9 17 07 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on September 17, 2007, in
the Historic Federal Building.
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 Reverend Dr. Ronald Rankin, United Methodist Church.
PROCLAMATIONS
Constitution Week (September 17 – 23, 2007) was accepted by Eileen Coursey, 2222
Central Avenue; Crop Walk Day in Dubuque (October 7, 2007) was accepted by Dorothy
Krayer, 1205 Park Street.
CONSENT ITEMS
Motion by Michalski to receive and file the documents and dispose of as indicated.
Seconded by Lynch. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 7/30; City
Council of 8/28, 8/29 and 9/4; Civil Service Commission of 8/8; Historic Preservation
Commission of 8/16; Long Range Planning Advisory Commission of 8/15; Park and Recreation
Commission of 8/14; Zoning Advisory Commission of 9/5
Proofs of publication of City Council proceedings of August 20, August 22, August 28 and
August 29, 2007
Upon motion the documents were received and filed.
Notice of Claims/Suits: Thomas J. Becker for vehicle damage; Julian and Shirley Regan for
property damage; Qwest for property damage; Duane J. Wille for vehicle 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: Julian and Shirley
Regan for property damage; Duane J. Wille for vehicle damage.
Upon motion the documents were received, filed and concurred.
U.S. Department of Transportation: Communication from Andrew B. Steinberg, U.S.
Department of Transportation, in response to the City’s letter in support of an application made
by American Airlines to obtain route authority to operate a daily nonstop flight from Chicago
O’Hare International Airport to Beijing, China. Upon motion the documents were received and
filed.
University Avenue Culvert and Sanitary Sewer Extension Project: City Manager
recommending acceptance of the University Avenue Culvert and Sanitary Sewer Extension
Project as completed by Tschiggfrie Excavating Company in the final contract amount of
$416,126.25. Upon motion the documents were received and filed and Resolution No. 465-07
Accepting the University Avenue Culvert Extension and Sanitary Sewer Reconstruction Project
and authorizing the payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 465-07
ACCEPTING THE UNIVERSITY AVENUE CULVERT EXTENSION AND SANITARY SEWER
RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the University Avenue Culvert Extension and
Sanitary Sewer Reconstruction 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
University Avenue Culvert Extension, University Avenue Sanitary Sewer Reconstruction, Fiscal
Year 2008 Street Program, and Fiscal Year 2008 Storm Sewer Improvements/Extensions,
appropriations for the contract amount of $416,126.25 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 17 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE UNIVERSITY
AVENUE CULVERT EXTENSION AND SANITARY SEWER RECONSTRUCTION PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the University Avenue Culvert Extension and Sanitary Sewer Reconstruction
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 $416,126.25.
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Dated this 17 day of September, 2007.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 17 day of September, 2007.
Jeanne F. Schneider, CMC, City Clerk
Fiscal Year 2007 City Street Finance Report: City Manager recommending approval of the
City of Dubuque’s Fiscal Year 2007 Street Finance Report for submittal to the Iowa
Department of Transportation. Upon motion the documents were received and filed and
Resolution No. 466-07 Approving the City of Dubuque Fiscal Year 2007 Street Finance Report
was adopted.
RESOLUTION NO. 466-07
APPROVING THE CITY OF DUBUQUE FISCAL YEAR 2007 CITY STREET FINANCE
REPORT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
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DUBUQUE, IOWA:
Section 1. That the City Street Finance Report for the period of July 1, 2006, to June 30,
2007, is hereby approved and that the City Clerk is hereby authorized and directed to file said
report with the Iowa Department of Transportation.
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Passed, approved and adopted this 17 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Safe Routes to School Plan: Communication to Chandra Ravada, Co-Director of
Transportation and Planning for East Central Intergovernmental Association, advising that the
City of Dubuque supports the Dubuque Community Schools Safe Routes to School Plan. Upon
motion the documents were received and filed.
Bi-Lingual Trail Signage Project: City Manager recommending approval of an Iowa
Department of Transportation Federal Recreation Trail Grant application to support the Bi-
Lingual Trail Signage Project. Upon motion the documents were received and filed and
Resolution No. 467-07 Approving the submittal of an application for Federal Recreational Trails
Program funding to the Iowa Department of Transportation for the Bi-Lingual Bike/Hike Trail
Signage Project was adopted.
RESOLUTION NO. 467-07
RESOLUTION APPROVING THE SUBMITTAL OF AN APPLICATION FOR FEDERAL
RECREATIONAL TRAILS PROGRAM FUNDING TO THE IOWA DEPARTMENT OF
TRANSPORTATION FOR THE BI-LINGUAL BIKE/HIKE TRAIL SIGNAGE PROJECT.
