9 4 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 4, 2007, in the
Public Library Auditorium.
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen; City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session called for the purpose of discussing
such matters which may properly come before the Council.
INVOCATION
Invocation was provided by Reverend Dwayne Thoman, Nativity Church.
PROCLAMATIONS
Dubuque Regional Dragon Boat Festival (September 8 and 9, 2007) was accepted by Doug
McCallum, 9442 Noonan Street; National Assisted Living Week (September 9 – 15, 2007).
PRESENTATION
The Community Partner in Education Award was presented to the City by Dubuque Community
Schools Superintendent John Burgart.
CONSENT ITEMS
Motion by Cline to receive and file the documents and dispose of as indicated. Seconded by
Braig. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 8/20 and 8/22; Proof of publication of City
Council Proceedings of August 6, 2007 and List of Claims and Summary of Revenues for month
ended July 31, 2007; Library Board of Trustees Update from meeting of June 27, 2007. Upon motion
the documents were received and filed.
Notice of Claims/Suits: Ryan and Brenda Duve for property damage; Teri Noel for property
damage. Upon motion the documents were received and filed and referred to the City Attorney.
City Attorney advising that the following claim has been referred to Public Entity Risk Services of
Iowa, the agent for the Iowa Communities Assurance Pool: Ryan Duve for property damage.
City Attorney recommending that the claim of Teri Noel 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.
Five Flags Commission: Communications from Mark Nauman and Mike Brannon submitting their
resignations from the Five Flags Civic Center Commission. Upon motion the documents were
received and filed and resignations accepted.
John F. Kennedy Road Sidewalks: Communications from Marion Martin Pliner, 2690 Marywood
Drive, and Sheri and Pat Clancy, 2691 Marywood Drive, in opposition to the installation of sidewalks
on John F. Kennedy Road. Upon motion the documents were received and filed.
Port of Dubuque Recognition Wall: City Manager recommending acceptance of the Port of
Dubuque Recognition Wall Project as completed by Tricon General Construction in the final contract
amount of $148,000.00. Upon motion the documents were received and filed and Resolution No.
445-07 Accepting the Port of Dubuque Recognition Wall Project and authorizing the payment of the
contract amount to the contractor was adopted.
RESOLUTION NO. 445-07
ACCEPTING THE PORT OF DUBUQUE RECOGNITION WALL PROJECT AND AUTHORIZING
THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Port of Dubuque Recognition Wall Project (the
Project) has been completed and the City Engineer 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 Engineer 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 Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the Port of
Dubuque Visitor Amenities Fund, the Decorative Concrete Maintenance Program Fund, and the
Greater Downtown TIF Funds for the contract amount of $155,880.55 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 4 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Rail/Passenger Station Analysis in Port of Dubuque: City Manager recommending approval to
hire Frank Hall, a retired Amtrak employee, as a consultant to investigate the best potential
platform/station site for a passenger rail station to service Amtrak in Dubuque. Upon motion the
documents were received, filed, and approved.
International Union of Operating Engineers, Local #758: City Manager recommending approval of
an amendment to the collective bargaining agreement with the International Union of Operating
Engineers, Local #758, to provide for a work week that consists of ten hours per day and four days
per week for full-time Public Safety Dispatchers. Upon motion the documents were received, filed,
and approved.
Workers’ Compensation Excess Insurance: City Manager recommending approval of the
selection of Safety National as the City’s excess workers’ compensation carrier, effective July 1,
2007 through June 30, 2009. Upon motion the documents were received, filed, and approved.
Purchase of Property – 509 Lincoln Avenue: City Manager recommending approval of the
purchase of a residential rental dwelling located at 509 Lincoln 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. 446-07 Approving the acquisition of real estate located
at 509 Lincoln Avenue in the City of Dubuque was adopted.
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RESOLUTION NO. 446-07
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 509
LINCOLN 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 sixth 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 Northeasterly 50 feet of the following Lots and parts of Lots, to-wit: Lots 3 and 4, the
Southeasterly 20 feet of Lot 2, and the Northwesterly 24 feet of Lot 5, all in Frisch’s Subdivision in
the City of Dubuque, Iowa, according to the recorded Plat thereof. At the cost of Eighty five
thousand dollars ($85,000).
