Proof of Publication Council Proceedigns 7 21 08STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: July 30, 2008, and for which the charge is $340.13.
- -IOWA----~
CITY COUNCIL
PROCEEDINGS
he Dubuque City Coi
met in regular sess
6:30 p.m. on July '
)8 in the Historic Fed
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Subscribed to before me a Notary Public in and for Dubu e County, Iowa,
this ~ ~~ day of _, 20 O
N ary Public in and for Dubuque County, Iowa.
~w'^~ ~p MARY K. WESTERMEYER
Commission Number 154885
~'-`r My Comm. Fxo. FEB, 1, 2011
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CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City Coun-
cil met in regular session
at 6:30 p.m. on July 21,
2008 in the Historic Feder-
al Building.
Present: Mayor Buol,
Council Members Con-
nors, Jones, Lynch,
Resnick, Voetberg, City
Manager Van Milligen; As-
sistant City Attorney
O'Brien
Absent: Council Member
Braig
Mayor Buol read the call
and stated this is a regular
session called for the pur-
pose of discussing such
matters which may proper-
ly come before the City
Council.
Invocation was provided
by Pastor Tom Zinkula,
Holy Spirit Pastorate
CONSENT ITEMS
Motion by Lynch to re-
ceive and file the docu-
ments, adopt the resolu-
tions, and dispose of as in-
dicated. Seconded by
Voetberg. Jones requested
(#22) Library Board of
Trustees be held for sepa-
rate discussion. Motion
carried 6-0.
Minutes and Reports
Submitted: City Council of
7n. „a ee a .,..,,,,,c_
motion the document was
received and filed.
Civil Service Commis-
sion: Civil Service Com-
mission submitting the
certified lists for the posi-
tions of Utility Locator, En-
gineering Technician and
Law Enforcement User
Support Specialist. Upon
motion the documents
were received and filed
and made a Matter of Re-
cord.
2008 Weed Assess-
ments: City Manager rec-
ommending approval of
the levy of special assess-
ments for the first half of
the 2008 Weed Enforce-
ment Program. Upon mo-
tion the documents were
received and filed and
Resolution No. 228-08
Adopting the schedule of
assessments for the first
half of the 2008 Weed En-
forcement Program speci-
fying the number of annual
installments into which as-
sessments are divided, the
interest on all unpaid in-
stallments, the time when
the assessments are paya-
ble and directing the Clerk
to certify the schedule of
assessments to the Coun-
ty Treasurer and to publish
notice thereof was adopt-
ed.
US 20 Capacity Improve-
ments Project - Phase II:
City Manager recommend-
ing acceptance of the US
20 Capacity Improvements
Project - Phase II, as com-
pleted by Voltmer, Inc. of
Decorah, Iowa, in the final
contract amount of
$271,558.75. Upon motion
the documents were re-
ceived and filed and Reso-
lution No. 229-08 Accept-
ing the US 20 (Devon Drive
to Menards) Capacity Im-
provements Project -
Phase II, Traffic Signal and
Intelligent Transportation
System Improvements
(STP-A-020-9(187)--2-31)
and authorizing payment
of the contract amount to
the contractor was adopt-
ed.
Raven Oaks Drive - Plat
of Survey: City Manager
recommending approval of
a request from the Dubu-
que County Auditor for the
platting of the balance of
Raven Oaks Drive. Upon
motion the documents
were received and filed
and Resolution No. 230-08
Approving plat of survey of
Lot 4B of Raven Oaks No.
2 was adopted.
Iowa Department of
Transportation: Communi-
cation from Nancy J. Ri-
chardson, Director - Iowa
Department of Transporta-
tion, expressing apprecia-
tion to the City of Dubuque
for assistance during the I-
80 traffic detour through
Dubuque. Upon motion
the document was re-
ceived and filed.
Purchase of Property -
504 East 22nd Street: City
Manager recommending
approval of the purchase
of a residential rental
dwelling at 504 East 22nd
Street as part of the ac-
quisition program associ-
ated with the Bee Branch
Creek Restoration Project.
Upon motion the docu-
ments were received and
filed and Resolution
No.231-08 Approving the
acquisition of real estate
located at 504 East 22nd
Street in the City of Dubu-
que was adopted.