Whereas, the Iowa Department of Transportation has announced the availability of Federal
Recreational Trails Program Funding; and
Whereas, design, engineering and construction costs for pedestrian and bicycle facilities are
eligible activities for this funding; and
Whereas, the City has adopted a Comprehensive Plan that identifies a community-wide
bike/pedestrian network.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor is authorized to sign and submit this grant application to the Iowa
Department of Transportation for Federal Recreational Trails Program Funding for the Bi-
Lingual Bike/Hike Trail Signage Project.
Section 2. That in the event said application is approved, the City Council hereby provides
its written assurance that the completed project will be adequately maintained for its intended
use in accordance with state requirements.
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Passed, approved and adopted this 17 day of September 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Purchase of Property – 2265 Prince Street: City Manager recommending approval of the
purchase of a residential dwelling located at 2265 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. 468-07 Approving the acquisition of
real estate located at 2265 Prince Street in the City of Dubuque was adopted.
RESOLUTION NO. 468-07
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A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2265
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 seventh
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 One-half of Lot 54 in Sanford Subdivision, also known as
Sanford’s Subdivision, in the City of Dubuque, Iowa, according to the recorded Plat thereof. At
the cost of Sixty three thousand dollars ($63,000).
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 17 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Multijurisdictional Drug Task Force Agreement: City Manager recommending approval of an
amendment to the Multijurisdictional Drug Task Force Agreement between the City of
Dubuque, Dubuque County, City of East Dubuque, Illinois and Jo Daviess County, Illinois.
Upon motion the documents were received, filed, and approved.
Purchase of Property – 2106 Kniest Street: City Manager recommending approval of the
purchase of a residential rental dwelling located at 2106 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. 469-07 Approving the acquisition of
real estate located at 2106 Kniest Street in the City of Dubuque was adopted.
RESOLUTION NO. 469-07
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2106
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 eighth
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: Southeasterly 20 feet of the Southwesterly 97 feet of Lot 2, and the
Northwesterly 10 feet of the Southwesterly 97 feet of Lot 3, in Frisch’s Subdivision of Lot 3 of
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Kniest’s Subdivision of Mineral Lot 314; Northwesterly 5 feet of the Northeasterly 50 feet of Lot
2, Frisch’s Subdivision of Lot 2 of Kniest’s Subdivision of Mineral Lot 314; Lot 1 of Frisch’s
Subdivision and the Northwesterly 5 feet of the Southwesterly 97 feet of Lot 2, in Frisch’s
Subdivision of Lot 1 and Lot 2 of Kniest’s Subdivision of Mineral Lot 314, in the City of
Dubuque, Iowa, according to the recorded plat thereof at the cost of Seventy four thousand
dollars ($74,000).
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 17 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Consolidated Annual Performance and Evaluation Report (CAPER): City Manager
recommending approval of the Consolidated Annual Performance and Evaluation Report
(CAPER) for the period of July 1, 2006 through June 30, 2007, which is required by the
regulations governing the Community Development Block Grant (CDBG) Program. Upon
motion the documents were received and filed and Resolution No. 470-07 Authorizing the
submission of a Consolidated Annual Performance and Evaluation Project (CAPER) for the
period commencing July 1, 2006 and concluding June 30, 2007, was adopted.
RESOLUTION NO. 470-07
RESOLUTION AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD
COMMENCING JULY 1, 2006 AND CONCLUDING JUNE 30, 2007
Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Community
Development Block Grant (CDBG) Program of the U.S. Department of Housing and Urban
Development (HUD); and
Whereas, the CDBG regulations require that no later than ninety (90) days after the
completion of a program year, each entitlement recipient must submit a performance and
evaluation report, Consolidated Annual Performance and Evaluation Report (CAPER); and,
Whereas, the City has 1) prepared a CAPER for the program year commencing July 1, 2006
and concluding June 30, 2007; 2) published notice of availability of the CAPER in the
Telegraph Herald and City of Dubuque website on August 20,2007; 3) made copies of the
CAPER available for public review at the Carnegie Stout Public Library, City Hall, Housing and
Community Development Department and City of Dubuque website; 4) held a public hearing
pursuant to published notice before the Community Development Advisory Commission on
September 5, 2007; and
Whereas, the Community Development Advisory Commission has voted to approve the
CAPER and to recommend City Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the Consolidated Annual Performance and Evaluation Report (CAPER) for
the period commencing July 1, 2006 and concluding June 30, 2007 is hereby approved for
submission.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to
execute the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf of
the City of Dubuque, Iowa.
