7 20 09 City Council Proceedings Offical
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on July 20, 2009 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
Invocation was provided by Pastor Jennifer Meyer of Rockdale-Center Grove Methodist
Church.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Voetberg. Motion carried 7-0.
Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 6/2; City
Council of 7/6 and 7/9; Civil Service Commission of 6/10; Historic Preservation Commission of
6/18 (Regular Meeting and Worksession); Investment Oversight Advisory Commission of 4/22;
Zoning Advisory Commission of 7/1; Zoning Board of Adjustment of 6/25
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Investment Oversight Commission’s 64 Quarterly Report
Proofs of publication of City Council Proceedings of June 15, 23, and 30, 2009
Upon motion the documents were received and filed.
Notice of Claims/Suits: Camille Blackburn for vehicle damage; Paula Hammerand for
personal injury; Marjorie Meyer for property damage. Upon motion the documents were
received and filed and referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Katherine Dietzel for
vehicle damage; Marjorie Meyer for property damage; Camille Blackbourn for vehicle damage;
Paula Hammerand for personal injury. Upon motion the documents were received, filed and
concurred.
Agreement with Hillcrest Family Services: City Manager recommending approval of an
agreement with Hillcrest Family Services for the use of Murphy Park for a holiday light display.
Upon motion the documents were received, filed, and approved.
Purchase of Property – 502 / 504 Rhomberg Avenue: City Manager recommending
approval to purchase a residential dwelling located at 502 / 504 Rhomberg Avenue as part of
the acquisition program associated with the Bee Branch Creek Restoration Project. Upon
motion the documents were received and filed and Resolution No. 238-09 Approving the
acquisition of real estate located at 502 / 504 Rhomberg Avenue in the City of Dubuque was
adopted.
RESOLUTION NO. 238-09
APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 502-504 RHOMBERG
AVENUE, IN THE CITY OF DUBUQUE
WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended
in the 2001 HDR “Drainage Basin Master Plan;” and
WHEREAS,a purchase agreement has been finalized with the owner of the sixty fourth
property scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property:
Lot 19 and the Northeasterly 8 feet 2 inches of Lot 20, in Smedley’s Subdivision in the City
of Dubuque, Iowa, according to the recorded plats thereof.
At the cost of Seventy five thousand dollars ($75,000).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim
deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the
herein described real estate.
Section 3. That the City Clerk be and she is hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and she is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
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Passed, approved, and adopted this 20 day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Citizen Communication: Communication from Patricia Haas urging the City to adopt the
Proposed Ordinance Section 5-2.1 regarding conditional uses for R-1 Dwellings, in particular
Accessory Dwelling Units. Upon motion the document was received and filed.
U.S. Department of Housing and Urban Development: Communication from the U.S.
Department of Housing and Urban Development advising that the Homelessness Prevention
and Rapid Re-Housing Program Substantial Amendment to the City’s Consolidated Plan 2008
Action Plan had been approved for funding. Upon motion the documents were received and
filed.
Iowa Great Places Grant: City Manager recommending approval of the submittal of the Iowa
Great Places grant application for the following projects: Streetscape and Public Space
Improvements in the Historic Millworking District; National Mississippi River Museum and
Aquarium Great River Center Phase II; and Installation of Windows in the Carnegie-Stout
Library Renovation. Upon motion the documents were received, filed, and approved.
PEG Capital Grant Expenditure Request: City Manager recommending approval of the
Cable TV Tele-Programming Commission recommendation for funding from the Public,
Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for up
to $4,200 for a portable digital recorder for recording of School Board meetings and other
events. Upon motion the documents were received, filed, and approved.
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Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project: City Manager
recommending that the original contract offer awarded to K & W Coating, LLC of Elkader, Iowa
in the amount of $35,000 for the Eagle Point Water Plant West Clear Well Phase II Pipe
Coating Project be rescinded and a new contract be awarded to the second low bidder,
Superior Painting & Epoxy Coating, LLC of Urbandale, Iowa in the amount of $36,256. Upon
motion the documents were received and filed and Resolution No. 239-09 Rescinding
Resolution No. 142-09 Awarding the Public Improvement Contract for the Eagle Point Water
Plant Clear Well Reservoir Phase II Rehabilitation (Pipe Coating) Project to K & W Coating,
LLC; and Resolution No. 240-09 Awarding the public improvement contract for the Eagle Point
Water Plant Clear Well Reservoir Phase II Rehabilitation (Pipe Coating) Project to Superior
Painting & Epoxy Coating, LLC, were adopted.
RESOLUTION NO. 239-09
RESCINDING RESOLUTION NO. 142-09 AWARDING THE PUBLIC IMPROVEMENT
CONTRACT FOR THE EAGLE POINT WATER PLANT CLEAR WELL RESERVOIR PHASE
II REHABILITATION (PIPE COATING) PROJECT TO K & W COATING, LLC.
Whereas, Resolution No. 142-09 awarded the public improvement contract to K & W
Coating, LLC of Elkader, Iowa for the Eagle Point Water Plant Clear Well Reservoir Phase II
Rehabilitation (Pipe Coating) Project; and
Whereas, K & W Coating, LLC has failed to meet and comply with the contract insurance
requirements for this project.
Now therefore, be it resolved by the City Council of the City of Dubuque, Iowa:
That Resolution No. 142-09 be and is hereby rescinded.
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Passed, approved and adopted this 20 day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 240-09
AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE EAGLE POINT WATER
PLANT CLEAR WELL RESERVOIR PHASE II REHABILITATION (PIPE COATING)
PROJECT TO SUPERIOR PAINTING & EPOXY COATING, LLC
Whereas, sealed proposals were submitted by contractors for the Eagle Point Water Plant
Clear Well Reservoir Phase II Rehabilitation (Pipe Coating) Project (the Project) pursuant to
Resolution 116-09; and
Whereas, Resolution No. 142-09 awarded the public improvement contract to K & W
Coating, LLC of Elkader, Iowa for the Project; and
Whereas, K & W Coating, LLC failed to meet and comply with the contract insurance
requirements for the Project; and
Whereas, Resolution No. 142-09 has been rescinded; and
Whereas, Superior Painting & Epoxy Coating, LLC of Urbandale, Iowa with a bid in the
amount of $36,125 is the next lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Superior Painting
& Epoxy Coating, LLC of Urbandale, Iowa and the City Manager is hereby directed to execute
a Public Improvement Contract on behalf of the City of Dubuque for the Project.
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Passed, approved and adopted this 20 day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements - Project, Phase II:
City Manager recommending award of the public improvement contract for the Pennsylvania
Avenue from IA 32 to Vizaleea Drive Safety Improvements Project to McDermott Excavating in
the amount of $310,221.51. Upon motion the documents were received and filed and
Resolution No. 241-09 Awarding public improvement contract for the Pennsylvania Avenue
from IA 32 to Vizaleea Drive Safety Improvements Project was adopted.
RESOLUTION NO. 241-09
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE PENNSYLVANIA AVENUE
FROM IA 32 TO VIZALEEA DRIVE SAFETY IMPROVEMENTS PROJECT, PHASE ii
Whereas, sealed proposals have been submitted by contractors for the Pennsylvania
Avenue from IA 32 to Vizaleea Drive Safety Improvements Project, Phase II (the Project)
pursuant to Resolution No. 203-09 and Notice to Bidders published in a newspaper published
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in the City of Dubuque, Iowa on the 19 and 26 days of June, 2009.
