8 17 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 17, 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.
Pledge of Allegiance
Invocation was provided by Pastor Terry Bemis of Assembly of God Church.
PROCLAMATIONS
Irish Hooley Day (August 29, 2009) was accepted by Joe Blodgett, 256 Nevada Street; Tour
de Dubuque Day (August 29, 2009) was accepted by Baird Sessions, 2145 Garfield Avenue.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Voetberg requested (#16) Automated Agenda Management
Request for Proposals and (#27) Signed Contracts be held for separate discussion. Motion
carried 7-0.
Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 5/12 and 7/7;
City Council of 8/3; Civil Service Commission of 7/10; Library Board of Trustees of 5/28 and
6/25; Park and Recreation Commission of 7/14; Transit Board of Trustees of 5/14; Zoning
Advisory Commission of 8/5
Proofs of publication of City Council Proceedings of July 9 and 20, 2009
Official Proceedings of the City Council for 2008
Upon motion the documents were received and filed.
Notice of Claims/Suits: Linda Beau for vehicle damage; Progressive Northern Insurance
Company (representing John L. Walker) for vehicle damage; Albert A. Weidenbacher for
vehicle 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: Linda Beau for vehicle
damage; Progressive Northern Insurance Company for vehicle damage; Jacob Schmitz for
vehicle damage. Upon motion the documents were receive and filed and concurred.
First Half of 2009 Weed Assessments: City Manager recommending approval of the levy of
special assessments for the first half of the 2009 Weed Enforcement Program in the total
amount of $1,067.50. Upon motion the documents were received and filed and Resolution No.
284-09 Adopting the schedule of assessments for the first half of the 2009
Weed/Garbage/Junk Enforcement Program specifying the number of annual installments into
which assessments are divided, the interest on all unpaid installments, the time when the
assessments are payable and directing the clerk to certify the schedule of assessments to the
County Treasurer and to publish notice thereof was adopted.
RESOLUTION NO. 284-09
ADOPTING THE SCHEDULE OF ASSESSMENTS FOR THE FIRST HALF OF THE 2009
WEED/GARBAGE/JUNK ENFORCEMENT PROGRAM SPECIFYING THE NUMBER OF
ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST
ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE
AND DIRECTING THE 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 the First
Half of the 2009 Weed/Garbage/Junk Enforcement Program which Schedule of Assessments
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was filed in the office of the city Clerk on the 12 day of August, 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 special tax against and upon each of
the lots, 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
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 office of the City
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Treasurer, 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 of $100.00 or more are payable in 10
annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720
Central Avenue, Dubuque, Iowa, and will draw annual interest at nine (9) percent
(commencing on the date of acceptance of the work) computed to December 1 next following
the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa.
Each installment will be delinquent from October 1 following its due date on July 1 of each
year. Property owners may elect to pay any annual installments semiannually in advance.
Passed, approved and adopted this 17th day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
SCHEDULE OF ASSESSMENTS FOR THE FIRST HALF OF THE 2009
WEED/GARBAGE/JUNK ENFORCEMENT PROGRAM
Property Address/Location, Owner, Legal Description, Assessment, Category
Asbury Rd, 3102, Jonathan Slaght & MacKenzie Kass, 3102 Asbury Rd, Dubuque IA
52001, Lot 2-1 Giesel Highland Park, $77.50, Weed/grass cutting
W Locust, 481, Carrie Sharkey & Derek Wong, 481 W Locust, Dubuque, IA 52001, Lot 7 &
W 1/2 Lot 6 Coxs Add, $77.50, Weed/grass cutting
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Tanzanite Dr, 760, Peter Eck, Equity Builders LLC, P O Box 208, Lake Zurich IL 60047-
0208, Lot 5 Emerald Acres # 1, $95.00, Weed/grass cutting
Sapphire Circle, 640, Peter Eck, Equity Builders LLC, P O Box 208, Lake Zurich IL 60047-
0208, LOT 2-2 Emerald Acres No. 4, $60.00, Weed/grass cutting
Ashton Place, 1610, Gerald J & Erin R Mayne, 410 S Harrison St., Lancaster WI 53813-