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 4 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Purchase of Property – 2010 Kniest Street: City Manager recommending approval of the
purchase of a residential rental dwelling located at 2010 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. 447-07 Approving the acquisition of real estate located
at 2010 Kniest Street in the City of Dubuque was adopted.
RESOLUTION NO. 447-07
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2010
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 fifth 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: NW 30’ of lot 4-4 Kniest Sub in the City of Dubuque, Iowa At the cost of Fifty
Six thousand dollars ($56,000).
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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 4 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Eagle Point Plant Clear Well Rehabilitation Project: City Manager recommending award of the
public improvement contract for the Eagle Point Plant Clear Well Rehabilitation Project to Tricon
General Construction Group in the amount of $751,180.00. Upon motion the documents were
received and filed and Resolution No. 448-07 Awarding public improvement contract for the Eagle
Point Water Plant Clear Well Reservoir Rehabilitation Project was adopted.
RESOLUTION NO. 448-07
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE EAGLE POINT WATER PLANT
CLEAR WELL RESERVOIR REHABILITATION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Eagle Point Water Plant
Clear Well Reservoir Rehabilitation Project pursuant to Resolution No. 392-07 and Notice to Bidders
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published in a newspaper in the City of Dubuque, Iowa on the 20 day of July, 2007.
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Whereas, said sealed proposals were opened and read on the 22 day of August, 2007 and it
has been determined that Tricon General Construction of Dubuque, Iowa with a bid in the amount of
$751,180.00 is the lowest responsive, responsible bidder for the Project.
Whereas, said project be awarded to Tricon General Construction of Dubuque, Iowa contingent
upon review and approval from the Iowa Department of Natural Resources and the Iowa Finance
Authority.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That a Public Improvement Contract for the Project is hereby awarded, contingent upon review
and approval from the Iowa Department of Natural Resources and the Iowa Finance Authority, to
Tricon General Construction of Dubuque, Iowa and the City Manager is hereby directed to execute a
Public Improvement Contract on behalf of the City of Dubuque for the Project which Contract shall
include a provision that the Contractor acknowledges and agrees that the Contract is contingent
upon review and approval from the Iowa Department of Natural Resources and the Iowa Finance
Authority and that in the event that such approval is not received by November 1, 2007, then the
Contract shall be null and void.
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Passed, approved and adopted this 4 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Plastic Center, Inc. / Sam’s Club Project: City Manager recommending acceptance of the Quit
Claim Deed from Plastic Center, Inc. for additional public right-of-way along Asbury Road for the
east lane widening project. Upon motion the documents were received and filed and Resolution No.
449-07 Accepting the deed to certain real estate in Dubuque County, Iowa from Plastic Center, Inc.,
d/b/a The Fischer Companies, was adopted.
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RESOLUTION NO. 449-07
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM
PLASTIC CENTER, INC., d/b/a THE FISCHER COMPANIES
WHEREAS, the City of Dubuque, Iowa (City) and Plastic Center, Inc. (Plastic Center) entered into
an agreement (the Agreement) dated August 1, 2006 relating to the improvement of Asbury Road
pursuant to which Plastic Center agreed to make a charitable contribution of property to City for
additional public right-of-way along Asbury Road as necessary to accommodate the widening of the
road due to the Sam’s Club development; and
WHEREAS, Plastic Center now desires to make a gift of the following described real property to
the City of Dubuque pursuant to the Agreement: Lot A of Lot 1 of Pfohl Farm in the City of Dubuque,
Iowa, according to the Acquisition and Easement Plat filed July 10, 2007 as Instrument No. 2007-
00010379 in the records of the Dubuque County Recorder, and Lot B of Lot 2 of Lot 2 of Pfohl Farm
in the City of Dubuque, Iowa, according to the Acquisition and Easement Plat filed July 10, 2007 as
Instrument No. 2007-00010380 in the records of the Dubuque County Recorder; and
WHEREAS, the City Council of the City of Dubuque desires to accept the gift on behalf of the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA, AS FOLLOWS:
Section 1. The City of Dubuque hereby accepts the Quit Claim Deed from Plastic Center, Inc.,
attached hereto.