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Whereas, said sealed proposals were opened and read on the 16 day of July, 2009 and it
has been determined that McDermott Excavating of City, State, with a bid in the amount of
$310,221.51, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to McDermott
Excavating, contingent upon the approval of the Iowa Department of Transportation, and the
City Manager is hereby directed to execute a Public Improvement Contract on behalf of the
City of Dubuque for the Project.
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Passed, approved and adopted this 20 day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Final Plat – Graf Farm: City Manager recommending approval of the final plat of Graf Farm
Subdivision in Dubuque County, Iowa. Upon motion the documents were received and filed
and Resolution No. 242-09 Rescinding Resolution No. 362-08 and approving the final plat of
Graf Farms in Dubuque County, Iowa, was adopted.
RESOLUTION NO. 242-09
RESCINDING RESOLUTION NO. 362-08 AND APPROVING THE FINAL PLAT OF GRAF
FARM SUBDIVISION IN DUBUQUE COUNTY, IOWA.
Whereas, there has been filed with the City Clerk a Final Plat of Graf Farm Subdivision in
Dubuque County, Iowa; and
Whereas, the Final Plat has been examined by the Zoning Advisory Commission and had its
approval endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it
conforms to the statues and ordinances relating thereto; and
Whereas, Resolution No. 362-08 approved the Final Plat of Graf Farm subdivision but
included a lot where a mortgage release could not be obtained and therefore should be
rescinded.
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.
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Section 2. That the Final Plat of Graf Farm Subdivision 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 Final Plat.
Section 3. Resolution No. 362-08 is hereby rescinded.
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Passed, approved and adopted this 20 day of July 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Civil Service Commission: Civil Service Commission submitting the certified list for the
position of Fire Equipment Operator. Upon motion the documents were received and filed and
made a Matter of Record.
July 10, 2009
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Fire
Equipment Operator was conducted on June 25, 2009. We hereby certify that the following
individuals have passed this written examination and the vacancy for this position should be
made from this list and that this list is good for two (2) years from above date.
FIRE EQUIPMENT OPERATOR
Daniel D. Schuster
David Beaves
Joshua Knepper
Nicholas A. Esch
Jason Link
Craig Enke
Jeffrey Powers
Respectfully submitted,
James Schilling
Dan White,
Civil Service Commission
Community Development Block Grant (CDBG) Fiscal Year 2010 Annual Action Plan
Amendment #1: City Manager recommending approval of the first amendment to the Fiscal
Year 2010 Annual Action Plan. Upon motion the documents were received and filed and
Resolution No. 243-09 Approving Amendment #1 to the Fiscal Year 2010 (Program Year
2009) Annual Action Plan for Community Development Block Grant Funds was adopted.
RESOLUTION NO. 243-09
APPROVING AMENDMENT 1 TO THE FISCAL YEAR 2010 (PROGRAM YEAR 2009)
ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS.
Whereas, the City of Dubuque has prepared and approved an Annual Plan for Fiscal Year
2010 (Program Year 2009); and
Whereas, the City now desires to amend said Fiscal Year 2010 Annual Plan to reflect the
increased Fiscal Year 2010 CDBG allocation as per the attached Exhibit A; and
Whereas, said amendment is a substantial amendment as provided in the City's Citizen
Participation Plan and must therefore be approved by resolution of the City Council after a
public hearing by the Community Development Advisory Commission; and
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Whereas, the City held a public comment period beginning June 3, 2009 with publication in
the Telegraph Herald and on the City website; and
Whereas, the Community Development Advisory Commission reviewed the proposed
amendment on July 8, 2009 and voted to approve said amendment and to recommend
approval by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Amendment 1 to the Fiscal Year 2010 (Program Year 2009) Annual Plan for
the Community Development Block Grant (CDBG) program hereto attached as Exhibits A and
B is hereby approved.
Section 2. That the City Manager is hereby authorized and directed to submit a copy of this
amendment and resolution to the U. S. Department of Housing and Urban Development.
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Passed, approved and adopted this 20 day of July 2009.
Roy D Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
2009 Justice Assistance Grant (JAG): City Manager recommending acceptance of the 2009
Justice Assistance Grant (JAG) in the amount of $360,320. Upon motion the documents were
received, filed, and approved.
Alcohol Compliance – Civil Penalty for Alcohol License Holders: City Manager
recommending approval of the Acknowledgement/Settlement Agreement for a first offense
alcohol compliance violation for Lot One. Upon motion the documents were received, filed, and
approved.
Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts: City Manager
recommending approval of the submission of delinquent water, sewer, refuse and storm water
collection accounts to the Dubuque County Treasurer. Upon motion the documents were
received and filed and Resolution No. 244-09 Adopting the Schedule of Assessments for
delinquent water, refuse, sewer and storm water collection accounts and directing the Clerk to
certify the schedule of assessments to the County Treasurer and to publish notice thereof was
adopted.
RESOLUTION NO. 244-09
ADOPTING THE SCHEDULE OF ASSESSMENTS FOR DELINQUENT WATER, SEWER,
REFUSE AND STORMWATER ACCOUNTS AND DIRECTING THE CITY CLERK TO
CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO
PUBLISH NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the Schedule of Assessments attached hereto for delinquent
water, sewer, refuse, and stormwater accounts which Schedule of Assessments was filed in
the office of the City Clerk on the 13th day of July, 2009, the said Schedule of Assessments be
and the same is hereby approved and adopted.
That there be, and is herby assessed and levied as a lien upon the real property, the
respective sums indicated.
That the City Clerk be and is hereby directed to certify said schedule to the County
Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week
for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of
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which shall be not more than fifteen days from the date of filing of the final schedule. On or
before the date of the second publication of the notice, the City Clerk shall also mail a copy of
said notice to property owners whose property is subject to assessment, as provided and
directed in Iowa Code § 384.60.
The assessments may be paid in full or in part without interest at the Utility Billing Office,
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City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first
publication of the notice of the filing of the Schedule of Assessments with the County
Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer’s Office,
Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be
collected in the same manner as general property taxes against the respective parcels of the
property set opposite the name of the property owner.