Purchase of Property -
mission of the delinquent
water, sewer, refuse and
stormwater management
collection accounts to the
Dubuque County Treasurer
in order to establish real
property liens for collection
of such past due ac-
counts. Upon motion the
documents were received
and filed and Resolution
No. 237-08 Adopting the
Schedule of Assessments
for delinquent water, sew-
er, refuse and stormwater
collection accounts and
specifying the number of
annual installments into
which assessments are
divided, the interest on all
unpaid installments, the
time when the assess-
ments are payable and di-
recting the Clerk to certify
the schedule of assess-
ments to the County
Treasurer and to publish
notice thereof was adopt-
ed.
Library Board of Trust-
ees: Michael J. Shubatt
submitting his resignation
from the Library Board of
Trustees. Motion by Jones
to receive and file the
document and accept the
resignation. Seconded by
Connors. Jones thanked
Mr. Shubatt for his service.
Motion carried 6-0.
Interim Application for
Wireless Telecommunica-
tions Facilities: City Man-
ager recommending ap-
proval of an interim appli-
cation process for wireless
telecommunications facili-
ties (towers and co -
located equipment) on City
property throughout the
community. Upon motion
the documents were re-
ceived and filed and Reso-
lution No. 238-08 Adopting
an interim application
process for wireless tele-
communications facilities
was adopted.
Liquor License Transfers:
Request of the Dubuque
County Historical Society
to transfer their liquor li-
cense to 720 Central Ave-
nue on July 24, 2008 and
to 501 Bell Street on Au-
gust 2, 2008. Upon motion
the documents were re-
ceived, filed, and ap-
proved.
Liquor License Refund:
Request of Mark Molo,
Molo Oil Company, for a
refund of the Class B Beer
Permit for the Big 10 Mart
located at 9th and Central.
Upon motion the docu-
ment was received, filed,
and approved. -
Liquor License Applica-
tions: City Manager rec-
ommending approval of
annual liquor license re-
newals as submitted.
Upon motion the docu-
ments were received and
filed and Resolution No.
239-08 Granting the issu-
ance of five renewal per-
mits to sell cigarettes and
cigarette papers; Resolu-
tion No. 240-08 Granting
the issuance of a Class
"B" Beer Permit (14-Day
Special Event) to Grand
Harbor Resort; a Class "B"
Beer Permit (5-Day Special
Event) to Music n More;
and a Class "C" Beer Per-
mit to Sid's Beverage, Oky
Doky #14, Kwik Stop,
Road Rangers #159, #160
and #161; and Resolution
No. 241-08 Granting the
issuance of a Class "C"
Beer/Liquor License to
Club Phoenix, Tri-State
Golf Center, Knicker's Sa-
loon. Walnut Tap. House
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STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: July 30, 2008, and for which the charge is $340.13.
ID%
Subscribed to before me a Notary Public in and for Dubusle County, Iowa,
this .,110 day of w , 20 2 .
Ndfary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2011
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City Coun-
cil met in regular session
at 6:30 p.m. on July 21,
2008 in the Historic Feder-
al Building.
Present: Mayor Buol,
Council Members Con-
nors, Jones, Lynch,
Resnick, Voetberg, City
Manager Van Milligen; As-
sistant City Attorney
O'Brien
Absent: Council Member
Braig
Mayor Buol read the call
and stated this is a regular
session called for the pur-
pose of discussing such
matters which may proper-
ly come before the City
Council.
Invocation was provided
by Pastor Tom Zinkula,
Holy Spirit Pastorate
CONSENT ITEMS
Motion by Lynch to I re-
ceive and file the docu-
ments, adopt the resolu-
tions, and dispose of as in-
dicated. Seconded by
Voetberg. Jones requested
(#22) Library Board of
Trustees be held for sepa-
rate discussion. Motion
carried 6-0.
Minutes and Reports
Submitted: City Council of
7/7; Civil Service Commis-
sion of 6/17; Historic Pres-
ervation Commission of
6/19; Park and Recreation
Commission of 6/10 and
7/8; Zoning Advisory Com-
mission of 7/20; Zoning
Board of Adjustment of
6/26. Upon motion the
documents were received
and filed.
Notice of Claims/Suits:
Terrell Mitchem for vehicle
damage; Dennis McCarthy
for property damage;
Portzen Construction
d/b/a/ Dubuque Plumbing
and Heating Company for
costs incurred on public
improvement project.
Upon motion the docu-
ments were received and
filed and referred to the
City Attorney.
City Attorney advising
that the following claims
have been referred to Pub-
lic Entity Risk Services of
Iowa, the agent for the Io-
wa Communities Assur-
ance Pool: Jim Huff for ve-
hicle damage; Dennis
McCarthy for property
damage; Justin Ramos for
vehicle damage; Laddie
Sula for vehicle damage.