1903, Lot 293 Woodlawn Park Add, $77.50, Weed/grass cutting
North Grandview, 1555, Timothy & Sandra Kohl, 1555 N Grandview, Dubuque IA 52001,
Lot 93 Woodlawn Park Add, $77.50, Weed/grass cutting
Clark Street, 439, Secretary of HUD, c/o Countrywide Home Loans Inc, 7105 Corporate
Drive PTX-C-35, Plano TX 75024, W 43' of Lot 7 of E Pt of City Lot 682 & Lot 2-6 & Pt of City
lot 682, $77.50, Weed/grass cutting
Rhomberg, 1311, Freedom Development Co LLC, 2250 Kennedy Circle, # 7, Dubuque IA
52002, Lot 1-58 McCraney's 1st Add, $77.50, Weed/grass cutting
Cooper Pl, 555, Stacey & Michael Killian, 555 Cooper Pl, Dubuque IA 52001, Lot 16
Cooper Hgts Add, $60.00, Weed/grass cutting
Tanzanite Dr, lot next to 585, Peter Eck, Equity Builders LLC, P O Box 208, Lake Zurich IL
60047-0208, Lot 5 Emerald Acres # 4, $95.00, Weed/grass cutting
Pine, 1331, Leonard Helbing, 1331 Pine, Dubuque IA 52001, W 1/2 65' Lot 208 East DBQ
Add, $60.00, Weed/grass cutting
W 3rd, 1815, Corey Bonner, 1815 W 3rd St, Dubuque IA 52001, Lots 13, 13A, 14 & 14A
Hodges Sub # 2, $95.00, Weed/grass cutting
Heeb, 1783, Shannon & Toby Dingbaum, 18567 Drexel St., Omaha NE 68135, Lot 2-7 of
City Lot 675, $77.50, Weed/grass cutting
Reis, 714, Charlie & Christina Ties, 2753 Broadway, Dubuque, IA 52001, Lot 3-4 Geigers
Sub, $60.00, Weed/grass cutting
DMASWA Comprehensive Solid Waste Management Plan Update: City Manager
recommending approval of the Dubuque Metropolitan Area Solid Waste Agency’s 2009
Comprehensive Solid Waste Management Plan Update. Upon motion the documents were
received and filed and Resolution No. 285-09 Adopting the Dubuque Metropolitan Area Solid
Waste Agency’s 2009 Comprehensive Solid Waste Management Plan Update was adopted.
RESOLUTIONNO.285-09
ADOPTING THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY’S
COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN UPDATE
Whereas, Section 455B.302 of the Code of Iowa requires every city and county of this state
to provide for the establishment and operation of a comprehensive solid waste reduction
program consistent with the waste management hierarchy under section 455B.301A, and a
sanitary disposal project for final disposal of solid waste by its residents; and
Whereas, Section 455B.306(1) of the Code of Iowa requires that all cities and counties file
with the Director of the Department of Natural Resources a comprehensive plan detailing the
method by which the city or county will comply with the requirements of section 455B.302 to
establish and implement a comprehensive solid waste reduction program for its residents; and
Whereas, a proposed comprehensive plan, as described in section 455B.306 of the Code of
Iowa has been prepared by the Dubuque Metropolitan Area Solid Waste Agency and Delaware
County Solid Waste Disposal Commission at the direction of and with the participation of the
City Council of the City of Dubuque, Iowa, which plan is entitled Comprehensive Plan Update
and is dated September 1, 2009; and
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Whereas, the City Council of the City of Dubuque, Iowa has determined that the adoption
and implementation of the proposed comprehensive plan is in its best interest, with respect to
satisfying its statutory duties.
Now, therefore, it is hereby resolved by theCITY COUNCILof the CITY OF DUBUQUE,
IOWA:
1. That the City Council of the City of Dubuque, Iowa does hereby approve and adopt the
Comprehensive Plan update as its comprehensive solid waste reduction plan, provided that
any changes in said plan hereafter proposed by the Agency or required by the Iowa
Department of Natural Resources shall be subject to the approval of the City Council of the
City of Dubuque, Iowa.
2. That the City council of the City of Dubuque, Iowa shall implement and participate in the
programs set forth in the Comprehensive Plan Update.
3. That the Dubuque Metropolitan Area Solid Waste Agency is authorized to submit on
behalf of the City Council of the City of Dubuque, Iowa the Comprehensive Plan Update to the
Iowa Department of Natural Resources in satisfaction of Section 455B.306(1) of the Code of
Iowa.
Passed, adopted, and approved this 17th day of August, 2009
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Civil Service Commission: Civil Service Commission submitting the certified list for the
positions of Police Chief and Equipment Operator II. Upon motion the documents were
received and filed and made a Matter of Record.