Passed, approved and adopted this 20th day of July 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
SCHEDULE OF ASSESSMENTS
FOR DELINQUENT WATER, SEWER, REFUSE AND STORMWATER ACCOUNTS
CUSTOMER NAME, SERVICE ADDRESS, ACCOUNT BALANCE, ADMIN FEE, BALANCE:
Agnes E Steines, 02444 W 32nd, 144.46, 5.00, 149.46; Albert M Davis, 00904 Rhomberg Ave,
91.92, 5.00, 96.92; Alpine Estates LC , 00861 Alpine St #3, 34.30, 5.00, 39.30; Antonio G
Conley, 01104 Riverview St, 168.29, 5.00, 173.29; Auto & Truck Parts, 03000 Jackson St,
208.20, 5.00, 213.20; Beaujolais Estates LC, 00224 S Grandview Ave, 5.79, 5.00, 10.79;
Becky Berntgen, 02854 Pinard St, 171.47, 5.00, 176.47; Belle Estates LC, 01035 Grove
Terrace 1st, 110.45, 5.00, 115.45; Belliqueaux Estate LC, 03190 Keokuk Ct, 25.04, 5.00,
30.04; Belliqueaux Estates LC, 00737 Caledonia St, 9.08, 5.00, 14.08; Belliqueaux Estates LC,
00737 Caledonia St, 215.89, 5.00, 220.89; Belvedere Estates, 00855 S Grandview Ave #2,
40.94, 5.00, 45.94; Belvedere Estates LC, 00855 S Grandview Ave #1, 29.57, 5.00, 34.57; Big
Easy Estates LC, 00554 Angella St, 116.24, 5.00, 121.24; Bill Finn, 02010 Shelby St, 89.15,
5.00, 94.15; Bm Properties LLC, 00765 Alpine St #3, 223.18, 5.00, 228.18; Bm Properties
LLC, 00765 Alpine St #4, 39.77, 5.00, 44.77; Bon Vivant LC, 00453 Almond St 1st, 23.93,
5.00, 28.93; Bonvivant LC, 00505 Almond St 2nd, 2.90, 5.00, 7.90; Boulevard Estates LC,
01854 Delhi St 1st, 2.45, 5.00, 7.45; Bourbon Street Estates LC, 00541 Almond St, 8.24, 5.00,
13.24; Brian P Tedrow, 01876 Central Av #202, 131.90, 5.00, 136.90; Brian P Tedrow, 01876
Central Av #304, 78.77, 5.00, 83.77; Brian P Tedrow, 01876 Central Ave #303, 118.44, 5.00,
123.44; Brighton Estates LC, 00930 Kirkwood St 1st, 3.78, 5.00, 8.78; Brighton Estates LC,
00930 Kirkwood St 2nd, 8.24, 5.00, 13.24; Bristol Estates LC, 01740 Bristol Dr, 20.96, 5.00,
25.96; Chris C Clark, 02411 Rhomberg Ave, 179.73, 5.00, 184.73; Cindy K Merz, 01711 Old
Mill Rd, 291.47, 5.00, 296.47; Citifinancial, Inc, 00328 N Booth St, 41.04, 5.00, 46.04; Clara C
Finger, 01955 Clarke Dr, 35.83, 5.00, 40.83; Corey E Bonner, 01815 W 3rd St, 48.20, 5.00,
53.20; Da Vinci's LLC , 00395 W 9th St, 2,173.22, 5.00, 2,178.22; Dana Kisting, 00702 Wilson
St, 179.64, 5.00, 184.64; Dana Kisting, 00716 Wilson St 1st, 133.91, 5.00, 138.91; Dana
Kisting, 00716 Wilson St 2nd, 149.42, 5.00, 154.42; Dana Kisting, 00718 Wilson St 1st,
158.71, 5.00, 163.71; Dana Kisting, 00718 Wilson St 2nd, 137.33, 5.00, 142.33; Dana Kisting,
00718 Wilson St 3rd, 146.46, 5.00, 151.46; Daniel F Tuthill, 01238 Jackson St, 677.80, 5.00,
682.80; Daniel J Pfeiffer, 00510 Angella St, 295.93, 5.00, 300.93; David O Lochner, 00727 Hill
St 1st, 119.67, 5.00, 124.67; David Stewart, 02560 Maryville Dr, 48.38, 5.00, 53.38; Dennis I
Kramer, 00430 Valeria St, 70.00, 5.00, 75.00; Diane Berry, 00695 Roberts St, 262.89, 5.00,
267.89; Don D Heim, 00596 University Ave, 92.61, 5.00, 97.61; Eunice Newman, 1433
Washington St, 385.93, 5.00, 390.93; Fontainebleu LC, 02495 Asbury Rd Apt 1, 6.90, 5.00,
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11.90; Fontainebleu LC, 02495 Asbury Rd Apt 4, 6.90, 5.00, 11.90; Fontainebleu LC, 2495
Asbury Rd Apt 2, 112.20, 5.00, 117.20; Frank A Kalb, 00715 Alta Vista St 2nd, 70.84, 5.00,
75.84; French Market Estates LC, 01743 White St 1st, 8.03, 5.00, 13.03; French Market
Estates LC, 02409 Jackson St 1st, 54.99, 5.00, 59.99; French Market Estates LC, 02411
Jackson St 2nd, 28.92, 5.00, 33.92; French Quarter Estates LC, 00395 W 17th St 2nd, 88.95,
5.00, 93.95; French Quarter Estates LC, 00395 W 17th St 3rd, 16.65, 5.00, 21.65; Garden
District Estates, 00075 W 24th St #3, 8.79, 5.00, 13.79; Garden District Estates LC, 00075 W
24th St #2, 2.00, 5.00, 7.00; Gary & Susan Bay, 01777 Washington St, 80.66, 5.00, 85.66;
Gary & Susan Bay, 01815 Jackson St, 161.74, 5.00, 166.74; Gary Bernhard, 01100 Roosevelt
St, 138.01, 5.00, 143.01; Gary Bernhard, 01110 Roosevelt St, 55.88, 5.00, 60.88; George E
Salser Jr, 00514 Angella St, 437.21, 5.00, 442.21; Grand Estates LC, 00145 S Grandview Ave,
39.32, 5.00, 44.32; Greg B Cray, 00745 Davis St, 226.23, 5.00, 231.23; Henkels & Company
Inc, 01812 Central Ave #3, 8.23, 5.00, 13.23; High Country Estates LC, 01082 Wilson St 2nd,
12.80, 5.00, 17.80; Highlands Of Dubuque LC, 00663 W 11th St 2nd, 7.57, 5.00, 12.57;
Highlands Of Dubuque LC, 00675 W 11th St 1st, 11.02, 5.00, 16.02; Highlands Of Dubuque
LLC, 01040 Wilson St, 20.52, 5.00, 25.52; J Foht, 00723 Peru Rd, 138.00, 5.00, 143.00;
Jackson Square Estates, 01698 Jackson St #1, 5.60, 5.00, 10.60; Jackson Square Estates LC,
01430 Washington St, 4.01, 5.00, 9.01; Jacqueline R Krantz, 01040 Kelly Ln, 444.05, 5.00,
449.05; James A Barefoot, 02320 Mineral St, 313.20, 5.00, 318.20; Jason Ferrel, 00235
Valeria St, 154.78, 5.00, 159.78; Jerry D Stokes, 01845 University Ave, 663.70, 5.00, 668.70;
Jerry L Gesie, 00321 Valeria St, 34.07, 5.00, 39.07; Jesse Rans, 02008 Foye St, 80.17, 5.00,
85.17; Jim Prine, 01040 Davis Ave, 148.62, 5.00, 153.62; Jonathan J Slaght, 01486 W 3rd St,
654.07, 5.00, 659.07; Joseph E Healey, 01010 Wilson St, 189.56, 5.00, 194.56; Judge
Properties , 00492 W Locust St, 36.23, 5.00, 41.23; Judge Properties LLC, 02140 Central Ave,
35.46, 5.00, 40.46; Judge Real Estate LLC, 00490 W Locust St, 204.33, 5.00, 209.33; Judge
Real Estate LLC, 01101 Race St #C, 20.33, 5.00, 25.33; Julie A Lott, 00627 Arlington St,
42.33, 5.00, 47.33; Julie Leclere, 02491 Hempstead St, 117.53, 5.00, 122.53; Katherine A
Munson, 02904 Balke St, 71.74, 5.00, 76.74; Katie L Berwanger, 02613 Glenview Cr, 168.31,
5.00, 173.31; Keith E Welsh, 01640 Ashton Pl, 289.04, 5.00, 294.04; Kenneth E Keller, 02054
Jackson St 2nd, 171.35, 5.00, 176.35; Kevin Terry, 1699 Washington St, 722.24, 5.00, 727.24;
Kirk L Anderson, 01790 Garfield Ave, 35.48, 5.00, 40.48; Kristy Monahan-Smith, 02521
Stafford St, 35.12, 5.00, 40.12; Kyle G Fitzgerald, 00735 Rose St, 20.67, 5.00, 25.67; Laura
Baie, 01876 Washington St, 1,917.71, 5.00, 1,922.71; Laurie & David Vonah, 00707 Lincoln