Section 2. The City Clerk is hereby authorized and directed to record this Resolution with the
Dubuque County Recorder.
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Passed, approved and adopted this 4 day of September, 2001.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Terminal Street Pumping Station Electrical Upgrade – Request for Proposals: City Manager
recommending approval of the issuance of a Request for Proposals (RFP) for the Terminal Street
Pumping Station Electrical Upgrade project. Upon motion the documents were received, filed, and
approved.
2007 Justice Assistance Grant (JAG): City Manager recommending approval and acceptance of
the 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $53,747 to
provide funds for overtime for illegal drug investigations and special enforcement teams and
authorize the signing of the award document. Upon motion the documents were received, filed, and
approved.
Flora Park Horseshoe Courts: City Manager advising that the Flora Park horseshoe courts have
received the Horseshoe Court Sanction Certificate from the National Horseshoe Pitchers
Association of America which will allow sanctioned leagues and tournaments. Upon motion the
documents were received and filed.
East Central Intergovernmental Association: Communication from Mark Schneider, requesting
City Council approval of the submission of an application to the Hazard Mitigation Grant Program to
the Iowa Homeland Security and Emergency Management (HSLEM) to secure funding to assist with
the updating of the City’s Pre-Disaster Mitigation Plan. Upon motion the documents were received
and filed and Resolution No. 450-07 Designating ECIA as the Applicant for the Hazard Mitigation
Grant Program, Resolution No. 450A-07 Local Match Resolution for the Hazard Mitigation Grant
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Program, and Resolution No. 451-07 Designating an authorized representative (Mark Schneider) for
the Hazard Mitigation Grant Program were adopted.
RESOLUTION NO. 450-07
PURPOSE: To designate ECIA as the Applicant for the Hazard Mitigation Grant Program
WHEREAS, the City of Dubuque desires to make application through Iowa Homeland Security
and Emergency Management (HLSEM) for the purpose of obtaining financial assistance under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (PL 93-288), as amended) and
the Code of Iowa, Chapter 29c to update the Dubuque Pre-Disaster Mitigation Plan; and
WHEREAS, THE (HSLEM) requested the East Central Intergrovernmental Association (ECIA) to
submit a joint application to the Hazard Mitigation Grant Program for multiple communities; and
WHEREAS, ECIA agrees to submit the joint application.
THEREFORE, the City of Dubuque agrees that ECIA will apply for a joint Hazard Mitigation Grant
on behalf of the City and other communities.
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This resolution was passes and approve this 4 day of September, 2007.
Roy Buol, Mayor
Attested: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 450A-07
LOCAL MATCH RESOLUTION FOR THE HAZARD MITIGATION GRANT PROGRAM
WHEREAS, the City of Dubuque has made application through Iowa Homeland Security and
Emergency Management Division to the Federal Emergency Management Agency (FEMA) for
funding from the Hazard Mitigation Grant Program in the amount of $7,500 as the total project cost
of updating the Dubuque Pre-Disaster Mitigation Plan; and
WHEREAS, the Hazard Mitigation Grant Program provides that the federal share cannot exceed
75% of the actual total project cost, and
WHEREAS, the State of Iowa share must not exceed 10% of the actual project cost; and
WHEREAS, the local share must be at least 15% of the total project cost, and
WHEREAS, the City of Dubuque recognizes the fact that the 15% local share can be from cash
and/or in-kind services
THEREFORE, the City of Dubuque agrees to provide $1,125.00 (one thousand one hundred
twenty five dollars and 00/100) of local in-kind match to meet the 15% local match requirement for
this mitigation planning grant application.
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This resolution was passed and approved this 4 day of September, 2007.
