8 3 09 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on August 3, 2009 in the
Historic Federal Building.
Present: Mayor Buol, City 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.
Pledge of Allegiance
Invocation was provided by Deacon Dave Brinkmoeller, Holy Spirit Pastorate
PROCLAMATIONS
United Way Campaign Time was accepted by United Way Campaign Co-Chair Tom Giese,
395 Villa Street.
Iowa Private College Week (August 3 – 8, 2009) was accepted by Sue Czeshinski. Director
of Communication, Loras College, 1450 Alta Vista; Mike Cyze, Executive Director of
Communication, Clarke College, 1550 Clarke Drive; and Kristi Lynch, Public Relations
Director, University of Dubuque, 2000 University Avenue.
Responsible Gaming Education Week (August 3 – 7, 2009) was accepted by Carrie Tedore,
Diamond Jo Casino, 301 Bell Street, and Joey Anderson, Mystique Casino, 1855 Greyhound
Road.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated with (#5) Pine Knoll Subdivision being pulled from the agenda. Seconded by Braig.
Braig requested (#3) Homelessness Prevention and Rapid Re-Housing Program be held for
separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 7/20; Housing Commission of 6/23; Human
Rights Commission of 6/8; Investment Oversight Advisory Commission of 7/22
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Investment Oversight Advisory Commission 65 Quarterly Report
Proofs of publication of City Council Proceedings of July 6, 2009 (Special Session and
Regular Meeting) and List of Claims and Summary of Revenues for Month Ended June 30,
2009
Substance Abuse Services Center Fourth Quarter Report
Upon motion the documents were received and filed.
Notice of Claims/Suits: James Lee Wolfe for vehicle damage. Upon motion the documents
were received, filed and referred to the City Attorney.
City Attorney advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: James Wolfe for
vehicle damage. Upon motion the documents were received, filed, and concurred.
Homelessness Prevention and Rapid Re-Housing Program: City Manager recommending
approval of a Homelessness Prevention and Rapid Re-Housing Program (HPRP) grant
agreement with the U.S. Department of Housing and Urban Development (HUD) in the amount
of $502,294. Motion by Braig to receive and file the documents and adopt Resolution No. 260-
09 Authorizing execution of a Homelessness Prevention and Rapid Re-Housing Program grant
agreement with the U.S. Department of Housing and Urban Development. Seconded by
Jones. A portion of the City Manager’s memo was presented and read by Braig. Motion carried
7-0.
RESOLUTION NO. 260-09
AUTHORIZING EXECUTION OF A HOMELESSNESS PREVENTION AND RAPID RE-
HOUSING PROGRAM (HPRP) GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT.
Whereas, the City of Dubuque has received funding from the U.S. Department of Housing
and Urban Development (HUD) for the Homelessness Prevention and Rapid Re-Housing
Program (HPRP); and
Whereas, the submission has been approved by the U.S. Department of Housing and
Urban Development in the amount of $502,294; and
Whereas, a grant agreement covering the activities proposed to be carried out with the
Homelessness Prevention and Rapid Re-Housing Program has been transmitted to the City of
Dubuque by the U. S. Department of Housing and Urban Development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Grant Agreement, authorized by the U.S. Department of Housing and
Urban Development for the Homelessness Prevention and Rapid Re-Housing Program Grant
to the City of Dubuque in the amount of $502,294 and identified as Grant Number S09-MY-19-
0005 is hereby accepted.
Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and
directed to execute said Grant Agreement on behalf of the City of Dubuque, Iowa as per the
grant requirements.
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Passed, approved and adopted this 3 day of August 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Office of the City Assessor: Communication from Richard A. Engelken, City Assessor,
advising that four Notice of Appeal and Petition forms have been filed with the Property
Assessment Appeal Board. Upon motion the documents were received and filed.
Pine Knoll Condominiums: This item was removed from the agenda.
Dubuque Community School District: City Manager recommending acceptance of the
warranty deed, the acquisition plat and easements from the Dubuque Community School
District for traffic signal improvements on Pennsylvania Avenue. Upon motion the documents
were received and filed and Resolution No. 261-09 Approving Acquisition Plat of Lot A of Lot 2
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of Lot 1 of the E ½ of the SW ¼ of Section 21, T89N, R2E, 5 P.M. in the City of Dubuque,
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Dubuque County, Iowa; Resolution No. 262-09 Accepting a conveyance of property of Lot A of
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Lot 2 of Lot 1 of the E ½ of the SW ¼ of Section 21, T89N, R2E, 5 P.M. in the City of
Dubuque, Dubuque County, Iowa; Resolution No. 263-09 Accepting the grant of an easement
for underground electric, fiber optic cable, traffic signals and other appurtenances through,
under and across a part of Lot 1 of Lot 1 of Lot 2 of the E ½ of the SW ¼ of Section 21, T89N,
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R2E, 5 P.M. in the City of Dubuque; and Resolution No. 264-09 Accepting the grant of an
easement for underground electric, fiber optic cable, traffic signals and other appurtenances
through, under and across a part of Lot 2 of Lot 1 of the E ½ of the SW ¼ of Section 21, T89N,
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R2E, 5 P.M. in the City of Dubuque were adopted.
RESOLUTION NO. 261-09
RESOLUTION APPROVING ACQUISITION PLAT OF LOT A OF LOT 2 OF LOT 1 OF THE E
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½ OF THE SW ¼ OF SECTION 21, T89N, R2E, 5 P.M. IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat
dated July 14, 2009, prepared by IIW Engineers & Surveyors, PC describing Lot A of Lot 2 of
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Lot 1 of the E ½ of the SW ¼ of Section 21, T89N, R2E, 5 P.M. in the City of Dubuque,
Dubuque County, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated July 14, 2009, prepared by IIW Engineers & Surveyors, PC,
relative to the real estate hereinabove described be and the same is hereby approved, and the
Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and
on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and
certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa.