Ave, 226.02, 5.00, 231.02; Linda I Cole, 02005 Ogilby Rd, 214.58, 5.00, 219.58; Main Street
Development Co , 00100 Main St, 525.29, 5.00, 530.29; Main Street Development, LLC ,
00100 Main St, 62.39, 5.00, 67.39; Marcel A Howard, 04914 Twilight Dr, 40.98, 5.00, 45.98;
Mardi Gras Estates LC, 00209 E 22nd St, 88.05, 5.00, 93.05; Mardi Gras Estates LC, 00510 E
22nd St 1st, 436.01, 5.00, 441.01; Mardi Gras Estates LC, 02586 Central Ave, 16.50, 5.00,
21.50; Mark A Boland, 00601 Tanzanite Dr, 275.74, 5.00, 280.74; Mark Stevens, 01870
Lombard St, 134.01, 5.00, 139.01; Marshallese House Of Praise, 02155 Rockdale Rd, 289.59,
5.00, 294.59; Mary Ann Bailes, 00877 Stone Ridge Pl, 35.81, 5.00, 40.81; Michael C Koehler,
00027 E 15th St, 33.24, 5.00, 38.24; Michael C Koehler, 00031 E 15th St, 19.19, 5.00, 24.19;
Michael C Koehler, 00703 Hill St, 91.38, 5.00, 96.38; Michael J Jones, 00835 Air Hill St,
327.33, 5.00, 332.33; Michael J Schetgen, 03922 Inwood Av, 138.01, 5.00, 143.01; Michael
Kane, 02222 Washington St, 335.66, 5.00, 340.66; Michael Knockel, 00617 Rhomberg Ave,
47.11, 5.00, 52.11; Michael P Kane, 02220 Washington St, 11.34, 5.00, 16.34; Michelle Scott,
00607 W 8th St, 35.03, 5.00, 40.03; Mississippi Valley Plb & Htg, 02753 Central Av 1st, 94.99,
5.00, 99.99; Mullett Enterprises LC, 01439 Bluff St, 24.76, 5.00, 29.76; Mullett Enterprises LC,
01441 Bluff St, 33.53, 5.00, 38.53; New Century Liquidating Trust, 00475 Valeria St, 405.93,
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5.00, 410.93; Nina K Nelson, 00520 Lincoln Ave, 169.45, 5.00, 174.45; Patrick & Nancy Chew,
01555 J F Kennedy Rd, 108.00, 5.00, 113.00; Paul Bauder, 02275 Central Ave, 784.64, 5.00,
789.64; R&M Quality Investments LLC, 03192 Hughes Ct, 127.91, 5.00, 132.91; Randy S
Weber, 00535 S Grandview Av, 245.94, 5.00, 250.94; Raymond M Fuller, 02900 Central Av
1st, 87.10, 5.00, 92.10; Reed Ray And Rand LLC, 00925 Garfield Ave, 8.10, 5.00, 13.10;
Richard R Howell, 01608 Washington St, 282.70, 5.00, 287.70; Rickey A White, 00650
Harvard St, 244.61, 5.00, 249.61; Ricky J Hurst, 03975 Inwood Av, 128.49, 5.00, 133.49; Ron
Rudiger, 00590 Angella St, 147.73, 5.00, 152.73; Ronald J & Wanda M Koenig, 02540 Elm St,
35.83, 5.00, 40.83; Ronald L Houselog, 00716 E 22nd St, 116.71, 5.00, 121.71; Scotlyn
Properties, 00035 W 15th St 1st, 64.02, 5.00, 69.02; Scotlyn Properties, 00037 W 15th St #1,
9.27, 5.00, 14.27; Scotlyn Properties, 00037 W 15th St #3, 9.27, 5.00, 14.27; Scotlyn
Properties, 00037 W 15th St #4, 9.27, 5.00, 14.27; Scotlyn Properties, 00037 W 15th St Apt 1,
31.23, 5.00, 36.23; Scott A Runde, 00035 W 15th St Apt 1, 37.06, 5.00, 42.06; Scott M
Anthony, 01842 Central Av, 228.76, 5.00, 233.76; Scott Neuwoehner, 00702 Caledonia St,
24.59, 5.00, 29.59; Staffordshire Estates LC, 02416 Stafford St 2nd, 2.45, 5.00, 7.45; Steve A
Sarazin, 01315 Finley St, 204.36, 5.00, 209.36; Steven J & Polly T Kaiser, 03405 Jackson St,
313.34, 5.00, 318.34; Tammy S Tittle, 00921 Garfield Av, 153.78, 5.00, 158.78; Timothy K
Manning, 01552 Locust St, 83.93, 5.00, 88.93; Tom E Connolly, 02900 Indiana Av, 94.45,
5.00, 99.45; Touche LC , 02216 Delmonaco Dr, 179.53, 5.00, 184.53; Westridge Estates LC,
01715 Westridge Ct #2, 25.31, 5.00, 30.31; Westridge Estates LLC, 01715 Westridge Ct #1,
14.67, 5.00, 19.67; Westridge Estates LLC, 01715 Westridge Ct #3, 6.01, 5.00, 11.01;
Westridge Estates LLC, 01715 Westridge Ct #3, 31.45, 5.00, 36.45; William J Gerber, 2734
Washington St, 273.10, 5.00, 278.10
Totals: $24,299.11, $775.00, $25,074.11
Port of Dubuque Riverfront Marina Project: Communication from Brian J. Kane, representing
Port of Dubuque Brewery Development, LLC, advising that his client strongly prefers that the
docks be constructed in front of (or to the east of) the brewery building.
City Manager’s response to Brian J. Kane.
Upon motion the documents were received and filed.
Midwest High Speed Rail Association: City Manager recommending that the City join the
Midwest High Speed Rail Association (MHSRA), a membership-based, non-profit organization
advocating the development of fast, frequent and dependable passenger trains, at the $500
patron level. Upon motion the documents were received, filed, and approved.
Liquor License Transfer: Request of the Rotary Club to transfer their liquor license to the
Alliant Energy Outdoor Amphitheater on August 29, 2009 for the Irish Hooley event. Upon
motion the documents were received, filed, and approved.
Liquor / Tobacco Applications: City Manager recommending approval of annual liquor
license renewals as submitted. Upon motion the documents were received and filed and
Resolution No. 245-09 Granting the issuance of one new license to sell cigarettes to C & M
Chains and Things; Resolution No. 246-09 Granting the issuance of five renewal licenses to
sell cigarettes to Awn Stop Mart, Dubuque Mining Company, Hammerheads Bar, Oky-Doky
#14 and Pioneer’s Rest Area; Resolution No. 247-09 Granting the issuance of a Class “B”
Beer Permit to Monkey Business Family Fun; and a Class “C” Beer Permit to Road Ranger
#161, Road Ranger #160, Road Ranger #159, Oky Doky #6, Kwik Stop Food Mart, Oky Doky
#14 and Kwik Star #495; and Resolution No. 248-09 Granting the issuance of a Class “C”
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Beer/Liquor License to Walnut Tap; Special Class “C” Liquor License to Bell Tower
Productions; Class “B” Wine Permit to Basket Expressions and Oky Doky #6; and a Class
“WBN” Native Wine Permit to Kwik Star #495 were adopted.
RESOLUTION NO. 245-09
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.
NEW
C & M Chains and Things Matthew Schrodt 1770 Central Avenue
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Passed, approved and adopted this 20 day of July, 2009
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 246-09
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.
5 RENEWALS
Awn Stop Mart Awn Stop Mart, Inc. 1998 Jackson Street
Dubuque Mining Co. Apartments, LTD Corp. 555 JFK Road
Hammerheads Bar/Billiards Hammerheads, Inc. 2095 Kerper Blvd.