Upon motion the docu-
ments were received and
filed and concurred.
Fiscal Year 2009 Com-
munity Development Block
Grant (CDBG) Agreement:
City Manager recommend-
ing approval of the Fiscal
Year 2009 Community De-
velopment Block Grant
(CDBG) Agreement with
the U.S. Department of
Housing and Urban Devel-
opment (HUD) in the
amount of $1,209,427.
Upon motion the docu-
ments were received and
filed and Resolution No.
226-08 Authorizing execu-
tion of a Community De-
velopment Block Grant
Agreement with the U.S.
Department of Housing
and Urban Development
was adopted.
Purchase of Property -.
Bricktown Parking Lot:
City Manager recommend-
ing acceptance of the War-
ranty Deed from Paul M.
Fahey for purchase of the
Bricktown Parking Lot at
280 Locust Street. Upon
motion the documents
were received and filed
and Resolution No. 227-08
Accepting the deed to cer-
tain real estate in Dubuque
County, Iowa from Paul M.
Fahey was adopted.
2009 Fireworks Display:
Communication from the
Dubuque Jaycees, KDTH,
KATF, KGRR and The Riv-
er requesting permission
to conduct a fireworks dis-
play on Thursday, July 3,
2009 (rain date of July 4,
2009) on Volunteer Road.
Upon motion the docu-
ments were received, filed,
and approved.
Request to Vacate City
Property: Communication
from Brian J. Kane, repre-
senting Thomas A.
Luksetich, requesting to
purchase a 9,000 square
foot parcel of City -owned
property on Kerper Boule-
vard. Upon motion the
document was received
and filed and referred to
the City Manager.
Every Child / Every Prom-
ise: Communication from
Mae Hingtgen, Executive
Director, expressing ap-
preciation to the City of
Dubuque for support of
the Every Child / Every
Promise initiative. Upon
CV ..OIJC ,Ily II 1WIV
Project - Phase II, as com-
pleted by Voltmer, Inc. of
Decorah, Iowa, in the final
contract amount of
$271,558.75. Upon motion
the documents were re-
ceived and filed and Reso-
lution No. 229-08 Accept-
ing the US 20 (Devon Drive
to Menards) Capacity Im-
provements Project -
Phase II, Traffic Signal and
Intelligent Transportation
System Improvements
(STP-A-020-9(187)--22-31)
and authorizing payment
of the contract amount to
the contractor was adopt-
ed.
Raven Oaks Drive - Plat
of Survey: City Manager
recommending approval of
a request from the Dubu-
que County Auditor for the
platting of the balance of
Raven Oaks Drive. Upon
motion the documents
were received and filed
and Resolution No. 230-08
Approving plat of survey of
Lot 4B of Raven Oaks No.
2 was adopted.
Iowa Department of
Transportation: Communi-
cation from Nancy J. Ri-
chardson, Director - Iowa
Department of Transporta-
tion, expressing apprecia-
tion to the City of Dubuque
for assistance during the I-
80 traffic detour through
Dubuque. Upon motion
the document was re-
ceived and filed.
Purchase of Property -
504 East 22nd Street: City
Manager recommending
approval of the purchase
of a residential rental
dwelling at 504 East 22nd
Street as part of the ac-
quisition program associ-
ated with the Bee Branch
Creek Restoration Project.
Upon motion the docu-
ments were received and
filed and Resolution
No.231-08 Approving the
acquisition of real estate
located at 504 East 22nd
Street in the City of Dubu-
que was adopted.
Purchase of Property -
2251 Elm Street: City Man-
ager recommending ap-
proval of the purchase of a
residential dwelling at
2251 Elm 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. 232-08 Approving the
acquisition of real estate
located at 2251 Elm Street
in the City of Dubuque was
adopted.
Purchase of Property -
2120 Kniest Street: City
Manager recommending
approval of the purchase
of a residential dwelling at
2120 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. 233-08 Approving the
acquisition of real estate
located at 2120 Kniest
Street in the City of Dubu-
que was adopted.
Purchase of Property -
324 East 24th Street: City
Manager recommending
approval of the purchase
of a residential rental
dwelling at 324 East 24th
Street as part of the ac-
quisition program associ-
ated with the Bee Branch
Creek Restoration Project.
Upon motion the docu-
ments were received and
filed and Resolution No.
