING THE FILING OF A JOINT GRANT APPLICATION WITH THE IOWA
DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SAFETY IMPROVEMENT FUNDING FOR
THE CITY OF DUBUQUE IA 32 (NORTHWEST ARTERIAL) & ASBURY ROAD INTERSECTION
Whereas, the increasing growth of traffic volumes, along with operational and safety concerns, at
the IA 32 (Northwest Arterial) at Asbury Road intersection in the City of Dubuque could be improved
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by intersection and traffic signal improvements; and
Whereas, the City of Dubuque and the Iowa Department of Transportation (Iowa DOT) have
determined that improvements to this intersection, as recommended in the traffic operations studies
of the Northwest Arterial from US 20 to US 52 as provided by HDR Engineering, Inc. and Dubuque
Metropolitan Area Transportation Study (DMATS) Long-Range Transportation Plans, will improve
traffic flow; and
Whereas, the City of Dubuque is seeking the necessary funding for project implementation, and
upon completion, in cooperation with the Iowa Department of Transportation, be responsible for
adequately maintaining and operating the project for public use during the project’s useful life.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA, THAT:
Section 1. The City makes joint grant application with the Iowa Department of Transportation for
funds through the Traffic Safety Improvement Program to fund the IA 32 (Northwest Arterial) and
Asbury Road Intersection.
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Passed, approved and adopted this 20 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Riverwalk Security Camera System Agreement: City Manager recommending authorization to
negotiate and execute an agreement with Platinum Hospitality Group, LLC for the installation,
operation and maintenance of the Riverwalk Security Camera System equipment. Motion by
Michalski to receive and file the documents and approve. Seconded by Connors. Michalski noted that
she’s received many calls over the years about this issue and realizes vandalism is increasing. This is
an excellent idea that is needed to maintain the facility. Motion carried 7-0.
Assistance to Firefighter Grant Application: City Manager recommending approval of the submittal
of a Department of Homeland Security Assistance to Firefighters Grant for thermal imager units for
each of the front-line fire units and training for a total cost of $80,000. Upon motion the documents
were received, filed, and approved.
Wireless Network: City Manager recommending approval of a contract with Racom for the
installation of 16 wireless network sites that will be connected to the fiber optic network that is City-
owned or controlled to provide sufficient speed for data for the Fire Department Mobile Digital
Terminal application. Upon motion the documents were received, filed, and approved.
PEG Capital Grant Expenditure Requests: City Manager recommending approval of the Cable TV
Tele-Programming Commission recommendations for funding from the Public, Educational, and
Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $8,500 for
Wahlert High School for a variety of equipment including cameras and wireless microphones and
$4,800 for the access community at large for a camera jib and supporting equipment. Upon motion
the documents were received, filed, and approved.
Tobacco Compliance – Civil Penalties for Tobacco Permit Holders: City Manager recommending
acceptance and approval of Acknowledgement/Settlement Agreements for a first violation for Oky
Doky, 1256 Iowa Street and HyVee #3, 300 South Locust Street; and a second violation for HyVee
#3, 300 South Locust Street; Beecher Company, 1691 Asbury Road; and Eagle Country Market,
1800 Elm Street. Upon motion the documents were received, filed, and approved.
Legislative Correspondence: Communication to area legislators transmitting an article from
Dubuque Main Street’s monthly newsletter on “Why Are Downtowns Important.”
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Communication to Representative Ray Zirkelbach welcoming him home and transmitting an article
from Dubuque Main Street’s monthly newsletter on “Why Are Downtowns Important.”
Upon motion the documents were received, filed, and approved.
Fire Chief Dan Brown: City Manager advising that Fire Chief Dan Brown has been reappointed to
the Fire Service and Emergency Response Council by Governor Chet Culver. Upon motion the
documents were received and filed.
John F. Kennedy Road from Asbury Road to the Northwest Arterial – Sidewalks: City Manager
advising that Kennedy Manor Apartments (2671 Owen Court) will proceed with the installation of
approximately 590 feet of sidewalk along its property on John F. Kennedy Road. Upon motion the
documents were received and filed.