Oky Doky # 14 K-Chap Foods, Inc. 1050 University Avenue
Pioneer’s Rest Area Pioneer’s Rest Area, LLP 4900 Old Highway Road
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Passed, approved and adopted this 20 day of July, 2009
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 247-09
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
Monkey Business Monkey Business +(Sunday/Outdoor Sale) 4292 Dodge Street
Family Fun
CLASS “C” BEER PERMIT
Road Ranger LLC Road Ranger #161+(Sunday Sale) 4110 Dodge Street
Road Ranger LLC Road Ranger #160+(Sunday Sale) 3270 Dodge Street
Road Ranger LLC Road Ranger # 159+(Sunday Sale) 2175 Central Avenue
TFM Co. Oky Doky # 6+(Sunday Sale) 1256 Iowa Street
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Rainbo Oil Com. Kwik Stop Food Mart+(Sunday Sale) 2255 Kerper Blvd.
K-Chap Food, Inc. Oky Doky # 14+(Sunday Sale) 1050 University Avenue
Kwik Trip, Inc. Kwik Star # 495+(Sunday Sale) 2685 Dodge Street
Passed, approved and adopted this 20th day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 248-09
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
Craig Weiner Walnut Tap Tavern+(Sunday Sale) 709 University Avenue
SPECIAL CLASS “C” LIQUOR
Bell Tower Productions Bell Tower Productions+(Sunday Sale) 2728 Asbury Road
CLASS “B” WINE
Mildred Dolter Basket Expressions 474 Bluff Street
TFM Co. Oky Doky # 6 1256 Iowa Street
Passed, approved and adopted this 20th day of July, 2009
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Braig. Motion carried 7-0.
Slattery Center Lease – Dubuque Montessori School: City Manager recommending that a
public hearing be set for August 3, 2009 to consider leasing the Slattery Center in Flora Park to
Montessori School. Upon motion the documents were received and filed and Resolution No.
249-09 Resolution of Intent to dispose of real property by lease agreement with Dubuque
Montessori School was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on August 3, 2009 in the Historic Federal Building.
RESOLUTION NO. 249-09
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY
LEASE WITH THE DUBUQUE MONTESSORI SCHOOL, INC.
WHEREAS, the City of Dubuque, Iowa (City) is the owner of a part of the following Lots: Lot
1-1-1-2 and Lot 1-2-1-2 of Mineral Lot 399A; Lot 1-1-1-1-1-2 and Lot 2-1-W1/2 Lot 4-1-1-2 in
J.P. Mettel’s Subdivision, all in the City of Dubuque, Dubuque Co., Iowa (the Property);
AND WHEREAS, the Dubuque Montessori School, Inc. (School), desires to lease the
Property to operate a Preschool upon the terms set forth in a Lease now on file in the Office of
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the City Clerk at City Hall, Dubuque, Iowa, which Lease provides among other things for a term
of twenty-five years;
AND WHEREAS, the City Council has tentatively determined that it would be in the best
interests of the City to enter into the Lease with School.
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 Property as
described in the Lease between City and School.
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 intent to dispose of the Property, to be held on the 3rd day of August, 2009, at 6:30
o’clock p.m. at the Historic Federal Building, 360 W. Sixth Street, Dubuque, Iowa.
Passed, approved and adopted this 20th day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fire Station No. 4 – Door Replacement Project: City Manager recommending initiation of the
public bidding process for the Fire Station No. 4 – Door Replacement Project and that a public
hearing be set for August 3, 2009. Upon motion the documents were received and filed and
Resolution No. 250-09 Preliminary approval of plans, specifications, form of contract, and
estimated cost; setting date of public hearing on plans, specifications, form of contract, and
estimated cost; and ordering the advertisement for bids for the Fire Station No. 4 – Door
Replacement Project was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on August 3, 2009 in the Historic Federal Building.
RESOLUTION NO. 250-09
FIRE STATION NO. 4 DOOR MODIFICATIONS PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Fire Station
No. 4 Door Modifications Project, in the estimated amount $81,250, are hereby preliminarily
approved and ordered filed in the office of the City Clerk for public inspection.
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A public hearing will be held on the 3 day of August, 2009, at 6:30 p.m. in the Historic
Federal Building Council Chambers at which time interested persons may appear and be
heard for or against the proposed plans and specifications, form of contract and estimated cost
of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or estimated
cost of the Project.
The Fire Station No. 4 Door Modifications Project is hereby ordered to be advertised for bids
for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
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The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
published not less than four but not more than forty-five days before the date for filing bids
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before 2:00 p.m. on the 4 day of August, 2009. Bids shall be opened and read by the City
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Clerk at time and will be submitted to the City Council for final action at 6:30 p.m. on the 17
day of August, 2009, in the Historic Federal Building Council Chambers (second floor), 350
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West 6 Street, Dubuque, Iowa.
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Passed, adopted and approved this 20 day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Garfield Retaining Wall Repair Project: City Manager recommending initiation of the public
bidding process for the Garfield Retaining Wall Repair Project and that a public hearing be set
for August 3, 2009. Upon motion the documents were received and filed and Resolution No.
251-09 Preliminary approval of plans, specifications, form of contract, and estimated cost;
setting date of public hearing on plans, specifications, form of contract, and estimated cost;
and ordering the advertisement for bids for the Garfield Retaining Wall Repair Project was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 3, 2009 in
the Historic Federal Building.
RESOLUTION NO. 251-09
1695 GARFIELD AVENUE RETAINING WALL REPAIR PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the 1695
Garfield Avenue Retaining Wall Repair Project, in the estimated amount $125,637.00, are
hereby preliminarily approved and ordered filed in the office of the City Clerk for public
inspection.
rd
A public hearing will be held on the 3 day of August, 2009, at 6:30 p.m. in the Historic
Federal Building Council Chambers at which time interested persons may appear and be
heard for or against the proposed plans and specifications, form of contract and estimated cost
of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or estimated
cost of the Project.
The 1695 Garfield Avenue Retaining Wall Repair Project is hereby ordered to be advertised
for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
13
published not less than four but not more than forty-five days before the date for filing bids
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before 2:00 p.m. on the 6 day of August, 2009. Bids shall be opened and read by the City
Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the
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17 day of August, 2009, in the Historic Federal Building Council Chambers (second floor),
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350 West 6 Street, Dubuque, Iowa.
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Passed, adopted and approved this 20 day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Historic Shot Tower Rehabilitation Project: City Manager recommending initiation of the
public bidding process for the Historic Shot Tower Rehabilitation Project and that a public
hearing be set for August 3, 2009. Upon motion the documents were received and filed and
Resolution No. 252-09 Preliminary approval of plans, specifications, form of contract, and
estimated cost; setting date of public hearing on plans, specifications, form of contract, and
estimated cost; and ordering the advertisement for bids for the Historic Shot Tower
Rehabilitation Project was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on August 3, 2009 in the Historic Federal Building.
RESOLUTION NO. 252-09
HISTORIC SHOT TOWER REHABILITATION PROJECT – PHASE I
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Historic Shot
Tower Rehabilitation Project – Phase I, in the estimated amount $769,670 are hereby
preliminarily approved and ordered filed in the office of the City Clerk for public inspection.
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A public hearing will be held on the 3 day of August, 2009, at 6:30 p.m. in the Historic
Federal Building Council Chambers at which time interested persons may appear and be
heard for or against the proposed plans and specifications, form of contract and estimated cost
of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or estimated
cost of the Project.