234-08 Approving the ac-
quisition of real estate lo-
cated at 324 East 24th
Street in the City of Dubu-
que was adopted.
Purchase of Property -
2243 Prince Street: City
Manager recommending
approval of the purchase
of a residential rental
dwelling at 2243 Prince
Street as part of the ac-
quisition program associ-
ated with the Bee Branch
Creek Restoration Project.
Upon motion the docu-
ments were received and
filed and Resolution No.
235-08 Approving the ac-
quisition of real estate lo-
cated at 2243 Prince
Street in the City of Dubu-
que was adopted.
Jackson Park Bicycle
Rack: Historic Preservation
Commission recommend-
ing approval of the design
of the custom-made bicy-
cle rack in Jackson Park
as submitted. Upon mo-
tion the documents were
received, filed, and ap-
proved.
Plat of Survey of Riedl
Place: Zoning Advisory
Commission recommend-
ing approval of the plat of
survey of Riedi Place.
Upon motion the docu-
ments were received and
filed and Resolution No.
236-08 Approving the plat
of survey of Riedl Place in
the City of Dubuque, Iowa,
was adopted.
Water Meter Review and
Testing Project: City Man-
ager recommending ap-
proval of the selection of
HDR to complete the Wa-
ter Meter Review and Test
ing Project at a cost not to
exceed $50,000. Upon
motion the documents
were received, filed, and
approved.
Delinquent Water, Sewer,
Refuse and Stormwater
Management Accounts:
City Manager recommend-
ing approval of the sub -
cation process for wireless
telecommunications facili-
ties (towers and co -
located equipment) on City
property throughout the
community. Upon motion
the documents were re-
ceived and filed and Reso-
lution No. 238-08 Adopting
an interim application
process for wireless tele-
communications facilities
was adopted.
Liquor License Transfers:
Request of the Dubuque
County Historical Society
to transfer their liquor li-
cense to 720 Central Ave-
nue on July 24, 2008 and
to 501 Bell Street on Au-
gust 2, 2008. Upon motion
the documents were re-
ceived, filed, and ap-
proved.
Liquor License Refund:
Request of Mark Molo,
Molo Oil Company, for a
refund of the Class B Beer
Permit for the Big 10 Mart
located at 9th and Central.
Upon motion the docu-
ment was received, filed,
and approved. -
Liquor License Applica-
tions: City Manager rec-
ommending approval of
annual liquor license re-
newals as submitted.
Upon motion the docu-
ments were received and
filed and Resolution No.
239-08 Granting the issu-
ance of five renewal per-
mits to sell cigarettes and
cigarette papers; Resolu-
tion No. 240-08 Granting
the issuance of a Class
"B" Beer Permit (14-Day
Special Event) to Grand
Harbor Resort; a Class "B"
Beer Permit (5-Day Special
Event) to Music n More;
and a Class "C" Beer Per-
mit to Sid's Beverage, Oky
Doky #14, Kwik Stop,
Road Rangers #159, #160
and #161; and Resolution
No. 241-08 Granting the
issuance of a Class "C"
Beer/Liquor License to
Club Phoenix, Tri-State
Golf Center, Knicker's Sa-
loon, Walnut Tap, House
of China, and Eagles Club;
and a Class "B" Wine Per-
mit to Sid's Beverage were
adopted.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Lynch to re-
ceive and file the docu-
ments, set the public hear-
ings as indicated, and di-
rect the City Clerk to pub-
lish notice as prescribed
by law. Seconded by Con-
nors. Motion carried 6-0.
Petrakis Field Turf Re-
placement Project: City
Manager recommending
initiation of the public bid-
ding process for. the
Petrakis Field Turf Re-
placement Repair Project
and that a public hearing
be set for August 4, 2008
to consider approval of the
plans and specifications,
form of contract and esti-
mated cost. Upon motion
the documents were re-
ceived and filed and Reso-
lution No. 242-08 Prelimi-
nary approval of plans,
specifications, form of
contract, and estimated
cost for the Petrakis Field
Turf Replacement Project;
Resolution No. 243-08
Setting date of hearing on
the plans, specifications,
form of contract, and esti-
mated cost for the Petrakis
Field Turf Replacement
Project; and Resolution
No. 244-08 Ordering bids
for the Petrakis Field Turf
Replacement Project were
adopted setting a public
hearing for a meeting to
commence at 6:30 p.m. on
August 4, 2008 in the His-
toric Federal Building.