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Passed, approved and adopted this 3 day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 262-09
ACCEPTING A CONVEYANCE OF PROPERTY OF LOT A OF LOT 2 OF LOT 1 OF THE E
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½ OF THE SW ¼ OF SECTION 21, T89N, R2E, 5 P.M. IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, the City of Dubuque entered into an Acquisition Agreement with Dubuque
Community School District pursuant to which the Dubuque Community School District agreed
to convey Lot A of Lot 2 of Lot 1 of the E ½ of the SW ¼ of Section 21, T89N, R2E, 5th P.M. in
the City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat thereof; and
Whereas, Dubuque Community School District has executed a conveyance of said property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and
consents to the Warranty Deed from Dubuque Community School District, copies of which are
attached hereto, as required by Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 3rd day of August, 2009.
Roy D. Buol, Mayor
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Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 263-09
RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR UNDERGROUND
ELECTRIC, FIBER OPTIC CABLE, TRAFFIC SIGNALS AND OTHER APPURTENANCES
THROUGH, UNDER AND ACROSS A PART OF LOT 1 OF LOT 1 OF LOT 2 OF THE E ½
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OF THE SW ¼ OF SECTION 21, T89N, R2E, 5 P.M. IN THE CITY OF DUBUQUE
Whereas, Dubuque Community School District has executed an Easement for Underground
Electric, Fiber Optic Cable, Traffic Signals, and Other Appurtenances through, under, and
across a part of Lot 1 of Lot 1 of Lot 2 of the E ½ of the SW ¼ of Section 21, T89N, R2E, 5th
P.M. in the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and
consents to the Grant of Easement for Underground Electric, Fiber Optic Cable, Traffic
Signals, and Other Appurtenances through, under, and across a part of Lot 1 of Lot 1 of Lot 2
of the E ½ of the SW ¼ of Section 21, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque
County, Iowa from Dubuque Community School District, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 3rd day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 264-09
ACCEPTING THE GRANT OF AN EASEMENT FOR UNDERGROUND ELECTRIC, FIBER
OPTIC CABLE, TRAFFIC SIGNALS AND OTHER APPURTENANCES THROUGH, UNDER
AND ACROSS A PART OF LOT 2 OF LOT 1 OF THE E ½ OF THE SW ¼ OF SECTION 21,
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T89N, R2E, 5 P.M. IN THE CITY OF DUBUQUE
Whereas, Dubuque Community School District has executed an Easement for Underground
Electric, Fiber Optic Cable, Traffic Signals, and Other Appurtenances through, under, and
across a part of Lot 2 of Lot 1 of the E ½ of the SW ¼ of Section 21, T89N, R2E, 5th P.M. in
the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and
consents to the Grant of Easement for Underground Electric, Fiber Optic Cable, Traffic
Signals, and Other Appurtenances through, under, and across a part of Lot 2 of Lot 1 of the E
½ of the SW ¼ of Section 21, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County,
Iowa from Dubuque Community School District, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 3rd day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Kephart Building Improvements – Selective Demolition Project: City Manager
recommending acceptance of the construction contract for the Kephart Building Improvements
– Selective Demolition Project. Upon motion the documents were received and filed and
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Resolution No. 265-09 Accepting the Kephart Building Improvements – Selective Demolition
Project and authorizing the payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 265-09
ACCEPTING THE KEPHART BUILDING IMPROVEMENT PROJECT – SELECTIVE
DEMOLITION AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract for the Kephart Building Improvement Project –
Selective Demolition (the Project) has been completed and the City Engineer has examined
the work and filed a certificate stating that the Project has been completed according to the
terms of the Public Improvement Contract and that the City Engineer recommends that the
Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the Kephart
Building Improvements Capital Improvement Project appropriation for the contract amount of
$20,300.00 less any retained percentage provided for therein as provided in Iowa Code
chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code
chapter 573.
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Passed, approved and adopted this 3 day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE KEPHART BUILDING
IMPROVEMENT PROJECT – SELECTIVE DEMOLITION
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Kephart Building Improvement Project – Selective Demolition, that the Project
has been performed in compliance with the terms of the Public Improvement Contract, and that
the total cost of the completed work is $20,300.00.
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Dated this 27 day of July, 2009.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 3 day of August, 2009.
Jeanne F. Schneider, CMC, City Clerk
DuRide Contract: City Manager recommending approval of an agreement with DuRide to
provide alternative transportation to senior citizens for Fiscal Year 2010. Upon motion the
documents were received, filed, and approved.
Housing Enterprise Zone Agreement – Sustainable Neighborhood Builders, Inc.: City
Manager recommending approval of the proposed Housing Enterprise Zone Program
Agreement by and between the Iowa Department of Economic Development (IDED), City of
Dubuque and Sustainable Neighborhood Builders, Inc. for redevelopment of the historic
millwork building located at 1079 Elm Street. Upon motion the documents were received and
filed and Resolution No. 266-09 Approving a Housing Enterprise Zone Program Agreement by
and among the Iowa Department of Economic Development, the City of Dubuque and
Sustainable Neighborhood Builders, Inc. was adopted.
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RESOLUTION NO. 266-09
APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND
AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CITY OF
DUBUQUE AND SUSTAINABLE NEIGHBORHOOD BUILDERS, INC.
Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise
Zone Commission; and
Whereas, the Enterprise Zone Commission on June 17, 2009 approved the application of
Sustainable Neighborhood Builders, Inc. for Housing Enterprise Zone benefits; and
Whereas, Sustainable Neighborhood Builders, LLC’s application was approved by the Iowa
Department of Economic Development on June 23, 2009; and
Whereas, the Iowa Department of Economic Development has prepared and submitted for
City Council approval an agreement relating to Housing Enterprise Zone benefits for
Sustainable Neighborhood Builders, Inc. a copy of which is attached hereto and by this
reference made a part hereof; and
Whereas, the City Council finds that the proposed agreement is acceptable and necessary
to the growth and development of the city.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of Economic Development Housing Enterprise Zone
Program Agreement, Number 09-HEZ-051, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on
behalf of the City of Dubuque and forward the executed copy to the Iowa Department of
Economic Development for their approval.