Roy Buol, Mayor
Attested: Jeanne F. Schneider, City Clerk
RESOLUTION 451-07
PURPOSE: To designate an authorized representatives for the Hazard Mitigation Grant
Program.
WHEREAS, the City of Dubuque has made application through Iowa Homeland Security and
Emergency Management (HLSEM) for the purpose of obtaining financial assistance under the
Robert T. Stafford Disaster Relief and Emergency assistance Act (PO 93-288), as amended) and
the Code of Iowa, Chaptyer 29c; and
WHEREAS, the HSLEM desires that the City of Dubuque authorize a representative to execute
documents associated with this application on behalf of the City; and
WHEREAS, the City of Dubuque agrees to appoint Authorized Representatives for this project.
THEREFORE, the City of Dubuque agrees to authorize the persons listed below to execute
documents on behalf of the City.
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This resolution was passed and approved this 4 day of September, 2007.
Roy Buol, Mayor
Attested: Jeanne F. Schneider, City Clerk
Authorized Representative(s): Mark Schneider
Liquor License Transfer: Transfer of the liquor license of the Rotary Club of Dubuque from the
Grand Opera House to 1000 Jackson Street on September 15, 22, 29 and October 6, 2007 for
Voices from the Warehouse. 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. 452-07 Granting
the issuance of three new permits to sell cigarettes and cigarette papers within the City to Road
Ranger #159, #160 and #161; Resolution No. 453-07 Granting the issuance of renewal permits to
sell cigarettes and cigarette papers within the City to A & B Tap, Aragon Tap, Cedar Cross Amoco,
and Cue Master Billiards; Resolution No. 454-07 Granting the issuance of a Class “B” Beer Permit
(Special 5-Day License) to Carlos O’Kelly’s; and Class “C” Beer Permit to Kwik Stop Food, Phillips
66/Arby’s, Road Ranger #159, Road Ranger #160, and Road Ranger #161; and Resolution No.
455-07 Granting the issuance of a Class “C” Beer/Liquor License to Fat Tuesdays, Lucky 13 Tap,
Angie’s Bar, National Mississippi River Museum, and Chances R; and a Class “B” (WBN) Native
Wine to Diamond Jo (Portside) and Kwik Stop Food Mart were adopted.
RESOLUTION NO. 452-07
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.
3 NEW
Road Ranger # 159 Road Ranger, LLC 2175 Central Avenue
Road Ranger # 160 Road Ranger LLC 3270 Dodge Street
Road Ranger # 161 Road Ranger LLC 4110 Dodge Street
Passed, approved and adopted this 4th of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 453-07
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.
4 RENEWALS
A & B Tap DDA Enterprises Inc. 2600 Central Avenue
Aragon Tap Aragon Tap 1103 Iowa Street
Cedar Cross Amoco LB Metcalf, Inc. 1200 Cedar Cross
Cue Master Billiards Cue Masters 900 Central Avenue
Passed, approved and adopted this 4th of September, 2007.
Roy D. Buol, Mayor
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Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 454-07
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 PERMIT(SPECIAL 5-DAY LICENSE)
Carlos O’Kelly’s Inc. Carlos O’Kelly’s Mexican Rest. Miller-Riverview Park
CLASS “C” BEER PERMIT
Rainbo Oil Company Kwik Stop Food+(Sunday Sale) 2360 Central Avenue
Liberty Station LLC Phillips 66/Arbys+(Sunday Sale) 10 S Main Street
Road Ranger LLC Road Ranger # 159+(Sunday Sale) 2175 Central Avenue
Road Ranger LLC Road Ranger # 160+(Sunday Sale) 3270 Dodge Street
Road Ranger LLC Road Ranger # 161+(Sunday Sale) 4110 Dodge Street
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Passed, approved and adopted this 4 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 455-07
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
Ibrico Inc Fat Tuesday’s+(Sunday Sale) 1121 University
Avenue
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David Erickson Lucky 13 Tap+(Sunday Sale) 385 E. 13 Street
Angela Mangeno Angie’s Bar+(Sunday Sale) 1401 Elm Street
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DBQ County Historical Nat’l Mississippi River Museum 350 E. 3 Steet
Soc. +(Sunday/Outdoor Sale)
Chances R Mike Johnson+(Sunday Sale) 1046 Central Avenue
CLASS “B”( WBN) NATIVE WINE
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Diamond Jo LLC Diamond Jo (Portside) 400 E 3 St
Rainbo Oil Com Kwik Stop Food Mart 2360 Central
Passed, approved and adopted this 4th day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEM TO BE SET FOR PUBLIC HEARING
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Motion by Michalski to receive and file the documents, set the public hearing as indicated, and
direct the City Clerk to publish notice as prescribed by law. Seconded by Lynch. Motion carried 7-0.