The Historic Shot Tower Rehabilitation Project – Phase I is hereby ordered to be advertised
for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
published not less than four but not more than forty-five days before the date for filing bids
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before 2:00 p.m. on the 11 day of August, 2009. Bids shall be opened and read by the City
Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the
14
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17 day of August, 2009, in the Historic Federal Building Council Chambers (second floor),
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350 West 6 Street, Dubuque, Iowa.
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Passed, adopted and approved this 20 day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Storm Water Utility Revenue Capital Loan Notes: City Manager recommending that a public
hearing be set for September 8, 2009 to consider the issuance of not to exceed $1,000,000
Storm Water Utility Revenue Capital Loan Notes. Upon motion the documents were received
and filed and Resolution No. 253-09 Fixing date for a meeting on the authorization of a Loan
and Disbursement Agreement and the issuance of not to exceed $1,000,000 Storm Water
Utility Revenue Capital Loan Notes of Dubuque, Iowa and directing publication of notice
thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
September 8, 2009 in the Historic Federal Building.
RESOLUTION NO. 253-09
RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN
AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED
$1,000,000 STORM WATER UTILITY REVENUE CAPITAL LOAN NOTES OF DUBUQUE,
IOWA, AND DIRECTING PUBLICATION OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa should
provide for the authorization of a Loan and Disbursement Agreement and the issuance of
Storm Water Utility Revenue Capital Loan Notes, in the amount of not to exceed $1,000,000,
as authorized by Sections 384.24A and 384.84A, Code of Iowa, as amended, for the purpose
of providing funds to pay costs as hereinafter described; and
WHEREAS, the City has applied for a loan through the Iowa Water Pollution Control Works
Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase the
City's Notes and has requested that such Notes be issued as a single Note in a denomination
equal to the total amount of the issue as authorized by Chapter 384 of the City Code of Iowa;
and
WHEREAS, the Loan and Disbursement Agreement and Note shall be payable solely and
only out of the net earnings of the Storm Water Management Utility System and shall be a first
lien on the future net earnings of the Utility; and shall not be general obligations of the City or
payable in any manner by taxation and the City shall be in no manner liable by reason of the
failure of the net revenues to be sufficient for the payment of the Loan and Disbursement
Agreement and Note; and
WHEREAS, before a Loan and Disbursement Agreement may be authorized and Storm
Water Utility Revenue Capital Loan Notes issued to evidence the obligation of the City
thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as
amended, and to publish a notice of the proposal and of the time and place of the meeting at
which the Council proposes to take action for the authorization of the Loan and Disbursement
Agreement and Note and to receive oral and/or written objections from any resident or property
owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa, at 6:30 o'clock PM., on the 8th day of September, 2009, for the purpose of
taking action on the matter of the authorization of a Loan and Disbursement Agreement and
the issuance of not to exceed $1,000,000 Storm Water Utility Revenue Capital Loan Notes to
15
evidence the obligations of the City thereunder, the proceeds of which will be used to provide
funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling,
improving, repairing and equipping all or part of the Storm Water Management Utility System,
including those costs associated with the North Fork Catfish Creek Storm Sewer
Improvements.
Section 2. That the Clerk cause publication to be made of a notice of said meeting, in a
legal newspaper, printed wholly in the English language, published at least once weekly, and
having general circulation in said City, said publication not less than thirty (30) clear days
before the date of said public meeting on the issuance of the Note.
Section 3. The notice of the proposed action shall be in substantially the [provided] form.
Passed and approved this 20th day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions:
Civil Service Commission: One 4-year term through April 6, 2012 (Term of Krueger).
Applicants: Tom Rawson, 2310 Knob Hill Drive; John Stevens, 2215 Graham Circle; Elizabeth
Takes, 1245 Dunleith Court. Mr. Rawson and Ms. Takes spoke in support of their appointment.
Transit Board of Trustees: One 3-year term through July 30, 2012 (Term of Stedman).
Applicants: Thomas Croissant, 444 Angella Street, #8; Matthew Esser, 90 Main Street, #201.
Appointments to the following Boards/Commissions:
Building Code Board of Appeals: Two 3-year terms through August 1, 2012 (Terms of Carr
and Luchsinger) At-large and General Contractor requirements. Applicants: Richard
Luchsinger, 2875 Brueck Road (At-Large Reappointment); Chuck Carr, 1705 Kathy Drive
(General Contractor Reappointment). Motion by Braig to appoint Richard Luchsinger and
Chuck Carr to the Building Code Board of Appeals for 3-year terms through August 1, 2012,
for the At-Large and General Contractor requirements respectively. Seconded by Connors.
Motion carried 7-0.
Library Board of Trustees: Three 4-year terms referenced with expiration dates contingent
upon the recently adopted ordinance which re-staggers terms: 2 terms through July 1, 2010;
and 1 term through July 1, 2013 (Terms of Guns, Kolz, and Willis). Applicants: Diann Guns,
1715 Diane Court (Seeking reappointment through July 1, 2010); Beverly Kolz, 2206 Simpson
Street (Seeking reappointment through July 1, 2010); Gail Murphy, 3096 Oak View Court
(First-time applicant); Lorri Regan, 2659 Queen Street (First-time applicant); Mike Willis, 1365
th
West 5 Street (Seeking reappointment through July 1, 2013). Upon Council concurrence,
Mayor Buol appointed Diann Guns and Beverly Kolz to newly staggered, 4-year terms through
July 1, 2010, and Mike Willis to a 4-year term through July 1, 2013.
Upon motion the rules were suspended allowing anyone present to address the City
Council.
PUBLIC HEARINGS
Request to Rezone – University Avenue between Ethel and Prysi Streets: Proof of
publication on notice of public hearing to consider a request from Tom Kluck to rezone
property located north of the University Avenue and Ethel Street intersection from OR Office
16
Residential District to PUD Planned Unit Development District with a PR Planned Residential
District designation and adopting a conceptual development plan and Zoning Advisory
Commission 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 to be passed be suspended. Seconded by
Lynch. Motion carried 7-0. Planning Services Manager Laura Carstens provided a staff report.
Motion by Jones for final consideration and passage of Ordinance No. 36-09 Amending
Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located north of the University Avenue and Ethel
Street intersection from OR Office Residential District to PUD Planned Unit Development
District with a PR Planned Residential District designation and adopting a conceptual
development plan. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 36-09
AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE
OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED NORTH OF THE UNIVERSITY AVENUE AND ETHEL STREET INTERSECTION
FROM OR OFFICE RESIDENTIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT
DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION, AND
ADOPTING A CONCEPTUAL DEVELOPMENT PLAN.
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 OR
Office Residential District to PUD Planned Unit Development District with a PR Planned
Residential District designation, and adopting a conceptual development plan, a copy of which
is attached to and made a part hereof, is hereby adopted and approved for the following
described property, to wit: Lot 28 and Lot 29 Lenox Addition and Lot 1 of 1 of 2 Bonson Farm,
and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
A. Use Regulations.
The following regulations shall apply to all uses made of land in the above-
described PR Planned Residential District:
1. Principal permitted uses shall be limited to 48 housing dwelling units.
2. No secondary or contingency uses shall be permitted.
3. Accessory uses shall include any use customarily incidental and
subordinate to the principal use it serves.
B. Lot and Bulk Regulations.
Development of land in the PR Planned Residential District shall be regulated
as follows:
1. Proposed buildings shall be located in substantial conformance with the
approved conceptual development plan.
2. Building #1 must be set back a minimum of 80 feet from the east side
property line and 30 feet from the west side property line.
3. Maximum building height of 50 feet shall be allowed as measured from
the first floor elevation to mid point of the peak of the roof.