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Passed, approved and adopted this 3 day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Housing Enterprise Zone Agreement – 40 Main, LLC: City Manager recommending approval
of the proposed Housing Enterprise Zone Agreement by and among the Iowa Department of
Economic Development (IDED), the City of Dubuque and 40 Main, LLC related to the
redevelopment of the former Higley Chemical building on South Main Street. Upon motion the
documents were received and filed and Resolution No. 267-09 Approving a Housing
Enterprise Zone Program Agreement by and among the Iowa Department of Economic
Development, the City of Dubuque and 40 Main, LLC, was adopted.
RESOLUTION NO. 267-09
APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND
AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CITY OF
DUBUQUE AND 40 MAIN, LLC
Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise
Zone Commission; and
Whereas, the Enterprise Zone Commission on June 17, 2009 approved the application of
40 Main, LLC. for Housing Enterprise Zone benefits; and
Whereas, 40 Main, LLC’s application was approved by the Iowa Department of Economic
Development on June 23, 2009; and
Whereas, the Iowa Department of Economic Development has prepared and submitted for
City Council approval an agreement relating to Housing Enterprise Zone benefits for 40 Main,
LLC a copy of which is attached hereto and by this reference made a part hereof; and
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Whereas, the City Council finds that the proposed agreement is acceptable and necessary
to the growth and development of the city.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of Economic Development Housing Enterprise Zone
Program Agreement, Number 09-HEZ-050, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on
behalf of the City of Dubuque and forward the executed copy to the Iowa Department of
Economic Development for their approval.
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Passed, approved and adopted this 3 day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Federal Emergency Management Agency (FEMA): City Manager recommending that the
City of Dubuque transmit objections to the preliminary Digital Flood Insurance Rate Map’s
proposed new flood zones, and provide documentation to support the position that the DFIRM
is not using current data on flood mitigation. Upon motion the documents were received, filed,
and approved.
Quarterly Investment Report: City Manager submitting the Quarterly Investment Report for
the period from April 1, 2009 through June 30, 2009. Upon motion the documents were
received and filed.
Housing Code Board of Appeals: Resignation of Jim (Demetris) Matheos from the Housing
Code Board of Appeals. Upon motion the document was received and filed and the resignation
accepted.
Procurement Card Vendor Selection: City Manager recommending approval of the selection
of American Trust and Savings Bank as the City’s procurement card vendor. Upon motion the
documents were received, filed, and approved.
Revised Fiscal Year 2010 Dubuque County REAP Plan: City Manager recommending
approval of the Revised Fiscal Year 2010 Dubuque County REAP Plan and grant application
for installation of the Iowa 32 Bike / Hike Trail – Phase 3 Project. Upon motion the documents
were received and filed and Resolution No. 268-09 Authorizing REAP grant application to Iowa
Department of Natural Resources for Iowa 32 Bike / Hike Trail (Phase 3) was adopted.
RESOLUTION NO. 268-09
RESOLUTION AUTHORIZING REAP GRANT APPLICATION TO IOWA DEPARTMENT OF
NATURAL RESOURCES FOR IOWA 32 BIKE/HIKE TRAIL (PHASE 3)
Whereas, the Iowa Department of Natural Resources has allocated grant funds in the REAP
(Resource Enhancement and Protection) Program for the development of bike/hike trails; and
Whereas, the City of Dubuque has adopted the 2008 Comprehensive Plan that includes
goals for development of bike/hike trails; and
Whereas, the City of Dubuque has adopted the 2008 Tri-State Trail Plan that includes the
Iowa 32 Bike/Hike Trail (Phase 3) as a High Priority project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. The Mayor hereby is authorized to sign and the Planning Services Manager is
hereby authorized to submit an application to the Iowa Department of Natural Resources for
REAP funds for the Iowa 32 Bike/Hike Trail (Phase 3).
Section 2. That in the event said application is approved, the City Council hereby provides
its written assurance that the completed project will be adequately maintained for its intended
use in accordance with state requirements.
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Passed, approved and adopted this 3 day of August 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Step by Step – Iowa Department of Economic Development Audit: City Manager advising
that the audit report from the Iowa Department of Economic Development for the Step by Step
Project gave the City high marks for program compliance and performance. Upon motion the
documents were received and filed.
H1N1 Update: City Manager submitting an update on the Novel Influenza A (H1N1) virus.
Upon motion the documents were received and filed.
West End Commercial Subdivision: Communication from Brian Kane, representing
Tschiggfrie Excavating Company, requesting the vacation of the recorded plat of West End
Commercial Subdivision. Upon motion the documents were received and filed and referred to
the City Manager.
Signed Contracts: Retainer Agreement with the Ferguson Group to provide federal
government affairs consulting services. Upon motion the documents were received and filed.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 269-09 Granting the issuance of three renewal licenses to sell cigarettes to Awn Stop Mart
#2, Friendly Locust Mart and Aragon Tap; Resolution No. 270-09 Granting the issuance of a
Class “B” Beer Permit to Music n More Promotions; and Resolution No. 271-09 Granting the
issuance of a Class “C” Beer/Liquor License to Courtside Sports Bar and Grill, Ten Pin Tap,
Shannon’s Bar and Grill, and Bammers Sport Bar and Grill were adopted.
RESOLUTION NO. 269-09
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.
2 RENEWALS
Awn Stop Mart # 2 Awn Stop Mart Inc. 1401 Central Avenue
Friendly Locust mart Awn Stop Mart Inc. 408 W. Locust Street
Aragon Tap Aragon Tap 1103 Iowa Street
Passed, approved and adopted this 3rd day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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RESOLUTION NO. 270-09
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
Music n More Promotions Music n More Promotions Town Clock Plaza
Passed, approved and adopted this 3rd day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 271-09
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
Courtside, Inc. Courtside Sports Bar & 2095 Holliday Drive
Grill+(Sunday/Outdoor Sale)
Haggerty Enterprises Ten Pin Tap +(Sunday Sale) 601 Rhomberg Avenue
Shannon’s Bar/Grill, LLC Shannon’s Bar & Grill +(Sunday Sale) 521 E. 22 nd Street
Bammer’s Sports Bar Bammers Sport Bar & Grill 3203 Jackson Street
+(Sunday Sale)
Passed, approved and adopted this 3rd day of August, 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 Voetberg. Motion carried 7-0.