August 6, 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
Police Chief was administered. We hereby certify that the individuals listed below have passed
this written examination and that vacancy for this position should be made from this list and
that the list is good for one (1) year from above date.
POLICE CHIEF
Craig Berte Todd Miller
Michael Venema Michael Tupper
Michael Thornley Jon Mark Fehlman
Mark Dalsing Gerald Mines
Justin Paul Thomas Sheehan
Joseph Lager
Respectfully submitted,
/s/ Dan White
/s/ James Schilling
/s/ Betty Takes,
Civil Service Commission
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August 6, 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
Equipment Operator II was given on July 7, 2009. We hereby certify that the individuals listed
below have passed this written examination and that vacancies for this position should be
made from this list and that the list is good for two (2) years from above date.
EQUIPMENT OPERATOR II
Gary L. Valentine Robert J. Barry
William P. Gansen Mark A. Meyer
Tim Lattner Jim Powers
Jerome Ben Brian J. Lochner
Christian L. Kloft John Leytem
Respectfully submitted,
/s/ Dan White
/s/ James Schilling
/s/ Betty Takes,
Civil Service Commission
Fire Station No. 4 Door Replacement Project: City Manager recommending award of the
public improvement contract for the Fire Station No. 4 Door Replacement Project to Portzen
Construction in the amount of $58,900. Upon motion the documents were received and filed
and Resolution No. 286-09 Awarding public improvement contract for the Fire Station No. 4
Door Replacement Project was adopted.
RESOLUTION NO. 286-09
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE FIRE STATION NO. 4 DOOR
MODIFICATIONS PROJECT
Whereas, sealed proposals have been submitted by contractors for the Fire Station No. 4
Door Modifications Project (the Project) pursuant to Resolution No. 250-09 and Notice to
Bidders published in a newspaper published in the City of Dubuque, Iowa on the 24th day of
July, 2009.
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Whereas, said sealed proposals were opened and read on the 7 day of August, 2009 and
it has been determined that Portzen Construction of Dubuque, Iowa, with a bid in the amount
of $58,900.00, 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 Portzen
Construction and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 17th day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Iowa National Guard Training: City Manager recommending approval of a usage agreement
with the Iowa National Guard allowing the Guard to do training at the former Roosevelt Park.
Upon motion the documents were received, filed and approved.
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Historic/Architectural Survey – Phase VI: City Manager recommending approval to submit a
Certified Local Government (CLG) grant application in the amount of $19,000 for the Phase VI
Intensive Architectural/Historic Survey and Evaluation. Upon motion the documents were
receive, filed and approved.
Four Mounds Illustrated Site Plan: City Manager recommending approval to submit a
Certified Local Government (CLG) grant application in the amount of $9,700 for an Illustrated
Site Plan for Four Mounds. Upon motion the documents were received, filed and approved.
Community Development Block Grant Recovery (CDBG-R): City Manager recommending
approval of a Community Development Block Grant Recovery grant agreement with the U.S.
Department of Housing and Urban Development in the amount of $328,269 from the federal
stimulus package. Upon motion the documents were received and filed and Resolution No.
287-09 Authorizing execution of a Community Development Block Grant Recovery grant
agreement with the U.S. Department of Housing and Urban Development was adopted.
RESOLUTION NO. 287-09
AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT
RECOVERY (CDBG-R) 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 Community Development Block Grant Recovery
(CDBG-R) grant ; and
Whereas, the substantial amendment to the Fiscal Year 2008 Action Plan has been
approved by the U.S. Department of Housing and Urban Development for the amount of
$328,269; and
Whereas, a grant agreement covering the activities proposed to be carried out with the
Community Development Block Grant Recovery (CDBG-R) grant 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 Community Development Block Grant Recovery (CDBG-R) grant
to the City of Dubuque in the amount of $328,269 and identified as Grant Number B-09-MY-
19-0004 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 17 day of August 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
PEG Capital Grant Expenditure: City Manager recommending approval of the Cable TV
Tele-Programming Commission recommendations for funding from the Public, Educational,
and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of
$2,500 for Wahlert High School and $41,500 for Loras College. Upon motion the documents
were received, filed and approved.
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Bee Branch Creek Restoration Project: Assistant City Attorney Tim O’Brien recommending
approval of the commencement of eminent domain proceedings to acquire the property
located at 1553 Maple Street as part of the Bee Branch Creek Restoration Project. Upon
motion the documents were received and filed and Resolution No. 288-09 Authorizing the
commencement of eminent domain proceedings for the acquisition of certain real property
owned by Milton Schwartz at 1553 Maple Street in Dubuque County, Iowa, for the Bee Branch
Creek Restoration Project was adopted.