Section 3. That the City Manager is hereby authorized and directed to submit the
Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of
Housing and Urban Development.
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Passed, approved and adopted this 17 day of September 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Enterprise Zone Recertifications: City Manager recommending approval to file applications
with the Iowa Department of Economic Development requesting Enterprise Zone
Recertification for the City’s two existing Enterprise Zones. Upon motion the documents were
received and filed and Resolution No. 471-07 Authorizing the filing of an application with the
Iowa Department of Economic Development requesting Enterprise Zone Recertification of the
existing Enterprise Zone – 1 in the City of Dubuque; and Resolution No. 472-07 Authorizing
the filing of an application with the Iowa Department of Economic Development requesting
Enterprise Zone Recertification of the existing Enterprise Zone – 2 in the City of Dubuque were
adopted.
RESOLUTION NO. 471-07
A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA
DEPARTMENT OF ECONOMIC DEVELOPMENT REQUESTING ENTERPRISE ZONE
RECERTIFICATION OF THE EXISTING ENTERPRISE ZONE - 1 IN THE CITY OF
DUBUQUE.
Whereas, the State of Iowa Department of Economic Development (IDED) is taking
applications for the Enterprise Zone program to provide benefits and incentives for
redevelopment and reinvestment in areas of a community that meet certain eligibility criteria;
and
Whereas, the City of Dubuque, Iowa has identified an area which meets the eligibility
requirements; and
Whereas, the City Council of Dubuque, Iowa has determined that said designation and
recertification of the City’s existing Enterprise Zone - 1 will benefit the local economy through
the creation of new investment and new jobs for area residents; and
Whereas, the City of Dubuque, Iowa is eligible to submit an application for the Enterprise
Zone program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an application for Enterprise Zone Certification to expand the
City’s existing Enterprise Zone - 1 is approved.
Section 2. That the schedule of value-added property tax exemption for this Enterprise Zone
shall be One Dollar ($1.00) per year for ten years.
Section 3. That the Mayor is hereby authorized and directed to execute, on behalf of the
City Council of the City of Dubuque, Iowa, the appropriate Enterprise Zone application.
Section 4. That the City Manager is directed to submit the application to the Iowa
Department of Economic Development together with such documents as may be required.
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Section 5. That, once the Enterprise Zone is recertified, a copy of this resolution and all
supporting documents be forwarded to the City Assessor.
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Passed, approved and adopted this 17 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 472-07
A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA
DEPARTMENT OF ECONOMIC DEVELOPMENT REQUESTING ENTERPRISE ZONE
RECERTIFICATION OF THE EXISTING ENTERPRISE ZONE - 2 IN THE CITY OF
DUBUQUE.
Whereas, the State of Iowa Department of Economic Development (IDED) is taking
applications for the Enterprise Zone program to provide benefits and incentives for
redevelopment and reinvestment in areas of a community that meet certain eligibility criteria;
and
Whereas, the City of Dubuque, Iowa has identified an area which meets the eligibility
requirements; and
Whereas, the City Council of Dubuque, Iowa has determined that said designation and
recertification of the City’s existing Enterprise Zone - 2 will benefit the local economy through
the creation of new investment and new jobs for area residents; and
Whereas, the City of Dubuque, Iowa is eligible to submit an application for the Enterprise
Zone program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an application for Enterprise Zone Recertification of the City’s
existing Enterprise Zone - 2 is approved.
Section 2. That the schedule of value-added property tax exemption for this Enterprise Zone
shall be One Dollar ($1.00) per year for ten years.
Section 3. That the Mayor is hereby authorized and directed to execute, on behalf of the
City Council of the City of Dubuque, Iowa, the appropriate Enterprise Zone application.
Section 4. That the City Manager is directed to submit the application to the Iowa
Department of Economic Development together with such documents as may be required.
Section 5. That, once the Enterprise Zone is recertified, a copy of this resolution and all
supporting documents be forwarded to the City Assessor.
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Passed, approved and adopted this 17 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Plat of Survey - Alley Across from Former Dubuque Packing Plant: City Manager
recommending approval of the plat to accommodate the creation of a legal description for the
alley to be sold to SB Development, LLC. Upon motion the documents were received and filed
and Resolution No. 473-07 Approving plat of survey Lot 378A of East Dubuque No. 2 in the
City of Dubuque, Iowa, was adopted.
RESOLUTION NO 473-07
RESOLUTION APPROVING PLAT OF SURVEY LOT 378A OF EAST DUBUQUE NO. 2 IN
THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat
of Survey Lot 378A of East Dubuque No. 2 in the City of Dubuque, Iowa, dated September 9,
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2007, prepared by IIW Engineers and Surveyors, P.C., describing the property to be platted, a
copy of which is attached hereto (the Plat); and
Whereas, the Plat conforms to the laws and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Plat is hereby approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa.