University of Dubuque Residential Parking Permit District: City Manager recommending that a
public hearing be set for September 17, 2007, to consider a request from the University of Dubuque
for proposed changes to parking on City streets in and around the University of Dubuque campus.
Upon motion the documents were received and filed and Resolution No. 456-07 Setting a public
hearing on amending Residential Parking Permit District A to exclude McCormick Street, from Grace
Street to Bennett Street, and Bennett Street, from McCormick Street to Algona Street was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on September 17, 2007, at the
Historic Federal Building.
RESOLUTION NO. 456-07
RESOLUTION SETTING A PUBLIC HEARING ON AMENDING RESIDENTIAL PARKING
PERMIT DISTRICT A TO EXCLUDE MCCORMICK STREET, FROM GRACE STREET TO
BENNETT STREET AND BENNETT STREET, FROM MCCORMICK STREET TO ALGONA
STREET
Whereas, the City of Dubuque, pursuant to Section 32-321.722 of the Code of Ordinances, has
received a letter from the University of Dubuque requesting that the following areas described as
follows be deleted from Residential Parking Permit District A: McCormick Street, from Grace Street
to Bennett Street; Bennett Street, from McCormick Street to Algona Street
Whereas, the City Manager, in accordance with Section 32-321.722, recommends that
Residential Parking Permit District A be amended by excluding such areas and that the City Council
set a public hearing on the request to amend Residential Parking Permit District A.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council finds and determines that the request from the University of
Dubuque is valid for the exclusion of McCormick Street, from Grace Street to Bennett Street, and
Bennett Street, from McCormick Street to Algona Street from Residential Parking Permit District A.
Section 2. That the City Clerk be authorized and directed to publish a notice of public hearing on
amending Residential Parking Permit District A, to be held on September 17, 2007.
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Passed, approved and adopted this 4 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards/Commissions. Civic Center Commission:
Three 3-year expired terms through June 29, 2010 – Terms of Bakke, Brannon, Nauman. Applicant:
Rod Bakke.
Appointments to the following Boards/Commissions: Civil Service Commission (Mayor’s
Appointment). One 4-year vacant term through April 6, 2008 – Term of Wertzberger. Applicants:
John Stevens, Paula Gieseman. Mayor Buol appointed Paula Gieseman to a 4-year vacant term
through April 6, 2008, with City Council concurrence.
Zoning Advisory Commission: One 3-year vacant term through July 1, 2009 – Term of Bichell.
Applicant: Charles Miller. Motion by Michalski to appoint Charles Miller to a 3-year vacant term
through July 1, 2009. Seconded by Lynch. Motion carried 7-0.
PUBLIC HEARINGS
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Upon motion the rules were suspended allowing anyone to address the City Council.
Raven Oaks – Request to Vacate: Proof of publication on notice of hearing to consider a request
from Kluck Construction to vacate a portion of Raven Oaks Drive abutting Lot 4 of Raven Oaks No.