RESOLUTION NO. 288-09
AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS FOR THE
ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY MILTON SCHWARTZ AT 1553
MAPLE STREET IN DUBUQUE COUNTY, IOWA, FOR THE BEE BRANCH CREEK
RESTORATION PROJECT
WHEREAS, the City of Dubuque (City) intends to acquire real property for Bee Branch
Creek Restoration Project. The property, currently owned by Milton Schwartz (Owner), is
legally described as follows (the Property): Northerly ½ of Lot 289 in East Dubuque No. 2, an
Addition in the City of Dubuque, Iowa, according to the recorded plat thereof; and
WHEREAS, the City Council finds that there is a reasonable expectation the City will be
able to proceed with and complete the Bee Branch Creek Restoration Project, comply with all
applicable standards and obtain the necessary permits; and
WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with
Owner to purchase the Property before proceeding with condemnation; and
WHEREAS, City caused an appraisal of the Property to be made and the appraised value of
the Property is $62,000; and
WHEREAS, City has made an offer to purchase the Property for not less than its fair market
value; and
WHEREAS, City has been unable after good faith negotiations to reach an agreement with
Owner for the acquisition of the Property.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA, AS FOLLOWS:
Section 1. The City Manager and the City Attorney are hereby authorized to commence
eminent domain proceedings for the acquisition of the Property and to take such further action
as may be necessary for the acquisition of the Property.
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Passed, adopted and approved this 17 day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
40 Main, LLC – Consent to Collateral Assignment of Development Agreement: City
Manager recommending approval of the Consent to the Collateral Development Agreement
between the City of Dubuque and 40 Main, LLC for purposes of financing this redevelopment
project. Upon motion the documents were received, filed and approved.
Cell Phone Service and Handsets – Request for Proposals: City Manager recommending
approval of the issuance of a Request for Proposals for Cellular Phone Service and Handsets.
Upon motion the documents were received, filed and approved.
Automated Agenda Management – Request for Proposals: City Manager recommending
approval of the issuance of a Request for Proposals for an Automated Agenda Management
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System. Motion by Voetberg to receive and file the documents and approve the
recommendation. Seconded by Connors. Motion carried 7-0.
Bee Branch Floodwall Pumping Station Auxiliary Power Project: City Manager
recommending acceptance of the Bee Branch Floodwall Pumping Station Auxiliary Power
Project, as completed by A&G Electric, in the final contract amount of $338,758. Upon motion
the documents were received and filed and Resolution No. 289-09 Accepting the Bee Branch
Floodwall Pumping Station Auxiliary Power Project was adopted.
RESOLUTION NO. 289-09
ACCEPTING THE BEE BRANCH FLOODWALL PUMPING STATION AUXILIARY POWER
PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract for the Bee Branch Floodwall Pumping Station
Auxiliary Power Project (the Project) has been completed and the City Engineer has examined
the work and filed a certificate stating that the Project has been completed according to the
terms of the Public Improvement Contract and that the City Engineer recommends that the
Project be accepted.
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 General
Fund (DRA Gaming) appropriation for the contract amount of $338,758.00 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.
Passed, approved and adopted this 17th day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Letter of Support: City Manager submitting a letter of support for Interstate Power and Light
Company’s effort to obtain partial funding from the American Recovery and Reinvestment Act
for its Smart Grid initiatives. Upon motion the document was received and filed.
Mediacom: Communication from Mediacom advising of a rate increase for Mediacom Online
effective on or about September 7, 2009. Upon motion the document was received and filed.
Wartburg Place – Conceptual Development Plan: Zoning Advisory Commission advising
that the proposed changes to the adopted conceptual development plan for the 300 block of
Wartburg Place do not represent a significant change. Upon motion the documents were
received and filed.
Brownfield/Grayfield Redevelopment Tax Credit Application – 40 Main, LLC: City Manager
recommending approval for the City of Dubuque to sponsor a Brownfield/Grayfield
Redevelopment Tax Credit Application to the Iowa Department of Economic Development on
behalf of 40 Main, LLC. Upon motion the documents were received and filed and Resolution
No. 290-09 Approving a Brownfield/Grayfield Redevelopment Tax Credit Application to the
Iowa Department of Economic Development on behalf of 40 Main, LLC, was adopted.