Eagle Point Water Plant Vacuum Filter Project: City Manager recommending initiation of the
public bidding process for the Eagle Point Water Plant Vacuum Filter Project and that a public
hearing be set for August 17, 2009. Upon motion the documents were received and filed and
Resolution No. 272-09 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 Eagle Point Water Plant
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Vacuum Filter Project was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on August 17, 2009 in the Historic Federal Building.
RESOLUTION NO. 272-09
EAGLE POINT WATER PLANT’S VACUUM FILTER BUILDING
BACK-UP POWER SUPPLY 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 installation of
on site power supply lines with hardware to connect the vacuum filter building operations with
the Eagle Point Water Plant’s main building generator, in the estimated amount of $85,380, are
hereby preliminarily approved and ordered filed in the office of the City Clerk for public
inspection.
A public hearing will be held on the 17th day of August, 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 Eagle Point Water Plant Vacuum Filter Building Back-up Power Supply 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
published not less than four but not more than forty-five days before the date for filing bids
before 2:00 p.m. on the 19th day of August. Bids shall be opened and read by the City Clerk at
2:30 p.m. and will be submitted to the City Council for final action at the public hearing at 6:30
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p.m. on the 8 day of September, in the Historic Federal Building Council Chambers (Second
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Floor), 350 West 6 Street, Dubuque, Iowa.
Passed, adopted and approved this 3rd day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Miller Road Water Main Extension Project: City Manager recommending initiation of the
public bidding process for the Miller Road Water Main Extension Project and that a public
hearing be set for August 17, 2009. Upon motion the documents were received and filed and
Resolution No. 273-09 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 Miller Road Water Main
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Extension Project was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on August 17, 2009 in the Historic Federal Building.
RESOLUTION NO. 273-09
MILLER ROAD WATER MAIN EXTENSION 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 installation of
approximately 1,675 feet of 8 inch ductile iron water main with accessories along Miller Road,
in the estimated amount of $170,855.90, are hereby preliminarily approved and ordered filed in
the office of the City Clerk for public inspection.
A public hearing will be held on the 17th day of August, 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 Miller Road Water Main Extension 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
published not less than four but not more than forty-five days before the date for filing bids
before 2:00 p.m. on the 19th day of August. Bids shall be opened and read by the City Clerk at
2:30 p.m. and will be submitted to the City Council for final action at the public hearing at 6:30
th
p.m. on the 8 day of September, in the Historic Federal Building Council Chambers (Second
th
Floor), 350 West 6 Street, Dubuque, Iowa.
rd
Passed, adopted and approved this 3 day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Highway 151/61 South Water Main Extension Project: City Manager recommending
initiation of the public bidding process for the Highway 151/61 South Water Main Extension
Project and that a public hearing be set for August 17, 2009. Upon motion the documents were
received and filed and Resolution No. 274-09 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 Highway
151/61 South Water Main Extension Project was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on August 17, 2009 in the Historic Federal Building.
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RESOLUTION NO. 274-09
HIGHWAY 61/151 SOUTH WATER MAIN EXTENSION 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 installation of
approximately 2,300 feet of 8 inch ductile iron water main with accessories along Highway
61/151 South in the estimated amount of $200,000 are hereby preliminarily approved and
ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 17th day of August, 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 Highway 61/151 South Water Main Extension 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
published not less than four but not more than forty-five days before the date for filing bids
before 2:00 p.m. on the 19th day of August. Bids shall be opened and read by the City Clerk at
2:30 p.m. and will be submitted to the City Council for final action at the public hearing at 6:30
th
p.m. on the 8 day of September, in the Historic Federal Building Council Chambers (Second
th
Floor), 350 West 6 Street, Dubuque, Iowa.
Passed, adopted and approved this 3rd day of August, 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:
Housing Commission: Three 3-year terms through August 17, 2012 (Terms of Culbertson,
Holz and Kapler). Applicants: Dorothy Culbertson, 2095 University Avenue; Jim Holz, 2010
Indiana Court; and David Kapler, 827 Patricia Ann Drive.
Appointments to 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
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Takes, 1245 Dunleith Court. Upon City Council concurrence, the Mayor appointed Elizabeth
Takes to the Civil Service Commission for a 4-year term through April 6, 2012.
Transit Board of Trustees: One 3-year term through July 30, 2012 (Term of Stedman).
Applicants: Thomas Croissant, 444 Angella Street, #8; and Matthew Esser, 90 Main Street,
#201. Upon roll call vote of 4-3, Matthew Esser was appointed to the Transit Board of Trustees
for a 3-year term through July 30, 2012.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Slattery Center Lease – Dubuque Montessori School: Proof of publication on notice of
public hearing to consider leasing the Slattery Center in Flora Park to Montessori School and
City Manager recommending approval. Motion by Lynch to receive and file the documents and
adopt Resolution No. 275-09 Disposing of an interest in real property by lease agreement with
Dubuque Montessori School, Inc. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 275-09
DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT WITH
DUBUQUE MONTESSORI SCHOOL, INC.
WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following described real
estate (the Property): 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; and
WHEREAS, Dubuque Montessori School, Inc., an Iowa Corporation desires to lease the
Property for the operation of a preschool as set forth in the Lease Agreement attached hereto;
and
WHEREAS, on July 20, 2009, the City Council pursuant to notice published as required by law
held a public hearing on its intent to dispose of the foregoing interest in the Property and
overruled all objections thereto; and
WHEREAS, the City Council finds that it is in the best interest of the City to approve the
disposition of such interest in the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque approves the disposition of the City’s
interest in the foregoing-described Property by lease to Dubuque Montessori School, Inc.
Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Lease
Agreement.