C. Performance Standards
The development and maintenance of uses in this PR Planned Residential
District shall be regulated as follows:
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1. Parking Regulations
a. Off-street parking shall be provided based on the approved
conceptual plan with 32 spaces provided on surface lots and 56
spaces in underground parking.
b. All vehicle-related features shall be surfaced with either asphalt or
concrete.
c. Curbing and proper surface drainage of storm water shall be
provided.
d. All parking and loading spaces shall be delineated on the surfacing
material by painted stripes or other permanent means.
e. The number, size and design of parking spaces shall be governed
by applicable provisions of City of Dubuque Ordinances enforced at
the time of development of the lot.
f. The number, size, design, and location of parking spaces
designated for persons with disabilities shall be according to the
local, state, or federal requirements in effect at the time of
development.
2. Site Lighting
a. Exterior illumination of site features shall be limited to the
illumination of the following:
i. Parking areas, driveways and loading facilities.
ii. Pedestrian walkway surfaces and entrances to building.
iii. Building exterior.
b. Location and Design
i. No light source shall provide illumination onto adjacent lots,
buildings or streets in excess of 1.0 foot candle.
ii. All exterior lighting luminaries shall be designed and installed
to shield light from the luminaries at angles above 72-degrees
from vertical.
iii. Fixtures mounted on a building shall not be positioned higher
than the roofline of the building.
iv. All electrical service lines to posts and fixtures shall be
underground and concealed inside the posts.
3. Landscaping
a. Plant Materials. The open space of each lot shall be planted with
permanent lawn and ground covers, shrubs and trees. It is the intent
of these regulations that the development of required open spaces
shall reflect a high quality of environmental design. The following
provisions shall apply.
i. Landscape plans are required as part of submittals for site
plan review. Landscape plans are to include type, number
and size of proposed plantings. Landscaping shall be
designed in compliance with Section 4-4 of the Zoning
Ordinance.
ii. Within one (1) year following completion of construction, or by
the date that a building is issued an occupancy certificate by
the Building Services Department of the City of Dubuque,
whichever first occurs, required landscaping shall be
installed.
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4. Storm Water Conveyance
The developer shall be responsible for providing surface or subsurface
conveyance(s) of storm water from the lot to existing storm sewers or to
flow line of open drainageways outside the lot in a means that is
satisfactory to the City of Dubuque. Other applicable regulations
enforced by the City of Dubuque relative to storm water management
and drainage shall apply to the subject property.
5. Exterior Trash Collection Areas
a. The storage of trash and debris shall be limited to that produced by
the principal permitted use and accessory uses of the lot.
b. All exterior trash collection areas and the materials contained
therein shall be visually screened from view. The screening shall be
completely opaque fence, wall or other feature not exceeding a
height of 10 feet measured from the ground level outside the line of
the screen. Screens built on sloping grades shall be stepped so
that their top line shall be horizontal. Exposed materials used to
construct the opaque screen shall be similar in appearance to
materials used for exterior building walls. All exterior entrances to a
screened trash area shall be provided with a gate or door of similar
design to that of the screen.
If a 10-foot high screen fails to shield the exterior trash collection
area from view from points inside or outside of the property,
evergreen plantings may be required in addition to the screening.
Evergreen plant materials shall be selected and designed so that
they will screen the area from all off-site visibility within five (5)
years.
6. Final site development plans shall be submitted in accordance with
Section 4-4 of the Zoning Ordinance prior to construction of any
buildings.
D. Open Space and Recreation Areas
Open space and landscaping in the PR Planned Residential District shall be
regulated as follows. Those areas not designated on the conceptual
development plan shall be maintained as open space, as defined by Section 8
of the Zoning Ordinance of the City of Dubuque, Iowa, by the property owner
and/or association.
E. Sign Regulations
1. Signs in the Planned Residential District shall be regulated in accordance
with the R-4 Multi-Family Residential Zoning District sign regulations of
the Zoning Ordinance.
2. Variance requests from sign requirements for size, number and height
shall be reviewed by the Zoning Board of Adjustment in accordance with
Section 5-3 of the Zoning Ordinance.
F. Other Codes and Regulations
1. Service Lines. All electric, telephone, cable, or other similar utility lines
serving the building and other site features shall be located underground.
2. The use of semi-trailers and shipping containers for storage is prohibited.
3. These regulations do not relieve the owner from other applicable city,
county, state or federal codes, regulations, laws and other controls
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relative to the planning, construction, operation and management of
property within the city of Dubuque.
G. Transfer of Ownership
Transfer of ownership or lease of property in this PR Planned Residential
District shall include the transfer or lease agreement a provision that the
purchaser or lessee acknowledges awareness of the conditions authorizing
the establishment of the district.
H. Occupancy Permits
No occupancy permit shall be issued by the City of Dubuque for property
included in the subject planned unit development district until full compliance
with this ordinance has been achieved.
I. Recording
A copy of this Ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque county recorder as a permanent record of the
conditions accepted as part of this reclassification approval. This ordinance
shall be binding upon the undersigned and his/her heirs, successors and
assigns.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take effect upon publication, as provided by law.
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Passed, approved and adopted this 20 day of July, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 24 day of July, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
Water Revenue Capital Loan Notes: Proof of publication on notice of public hearing to
consider the issuance of not to exceed $8,000,000 Water Revenue Capital Loan Notes and
City Manager recommending approval. Motion by Connors to receive and file the documents
and adopt Resolution No. 254-09 Instituting proceedings to take additional action for the
authorization of a loan and disbursement agreement and the issuance of not to exceed
$8,000,000 Water Revenue Capital Loan Notes. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 254-09
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE
OF NOT TO EXCEED $8,000,000 WATER REVENUE CAPITAL LOAN NOTES
WHEREAS, pursuant to notice published as required by law, this Council has held a public
meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan
and Disbursement Agreement by and between the City and the Iowa Finance Authority, and
the issuance to the Iowa Finance Authority of not to exceed $8,000,000 Water Revenue
Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement
Agreement, for the purpose of paying costs of acquisition, construction, reconstruction,
extending, remodeling, improving, repairing and equipping all or part of the Municipal Water
Utility, including those costs associated with the acquisition and installation of a fixed radio
network water meter system, and has considered the extent of objections received from
residents or property owners as to said proposal and, accordingly the following action is now
considered to be in the best interests of the City and residents thereof:
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby institute proceedings and takes additional action
for the authorization of a Loan and Disbursement Agreement by and between the City and the
Iowa Finance Authority, and the issuance to the Iowa Finance Authority in the manner required
by law of not to exceed $8,000,000 Water Revenue Capital Loan Notes for the foregoing
purpose.
Section 2. That the City Clerk, with the assistance of the City Attorney and bond counsel, is
hereby authorized and directed to proceed with the preparation of such documents and
proceedings as shall be necessary to authorize the City's participation in the DWSRF Loan
Program, to select a suitable date for final Council authorization of the required Loan and
Disbursement Agreement and issuance of the Note to evidence the City's obligations
thereunder, and to take such other actions as the Clerk shall deem necessary to permit the
completion of a loan on a basis favorable to the City and acceptable to this Council.
Section 3. This Resolution shall serve as a declaration of official intent under Treasury
Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is
reasonably expected that water fund moneys may be advanced from time to time for capital
expenditures which are to be paid from the proceeds of the above Loan and Disbursement
Agreement. The amounts so advanced shall be reimbursed from the proceeds of the Loan and
Disbursement Agreement not later than eighteen months after the initial payment of the capital
expenditures or eighteen months after the property is placed in service. Such advancements
shall not exceed the loan amount authorized in this Resolution unless the same are for
preliminary expenditures or unless another declaration of intention is adopted.