Purchase of Property from Plastic Center, Inc.: City Manager recommending approval of the
purchase of 828 square feet of property from Plastic Center, Inc. at the corner of White Street and US
Hwy 61 for the construction of a Port of Dubuque sign. Upon motion the documents were received,
filed, and approved.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Upon motion the
documents were received and filed and Resolution No. 434-07 Approving public improvement
contracts and bonds for Five Flags Sidewalk and Lighting Replacement Project; Port of Dubuque-Ice
Harbor Transient Boat Dock Facility Project; York and Curtis Street Storm Sewer Improvements
Project; Pedestrian Wayfinding Sign System Project; Fifth and White Street Gateway Sign Project;
Kaufmann Avenue Alley Storm Sewer Construction Project; Decorative Concrete Repair and
Maintenance Project was adopted.
RESOLUTION NO. 434-07
APPROVING PUBLIC IMPROVEMENT CONTRACTS AND BONDS
Whereas, the City Council has awarded the following public improvement contracts:
1. By Resolution No. 423-07, Public Improvement Contract for the Five Flags Sidewalk and
Lighting Replacement Project; and
2. By Resolution No. 374-07, Public Improvement Contract for the Port of Dubuque – Ice
Harbor Transient Boat Dock Facility Project; and
3. By Resolution No. 381-07, Public Improvement Contract for the York and Curtis Streets
Storm Sewer Improvement Project; and
4. By Resolution No. 364-07, Public Improvement Contract for the Pedestrian Wayfinding Sign
System Project; and
5. By Resolution No. 380-07, Public Improvement Contract for the Kaufmann Avenue Alley
Storm Sewer Construction Project; and
6. By Resolution No. 375-07, Public Improvement Contract for the Decorative Concrete Repair
and Maintenance Project; and
7. Public Improvement Contract for the Fifth and White Streets Gateway Sign 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 20 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Request for Proposals for North Fork Catfish Creek Sanitary and Storm Water Drainage
Improvement Project: City Manager recommending approval of the issuance of a Request for
Proposals for the North Fork Catfish Creek Sanitary and Storm Water Drainage Improvement Project.
Upon motion the documents were received, filed, and approved.
Business Licenses: City Manager recommending approval of annual liquor license renewals as
submitted. Upon motion the documents were received and filed and Resolution No. 435-07 Granting
the issuance of a Class “B” Beer License (5-Day Special Event) to Music N More Promotions,
Riverfest Special Events, and Grand Harbor Resort; and a Class “C” Beer Permit to Oky Doky #6,
Clark of Dubuque, Kwik Stop Food Mart, and Family Mart; and Resolution No. 436-07 Granting the
issuance of a Class “C” Beer/Liquor License to Rudy’s Tacos, Clarke College, Courtside Sports Bar,
Los Aztecas Mexican Restaurant; a Class “B” Wine Permit to Oky Doky #8 and Family Mart, Inc.; and
a Class “B” Native Wine Permit (WBN) to Mandolin Inn and Kwik Stop Food Mart were adopted.
RESOLUTION NO. 435-07
Whereas, applications for Beer Permits have been submitted and filed to this Council for approval
and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to comply
with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Manager be authorized to cause to be issued the following named applicants a Beer
Permit.
CLASS “ B” BEER LICENSE( 5-DAY SPECIAL EVENT)
rd
Scott Riedl Music N More Promotions 350 E 3 Street
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Riverfest, Inc. Riverfest Special Events+(Sunday Sale) 7 & Town Clock
Platinum Holdings Grand Harbor Resort 350 Bell-prk lot grass area
CLASS “C” BEER PERMIT
TFM Com Oky Doky # 6+(Sunday Sale) 1256 Iowa Street
CSC Gas, Inc. Clark of Dubuque+(Sunday Sale) 700 Rhomberg
Rainbo Oil Kwik Stop Food Mart+(Sunday Sale) 2255 Kerper Blvd
Family Mart, Inc. Family Mart+(Sunday Sale) 3201 Central
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Passed, approved and adopted this 20 day of August 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 436-07
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
Mk 1234, LC Rudy’s Tacos-DBQ+(Sunday Sale) 4029 Pennsylvania
Clarke College Clarke College+(Sunday Sale) 1550 Clarke Drive
Courtside, Inc. Courtside Sports Bar+(Sunday/Outdoor 2095 Holiday Drive
Sale)
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Famolo of Iowa Los Aztecas Mexican Restr.+(Sunday Sale) 2700 Dodge Street
CLASS “B” WINE
TFM Co. Oky Doky # 8 1256 Iowa Street
Family Mart, Inc. Family Mart, Inc. 3201 Central Avenue
CLASS “B” NATIVE WINE PERMIT(WBN)
Mandolin Inn, Inc Mandolin Inn 199 Loras Blvd.