Passed, approved and adopted this 3rd day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fire Station No. 4 – Door Replacement Project: Proof of publication on notice of public
hearing to consider the plans, specifications, form of contract and estimated cost of $81,150
for the Fire Station No. 4 – Door Replacement Project and City Manager recommending
approval. Motion by Jones to receive and file the documents and adopt Resolution No. 276-09
Approving plans, specifications, form of contract, and estimated cost for the Fire Station No. 4
– Door Replacement Project. Seconded by Lynch. Motion carried 7-0.
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RESOLUTION NO. 276-09
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE FIRE STATION NO. 4 DOOR MODIFICATIONS 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 Fire
Station No. 4 Door Modifications Project, in the estimated amount $81,150, are hereby
approved.
rd
Passed, adopted and approved this 3 day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Garfield Retaining Wall Repair Project: Proof of publication on notice of public hearing to
consider the plans, specifications, form of contract and estimated cost of $125,637 for the
Garfield Retaining Wall Repair Project and City Manager recommending approval. Motion by
Connors to receive and file the documents and adopt Resolution No. 277-09 Approving plans,
specifications, form of contract, and estimated cost for the Garfield Retaining Wall Repair
Project. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 277-09
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE 1695 GARFIELD AVENUE RETAINING WALL REPAIR 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 1695
Garfield Avenue Retaining Wall Repair Project, in the total estimated amount $125,637, are
hereby approved.
Passed, adopted and approved this 3rd day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Historic Shot Tower Rehabilitation Project: Proof of publication on notice of public hearing to
consider the plans, specifications, form of contract and estimated cost of $769,670 for the
Historic Shot Tower Rehabilitation Project and City Manager recommending approval. Motion
by Lynch to receive and file the documents and adopt Resolution No. 278-09 Approving plans,
specifications, form of contract, and estimated cost for the Historic Shot Tower Rehabilitation
Project. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 278-09
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE 1695 GARFIELD AVENUE RETAINING WALL REPAIR 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 1695
Garfield Avenue Retaining Wall Repair Project, in the total estimated amount $125,637, are
hereby approved.
rd
Passed, adopted and approved this 3 day of August, 2009.
Roy D. Buol, Mayor
14
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Every Child / Every Promise: Request of Chad M. Chandlee to address the City Council
regarding the Every Child / Every Promise organization and the Youth Master Plan that has
been created. Chad Chandlee, 897 Mt. Carmel Street, provided an oral report on the progress
of Every Child / Every Promise.
Kennedy Mall – Sidewalk Ordinance: Communication from James M. Shurell requesting to
address the City Council regarding the City’s sidewalk ordinance. Motion by Lynch to receive
and file the documents and refer to the City Manager. Seconded by Voetberg. Joe Bell and Jim
Shurell, representing Kennedy Mall, 555 John F. Kennedy Road, provided an oral presentation
on their request for an exemption to the recent Sidewalk Ordinance citing public safety in a
heavily travelled area and the substantial cost of installing sidewalks relative to the minimal
building improvement. Motion carried 6-1 with Resnick voting nay.
Request to Address the City Council: Request of Sgt. Lee Harlow Andre to address the City
Council regarding several issues. Motion by Lynch to receive and file. Seconded by Connors.
Sgt. Lee Harlow Andre, 1175 Highland Drive, addressed the Council regarding his thoughts on
the need for and the closure of the Grandview Avenue Pet Park.
Demolition by Neglect in Historic and Conservation Districts: Historic Preservation
Commission recommending adoption of amendments to Chapters 25-7 and 11-4 of the Code
of Ordinances regarding demolition by neglect in historic and conservation districts. Motion by
Connors to receive and file the documents and that the requirement that a proposed ordinance
be considered and voted on for passage at two Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by Jones. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 37-09 Amending
Chapter 11 of the City of Dubuque Code of Ordinances Building Regulations by amending
Section 11-4 Demolition Permits in Conservation Districts to prohibit demolition by neglect and
Ordinance No. 38-09 Amending Chapter 25 of the City of Dubuque Code of Ordinances
Historic Preservation by amending Section 25-7(B) Demolition by Neglect Prohibited.
Seconded by Jones. Planning Services Manager Laura Carstens provided a staff report.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 37-09
AMENDING CHAPTER 11 OF THE CITY OF DUBUQUE CODE OF ORDINANCES
BUILDING REGULATIONS BY AMENDING SECTION 11-4 DEMOLITION PERMITS IN
CONSERVATION DISTRICTS TO PROHIBIT DEMOLITION BY NEGLECT
Whereas, the Historic Preservation Commission has recommended amendments to Chapter
11 Building Regulations of the City of Dubuque Code of Ordinances regarding prohibition of
demolition of neglect in conservation districts; and,
Whereas, the City of Dubuque has established conservation districts to allow for the City
Council’s review of demolition permits that might impact buildings of historic or architectural
significance in these districts; and,
15
Whereas, the City Council has appointed a Historic Preservation Commission to review
demolition permits in conservation districts, and provide recommendations to the City Council;
and,
Whereas, the City Council finds that the recommended amendments to Chapter 11 are
consistent with the goals and objectives of the City’s Comprehensive Plan and the purpose
and intent of the City’s Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 11-4 of the City of Dubuque Code of Ordinances is hereby amended by
amending Subsection (h) as follows:
. . . .