Dubuque Industrial Cen-
ter West - Demolition and
Grading Project: City Man-
ager recommending initia-
tion of the public bidding
process for the Dubuque
Industrial Center West -
Demolition and Grading
Project and that a public
hearing be set for August
4, 2008 to consider appro-
val of the plans and speci-
fications, form of contract
and estimated cost. Upon
motion the documents
were received and filed
and Resolution No. 245-08
Preliminary approval of
plans, specifications, form
of contract, and estimated
cost, setting date of public
hearing and ordering bids
for the Dubuque Industrial
Center West - Demolition
and Grading Project was
adopted setting a public
hearing for a meeting to
commence at 6:30 p.m. on
August 4, 2008 in the His-
toric Federal Building.
BOARDS/COMMISSIONS
Applicants were invited to
address the City Council
regarding their desire to
serve on the following
Boards/Commissions:
Housing Commission:
Three 3-year expired terms
through August 17, 2011
(Terms of Helling,
Frommelt, Mozena). Appli-
cants: Linda Frommelt,
140 N. Algona Street; Wil-
liam Helling, 4988 Red Vio-
let Drive; Lynn Sutton, 876
Yale Court. Ms. Sutton
ald Z' V'V V
;3 RAn'RS C9-Sh
Ronne Cash
Subscribed to before me, a Notary P
this day of
spoke in support of her
appointment.
Library Board of Trust-
ees: One 4-year vacant
term through July 1, 2011
(Term of Shubatt). Appli-
cant: Matthew Seamer,
432 Summit Street. Mr.
Seamer spoke in support
of his appointment.
Appointments to the fol-
lowing Boards/Commis-
sions:
Civil Service Commission
(Mayor Appointment): One
4-year vacant term
through April 6, 2009
(Term of Duehr). Appli-
cants: Joseph Link, 1290
Pamela Court; John Ste-
vens, 2215 Graham Circle;
Daniel White, 2919 Elm
Street. Upon City Council
concurrence, Mayor Buol
appointed Dan White to a
4-year vacant term though
April 6, 2009.
Historic Preservation
Commission (Cathedral Hill
District Interim Represen-
tative): One 3-year vacant
term through July 1, 2009
(Term of Coty). Applicant:
Michael Knight, 205 Bluff
Street. Motion by Connors
to appoint Michael Knight
to a 3-year vacant term
through July 1, 2009.
Seconded by Jones. Mo-
tion carried 6-0.
Transit Board of Trust-
ees: Two 3-year expired
terms through July 30,
2011 (Terms of Enderson,
Lightcap, Davidson). Appli-
cants: George Enderson,
Jr., 511 St. George Street;
Joel Lightcap, 1985 Alta
Vista Street. Motion by
Connors to reappoint
George Enderson, Jr. and
Joel Lightcap to 3-year
terms through July 30,
2011. Seconded by Lynch.
Motion carried 6-0.
Zoning Board of Adjust-
ment: One 5-year vacant
term through March 25,
2013 (Term of Urell). Appli-
cant: Jeff Cremer, 919 1/2
Bluff Street. Motion by
Lynch to appoint Jeff
Cremer to a 5-year vacant
term through March 25,
2013. Seconded by
Voetberg. Motion carried
6-0.
PUBLIC HEARINGS
Upon motion the rules
were suspended allowing
anyone to address the City
Council.
989 Langworthy Street -
Request to Rezone: Proof
of publication on notice of
hearing to consider a re-
quest from Dr. William May
to rezone property located
at 989 Langworthy Street
from R-2 Two -Family Resi-
dential District to OR Of-
fice Residential District
and Zoning Advisory Com-
mission recommending
approval.
Communication from Ri-
chard and Carol McGrane,
1019 Langworthy Street, in
opposition to the proposed
rezoning.
Motion by Connors to re-
ceive and file the docu-
ments and that the re-
quirement that a proposed
ordinance be considered
and voted on for passage
at two Council meetings
prior to the meeting at
which it is to be passed be
suspended. Seconded by
Jones. Motion carried 6-0.
Motion by Connors for fi-
nal consideration and pas-
sage of Ordinance No. 50-
08 Amending Appendix A
(the Zoning Ordinance) of
the City of Dubuque Code
of Ordinances by reclassi-
fying hereinafter described
property located at 989
Langworthy from R-2 Two -
Family Residential District
to OR Office Residential/
High Density Multi -Family
Residential District.
Seconded by Lynch. Dr.