2 and City Manager recommending approval. Motion by Connors to receive and file the documents
and adopt Resolution No. 457-07 Approving plat of proposed vacated portion of Raven Oaks Drive;
Resolution No. 458-07 Vacating Lot 4A of Raven Oaks No. 2 in the City of Dubuque, Dubuque
County, Iowa; and Resolution No. 459-07 Disposing of City interest in Lot 4A of Raven Oaks No. 2
in the City of Dubuque, Dubuque County, Iowa. Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 457-07
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF RAVEN OAKS
DRIVE
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated
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the 8 day of August, 2007, prepared by Buesing & Associates, describing the proposed vacated
portion of Raven Oaks Drive; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
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Section 1. That the plat dated the 8 day of August, 2007, prepared by Buesing & Associates,
relative to the real estate hereinabove described be and the same is hereby approved, and the
Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on
behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of
ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing,
repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television
cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of
Survey of Lot 4A of Raven Oaks No. 2.
Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and
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 4 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 458-07
RESOLUTION VACATING A PORTION OF RAVEN OAKS DRIVE
Whereas, Kluck Construction has requested the vacating 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 a 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; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Raven
Oaks Drive is no longer required for public use and vacating of said portion of Raven Oaks Drive,
known 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:
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Section 1. That the real estate described as Lot 4A of Raven Oaks No. 2 in the City of Dubuque,
Dubuque County, Iowa, be and the same is hereby vacated.
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Passed, approved and adopted this 4 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 459-07
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 4A OF RAVEN OAKS NO. 2 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 24 day of August, 2007, the City Council of the City of Dubuque, Iowa met on the 4 day of
September, 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 4A of
Raven Oaks No. 2 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.
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 4A of Raven Oaks No.
2 in the City of Dubuque, Dubuque County, Iowa, to Kluck Partnership be and the same is hereby
approved for the cost of $3,244.00, plus surveying, platting, 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 Kluck
Partnership 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 4 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Vacation and Sale of Undeveloped Alley: Proof of publication on notice of hearing to consider the
vacation and sale of an undeveloped alley near the old Dubuque Meat Packing Plant to SB
Development, LLC and City Manager recommending approval. Motion by Cline to receive and file
the documents and withdraw from consideration. Seconded by Connors. Motion carried 7-0.
Town Clock Renovation Project: Proof of publication on notice of hearing to consider approval of
the plans and specifications, form of contract, and estimated cost for the Town Clock Renovation
Project and City Manager recommending approval. Motion by Lynch to receive and file the
documents and adopt Resolution No. 460-07 Approving plans and specifications, form of contract
and estimated cost for the Town Clock Renovation Project. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 460-07
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:
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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 approved.
Passed, approved and adopted this 4th day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Open Letter to Community: Letter from the Mayor and City Council to the community of Dubuque.
Motion by Cline to receive and file the documents. Seconded by Connors. Michalski confirmed that
she had signed the letter despite a newspaper misprint. Jones commended the family’s reasonable
and compassionate response. Motion carried 7-0.
409 Burch Street: Communication from Joseph J. Bitter requesting that the hearing regarding the
property located at 409 Burch Street be continued for at least two weeks.
City Manager recommending that the Mayor and City Council set a date for a hearing to
determine whether 409 Burch Street is a public nuisance according to Chapters 23 and 26 of the
Dubuque Code of Ordinances.
Motion by Cline to receive and file the documents and schedule a hearing for a meeting to
commence at 6:30 p.m. on October 8, 2007, at the Historic Federal Building. Seconded by Connors.
Motion carried 7-0.
Downtown Rehabilitation Loan and Façade Grant – Interstate Building, LLLP: City Manager
recommending approval of a Letter of Commitment for the Downtown Rehabilitation Loan and
Façade Grant for Interstate Building, LLLP to support their rehabilitation of the former Interstate
Power Company Building. Motion by Cline to receive and file the documents and adopt Resolution
No. 461-07 Authorizing a Letter of Commitment and additional actions concerning a Downtown
Rehabilitation Loan and Façade Grant for the former Interstate Power Company building. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 461-07
AUTHORIZING A LETTER OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING A
DOWNTOWN REHABILITATION LOAN AND FAÇADE GRANT TO THE FORMER INTERSTATE
POWER COMPANY BUILDING.
Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant
Program for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal
District; and
Whereas, the City of Dubuque, Iowa is encouraging the use of this loan/grant program to finance
code compliance activities and to spur job creation activities; and
Whereas, the loan application from Interstate Power Company Building, LLLP meets the
requirements of this program; and
Whereas, a Commitment Letter, hereto attached and by this reference made a part hereof, sets
forth the terms and conditions of Interstate Power Company Building, LLLP participation in the
Downtown Rehabilitation Loan Program.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the application of Interstate Power Company Building, LLLP for participation in
the Downtown Rehabilitation Loan and Grant Program is hereby accepted and approved.
Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the
City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to Interstate
Power Company Building, LLLP for review and approval.
Section 3. That the City Manager be and he is hereby directed to prepare, upon execution and
receipt of the attached Commitment Letter by the applicant, the necessary loan documents in
accordance with the terms and conditions set forth in said Commitment Letter.
Section 4. That the City Manager is hereby authorized to execute, on behalf of the City Council of
the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan
funds from the Downtown Rehabilitation Loan/Grant Program, in accordance with the terms and
conditions of the executed agreement.
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Passed, approved and adopted this 4 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Downtown Rehabilitation Loan and Façade Grant – Butt’s Florist: City Manager recommending
approval of a Letter of Commitment for the Downtown Rehabilitation Loan and Façade Grant for
Butt’s Florist, Inc. to support their rehabilitation of property located at 233-241 Main Street. Motion by
Connors to receive and file the documents and adopt Resolution No. 462-07 Authorizing a Letter of
Commitment and additional actions concerning a Downtown Rehabilitation Loan and Façade Grant
for the Butt’s Florist building. Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 462-07
AUTHORIZING A LETTER OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING A
DOWNTOWN REHABILITATION LOAN TO THE BUTT’S FLORIST BUILDING.
Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant
Program for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal
District; and
Whereas, the City of Dubuque, Iowa is encouraging the use of this loan/grant program to finance
code compliance activities and to spur job creation activities; and
Whereas, the loan application from Butt’s Florist, Inc. meets the requirements of this program;
and
Whereas, the property located at 233-241 Main Street is within the boundaries of the Greater
Downtown Urban Renewal Distrct, and
Whereas, a Commitment Letter, hereto attached and by this reference made a part hereof, sets
forth the terms and conditions of Butt’s Florist, Inc. participation in the Downtown Rehabilitation
Loan Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the application of Butt’s Florist, Inc. for participation in the Downtown
Rehabilitation Loan and Grant Program is hereby accepted and approved.
Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the
City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to Butt’s Florist,
Inc. for review and approval.
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Section 3. That the City Manager be and he is hereby directed to prepare, upon execution and
receipt of the attached Commitment Letter by the applicant, the necessary loan documents in
accordance with the terms and conditions set forth in said Commitment Letter.
Section 4. That the City Manager is hereby authorized to execute, on behalf of the City Council of
the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan
funds from the Downtown Rehabilitation Loan/Grant Program, in accordance with the terms and
conditions of the executed agreement.
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Passed, approved and adopted this 4 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Memorandum of Understanding – Miller Development Group: City Manager recommending
approval of a Memorandum of Understanding between the City of Dubuque and Miller Development
Group to redevelop property located at 40-42 Main Street in downtown Dubuque. Motion by Cline to
receive and file the documents and adopt Resolution No. 463-07 Approving a Memorandum of
Understanding with Miller Development Group for the redevelopment of 40 – 42 Main Street.
Seconded by Lynch. Michalski said that these are three great projects. Braig said that the City’s
commitment to downtown Dubuque is very exciting. Motion carried 7-0.
RESOLUTION NO. 463-07
A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH MILLER
DEVELOPMENT GROUP FOR THE REDEVELOPMENT OF 40-42 MAIN STREET
Whereas, Miller Development Group is proposing to redevelop property located at 40-42 Main
Street in the City of Dubuque, and
Whereas, the City is encouraging the Company to invest in Downtown Dubuque, and
Whereas, a Memorandum of Understanding has been prepared for said redevelopment,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, AS
FOLLOWS:
Section 1. The attached Memorandum of Understanding is hereby approved.