Section 2. The City Clerk is hereby authorized and directed to file the Plat and a certified
copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa.
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Passed, approved and adopted this 17 day of September 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Plat of Survey – Waller Addition: Zoning Advisory Commission recommending approval of
the plat of survey of Waller Addition located on Lakeview Drive in Dubuque County, as
requested by John and Emily Rowe/Buesing and Associates. Upon motion the documents
were received and filed and Resolution No. 474-07 Approving the Plat of Survey of Waller
Addition was adopted.
RESOLUTION NO. 474-07
A RESOLUTION APPROVING THE PLAT OF SURVEY WALLER ADDITION.
Whereas, there has been filed with the City Clerk a Plat of Survey Waller Addition in the City
of Dubuque, Iowa; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby waives Article IV, Design and Improvement
Standards of the Subdivision Regulations, except Section 42-19, Blocks and Lots.
Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lots 2, 3
and 4 to have 0 feet of frontage, where 50 feet of lot frontage is required.
Section 3. That the Plat of Survey of Waller Addition is hereby approved and the Mayor and
City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque,
Iowa upon said plat of survey.
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Passed, approved and adopted this 17 day of September 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Henschel’s Hidden Acres – Final Plat: Zoning Advisory Commission recommending
approval of the final plat of Henschel’s Hidden Acres located west of Miller Road Terminus (Lot
2 Henschel’s Hidden Acres) as requested by Thomas and Sheri Henschel. Upon motion the
documents were received and filed and Resolution No. 475-07 Approving the final plat of
Henschel’s Hidden Acres was adopted.
RESOLUTION NO. 475-07
RESOLUTION APPROVING THE FINAL PLAT OF HENSCHEL’S HIDDEN ACRES
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Whereas, there has been filed with the City Clerk a Final Plat of Henschel’s Hidden Acres 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 2 to
have 0 feet of frontage, where 50 feet of lot frontage is required.
Section 2. That the Final Plat of Henschel’s Hidden Acres is hereby approved and the
Mayor and City Clerk are hereby is 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 17 day of September 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
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 $5,500 to Mediacom for a variety of equipment for the public access studio. Upon
motion the documents were received, filed, and approved.
Eagle Point Park Fee Collection Booth Construction Project: City Manager recommending
acceptance of the Eagle Point Park Fee Collection Booth Construction Project as completed
by Klauer Construction Company in the final contract amount of $271,856. Upon motion the
documents were received and filed and Resolution No. 476-07 Accepting improvement and
Resolution No. 477-07 Approving final estimate were adopted.
RESOLUTION NO. 476-07
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the Eagle Point Park Fee Collector’s Building Project has been
completed and the City Manager has examined the work and filed his certificate stating that
the same has been completed according to the terms of the contract, plans and specifications
and recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. That the recommendation of the City Manager be approved and that said improvement
be and the same is hereby accepted.
BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to
the contractor from the General Fund in amount equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 17th day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 477-07
FINAL ESTIMATE
WHEREAS, the contract for the Eagle Point Park Fee Collector’s Building Project has been
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completed and the Engineer has submitted his final estimate showing the cost thereof
including the cost of estimates, notices and inspection and all miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is hereby determined to be $271,856, and the
said amount shall be paid from the General Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 17th day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Iowa Finance Authority Loan: City Manager recommending approval of a $500,000 loan
from the Iowa Finance Authority to assist with the townhouse project at 1126 White Street.
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. 478-07
Granting the issuance of one renewal permit to sell cigarettes and cigarette papers to Murph’s
South End; Resolution No. 479-07 Granting the issuance of a Class “C” Beer Permit to Wal-
Mart Supercenter, Hy-Vee Gas #2 and Ron’s Discount Smokes; and Resolution No. 480-07
Granting the issuance of a Class “B” (Motel/Hotel) Liquor License to Hilton Garden Inn, Red
Robin Gourmet Burgers; Class “C” Beer/Liquor License to Clarke College, Carlos O’Kelly’s
Mexican Café, Bulldog Billiards, Happy’s Place, A & B Tap, and Star Restaurant/Ultra Lounge
were adopted.
RESOLUTION NO. 478-07
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.