William May, Lang -
worthy Lan -
worthy Street, spoke in
support of the rezoning
stating that he was ex-
panding his business, the
area was mostly institu-
tional, buffering would be
provided, and an addition-
al parking lot would be
added. Planning Services
Manager Laura Carstens
provided a staff report.
Upon questioning, Resnick
was informed that parking
requirements are satisfac-
tory, but that additional
dentists could increase ve-
hicle activity. Motion car-
ried 6-0.
Keymont Drive - Request
to Rezone: Proof of publi-
cation on notice of hearing
to consider a request from
Charles Daoud to rezone
property located east of
Keymont Drive from R-1
Single -Family Residential
District to R-2 Two -Family
Residential District and
Zoning Advisory Commis-
sion recommending appro-
val.
Communication from the
Stewart Family, 1815 Key-
way Drive, in opposition to
the proposed rezoning.
Communication from
Donna and Pat Smith,
1827 Key Way, in opposi-
tion to the proposed
rezoning.
Motion by Connors to re-
ceive and file the docu-
ments and that the re-
quirement that a proposed
ordinance be considered
and voted on for passage
at two Council meetings
prior to the meeting at
which it is to be passed be
suspended. Seconded by
Jones. Motion failed 4-2.
Charles Daoud, 396
Moore Heights, spoke in
support of the rezoning
stating that it will be a mix
of residences with a uni-
form design. Mr. Daoud
said he was committed to
working with the neighbors
and four acres will be
dedicated to the City for
park space. He is working
with the City on pavers,
trees, and traffic concerns.
Planning Services Manag-
er Laura Carstens provid-
ed a staff report. Upon
questioning by City Coun-
cil, Mr. Daoud stated that
there is no need for a sec-
ond exit at this time and
that the right-of-way would
remain the same. With re-
gard to the installation of
sidewalks on one side on-
ly, this would be reviewed
as part of the subdivision
review process.
Keith Steuer, 785 Boyer
Street; Kyle Stewart, 1815
Keyway Street; Earl
Alexander, 1834 Key Way;
Robin Kennicker, 904 Lin-
coln Avenue; and Donna
Smith, 1827 Key Way
spoke in opposition to or
about certain aspects of
the project. Discussion in-
cluded concerns over in-
creased and restricted
traffic, safety issues, drain-
age, curb and gutter im-
provements, the need for
open green space, soil
testing, project design,
and the denial of the
rezoning of this property in
1988.
Connors stated that it
was an exciting project
and met the City Council's
sustainability goals and
displayed best manage-
ment practices. Jones
questioned the City's poli-
cy on not currently allow-
ing drainage pavers and
stated that the current R1
zoning still allows anyone
to build. Lynch stated that
he'd be more comfortable
with the project if there
was a second outlet for
traffic. Voetberg stated
that sidewalks are always
an issue and the 1988
project was considerably
denser. He was bothered
by the cutting of trees for
the current project.
Resnick stated it was an
interesting plan but was
concerned by the density,
traffic issues, and the
many questions about the
project. Buol stated that
this was the first real sus-
tainable project to be
brought before the City
Council and that the traffic
issues could be managed.
Motion by Connors• to
consider the first reading
of a proposed ordinance
Amending Appendix A
(The Zoning Ordinance) of
the City of Dubuque Code
of Ordinances by reclassi-
fying hereinafter described
property located east of
Keymont Drive from R-1
Single -Family Residential
District to R-2 Two -Family
Residential District.
Seconded by Lynch. Mo-
tion carried 5-1 with
Voetberg voting nay.
Bluff Overlay District Or-
dinance: Proof of publica-
tion on notice of hearing to
consider an amendment to
Appendix A (the Zoning
Ordinance) by adding new
language establishing a
Bluff Overlay District and
Zoning Commis-
sion n Advisory
9
recommending denial.
City Manager submitting
information regarding re-
construction of structures
within the Bluff Overlay
District.
Communication from Da-
vid S. Hartig in support of
the Bluff Overlay District
Ordinance.
Motion by Jones to re-
ceive and file the docu-
ments and concur with de-
nial of a proposed ordi-
nance Amending Appendix
A (the Zoning Ordinance)
of the City of Dubuque
Code of Ordinances by
adding new language es-
tablishing a Bluff Overlay
District. Seconded by
Voetberg. Motion carried
6-0.