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RESOLUTION NO. 290-09
APPROVING A BROWNFIELD/GRAYFIELD REDEVELOPMENT TAX CREDIT
APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, ON
BEHALF OF 40 MAIN, LLC.
Whereas, the State of Iowa has established a Brownfield/Grayfield Tax Credit Program to
assist in the redevelopment of Iowa brownfields and grayfields; and
Whereas, the 40 Main building is located on a previous Brownfield site; and
Whereas, the 40 Main project will provide much needed residential development to the
downtown area; and
Whereas, the City Council finds that the proposed application 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. The City of Dubuque agrees to sponsor the Brownfield/Grayfield Redevelopment
Tax Credit Application on behalf of 40 Main, LLC.
Section 2. That the Mayor is hereby authorized and directed to execute this Resolution on
behalf of the City of Dubuque and forward the executed copy to the Iowa Department of
Economic Development.
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Passed, approved and adopted this 17 day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Workers’ Compensation Settlement: City Manager recommending approval of the workers’
compensation settlement with Bret Stierman and authorization to make payment to Mr.
Stierman in the amount of $35,592.60. Upon motion the documents were received, filed, and
approved.
Amendment to Collective Bargaining Agreement: City Manager recommending approval of
an amendment to the collective bargaining agreement between the City of Dubuque and the
International Union of Operating Engineers to provide for a work week that consists of ten
hours per day and four days per week for full-time Public Safety Dispatchers. Upon motion the
documents were received, filed, and approved.
Office of the City Assessor: Communication from Richard A. Engelken, City Assessor,
advising that a Notice of Appeal and Petition form has been filed with the Property Assessment
Appeal Board for property located at 435 Kennedy Road. Upon motion the document was
received and filed.
Comprehensive Recycling Planning Task Force: Communication from Governor Chester J.
Culver and Lt. Governor Patty Judge appointing Resource Management Coordinator Paul
Schultz to the Comprehensive Recycling Planning Task Force. Upon motion the document
was received and filed.
University of Dubuque Fireworks Display: Communication from Jeffrey F. Bullock, President
– University of Dubuque, requesting permission to display fireworks on Saturday, September
12, 2009. Upon motion the document was received, filed and approved.
Signed Contracts: Google Products and Services and Eco Smart Building, PC. Motion by
Voetberg to receive and file the documents. Seconded by Jones. Motion carried 7-0.
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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. 291-09 Granting the issuance of a Class “B” Beer Permit to Riverfest Festival and a Class
“C” Beer Permit to Dubuque Quick Stop Mart; Resolution No. 292-09 Granting the issuance of
a Class “C” Beer/Liquor License to Lucky 13 Tap, Mississippi River Museum and Chances R;
and Resolution No. 293-09 Granting the issuance of one new license to sell cigarettes and
cigarette papers to Dubuque Quick Stop Mart were adopted.
RESOLUTION NO. 291-09
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
Riverfest, Inc. Riverfest Festival +(Sunday Sale) Town Clock Plaza
CLASS “C” BEER PERMIT
Dubuque Quick Stop Mart Inc. Dubuque Quick Stop Mart 1401 Central Avenue
+(Sunday Sale)
Passed, approved and adopted this 17th day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 292-09
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
David Erickson Lucky 13 Tap+(Sunday Sales) 385 E. 13 th Street
Dubuque County Historical Mississippi River Museum 350 Bell Street
Society +(Sunday/Outdoor Sale)
Donavon, Inc. Chances R+(Sunday/Outdoor Sale) 1046 Central Avenue
Passed, approved and adopted this 17th day of August, 2009
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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RESOLUTION NO. 293-09
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
Dubuque Quick Stop Mart Inc. Dubuque Quick Stop Mart 1401 Central Avenue
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Passed, approved and adopted this 17 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 Braig. Motion carried 7-0.
2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project: City Manager recommending
initiation of the bidding process for the 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project
and further recommends that a public hearing be set for September 8, 2009. Upon motion the
documents were received and filed and Resolution No. 294-09 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 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project 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. 294-09
2009 SEWER CIPP LINING 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 2009 Sewer
CIPP Lining Project, in the estimated amount $182,716.60, 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 8 day of September, 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.
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The 2009 Sewer CIPP Lining 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
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before 2:00 p.m. on the 10 day of September, 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
st
the 21 day of September, 2009, in the Historic Federal Building Council Chambers (second
th
floor), 350 West 6 Street, Dubuque, Iowa.