1 RENEWAL
Murph’s South End Tap Pamela J. Murphy 55 Locust Street
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Passed, approved, and adopted this 17 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 479-07
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
Wal-Mart Stores, Inc Wal-Mart Supercenter # 2004+(Sunday Sale) 4200 Dodge Street
Hy-Vee, Inc. Hy-Vee Gas # 2+(Sunday Sale) 2435 NW Arterial
RKM LLC Ron’s Dsc Smokes/Bev.+(Sunday Sale) 3300 Asbury Road
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Passed, approved, and adopted this 17th day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 480-07
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 “B”(MOTEL/HOTEL) LIQUOR LICENSE
DBQ Casino Hotel, Hilton Garden Inn/Houlihan’s 1795 Greyhound
LLC Rest+(Sunday/Outdoor Sale Drive
Red Robin Inc. Red Robin Gourmet Burgers+(Sunday/Outdoor 2775 NW Arterial
Sale)
CLASS “C” BEER/LIQUOR LICENSE
Clarke College Clarke College (1 Day Outdoor Sale) 1500 Clarke Drive
Carlos O’Kellys, Inc. Carlos O’Kellys Mexican Café+(Sunday Sale) 1355 Associates Drive
Bulldog Billiards Bar Bulldog Billiards Sprts Bar+(Sunday Sale) 1850 Central
PMST, Inc. Happy’s Place+(Sunday Sale) 2323 Rockdale
DDA Enterprise A & B Tap+(Sunday Sale) 2600 Central Avenue
James Madison, Inc. Star Rest./Ultra Lounge+(Sunday/Outdoor 600 Star Brewery
Sale) Suite # 200
CLASS “B” WINE
Wal-Mart Store, Inc. Wal-Mart Supercenter #2004 4200 Dodge St
James Madison, Inc. Star Restaurant/Ultra Lounge 600 Star Brewery Drive
Suite #200
Passed, approved, and adopted this 17th day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Cline to receive and file the documents, set the public hearings as indicated, and
direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion
carried 7-0
Vacation and Sale of Undeveloped Alley: City Manager recommending that a public hearing
be set for October 1, 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 Resolution No. 481-07 Resolution of Intent to dispose of Lot 378A of
East Dubuque No. 2 in the City of Dubuque, Iowa, was adopted setting a public hearing at a
meeting to commence at 6:30 p.m. on October 1, 2007 in the Historic Federal Building.
RESOLUTION NO. 481-07
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RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 378A OF EAST
DUBUQUE NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, SB Development, LLC have requested the disposal of a vacated alley platted as
Lot 378A of East Dubuque No. 2; and
Whereas, IIW Engineering and Surveyors, PC has prepared and will record a plat showing
the vacated alley and assigned lot number thereto, which is known and described as Lot 378A
of East Dubuque No. 2 in the City of Dubuque, Dubuque County, Iowa, in the Office of the
Dubuque County Recorder.
Whereas, 378A of East Dubuque No. 2 is a public alley planned for vacation by the City of
Dubuque.
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 378A of East
Dubuque No. 2 in the City of Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot 378A of East Dubuque No. 2 in the City of Dubuque,
Dubuque County, Iowa, to SB Development, LLC be contingent upon the payment of
publication and filing fees and $1.00 and other considerations.
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 17 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
United States Postal Service: City Manager recommending that a public hearing be set for
October 1, 2007 to consider approval of a lease agreement with the United States Postal
Service for space at the Historic Federal Building. Upon motion the documents were received
and filed and Resolution No. 482-07 Resolution of Intent to dispose of interest in real property
by lease agreement between the City of Dubuque and the United States Postal Service was
adopted setting a public hearing at a meeting to commence at 6:30 p.m. on October 1, 2007, in
the Historic Federal Building.
RESOLUTION NO. 482-07
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF
DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND THE UNITED
STATES POSTAL SERVICE
WHEREAS, the City of Dubuque, Iowa (City) owns the real property described as the Historic
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Federal Building, located at 350 West 6 Street in the City of Dubuque, Iowa; and
WHEREAS, City and United States Postal Service have negotiated a Lease Agreement for
space in the Historic Federal Building, a copy of which Lease Agreement is on file at the office of
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the City Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa; and
WHEREAS, the City Council believes it is in the best interests of the City of Dubuque to
approve the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described real
property by Lease Agreement between City and United States Postal Service.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's
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intent to dispose of the foregoing-described real property, to be held on the 1 day of October,
12
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2007, at 6:30 o'clock p.m. at the Historic Federal Building, Council Chambers, 350 W. 6 Street,
Dubuque, Iowa.
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Passed, approved and adopted this 17 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Fiscal Year 2008 Budget Amendment: City Manager recommending that a public hearing be
set for October 1, 2007 to consider approval of the first amendment to the Fiscal Year 2008
Operating Budget. Upon motion the documents were received and filed and Resolution No.