Rainbo Oil Company Kwik Stop Food Mart 2255 Kerper Blvd.
Passed, approved and adopted this 20th day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, set the public hearings as indicated, and direct
the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7-0.
Raven Oaks – Request to Vacate: City Manager recommending that a public hearing be set for
September 4, 2007 to consider a request from Kluck Construction to vacate a portion of Raven Oaks
Drive abutting Lot 4 of Raven Oaks No. 2. Upon motion the documents were received and filed and
Resolution No. 437-07 Resolution of Intent to vacate and dispose of City interest in Lot 4A of Raven
Oaks No. 2 in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on September 4, 2007, in Public Library Auditorium.
RESOLUTION NO. 437-07
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 4A OF
RAVEN OAKS NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Kluck Construction has requested the vacating and disposal of a portion of Raven Oaks
Drive; and
Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the
vacated portion of Raven Oaks Drive and assigned lot number thereto, which hereinafter shall be
known and described as Lot 4A of Raven Oaks No. 2 in the City of Dubuque, Dubuque County, Iowa,
should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot 4A of
Raven Oaks No. 2 in the City of Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot 4A of Raven Oaks No. 2 in the City of Dubuque, Dubuque
County, Iowa, to Kluck Partnership be contingent upon the payment of $3,244.00, plus platting,
publication, and filing fees.
Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent
to vacate and dispose of said real estate to be published in the manner as prescribed by law.
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Passed, approved and adopted this 20 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Vacation and Sale of Undeveloped Alley: City Manager recommending that a public hearing be set
for September 4, 2007, to consider the vacation and sale of an undeveloped alley near the old
Dubuque Meat Packing Plant to SB Development, LLC. Upon motion the documents were received
and filed and a public hearing was set for September 4, 2007, at a meeting to commence at 6:30 p.m.
in Public Library Auditorium.
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Town Clock Renovation Project: City Manager recommending initiation of the public bidding
process for the Town Clock Renovation Project and that a public hearing be set for September 4,
2007 to consider approval of the plans and specifications, form of contract, and estimated cost. Upon
motion the documents were received and filed and Resolution No. 438-07 Preliminary approval of
plans and specifications; Resolution No. 439-07 Setting date of hearing on plans and specifications;
and Resolution No. 440-07 Ordering the advertisement for bids were adopted setting a public hearing
for a meeting to commence at 6:30 p.m. on September 4, 2007, in Public Library Auditorium.
RESOLUTION NO. 438-07
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE TOWN CLOCK RENOVATION 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 Town Clock
Renovation Project, in the estimated amount of $165,000, are hereby preliminarily approved and
ordered filed in the office of the City Clerk for public inspection.
Passed, adopted and approved this 20th day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 439-07
FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST FOR THE TOWN CLOCK RENOVATION PROJECT
Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval to the
proposed plans, specifications, form of contract, and estimated cost for the Town Clock Renovation
Project and ordered the same to be on file in the office of the City Clerk for public inspection.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That a public hearing will be held on the 4th day of September, 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.
Passed, adopted and approved this 20th day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 440-07
ORDERING THE ADVERTISEMENT FOR BIDS FOR THE TOWN CLOCK RENOVATION
PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the Town Clock Renovation Project is hereby ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in
an amount which shall conform to the provisions of the Notice to Bidders hereby approved.
That the City Clerk is hereby directed to advertise for bids for the construction of the improvements
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herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having
general circulation in the City of Dubuque, Iowa, which notice shall be published more than twenty
days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 20th day of
September, 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 the City Council meeting to be held at 6:30 p.m. on the 1st day of
October, 2007, in the Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa.
Passed, adopted and approved this 20th day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Applications for the following boards and commissions were reviewed: Civil Service Commission
(Mayor’s Appointment); One 4-year vacant term through April 6, 2008 – Term of Wertzberger.
Applicants: John Stevens, Paula Gieseman.
Zoning Advisory Commission: One 3-year vacant term through July 1, 2009 – Term of Bichell.