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Passed, adopted and approved this 17 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:
Airport Commission: Two 4-year terms through September 14, 2013 (Terms of Brotherton
and Santillo). Applicants: Douglas Brotherton, 2823 Hickory Hill Street, and Michael Santillo,
2929 Kristen Court. Mr. Brotherton and Mr. Santillo spoke in support of their appointment.
Housing Trust Fund Advisory Committee: One 3-years term through September 8, 2012 (At-
Large term of Hingtgen). Applicant: Doris Hingtgen, 309 Hill Street. Ms. Hingtgen spoke in
support of her appointment.
Appointments to the following Boards/Commission:
Housing Commission: Three 3-year term 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. Motion by Braig to appoint Dorothy
Culbertson, Jim Holz, and David Kapler to the Housing Commission for 3-year terms through
August 17, 2012. Seconded by Connors. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
University of Dubuque – Amendment to ID Institutional District: Proof of publication on
notice of public hearing to consider a request from James Steiner, University of Dubuque, to
amend the University of Dubuque ID Institutional District boundary by adding existing
residential properties.
Communication from Julie Kay Schwendinger, 1845 Bennett Street, regarding the proposed
rezoning.
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.
Responding to questions from the City Council, Jim Steiner of the University of Dubuque, 2000
University Avenue, spoke in favor of including the 32 parcels. Steiner stated that the University
12
owns the parcels and parking issues have been addressed with the City, which includes 1,000
parking spaces within the campus for student parking. Dan McDonald of the Greater Dubuque
Development Corporation, 300 Main Street, spoke in favor of the proposed amendment.
Planning Services Manager Laura Carstens provided a staff report.
Motion by Connors for final consideration and passage of Ordinance No. 41-09 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending
the Institutional District boundaries for the University of Dubuque by rezoning the subject
properties from R-1 Single-Family Residential District to ID Institutional District. Seconded by
Jones. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 41-09
AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE
OF ORDINANCES BY AMENDING THE INSTITUTIONAL DISTRICT BOUNDARIES FOR
THE UNIVERSITY OF DUBUQUE BY REZONING THE SUBJECT PROPERTIES FROM R-1
SINGLE-FAMILY RESIDENTIAL DISTRICT TO ID INSTITUTIONAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances be amended by rezoning the subject parcels from R-1 Single-Family Residential
District to ID Institutional District for property legally described to wit:.
Lot 3 Bennett Street Subdivision, Lot 4, Bennett Street Subdivision, Lot 5 Bennett Street
Subdivision, Lot 7, Bennett Street Subdivision, Lot 8 Bennett Street Subdivision, Lot 2-1-18
of Ann O’Hare’s Subdivision, Lot 18 Michel’s Subdivision, Lot 20 Quigley’s Subdivision, Lot
16 Michel’s Subdivision, Lot 2-19, Quigley’s Subdivision, Lot 1-19 Quigley’s Subdivision, Lot
6 Kuehnle Heights, Lot 8 & W 20’ of Lot 7 in Kuehnle Heights, E 30’ Lot 7 Kuehnle Heights,
Lot 1-65 Finley Waples & Burton’s Add, Lot 5 East Street Subdivision, Lot 1-8 & Lot 2-8
East Street Subdivision, Lot 5 Kuehnle Heights, Lot 4 East Street Subdivision, Lot 1-2-53
Finley Waples & Burton’s & Lot 1 Kampman’s Subdivision, Lot 2-2-53 Finley Waples &
Burton’s & Lot 2 Kampman’s Subdivision, Lot 5 Kampman’s Subdivision, Lot 1-53 Finley
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Waples & Burton’s Add, Lot 2 & Lot 2-1 both in Steffen’s Place & Lot 2 Steffen’s 2 Place,
Lots 1 & 2 of Subdivision of 1 of 2 of Mineral Lot 156 & Lot A-2-2 of Mineral Lot 156, and to
the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. Institutional District Regulations.
A. Use Regulations.
The following regulations shall apply to all uses made of land in the
above-described ID Institutional District:
1. Principal permitted uses shall be limited to:
a. Offices for administrative personnel or other institutional
employees and affiliates
b. Churches, libraries, and museums
c. Classrooms, laboratories, lecture halls, and similar places of
institutional assembly
d. Off-street parking and loading
e. Recreational or athletic facilities for the primary use and benefit of
institutional residents or affiliates
f. Single-family, two family or multi-family dwellings for the housing of
institutional residents or affiliates
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2. Accessory Uses. The following uses shall be permitted as accessory
uses in the above-described ID Institutional District:
a. Located entirely within a principal building, bookstores, or bars seating
not more than seventy-five (75) persons at one time and located not
closer than two hundred feet (200') from the nearest Residential or
Office Residential District.
b. All uses customarily incidental to the principal permitted uses in
conjunction with which such accessory uses operated or maintained,
but not to include commercial use outside the principal building.