(h) Demolition By Neglect Prohibited. The owner of a building or structure in any
conservation district shall preserve and keep in good repair all of the exterior portions of such
buildings and structures and all interior portions thereof whose maintenance is necessary to
prevent deterioration and decay of any exterior portion. This shall be in addition to all other
provisions of law requiring property and improvements to be kept in good repair. The owner
shall repair the building or structure to correct any of the following defects as determined by
the City’s Building Official:
(1) Parts which are improperly or inadequately attached so that they may fall and injure
persons or property;
(2) A deteriorated or inadequate foundation;
(3) Defective or deteriorated floor supports or floor supports that are insufficient to carry the
loads imposed;
(4) Walls, partitions, or other vertical supports that split, lean, list, or buckle due to defect or
deterioration or are insufficient to carry the load imposed;
(5) Ceilings, roofs, ceiling or roof supports, or other horizontal members which sag, split, or
buckle, due to defect or deterioration or are insufficient to support the load imposed;
(6) Fireplaces and chimneys which list, bulge, or settle due to defect or deterioration or are
of insufficient size or strength to carry the loads imposed;
(7) Deteriorated, crumbling, or loose exterior stucco or mortar;
(8) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors,
including broken windows and doors;
(9) Defective or lack of weather protection for exterior wall coverings, foundations, or floors,
including broken windows and doors;
(10) Any default, defect, or condition in the structure which renders it structurally unsafe or
not properly watertight;
(11) Deterioration of any exterior feature so as to create a hazardous condition which could
make demolition necessary for the public safety;
(12) Deterioration or removal after the effective date hereof of any unique architectural
feature which would detract from the original architectural style;
(13) Deterioration of exterior stairs, porches, handrails, window and door frames, cornices,
wall facings, and architectural details that cause instability, loss of shape and form, or
crumbling;
(14) Rotting, holes, and other forms of decay; or
(15) Leaving a building or structure open or vulnerable to vandalism, decay by the elements,
or animal and/or insect infestation.
Section 2. This Ordinance shall take effect on publication.
rd
Passed, approved and adopted the 3 day of August, 2009.
/s/Roy D. Buol, Mayor
16
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 7 day of August, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 38-09
AMENDING CHAPTER 25 OF THE CITY OF DUBUQUE CODE OF ORDINANCES
HISTORIC PRESERVATION BY AMENDING SECTION 25-7(B) DEMOLITION BY
NEGLECT PROHIBITED
Whereas, the Historic Preservation Commission has recommended amendments to Chapter
25 Historic Preservation of the City of Dubuque Code of Ordinances regarding prohibition of
demolition of neglect in historic districts; and,
Whereas, the City of Dubuque has established historic districts to promote the educational,
cultural, economic, and general welfare of the public through the protection, enhancement, and
perpetuation of properties with historic and cultural significance; and,
Whereas, the City of Dubuque safeguards the City’s prehistoric, historic, aesthetic,
architectural, archeological, and cultural heritage by preserving historic properties, districts,
landmarks, and landmark sites of historical, architectural, and cultural significance; and,
Whereas, the City Council finds that the recommended amendments to Chapter 25 are
consistent with the goals and objectives of the City’s Comprehensive Plan and the purpose
and intent of the City’s Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 25-7(b) of the City of Dubuque Code of Ordinances is hereby amended
as follows:
. . . .
(b) Demolition By Neglect Prohibited. The owner of a building or structure in any historic
district, or of a landmark or landmark site, or individually designated historic property shall
keep in good repair all the exterior portions of such buildings or structures and all interior
portions thereof whose maintenance is necessary to prevent deterioration and decay of any
exterior portion. This shall be in addition to all other provisions of law requiring property and
improvements to be kept in good repair. The owner shall repair the building or structure to
correct any of the following defects as determined by the City’s Building Official:
(1) Parts which are improperly or inadequately attached so that they may fall and injure
persons or property;
(2) A deteriorated or inadequate foundation;
(3) Defective or deteriorated floor supports or floor supports that are insufficient to carry
the loads imposed;
(4) Walls, partitions, or other vertical supports that split, lean, list, or buckle due to defect
or deterioration or are insufficient to carry the load imposed;
(5) Ceilings, roofs, ceiling or roof supports, or other horizontal members which sag, split,
or buckle, due to defect or deterioration or are insufficient to support the load imposed;
(6) Fireplaces and chimneys which list, bulge, or settle due to defect or deterioration or
are of insufficient size or strength to carry the loads imposed;
(7) Deteriorated, crumbling, or loose exterior stucco or mortar;
(8) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors,
including broken windows and doors;
17
(9) Defective or lack of weather protection for exterior wall coverings, foundations or
floors, including broken windows and doors;
(10) Any default, defect, or condition in the structure which renders it structurally unsafe
or not properly watertight;
(11) Deterioration of any exterior feature so as to create a hazardous condition which
could make demolition necessary for the public safety;
(12) Deterioration or removal after the effective date hereof of any unique architectural
feature which would detract from the original architectural style;
(13) Deterioration of exterior stairs, porches, handrails, window and door frames,
cornices, wall facings, and architectural details that cause instability, loss of shape and form,
or crumbling;
(14) Rotting, holes, and other forms of decay; or
(15) Leaving a building or structure open or vulnerable to vandalism, decay by the
elements, or animal and/or insect infestation.
Section 2. This Ordinance shall take effect on publication.
rd
Passed, approved and adopted the 3 day of August, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 7 day of August, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
Restriction of All-Terrain Vehicles (ATV) Use: City Manager recommending approval of
amendments to the City’s provisions on the use of all-terrain vehicles (ATVs).
Communication from Jack Nachtman, Manager of Mt. Calvary Cemetery Association, urging
passage of the ordinance.
Motion by Connors to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be passed be suspended. Seconded by Voetberg. Motion carried
7-0
Motion by Connors for final consideration and passage of Ordinance No. 39-09 Amending
the City of Dubuque Code of Ordinances Section 32-321.1 Definitions by amending the
definition of all-terrain vehicle and amending Section 32-321.234A All-Terrain Vehicles
Establishing Regulations for All-Terrain Vehicles on Public Roadways, Private Property, and
Right-of-Way, Enumerating Exceptions for Wheelchairs, Permitted Events, Emergency Rescue
Operations, and Establishing the Penalty for Violation Thereof. Seconded by Voetberg. Motion
carried 7-0
OFFICIAL PUBLICATION
ORDINANCE NO. 39-09
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-321.1
DEFINITIONS BY AMENDING THE DEFINITION OF ALL-TERRAIN VEHICLE AND
AMENDING SECTION 32-321.234A ALL-TERRAIN VEHICLES ESTABLISHING
REGULATIONS FOR ALL-TERRAIN VEHICLES ON PUBLIC ROADWAYS, PRIVATE
PROPERTY, AND RIGHT-OF-WAY, ENUMERATING EXCEPTIONS FOR WHEELCHAIRS,
PERMITTED EVENTS, EMERGENCY RESCUE OPERATIONS, AND ESTABLISHING THE
PENALTY FOR VIOLATION THEREOF.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. Section 32-321.1 of the City of Dubuque Code of Ordinances is amended to read
as follows:
Sec. 32-321.1. Definitions.