Applicant: Charles Miller
Appointments were made to the following boards and commissions: 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 1, 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). Motion by Connors to appoint John Schwendinger to a 3-year expired term
through August 1, 2010; James Kolf to a 3-year expired term through August 1, 2010; Chuck Carr to
a 3-year expired term through August 1, 2009; and Richard Luchsinger to a 3-year expired term
through August 1, 2009. Seconded by Jones. Motion carried 7-0.
Housing Commission: Three 3-year expired terms through August 17, 2010 (Terms of Eddy,
Kapler, and Schwendinger); One 3-year vacant term through August 17, 2009 (Term of Savage).
Applicants: Char Eddy, Erica Johnson, Judie Root, Dorothy Schwendinger, OSF, David Kapler-
Additional Applicant. Upon vote Char Eddy was appointed to a 3-year term through August 17, 2010;
Judie Root was appointed to a 3-year term through August 17, 2010; Dorothy Schwendinger was
appointed to a 3-year term through August 17, 2010; and David Kapler was appointed to a 3-year
vacant term through August 17, 2009.
Transit Board of Trustees: One 3-year expired term through July 30, 2010 (Term of Stedman).
Applicants: Harry Bemis, Ruth Scharnau, Don Stedman. Upon vote Ruth Scharnau was appointed to
a 3-year expired term through July 30, 2010.
SUSPEND THE RULES
Upon motion the rules were suspended allowing anyone to address the City Council.
PUBLIC HEARINGS
Planned Unit Development District Amendment – Pleasant View Estates: Proof of publication on
notice of hearing to consider an amendment to the Pleasant View Estates Planned Unit Development
District (PUD) by removing Section 2(G) from Ordinance 51-90 regarding time limitation for
development as requested by Ron Herrig/John Herrig/Joseph Bitter and Zoning Advisory Commission
recommending denial. John Herrig, 13750 Surrey Lane, spoke in favor of deleting the time restraint
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condition required for their development noting that it is contrary to good development, which
provides a tax base and contributes to local economic development. He informed Council that
litigation is pending with the homeowners association that governs the current eight units and may
affect the remaining development. Planning Services Manager Laura Carstens provided a staff report
stating that there has been no development on this project since 1994 and Council does not need to
consider the litigation issue. She said that a time limitation on development is very difficult to enforce.
Zoning Advisory Commission Vice Chairperson Jeff Stiles said that the Commission’s concern with
the dormancy of the project and the possibility of current units falling into disrepair caused them to
bring it to Council. Homeowners Association Attorney Jennifer Clemens, 2080 South Park, spoke on
behalf of the owners of the original eight units. She said that the residents claim the ability to vote on
the entire development and want to know how far into the development their property control goes.
Ms. Clemens recommended denial of the request stating that more information will come out of the
litigation. Council Members questioned the difference between their taking away the time limitation
and denying the request since the developer has only to submit a new design, which will cause the
development to stay inactive as it has since 1994 because the City is not enforcing the time limitation.
Council concurred that the developer needs to address the issue. Motion by Michalski to table.
Seconded by Connors. Motion passed 4-3 with Lynch, Braig, and Cline voting Nay.
Bies Drive – Rezoning Amendment: Proof of publication on notice of hearing to consider an
amendment to Ordinance No. 56-01 to allow permanent vehicle access onto Bies Drive as requested
by Roger Klauer and Zoning Advisory Commission recommending approval. Motion by Michalski to
receive and file the documents and that the requirement that a proposed ordinance be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Jones. Roger Klauer, 381 Moore Heights, spoke in favor of the
amendment. Planning Services Manager Laura Carstens provided a staff report stating that any
configuration requires departmental reviews and no public comment had been received. Motion by
Michalski for final consideration and passage of Ordinance No. 45-07 Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending hereinafter described
property located along Bies Drive from C-3 General Commercial District with conditions to C-3
General Commercial District, with conditions. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 45-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY AMENDING HEREINAFTER DESCRIBED PROPERTY
LOCATED ALONG BIES DRIVE FROM C-3 GENERAL COMMERCIAL DISTRICT WITH
CONDITIONS TO C-3 GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is
hereby amended by reclassifying the hereinafter-described property as shown in Exhibit A, and to the
centerline of the adjoining public rights-of-way, all in the City of Dubuque, Iowa, from C-3 General
Commercial, with conditions, to C-3 General Commercial, with conditions.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by law.