3. No conditional uses shall be allowed.
B. Lot and Bulk Regulations.
Development of the subject parcels shall be in accordance with the provisions of
the ID Institutional District regulations.
C. Parking Requirements
The off-street parking requirements for the principal permitted uses for the herein
described ID Institutional District shall be regulated as follows:
1. Any significant expansion or reduction in the number of off-street parking
spaces must be reviewed by Planning Services staff for compliance with
the adopted Institutional District regulations.
D. Sign Regulations
The sign regulations shall be the same as those allowed in the ID Institutional
District as established in Section 4-3.11 of the Zoning Ordinance.
E. Additional Standards
That all previously approved conceptual development plans are still in
effect and are not modified as part of this Ordinance.
F. Transfer of Ownership
Transfer of ownership or lease of property in this ID Institutional 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.
G. Modifications
Any modification of this Ordinance must be approved by the City Council in
accordance with zoning reclassification proceedings of Section 6 of the Zoning
Ordinance.
H. 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 within
thirty (30) days of the adoption of this ordinance. This ordinance shall be
binding upon the undersigned and all his/her heirs, successors and
assignees.
Section 3. That the foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 4. That the foregoing amendment shall take effect upon publication, as provided by
law.
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Passed, approved, and adopted this 17 day of August, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
nd
Published officially in the Telegraph Herald Newspaper the 22 day of August, 2009.
14
/s/Jeanne F. Schneider, CMC, City Clerk
Eagle Point Water Plant Vacuum Filter Project: Proof of publication on notice of public
hearing to consider approval of the plans, specifications, form of contract and estimated cost
for the Eagle Point Water Plant Vacuum Filter Project and City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No. 295-
09 Approval of plans, specifications, form of contract, and estimated cost for the Eagle Point
Water Plant Vacuum Filter Project. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 295-09
VACUUM FILTER BUILDING BACK-UP POWER SUPPLY
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE EAGLE POINT WATER PLANT VACUUM FILTER BACK-UP POWER
SUPPLY 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 Eagle
Point Water Plant Vacuum Filter Building Back-up Power Supply, in the estimated amount of
$103,430 are hereby approved.
Passed, adopted and approved this 17th day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Miller Road Water Main Extension Project: Proof of publication on notice of public hearing to
consider approval of the plans, specifications, form of contract and estimated cost for the Miller
Road Water Main Extension Project and City Manager recommending approval. Motion by
Lynch to receive and file the documents and adopt Resolution No. 296-09 Approval of plans,
specifications, form of contract, and estimated cost for the Miller Road Water Main Extension
Project. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 296-09
MILLER ROAD WATER MAIN EXTENSION PROJECT
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE MILLER ROAD WATER MAIN EXTENSION 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 Miller
Road Water Main Extension, in the estimated amount of $170,855.90, are hereby approved.
Passed, adopted and approved this 17th day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Highway 151 / 61 South Water Main Extension Project: Proof of publication on notice of
public hearing to consider approval of the plans, specifications, form of contract and estimated
cost for the Highway 151 / 61 South Water Main Extension Project and City Manager
recommending approval. Motion by Voetberg to receive and file the documents and adopt
Resolution No. 297-09 Approval of plans, specifications, form of contract, and estimated cost
for the Highway 151 / 61 South Water Main Extension Project. Seconded by Resnick. Motion
carried 7-0.
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RESOLUTION NO. 297-09
HIGHWAY 61/151 WATER MAIN EXTENSION PROJECT
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE HIGHWAY 61/151 WATER MAIN EXTENSION 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 Highway
61/151 Water Main Extension, in the estimated amount of $200,000, are hereby approved.
Passed, adopted and approved this 17th day of August, 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 by Sgt. Lee Harlow André regarding the dog park. Mr.
Andre, 1175 Highland Place spoke in support of keeping the Grandview Avenue Dog Park
open as it requires a minimal operation cost and is enjoyed by hundreds of people. Motion by
Lynch to receive and file. Seconded by Connors. Motion carried 7-0.