. . . .
All-terrain vehicle means a motor vehicle designed to travel on two (2) or more wheels and
designed primarily for off-road use, but not including farm tractors, construction equipment,
forestry vehicles, or lawn and grounds maintenance vehicles when used for farming,
construction, commercial deliveries, forestry, lawn and grounds maintenance, or towing for
utility as opposed to recreational uses.
. . . .
Section 2. Section 32-321.234A of the City of Dubuque Code of Ordinances is amended to
read as follows:
Sec. 32-321.234A. All Terrain Vehicles.
1. Roadway Use.
a. All-terrain vehicles shall not be operated on a roadway unless one or more of the
following conditions apply:
(1) The all-terrain vehicle is operated between sunrise and sunset and is incidental to
the vehicle’s use for agricultural purposes.
(2) The all-terrain vehicles’ operation is incidental to the vehicle's use for the purpose
of surveying by a licensed engineer or land surveyor.
(3) The all-terrain vehicle is operated by an employee or agent of a political subdivision
or public utility for the purpose of construction or maintenance on or adjacent to the
highway.
b. A person operating an all-terrain vehicle on a roadway shall have a valid operator’s
license.
c. The all-terrain vehicle shall be operated at speeds of thirty (30) miles per hour or less.
d. When operated on a roadway, an all-terrain vehicle shall have a bicycle safety flag
which extends not less than five (5) feet above the ground attached to the rear of the
vehicle. The bicycle safety flag shall be triangular in shape with an area of not less than
thirty (30) square inches, be day glow in color, and shall be in lieu of the reflective
equipment required by Section 32-321.383 of the Code of Iowa.
2. Private Property.
a. All-terrain vehicles shall not be operated on private or public property unless the
following conditions apply:
(1) The operation is between sunrise and sunset.
(2) The property is not less than one (1) acre in size.
(3) The property is zoned Agricultural (AG) or is zoned Planned Urban Development
(PUD) and used for agricultural purposes.
(4) If the operator of the all-terrain vehicle is not the property owner, the operator must
have the written permission of the property owner.
(5) The all-terrain vehicle shall be operated at speeds of thirty (30) miles per hour or
less.
b. The provisions of 32-321.234A(2)(a) shall not apply to zoned Institutional Districts (ID).
3. Right-of-Way.
All-terrain vehicles shall not be operated on land adjacent to a highway, other than an
interstate road, unless the following provisions apply:
a. The operator of the all-terrain vehicle is the property owner or a member of the owner's
family.
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b. The all-terrain vehicle is operated on the portion of the highway right-of-way that is
between the shoulder of the roadway, or at least five (5) feet from the edge of the roadway
and the owner's property line.
c. A person operating an all-terrain vehicle within the highway right-of-way under this
Subsection shall comply with the registration, safety, and age requirements under Iowa
Code, Chapter 321I.
4. The provisions of this Section shall not apply to use of a wheelchair or other similar
conveyance when used for transportation by any temporarily or permanently disabled person.
5. The provisions of this Section shall not apply to the above proscribed conveyances when
used in any parade, exhibition, or gathering of persons which has been authorized by permit
from the City Manager.
6. The provisions of this Section shall not apply to all-terrain vehicles operated by an
employee or agent of a public agency for the purpose of providing emergency services or
rescue.
7. A person convicted of a violation of this Section is guilty of a simple misdemeanor
punishable as a scheduled violation under Iowa Code Section 805.8A.
Section 3. This Ordinance shall take effect on publication.
rd
Passed, approved and adopted the 3 day of August, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 7 day of August, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
Amendment to Development Agreement – 40 Main, LLC: City Manager recommending
approval of the second amendment to the Development Agreement with 40 Main, LLC. Motion
by Connors to receive and file the documents and adopt Resolution No. 279-09 Approving the
Second Amendment to the 40 Main, LLC Development Agreement. Seconded by Voetberg.
Motion carried 7-0.
RESOLUTION NO. 279-09
RESOLUTION APPROVING THE SECOND AMENDMENT TO THE 40 MAIN, LLC
DEVELOPMENT AGREEMENT
Whereas, a Development Agreement (the Agreement), dated January 15, 2009, was
entered into by and between the City of Dubuque, a municipal corporation of the State of Iowa
(City), and 40 Main, LLC (Developer); and
Whereas, this Development Agreement was amended (First Amendment) on May 18, 2009;
and
Whereas, City and 40 Main, LLC now desire to amend the Development Agreement as set
forth attached Second Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Second Amendment of the 40 Main, LLC Development Agreement is
hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute said Second
Amendment on behalf of the City of Dubuque and the City Clerk is authorized and directed to
attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to
implement the terms of the Second Amendment as herein approved.
Passed, approved and adopted this 3rd day of August, 2009.
20
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Residential Parking Permit Districts: City Manager recommending approval of a change in
the Code of Ordinances regarding the Residential Parking Permit Program to accommodate
non-dwelling units (i.e., businesses) within a Residential Parking Permit District. 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 Voetberg. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 40-09 Amending City
of Dubuque Code of Ordinances Chapter 32 Motor Vehicles and Traffic, Article VIII Stopping,
Standing and Parking, Division VII Residential Parking Permit Program, Section 32-321.725
Issuance of Residential Parking Permit authorizing the City Manager to issue permits for non-
residential property. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 40-09
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 32 MOTOR
VEHICLES AND TRAFFIC, ARTICLE VIII STOPPING, STANDING AND PARKING,
DIVISIION VII RESIDENTIAL PARKING PERMIT PROGRAM, SECTION 32-321.725
ISSUANCE OF RESIDENTIAL PARKING PERMIT AUTHORIZING THE CITY MANAGER TO
ISSUE PERMITS FOR NON-RESIDENTIAL PROPERTY
Section. 1. City of Dubuque Code of Ordinances § 32-321.725(a) is amended by adding the
following:
The owner of a non-residential building in a parking permit district which was
formerly a residential building may apply for residential parking permits as
provided herein. The number of permits which may be issued for such non-
residential building shall be limited to the number of permits that would have
been available when the building was used for residential purposes.