483-07 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2008
Budget for the City of Dubuque was adopted setting a public hearing at a meeting to
commence at 6:30 p.m. on October 1, 2007, in the Historic Federal Building.
RESOLUTION NO. 483-07
SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE
FISCAL YEAR 2008 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and
place for a public hearing on amendments to the budget and publish notice before the hearing
as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on proposed Amendment
No. 1 to the Fiscal Year 2008 budget for the City of Dubuque at the City Council Chambers at
the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, October 1,
2007, beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of
the public hearing, according to law, together with the required budget information.
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Passed, approved and adopted this 17 day of September 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
BOARDS/COMMISSIONS
Appointment was made to the following Commission: Civic Center Commission. Three 3-
year expired terms through June 29, 2010 – Terms of Bakke, Brannon, Nauman. Applicant:
Rod Bakke. Michalski moved to appoint Rod Bakke to a 3-year term through June 29, 2010.
Seconded by Lynch. Motion carried 7-0.
SUSPEND THE RULES
Upon motion the rules were suspended allowing anyone to address the City Council.
PUBLIC HEARINGS
University of Dubuque Residential Parking Permit District: Proof of publication on notice of
hearing to consider a request for changes to Residential Parking Permit District A around the
University of Dubuque campus and City Manager recommending approval. Motion by Jones to
receive and file the documents and that the requirement that a proposed ordinance be
considered and voted on for passage at two Council meetings prior to the meeting at which it is
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to be passed be suspended. Seconded by Braig. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 46-07 Amending the
Code of Ordinances of the City of Dubuque, Iowa, by repealing Subsection (a) of Section 32-
321.733 Establishing Residential Parking Permit District A and adopting in lieu thereof a new
Subsection (a) of Section 32-321.733 Re-Establishing Residential Parking Permit District A.
Seconded by Braig. Michalski said she had been contacted by a citizen that hoped the change
would not make the parking situation more difficult. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 46-07
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY REPEALING SUBSECTION (a) OF SECTION 32-321.733 ESTABLISHING
RESIDENTIAL PARKING PERMIT DISTRICT A AND ADOPTING IN LIEU THEREOF A
NEW SUBSECTION (a) OF SECTION 32-321.733 RE-ESTABLISHING RESIDENTIAL
PARKING PERMIT DISTRICT A
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Subsection (a) of Section 32-321.733 of the Code of Ordinances of the City
of Dubuque, Iowa, relating to Residential Parking Permit District A is hereby repealed and the
following new Subsection (a) of Section 32-321.733 adopted in lieu thereof:
Section 32-321.733.
(a) The following described area constitutes a residential parking permit district
designated as Residential Parking Permit District A: Grace Street, from Ida Street to
McCormick Street and Algona Street from Bennett Street to Grace Street.
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Passed, approved and adopted this 17day of September, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
st
Published officially in the Telegraph Herald Newspaper the 21 day of September, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 9/21
Text Amendment – Callahan Construction, Inc.: Proof of publication on notice of hearing to
consider a request from Joel Callahan, Callahan Construction, Inc., to amend Section 3-3.6 CS
Commercial Service and Wholesale District of the Zoning Ordinance to allow for indoor and
outdoor recreation facilities and Zoning Advisory Commission recommending approval. Motion
by Connors to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 47-07 Amending
Sections 3-3.6(B) and 3-3.6(D) of the City of Dubuque Code of Ordinances by adding indoor
recreation facilities as a permitted use and outdoor recreation as conditional use in the CS
Commercial Service and Wholesale District. Seconded by Braig. Callahan Project Manager
Tom Dalsing spoke in support of the ordinance. Braig questioned what outdoor recreation
entailed. Carstens said it can include a wide variety of things but was not definitively defined.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 47-07
AN ORDINANCE AMENDING SECTIONS 3-3.6(B) AND 3-3.6(D) OF THE CITY OF
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DUBUQUE CODE OF ORDINANCES BY ADDING INDOOR RECREATION FACILITIES AS
A PERMITTED USE AND OUTDOOR RECREATION AS CONDITIONAL USE IN THE CS
COMMERCIAL SERVICE AND WHOLESALE DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 3-3.6(B) of the City of Dubuque Code of Ordinances is hereby
amended as follows: 43) Indoor Recreation Facilities – [37]
Section 2. That Section 3-3.6(D) of the City of Dubuque Code of Ordinances is hereby
amended as follows:
(1) Outdoor Recreation provided that:
(a) Hours of operation shall be limited, 8:00 a.m. to 12:00 midnight, unless further
limited by the Zoning Board of Adjustment.
(b) That wall-mounted and pole mounted light fixtures utilize 90-degree cut-off
luminaries.