Passed and approved this 20th day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Iowa 32 Hike / Bike Trail Phase 2 Project: Proof of publication on notice of public hearing to
consider the plans, specifications, form of contract, and estimated cost for the Iowa 32 Hike /
Bike Trail Phase 2 Project and City Manager recommending approval. Motion by Lynch to
receive and file the documents and adopt Resolution No. 255-09 Approving plans,
specifications, form of contract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase 2
Project. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 255-09
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE IOWA 32 HIKE/BIKE TRAIL, PHASE 2 PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Iowa 32
Hike/Bike Trail, Phase 2 Project, in the estimated amount of $180,942, are hereby approved.
Passed, approved and adopted this 20th day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Trail Project at Bergfeld Recreation Area: Proof of publication on notice of public hearing to
consider the plans, specifications, form of contract and estimated cost for the Trail Project at
Bergfeld Recreation Area and City Manager recommending approval. Motion by Lynch to
receive and file the documents and adopt Resolution No. 256-09 Approving plans,
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specifications, form of contract, and estimated cost for the Trail Project at Bergfeld Recreation
Area. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 256-09
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE TRAIL AT BERGFELD RECREATION AREA PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Trail at
Bergfeld Recreation Area Project, in the estimated amount of $585,062, are hereby approved.
Passed, approved and adopted this 20th day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
E.B. Lyons Nature Center Addition Project: Proof of publication on notice of public hearing
to consider the plans, specifications, form of contract and estimated cost for the E.B. Lyons
Nature Center Addition Project and City Manager recommending approval. Motion by Jones to
receive and file the documents and adopt Resolution No. 257-09 Approving plans,
specifications, form of contract, and estimated cost for the E.B. Lyons Nature Center Addition
Project. Seconded by Voetberg. Motion carried 7-0.
RESOLUTION NO. 257-09
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE E.B. LYONS NATURE CENTER EXPANSION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the E.B.
Lyons Nature Center Expansion Project, in the estimated amount of $1,231,028, are hereby
approved.
Passed, approved and adopted this 20th day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
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Locust Street Resurfacing – 9 to 17 Streets Project: Proof of publication on notice of
public hearing to consider the plans, specifications, form of contract and estimated cost for the
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Locust Street Resurfacing – 9 to 17 Streets Project and City Manager recommending
approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 258-09
Approval of plans, specifications, form of contract, and estimated cost for the locust street
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asphalt resurfacing project (9 Street to 17 Street), Iowa DOT Project No. STP-U-2100 (641)-
-70-31. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 258-09
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
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COST FOR THE LOCUST STREET ASPHALT RESURFACING PROJECT (9 STREET TO
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17 STREET), IOWA DOT PROJECT NO. STP-U-2100 (641)--70-31
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 Locust
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Street Asphalt Resurfacing Project (9 Street to 17 Street), Iowa DOT Project No. STP-U-
2100 (641)--70-31, in the estimated amount $714,600.25 are hereby approved.
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Passed, adopted and approved this 20 day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Request to Address the City Council – Open Meetings: Request of June E. Strueber to
address the City Council regarding the open meetings law. June Strueber, 2086 Katrina Circle,
addressed the City Council regarding what she believed to be violations of the Open Meetings
Law on the part of her Home Owners Association Board. Ms. Strueber was informed that the
City Council has no jurisdiction over this association and that the Open Meetings Law applies
only to governmental bodies. Motion by Connors to receive and file the documents. Seconded
by Braig. Motion carried 7-0.
Request to Address the City Council – Dog Park: Request of Toni Kretschmer to address
the City Council regarding the dog park. Toni Kretschmer, 255 York Street, requested that the
City Council keep the current dog park open in addition to opening other locations. Julie
Lindecker, 435 English Lane, stated that she believed most big cities have more than one dog
park and that only a few people are making the complaints. Motion by Jones to receive and file
the documents. Seconded by Resnick. Motion carried 7-0.
Dubuque County Historical Society: Request of Jerry Enzler, National Mississippi River
Museum and Aquarium, to address the City Council regarding a Resolution of Support for the
Historical Society’s application to the Vision Iowa’s River Enhancement Community Attraction
and Tourism Program (RECAT). Dubuque County Historical Society Executive Director Jerry
Enzler, 531 W. Heller, East Dubuque, spoke in support of the proposed resolution.
City Manager recommending approval of the Resolution of Support for the Historical
Society’s application to the Vision Iowa’s River Enhancement Community Attraction and
Tourism Program (RECAT).
Motion by Connors to receive and file the documents and adopt Resolution No. 259-09
Resolution of Support (Endorsing Application). Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 259-09
ENDORSE APPLICATION
Whereas, the City of Dubuque (City) and the Dubuque County Historical Society (Society)
have partnered in the successful implementation of the America’s River project for the benefit
of Dubuque and the entire state of Iowa.
Whereas, the City and the Dubuque County Historical Society are hoping to develop the
former Ice Harbor Park site as the new Mississippi Plaza.
Whereas, the City is interested in building public boat docks alongside the Mississippi Plaza
in order to increase public transportation options and tourism opportunities at the Port of
Dubuque.
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Whereas, the City believes that continued improvements and expansion at the Port of
Dubuque will have tangible educational and economic benefits for Dubuque and the State of
Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FO THE CITY OF
DUBUQUE, IOWA:
The City Council formally endorses the application of the Dubuque County Historical Society
to the Vision Iowa River Enhancement Community Attraction and Tourism program to develop
the Mississippi Plaza.
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Passed, approved and adopted this 20 day of July, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fiscal Year 2010 Dubuque County REAP Plan: City Manager recommending approval of
the City of Dubuque’s update of the Fiscal Year 2010 Dubuque County REAP Plan, submittal
of the Fiscal Year 2010 REAP grant application for installation of the Iowa 32 Bike / Hike Trail
– Phase 3 Project and appointment of a City Council representative (currently Council Member
Joyce Connors) to the REAP Committee. Motion by Jones to receive and file the documents,
approve the recommendation and appoint Joyce Connors as the City Council representative.
Seconded by Voetberg. Motion carried 7-0.
Restriction of All-Terrain Vehicles (ATV) Use: City Manager recommending that the use of
ATVs be restricted to private property of not less than one acre in size, and only between
sunrise and sunset, and only with the written permission of the property owner if the property
owner is not the owner of the ATV. A proposed ordinance amending Chapter 32 (Motor
Vehicles and Traffic) of the City of Dubuque Code of Ordinances by amending Section 32.4
All-Terrain Vehicles to prohibit use of all-terrain vehicles on property less than one acre was
removed from the agenda.
Dubuque Sister City Relationship: City Manager recommending that the City Council solicit
two City Council Member volunteers to recruit members for a public/private partnership Sister
City Committee and then agree to serve on that committee. Motion by Connors to receive and
file the documents and appoint Council Members Voetberg and Lynch. Seconded by Voetberg.
Connors stated that she was much in favor of the program. Motion carried 7-0.
PUBLIC INPUT
Ann Michalski, 1520 Altura Street, stated that she was very concerned about the City
Council approving millions of dollars in bond sales without any questions asked from Council
members or citizens and that it was a matter of civic responsibility.
Charles Harris, 2473 Jackson Street, inquired as to how much revenue the City receives
from pet licensing and where it is spent in relationship to the ongoing maintenance of the dog
park. Mr. Harris also commented on hearing noise from Comiskey Park as compared to noise
from a dog park.
CLOSED SESSION
Motion by Jones to go into closed session at 7:50 p.m. regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) 2009 Code of Iowa. Seconded by Braig.
Motion carried 7-0.
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Upon motion the City Council reconvened in open session at 8:09 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:10 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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