Section 2. The City Manager is hereby directed to prepare documents necessary to implement
the Memorandum of Understanding
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Passed, approved and adopted this 4 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Offer to Purchase – Dubuque Initiatives: City Manager recommending approval to purchase
approximately 1.8 acres in the Dubuque Industrial Center from Dubuque Initiatives to provide a site
for a West-end Fire Station. Motion by Cline to receive and file the documents and adopt Resolution
No. 464-07 Approving an Offer to Buy real estate for real estate located in the Dubuque Industrial
Center in the City of Dubuque. Seconded by Connors. Michalski said that the City Council members
of Dubuque Initiatives were not involved in the negotiations. Motion carried 7-0.
RESOLUTION NO. 464-07
A RESOLUTION APPROVING AN OFFER TO BUY REAL ESTATE FOR REAL ESTATE
LOCATED IN THE DUBUQUE INDUSTRIAL CENTER, IN THE CITY OF DUBUQUE
WHEREAS,the City of Dubuque intends to acquire certain property located in the area to be
used for a future site for a West-end Fire Station, and
WHEREAS,a purchase agreement has been finalized with the owner of the property.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council of the City of Dubuque hereby approves the attached Offer to
Buy Real Estate for a portion of the following legally described property: Lot 2 Dubuque Industrial
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Center 13 Addition in the City of Dubuque, Iowa, at the cost of one dollar ($1.00).
Section 2. That the Mayor is authorized and directed to sign the Offer to Buy Real Estate on
behalf of the City of Dubuque.
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Passed, approved and adopted this 4 day of September, 2007.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Loras College – Request to Purchase: Communication, dated August 8, 2007, from James E.
Collins, President of Loras College, requesting to purchase the portion of Cox Street located
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between Loras Boulevard and 17 Street.
Communication, dated August 28, 2007, from James E. Collins, President of Loras College,
regarding the purchase of a portion of Cox Street and requesting that the issue be referred to the
City Manager.
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Communication from Margaret Breese, 711 West 17 Street, in opposition to the requested
purchase of Cox Street by Loras College. Motion by Jones to receive and file the documents and
deny the request. Seconded by Connors. Jones said that he had heard from a number of residents
who believe the City should not be selling a public street that people need. Connors suggested
working out a solution with the college. She could not support the request; and if Loras College
needed to close the street, they should submit a Special Events permit. Michalski said a public
street should not be turned over to a private entity. She cited the same issue with Clarke College
regarding a cul-de-sac that was voted down unanimously. Braig questioned if she can vote because
she works at Loras College. City Attorney Lindahl said yes she could. She also said that of the two
letters received from Loras College, the second letter stated the street would only be closed
occasionally. If the request was granted, Loras College would be giving back to the City by
maintaining the street. Buol questioned whether or not restrictions could be put on the sale. Lindahl
said yes, restrictions could be placed on the sale. Motion to deny request carried 5-2 with Buol and
Braig voting nay.
Green Communities Initiative: City Manager providing an update on establishing Dubuque as a
Green Community and requesting City Council approval. Assistant City Manager Steinhauser
provided a presentation. Motion by Cline to receive and file the documents and approve the
recommendation. Seconded by Lynch. Braig asked if a citizen wants to be on the committee, can
they contact Assistant City Manager Steinhauser or would it be up to City Council. She said that the
neighborhood associations have good representatives and the committee will get good citizen input
from them throughout the process. Cline said neighborhood associations are good for the
community and anyone wanting an association in their area should contact Neighborhood
Development Specialist Jerelyn O’Connor. Buol said citizens will be heard. Motion carried 7-0.
Iowa League of Cities Conference Budget: City Manager recommending that the budget for the
City to host the Iowa League of Cities Conference be increased from the existing $10,000 allocation,
up to $14,845. Motion by Michalski to receive and file the documents and approve. Seconded by
Braig. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Connors said that local school and city elections will be taking place in the next two months
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reminding everyone to attend forums and get involved.
There being no further business, upon motion the meeting adjourned at 7:51 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
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