(c) That the Zoning Board of Adjustment establish screening requirements for
adjacent property, if necessary.
(d) That the parking group requirements can be met [37].
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 4. This ordinance shall take effect immediately upon publication, as provided by
law.
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Passed, approved and adopted this 17 day of September 2007.
/s/Roy D. Buol, Mayor
Attest: /s/ Jeanne F. Schneider, CMC, City Clerk
st
Published officially in the Telegraph Herald Newspaper the 21 day of September, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 9/21
Martin McNamer / NCR Developers – Creek Wood Drive: Proof of publication on notice of
hearing to consider a request from Martin McNamer / NCR Development to rezone property
located on Creek Wood Drive from R-2 Two-Family Residential District to R-1 Single-Family
Residential District and Zoning Advisory Commission recommending approval. Motion by Cline
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 Lynch for final consideration and passage of Ordinance No. 48-07 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located along Creek Wood Drive from R-2 Two-
Family Residential District to R-1 Single-Family Residential District. Seconded by Braig. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 48-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED ALONG CREEK WOOD DRIVE FROM R-2 TWO-FAMILY
RESIDENTIAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
15
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter-described property from R-2
Two-Family Residential to R-1 Single-Family Residential, to wit: Lot 29, 30 and E of Timber-
Hyrst Estates, and to the centerline of the adjoining public right-of-way, all in the City of
Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
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Passed, approved and adopted this 17 day of September, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
st
Published officially in the Telegraph Herald Newspaper the 21 day of September, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 9/21
Jim and Diane McClain – 1605 Kebbie Drive: Proof of publication on notice of hearing to
consider a request from Jim and Diane McClain to rezone property located at 1605 Kebbie
Drive from R-1 Single-Family Residential District to R-2 Two-Family Residential District and
Zoning Advisory Commission recommending approval. Motion by Cline to receive and file the
documents and that the requirement that a proposed ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Braig. Motion carried 7-0.
Motion by Cline for final consideration and passage of Ordinance No. 49-07 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described located at 1605 Kebbie Drive from R-1 Single-Family
Residential District to R-2 Two-Family Residential District. Seconded by Lynch. Donald
Bycroft, 2179 Sunnyslope Drive, spoke in support of the ordinance saying he was planning to
purchase the property and build a duplex. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 49-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 1605 KEBBIE FROM R-1 SINGLE-FAMILY RESIDENTIAL
DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter-described property from R-1
Single-Family Residential District to R-2 Two-Family Residential District, to wit: Lot 2 of 1 of 2
NW ¼ NE ¼ Section 28, and to the centerline of the adjoining public right-of-way, all in the City
of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
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Passed, approved and adopted this 17 day of September, 2007.
/s/Roy D. Buol, Mayor
16
Attest: /s/ Jeanne F. Schneider, CMC, City Clerk
st
Published officially in the Telegraph Herald Newspaper the 21 day of September, 2007.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 9/21
John Kivlahan – Northwest Arterial: Proof of publication on notice of hearing to consider a
request from John Kivlahan to rezone property located south of the Northwest Arterial from C-3
General Commercial District to R-2 Two-Family Residential District and Zoning Advisory
Commission recommending approval. Motion by Cline to receive and file the documents and
that the requirement that a proposed ordinance be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by
Braig. Motion carried 7-0.
Motion by Cline for final consideration and passage of Ordinance No. 50-07 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described located south of the Northwest Arterial and west of John F.
Kennedy Road from C-3 General Commercial District to R-2 Two-Family Residential District.
Seconded by Braig. John Kivlahan, 4922 Wildflower, spoke in support of the ordinance. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 50-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT SOUTH OF THE NORTHWEST ARTERIAL AND WEST OF
JOHN F KENNEDY ROAD FROM C-3 GENERAL COMMERCIAL DISTRICT TO R-2 TWO-
FAMILY RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter-described property from C-3
General Commercial District to R-2 Two-family Residential, to wit: Lot 2 of 1 of Helen E and
Mary H Stewart Subdivision, and to the centerline of the adjoining public right-of-way, all in the
City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
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Passed, approved and adopted this 17 day of September, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
st
Published officially in the Telegraph Herald Newspaper the 21 day of September, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 9/21
Thomas and Sheri Henschel – Henschel’s Hidden Acres: Proof of publication on notice of
hearing to consider a request from Thomas and Sheri Henschel to rezone property located
west of Miller Road Terminus (Lot 2 Henschel’s Hidden Acres) from AG Agricultural District to
R-1 Single-Family Residential District and Zoning Advisory Commission recommending
17
approval. Motion by Connors to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be passed be suspended. Seconded by Cline. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 51-07 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described located at the end of Miller Road from AG Agricultural
District to R-1 Single-Family Residential District. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 51-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT THE END OF MILLER ROAD FROM AG AGRICULTURAL
DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter-described property from AG
Agricultural District to R-1 Single Family Residential District, to wit: Lot 2 Henschel’s Hidden
Acres, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque,
Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
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Passed, approved and adopted this 17 day of September, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
st
Published officially in the Telegraph Herald Newspaper the 21 day of September, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 9/21
Robert Hartig / Medical Associates Clinic: Proof of publication on notice of hearing to
consider a request from Robert Hartig / Medical Associates Clinic to amend the Medical
Associates Clinic Planned Unit Development (PUD) District to re-designate existing greenway
buffer for business uses and Zoning Advisory Commission recommending denial.