The following citizens
spoke in opposition to the
proposed ordinance -or 'ex-
pressed concerns over
certain aspects of the
measure: Attorney Davin
Curtiss, representing Mark
Falb of 770 Mt. Carmel
Road and other Mt. Car-
mel Road property own-
ers; Dr. Charles Winter -
wood, 1555 Montrose Ter-
race; Jim Schroeder, 515
Candlewick Court; Mike
Klein, 3084 Eagle Point
Drive ; Ed Tschiggfrie, 400
Julien Dubuque Drive; Bit
Alfredo, 1155 Grove Ter-
race; Ron Smith, 1640
Justin Lane; Rod
Tschiggfrie, 600 Sapphire
Drive; Trent Marting, 390
Mississippi View Drive;
and Mike Keegan, 500 Villa
Street. Concerns included
private property issues,
projects already in prog-
ress, property devaluation,
the affect on single-family
properties vs. commercial
and Planned Unit Develop-
ment, repeats ordinances
already in place
The following citizens
spoke in support of the
proposed ordinance or ex-
pressed concerns over the
need for some regulation:
Ann Michalski, 1520 Altura
Street; Bluffland Advisory
Committee Member Robin
Kennicker, 904 Lincoln
Avenue; Bluffland Advisory
Committee Member Dick
Vorwald, 2921 Washing-
ton; Cinda Welu, 2609
Broadway Street; and
Bluffland Advisory Com-
mittee Member Lou
Oswald, 1080 Nowata
Street. Concerns included
the need for regulation
considering the number of
properties affected, insist-
ingappropriate on a ro riate
devel-
opment, and bluff land
conservation as a
community -wide issue.
Many thanked the
Bluffland Advisory Com-
mittee for their hard work
on a difficult issue.
Mayor Buol read a written
statement from Council
Member Braig into the re-
cord. Voetberg stated that
the City was attacking a
problem that didn't exist
and the plan wasn't well
thought out. Lynch stated
that the Bluffland Advisory
Committee did tremen-
dous work, but the proc-
ess went wrong some-
where. He further stated
that compromise was
missing from the process
and questioned where the
opposition was two years
ago. Jones stated that he
appreciated the hard work
of the Committee, but not-
ed that people get upset
whenever the bluffs are
damaged. He further stat-
ed that PUD's are the
most scrutinized of the
City's development activi-
ties. Connors stated that
the end result should have
been having a process in
place to help development
but the proposal before
them was too burden-
some. Resnick thanked
the Committee for its hard
work, and stated that he
has confidence in resi-
dents regarding steward-
ship of their property. Buol
concurred with Council's
comments stating that
there are many ordinances
already in place and sug-
gested to those interested
in saving the bluffs that
they purchase property
and place it in a conserv-
ancy.
11th Street Steps and
Grove Terrace Retaining
Wall Repair Project: Proof
of publication on notice of
hearing to consider the
plans and specifications,
form of contract and esti-
mated cost for the 11th
Street Steps and Grove
Terrace Retaining Wall Re-
pair Project and award of
the contract to Portzen
Construction, Inc. in the
amount of $589,175.50,
and City Manager recom-
mending approval. Motion
by Lynch to receive and
file the documents and
adopt Resolution No. 246-
08 Approving plans, speci-
fications, form of contract,
and estimated cost, for the
11th Street Steps and
Gr
ove Terrace Retaining
Wall Repair Project; and
P
Resolution No. 247-08
Awarding contract for the
11th Street Steps and
Grove Terrace Retaining
Wall Repair Project to
Portzen Construction, Inc.
in the amount of
$589,175.50 were adopted
including a letter from the
Historic Preservation Com-
mission reviewing the proj-
ect and recommending ap-
proval with the following
conditions: the course
work is horizontal, the pro-
posed light fixture be cen-
tered in front of the tunnel,
and the tunnel be up light-
ed. Seconded by Jones.
Motion carried 6-0.
Iowa Street Parking
Ramp to NICC Building -
Walkway Project: Proof of
publication on notice of
hearing to consider the
plans and specifications,
form of contract and esti-
mated cost for the Iowa
Street Parking Ramp to
NICC Building - Walkway
Project and City Manager
recommending approval.
Motion by Jones to receive
and file the documents
and adopt Resolution No.
248-08 Approving plans,
specifications, form of
contract, and estimated
cost for the Iowa Street
Parking Ramp to NICC
Building - Walkway Proj-
ect. Seconded by Con-
nors. Motion carried 6-0.