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Passed, approved and adopted this 20 day of August, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of rezoning of the
property described as shown in Exhibit A: Shown in Exhibit A on file in the City Clerk’s Office, and to
the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa, which is the
subject of Ordinance No. 45-07, a copy of which is attached hereto and incorporated herein by
reference, the undersigned property owners, agree to the following conditions, all of which the
property owner further agrees are reasonable and are imposed to satisfy public needs which are
caused directly by the rezoning:
A) Performance Standards: The following performance standards shall apply to the subject
property:
1) That access to Kebbie Drive to the commercial property be eliminated.
2) That a 20-foot wide green space buffer be provided along the common boundary with the
R-1 Single-Family Residential zoning district.
3) That a six (6) foot high stockade fence with 100% opacity be installed and arborvitae
planted along the fence with five (5) feet spacing and a minimum of three (3) feet in
height at planting along the common boundary with the R-1 Single-Family Residential
District.
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning
reclassification proceedings to the R-4 Multi-Family Residential Zoning District (which rezoning
will include the removal of the performance standards in Section A above) if the property
owner fails to complete any of the conditions or provisions of this Agreement.
C) Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Zoning Ordinance governing
zoning reclassifications. All such modifications must be approved by the City Council of
Dubuque, Iowa.
D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as
a permanent record of the conditions accepted as part of this rezoning approval within thirty
(30) days of the adoption of Ordinance No. 45-07.
E) Construction. This Agreement shall be construed and interpreted as though it were part of
Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning
Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and
assignees.
ACCEPTANCE OF ORDINANCE NO. 45-07
I, Roger G. Klauer, joint property owner, having read the terms and conditions of the foregoing
Ordinance No. 45-07 and being familiar with the conditions thereof, hereby accept this same and
agree to the conditions required therein.
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Dated in Dubuque, Iowa this 9 day of September, 2007.
/s/ Roger G. Klauer
ACCEPTANCE OF ORDINANCE NO. 45-07
I, Kathleen M. Sullivan, joint property owner, having read the terms and conditions of the foregoing
Ordinance No. 45-07 and being familiar with the conditions thereof, hereby accept this same and
agree to the conditions required therein.
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Dated in Dubuque, Iowa this 9 day of September, 2007.
/s/ Kathleen M. Sullivan
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ACCEPTANCE OF ORDINANCE NO. 45-07
I, Pamela A. Triolo, joint property owner, having read the terms and conditions of the foregoing
Ordinance No. 45-07 and being familiar with the conditions thereof, hereby accept this same and
agree to the conditions required therein.
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Dated in Dubuque, Iowa this 10 day of September, 2007.
/s/ Pamela A. Triolo
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Published officially in the Telegraph Herald the 21 day of September, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
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427/429 Rhomberg Avenue – Request to Rezone: Proof of publication on notice of hearing to
consider rezoning property located at 427/429 Rhomberg Avenue and Parcel #10-24-216-012 from R-
2 Two-Family Residential District to OC Office Commercial District and C-3 General Commercial
District as requested by Rich Billmeyer/John Mihalakis and Zoning Advisory Commission
recommending denial.
Communication from Elena Winter representing East Street and Rich Billmeyer/John Mihalakis
requesting this item be removed from consideration.
Petition in opposition to the rezoning of 427 / 429 Rhomberg Avenue.
Disposal of Previously Vacated Alley: Proof of publication on notice of hearing to consider approval
of the disposition of the City’s interest in Lot 19A of Union Avenue Subdivision to Greg F. and Dawn
M. Swift and City Manager recommending approval. Motion by Cline to receive and file the
documents and adopt Resolution No. 441-07 Disposing of City interest in Lot 19A of Union Avenue
Subdivision in the City of Dubuque, Dubuque County, Iowa. Seconded by Connors. Motion carried 7-
0.
RESOLUTION NO. 441-07
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 19A OF UNION AVENUE SUBDIVSION IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on
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this 10 day of August, 2007, the City Council of the City of Dubuque, Iowa met on the 20 day of
August, 2007, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque
County, Iowa to consider the proposal for the sale of real estate described as: Lot 19A of Union
Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or
written to the proposal to sell such real estate, except for easement as noted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the sale of City of Dubuque real property described as Lot 19A of Union Avenue
Subdivision in the City of Dubuque, Dubuque County, Iowa, to Greg F. and Dawn M. Swift be and the
same is hereby approved for the sum of $100.00 for publication and filing fees. Conveyance shall be
by Quit Claim Deed.
Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City
Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Greg F. and
Dawn M. Swift upon receipt of the purchase price in full.
Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of
this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County
Auditor.
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Passed, approved and adopted this 20 day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Individual Historic Designation – 40-42 Main: Proof of publication on notice of hearing to consider
approval of the Individual Historic Designation of 40-42 Main Street and City Manager recommending
that the public hearing be tabled to October 1, 2007. Motion by Cline to receive and file and table.
Seconded by Lynch. Motion carried 7-0.
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Convention and Visitors Bureau Quarterly Report: Sue Czeshinski provided the Convention and
Visitors Bureau quarterly report. She highlighted the hiring of Director of Sales Keith Rahe, and
Regional Sales Manager Zoe Pole, Hospitality Patrol, major convention business leads, FAM Tours,
Rockford sales blitz, arts and culture packages, and customer Internet availability at the Welcome
Center. Buol said it’s been a tremendous quarter for the Chamber. Connors said through personal
experience what a good job the Hospitality Patrol does. Michalski asked if the Chamber was
promoting area golf and casinos in response to the new Iowa City combination golf/casino facility.
Motion by Cline to receive and file. Seconded by Connors. Motion carried 7-0.
Henschel – McNamer Place, Plat #3: Zoning Advisory Commission recommending approval of the
final plat of Henschel – McNamer Place, Plat #3 subject to waiving lot frontage requirements for Lot 1.
Motion by Michalski to receive and file the documents and adopt Resolution No. 442-07 Approving
the final plat of Henschel – McNamer Place, Plat # 3. Motion carried 7-0.
RESOLUTION NO. 442-07
RESOLUTION APPROVING THE FINAL PLAT OF HENSCHEL-MCNAMER PLACE PLAT # 3
Whereas, there has been filed with the City Clerk a Final Plat of Henschel-McNamer Place Plat #3
in the City of Dubuque; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission and 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 to have 0
feet of frontage, where 50 feet of lot frontage is required.
Section 2. That the Final Plat of Henschel-McNamer Plat #3 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 Plat of Survey.
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Passed, approved and adopted this 20 day of August 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Players Bar: City Manager recommending approval of the issuance of a six-month license to
Players, 1902 Central Avenue, to allow additional time for review and evaluation of the calls for
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service. Motion by Cline to receive and file the documents and adopt Resolution No. 443-07 Granting
the issuance of a six month Class “C” Beer/Liquor License to Players Sports Bar. Cline said that not
all calls are the fault of the business owner and questioned what the average number of calls is to an
establishment. She suggested consideration of reimbursement to the City from establishments with
an excessive number of police calls. Police Chief Kim Wadding said that over 100 calls per year is
high and that most calls to Players are considered high-impact calls that require more than one police
car and usually come at busy times of the day. Jones said that asking for reimbursement from an
establishment might discourage police calls. Michalski said she appreciated the detailed statistics in
addition to the liquor violations as they provide a truer picture of the establishment’s record. Motion
carried 7-0.
RESOLUTION NO. 443-07
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
L & L Investment Players Sports Bar+(Sunday Sale) 1902 Central Avenue
Passed, approved and adopted this 20th day of August, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Mediacom: Communication from Cari M. Fenzel, Regional Vice President of Mediacom, advising
that Mediacom is discussing the possibility of adding the Big Ten Network to their lineup when it is
launched later this year. Motion by Cline to receive and file. Seconded by Connors. Council concurred
that although the programming addition was not within their jurisdiction, they appreciated the notice.
Motion carried 7-0
COUNCIL MEMBER REPORTS
Michalski said that the plans for the September Iowa League of Cities Conference are exciting and
that this might be the biggest League conference to date.
Buol reminded everyone of the event, Leading the Way to Global Climate Solutions, at 10 a.m. on
September 26 at the Grand River Center. This event is open to the public. He acknowledged
attendance of Boy Scout Troup 48.
There being no further business, upon motion the meeting was adjourned at 8:07 p.m.
/s/Kevin S. Firnstahl
Assistant City Clerk
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