Communication from Robert Hartig, Medical Associates, requesting that this topic be tabled
to October 1, 2007.
Motion by Michalski to receive and file the documents and table until the October 1, 2007,
City Council meeting. Seconded by Connors. Motion carried 7-0.
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Sister City – Handan, China: Request of Dirk Voetberg and Dick Landis to address the City
Council regarding the future of the Dubuque – Handan City Sister City relationship. Motion by
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Cline to receive and file the documents and schedule a future work session. Seconded by
Connors. Dirk Voetberg, 779 University; and Dick Landis, 2390 Clarke Crest, provided
information saying that they will be meeting with Handan officials to discuss the future of the
Sister City relationship. Buol said that the City’s participation would involve a policy decision as
funding for this program was removed from the budget in 2004. He believed the program
should be resurrected and suggested a short work session after Voetberg and Landis return
from Handan and prior to the FY 2009 budget process. Michalski said there is much to be
gained by the program and suggested designating a business or cultural representative. Lynch
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suggested inviting Handan officials to Dubuque’s 175 anniversary celebration and questioned
justifying using taxpayer money for travel to Handan. Voetberg said there would be economic,
cultural, and educational benefits. Cline said that there is more than one municipality interested
in a Sister City relationship. Connors said that since little had been done with the program in
the last six years, it would be interesting to resurrect it. She suggested informing the Handan
officials that there is interest in the program, but more discussion is needed before making a
decision. There was consensus among Council to schedule a future work session. Motion
carried 7-0.
Pebble Cove #2 – Preliminary Plat: Zoning Advisory Commission recommending approval of
the preliminary plat of Pebble Cove #2 as requested by John Kivlahan / Buesing and
Associates. Motion by Cline to receive and file the documents and approve. Seconded by
Connors. Motion carried 7-0.
Community Development Advisory Commission: City Manager submitting information on the
transfer of the designation of area representation between two current Community
Development Advisory Commission (CDAC) members. Motion by Michalski to receive and file
the documents and approve the change in CDAC representation by appointing Michael
Gukeisen to an at-large designation, and Teresa Caldwell to Census Tract 1: Low- and
Moderate-Income designation. Connors and Jones commended the CDAC for finding a
solution to the change in commissioner residency. Motion carried 7-0.
School Resource Officer (SRO) Agreement: City Manager recommending approval of the
School Resource Officer (SRO) agreement with Dubuque Community Schools for the 2007 –
2008 school year. Motion by Cline to receive and file the documents and approve. Seconded
by Braig. Motion carried 7-0.
Lead Paint Program: City Manager recommending that the two lead based paint inspector
positions be retained as the City reviews the code enforcement efforts of the lead paint
program. Motion by Jones to receive and file the documents and approve. Seconded by Cline.
Motion carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Buol commented on how much he learned at the Mayor’s Summit in Sundance, Utah.
He encouraged everyone to register for the Growing Sustainable Communities program on
September 26, 2007.
PUBLIC INPUT
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LeeAnn Arlen, 125 W. 9 Street, expressed her concern over various public transportation
issues, including that the Keyline map does not contain street names, drivers are not
19
completing routes and are skipping hospitals and medical facilities. She would like to see the
City use buses with street-level entry, no steps, and with a lift that goes out to the curb and
back. She also felt that more mini buses are needed as well as bus shelters for people on sun-
sensitive medication. She commented that the City trolleys are not stopping where they are
supposed to and not going in the right direction. Buol said that public transit is a high priority
for the City Council. Michalski asked Arlen to send a copy of her comments to the Transit
Board.
CLOSED SESSION
Upon motion the City Council convened in closed session at 7:30 p.m. pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa.
Having given staff proper direction, upon motion the Council convened in regular session at
8:04 p.m.
There being no further business, upon motion the Council adjourned at 8:05 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
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