Upon motion the rules
were reinstated limited dis-
cussion to the City Council
ACTION ITEMS
Hirsch Claim Against the
City of Dubuque: City
Manager submitting infor-
mation regarding the claim
of Barb and Gerald Hirsch
and the sanitary sewer lat-
eral serving the Hirsch res-
idence at 757 West 3rd
Street: Motion by Connors
to receive and file the
documents and concur
with denial of the claim.
Seconded by Lynch. Mo-
tion carried 5-1 with
Resnick voting nay. Mr.
Hirsch spoke in support of
approval of his claim and
submitted additional pho-
tos of the area.
Sale of City -Owned Prop-
erty - 1126 White Street:
City Manager recommend-
ing approval of the sale of
property at 1126 White
Street to Horsfall, Inc. for
the purpose of its conver-
sion to condominiums and
resale to owner -occu-
pants. Motion by Jones to
receive and file the docu-
ments and adopt Resolu-
tion" No. 249-08 Approving
the sale of real estate lo-
cated at 1126 White Street
in the City of Dubuque, Io-
wa. Seconded by Con-
nors. Motion carried 6-0.
Snow Route Parking Re-
striction System (Tabled
on May 19, 2008): City
Manager recommending
revisions to Dubuque's
snow route parking restric-
tion system as stipulated
in Section 32-321.682 of
the Code of Ordinances.
Motion by Jones to re-
move from the table.
Seconded by Connors.
Motion carried 6-0.
Motion by Jones to re-
ceive and file the docu-
ments and that the re-
quirement 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 6-0.
Motion by Jones for final
consideration and passage
of Ordinance No. 51-08
Amending City of Dubuque
Code of Ordinances Sec-
tion 32-321.682 Snow
Route, Restricted Parking,
by authorizing the City
Manager Van Milligen; As-
sistant City Attorney
O'Brien
Absent: Council Member
Braig
Mayor Buol read the call
and stated this is a regular
session called for the pur-
pose of discussing such
matters which may proper-
ly come before the City
Council.
Invocation was provided
by Pastor Tom Zinkula,
Holy Spirit Pastorate
CONSENT ITEMS
Motion by Lynch to re-
ceive and file the docu-
ments, adopt the resolu-
tions, and dispose of as in-
dicated. Seconded by
Voetberg. Jones requested
(#22) Library Board of
Trustees be held for sepa-
rate discussion. Motion
carried 6-0.
Minutes and Reports
Submitted: City Council of
Manager to issue a snow
restricted parking declara-
tion; and Ordinance No.
52-08 Amending City of
Dubuque Code of Ordi-
nances Section 32-321-
621 Parking Violations -
Fines to allow the first
snow route restriction tick-
et of each winter issued to
a vehicle to be voided if
the owner of the vehicle
registers their contract in-
formation with the Police
Department. Seconded by
Lynch. Motion carried 6-0.
Fiscal Year 2009 Dubu-
que County REAP Plan:
City Manager recommend-
ing approval of the City of
Dubuque's update of the
Fiscal Year 2009 Dubuque
County REAP Plan, sub-
mittal of the Fiscal Year
2009 REAP grant applica-
tion for installation of the
Iowa 32 Bike/Hike Trail -
Phase 2 Project, and ap-
pointment of a City Coun-
cil representative (currently
Council Member Joyce
Connors) to the REAP
Committee. Motion by
Connors to receive and file
the documents, adopt
P
Resolution No. 250-08 Au-
thorizing a REAP Grant
Application to the Iowa
Department of Natural Re-
sources for Phase 2 of the
Iowa 32 Bike/Hike Trail,
and reappointment of her-
self to the REAP Commit-
tee. Seconded by Voet-
berg. Motion carried 6-0.
CLOSED SESSION
Motion by Jones at 9:50
p.m. to go into closed ses-
sion regarding pending liti-
gation and property ac-
quisition pursuant to
Chapter 21.5(1)(c)(j) of the
2007 Code of Iowa.
Seconded by Lynch. Mo-
tion carried 6-0.
Upon motion, the City
Council reconvened in
open session at 10:16 p.m.
stating. that they had given
staff proper direction.
There being no further
business, upon motion the
City Council adjourned at
10:17 p.m.
Jeanne F. Schneider,
CMC, City Clerk
it 7/30
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: July 30, 2008, and for which the charge is $340.13.
PJ2e
Subscribed to before me a Notary Public in and for Dubu e County, Iowa,
da
y �`,� d y of ,�, 20 ,
Nary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
My Comm. ExD. FEB. 1, 2011