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Passed, approved and adopted this 3day of August, 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 7 day of August, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
U.S. Department of Commerce – Economic Development Administration: Communication
from Dennis Alvord, Economic Development Administration, advising that the City of Dubuque
is the winner of the EDA Excellence in Economic Development Awards 2009 in the category of
Excellence in Historic Preservation-Led Strategies. Motion by Voetberg to receive and file the
documents. Seconded by Resnick. Motion carried 7-0.
July 3 Fireworks Display: City Manager recommending that the request of the Dubuque
Jaycees, KDTH, KGRR and the River to conduct a fireworks display on July 3, 2010 and right
of first refusal on the dates in future years be approved subject to the annual submittal and
approval of a City of Dubuque Special Event Permit. Motion by Connors to receive and file the
documents and approve the recommendation. Seconded by Braig. Motion carried 7-0.
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2009 – 2010 Deer Management Plan: City Manager recommending approval of the 2009 –
2010 Urban Deer Management Program. Motion by Lynch to receive and file the documents
and approve the recommendation. Seconded by Resnick. Motion carried 7-0.
Iowa 32 Hike / Bike Trail Phase 2 Project: City Manager recommending award of the public
improvement contract for the Iowa 32 Hike / Bike Trail Phase 2 Project to Connolly
Construction in the amount of $187,248.00. Motion by Jones to receive and file the documents
and adopt Resolution No. 280-09 Awarding contract for the Iowa 32 Hike / Bike Trail Phase 2
Project. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 280-09
AWARDING CONTRACT
WHEREAS, sealed proposals have been submitted by contractors for the Iowa 32 Hike/Bike
Trail, Phase 2 Project pursuant to Resolution No. 225-09, and notice to bidders published in a
newspaper published in the City of Dubuque, Iowa, on the 10th day of July, 2009.
WHEREAS, said sealed proposals were opened and read on the 23rd day of July, 2009,
and it has been determined that the bid of Connolly Construction in the amount of $187,248
was the lowest bid for the furnishings of all labor and materials and performing the work as
provided for in the plans and specifications.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement be awarded to Connolly Construction, and the
Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for
the complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the approval of the contractor's bond, the City
Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 3rd day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Trail Project at Bergfeld Recreation Area: City Manager recommending award of the public
improvement contract for the Trail Project at Bergfeld Recreation Area to Drew Cook and Sons
in the amount of $392,087.70. Motion by Connors to receive and file the documents and adopt
Resolution No. 281-09 Awarding contract for the Trail Project at Bergfeld Recreation Area.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 281-09
AWARDING CONTRACT
WHEREAS, sealed proposals have been submitted by contractors for the Trail at Bergfeld
Recreation Area Project pursuant to Resolution No. 228-09, and notice to bidders published in
a newspaper published in the City of Dubuque, Iowa, on the 10th day of July, 2009.
WHEREAS, said sealed proposals were opened and read on the 23rd day of July, 2009,
and it has been determined that the bid of Drew Cook and Sons in the amount of $392,087.70
was the lowest bid for the furnishings of all labor and materials and performing the work as
provided for in the plans and specifications.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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That the contract for the above improvement be awarded to Drew Cook and Sons, and the
Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for
the complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the approval of the contractor's bond, the City
Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 3rd day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
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Locust Street Resurfacing – 9 to 17 Streets Project: City Manager recommending award
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of the contract for the Locust Street Resurfacing – 9 to 17 Streets Project to Tschiggfrie
Excavating Company in the amount of $540,420.12, subject to Iowa Department of
Transportation approval. Motion by Voetberg to receive and file the documents and adopt
Resolution No. 282-09 Awarding public improvement contract for the Locust Street
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Resurfacing – 9 to 17 Streets Project. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 282-09
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE LOCUST STREET ASPHALT
RESURFACING PROJECT (9TH STREET TO 17TH STREET), IOWA DOT PROJECT NO.
STP-U-2100 (641)--70-31
Whereas, sealed proposals have been submitted by contractors for the Locust Street
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Asphalt Resurfacing Project (9 Street to 17 Street) Project (Iowa DOT Project No. STP-U-
2100(641)--70-31) (the Project) pursuant to Resolution No. 232-09 and Notice to Bidders
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published in a newspaper published in the City of Dubuque, Iowa on the 10 day of July, 2009.
Whereas, said sealed proposals were opened and read by the Iowa Department of
st
Transportation on the 21 day of July, 2009 and it has been determined that Tschiggfrie
Excavating Company of Dubuque, Iowa, with a bid in the amount of $540,420.12, 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 Tschiggfrie
Excavating Company, subject to the concurrence by Iowa Department of Transportation (Iowa
DOT), 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 3 day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
National League of Cities Institute for Youth, Education and Families: The National League
of Cities Institute for Youth, Education and Families with support from the Charles Stewart Mott
Foundation has selected Dubuque as one of the first twelve cities to participate in a learning
community for municipal leaders seeking to re-engage disconnected youth and the City
Manager is requesting one or two City Council volunteers to participate in a national summit on
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October 11 – 13 in Boston, Massachusetts. Motion by Connors to receive and file the
documents and select Mayor Buol and Council Member Connors as participants. Seconded by
Resnick. Motion carried 7-0.
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COUNCIL MEMBER REPORTS
Resnick congratulated Leisure Services Manager Gil Spence and the Leisure Services staff
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on the successful Eagle Point Park 100th Anniversary Party held August 2.
Jones thanked the Telegraph Herald for its article on police officers who must deliver death
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notifications published August 2.
PUBLIC INPUT
Marcos Rubenstein, 663 Fenlon Place, requested that a group of City staff be put together
to look at the concept of community gardens.
CLOSED SESSION
Motion by Jones to go into closed session at 8:09 p.m. regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) of the Code of Iowa. Seconded by
Connors. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 8:49 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:50 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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