Request to Address the City Council – Wehrspann: Two requests of Joan Wehrspann to
address the City Council regarding various issues. This item was withdrawn from the agenda.
Ordinance No. 7-09 – Correction to Legal Description: City Manager recommending
approval of a correction to the legal description in Ordinance 7-09 for property located at the
northeast corner of University and Nevada (Radio Dubuque). Motion by Connors to receive
and file the documents and that the requirement that a proposed ordinance be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be passed
be suspended. Seconded by Lynch. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 42-09 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located near the northeast corner of University
Avenue and Nevada Street from R-2 Two-family Residential District to OS Office Service
District, with conditions, and rescinding Ordinance No. 7-09. Seconded by Lynch. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 42-09
AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE
OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED NEAR THE NORTHEAST CORNER OF UNIVERSITY AVENUE AND NEVADA
STREET FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO OS OFFICE SERVICE
DISTRICT, WITH CONDITIONS, AND RESCINDING ORDINANCE 7-09.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter-described property from R-2
Two-Family Residential District to OS Office Service District with conditions, and rescinding
16
Ordinance 7-09, to wit: Lot 1 of 1 of 1 of 1 of 1 of 1 of Slattery’s Subdivision, and to the
centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
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Passed, approved and adopted this 17 day of August, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2007), and as an express condition of rezoning of
the property described as:
Lot 1 of 1 of 1 of 1 of 1 of 1 of Slattery’s Subdivision, and to the
center line of the adjoining public right-of-way, all in the City of
Dubuque, Iowa.
which is the subject of Ordinance No. 42-09, a copy of which is attached hereto and
incorporated herein by reference, the undersigned property owners, agree to the following
conditions, all of which the property owner further agrees are reasonable and are imposed to
satisfy public needs which are caused directly by the rezoning:
A) Conditions
1) That the front yard setback along University Avenue be 20 feet.
2) That no vehicle access is permitted to University Avenue.
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning
reclassification proceedings to the R-2 Two-Family Residential District (which rezoning will
include the removal of the performance standards in Section A above) if the property owner
fails to complete any of the conditions or provisions of this Agreement.
C) Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Zoning Ordinance governing
zoning reclassifications. All such modifications must be approved by the City Council of
Dubuque, Iowa.
D) Recording. A copy of this Agreement shall be recorded with the Dubuque County
Recorder as a permanent record of the conditions accepted as part of this rezoning approval
within ten (10) days of the adoption of Ordinance No. 42-09.
E) Construction. This Agreement shall be construed and interpreted as though it were part
of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning
Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and
assignees.
Acceptance of Ordinance No. 42-09
I, Tom Parsley, representing Radio Dubuque, Inc., property owner, having read the terms
and conditions of the foregoing Ordinance No. 42 - 09 and being familiar with the conditions
thereof, hereby accept this same and agree to the conditions required therein.
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Dated in Dubuque, Iowa this 17 day of August, 2009.
/s/Tom Parsley
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Acceptance of Ordinance No. 42-09
I, Dwayne Thoman, representing Nativity parish, property owner, having read the terms and
conditions of the foregoing Ordinance No. 42-09 and being familiar with the conditions thereof,
hereby accept this same and agree to the conditions required therein.
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Dated in Dubuque, Iowa this 17 day of August. 2009.
/s/Dwayne Thoman
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Published officially in the Telegraph Herald Newspaper the 18 day of September, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
Usage Agreement with Stone Cliff Winery: City Manager recommending approval of a
usage agreement for a section of the Alliant Amphitheater to have weekly outdoor movies and
jam sessions. Motion by Jones to receive and file the documents and approve the
recommendation. Seconded by Jones. Responding to questions by City Council, Leisure
Services Manager Gil Spence stated that the agreement will allow Stone Cliff Winery to
reserve the space under the City’s regular 23-month reservation period with their primary
usage on Tuesdays and Thursdays with no weekend reservations at this time. Motion carried
7-0.
Agreement with the Dubuque Community School District: City Manager recommending
approval of an agreement with the Dubuque Community School District allowing the Dubuque
Building Trades On-Site Program (DBTOP) to renovate the Bridge Complex in Eagle Point
Park. Motion by Jones to receive and file the documents and approve the recommendation.
Seconded by Connors. Motion carried 7-0.
E.B. Lyons Nature Center Expansion Project: City Manager recommending award of the
public improvement contract for the E.B. Lyons Nature Center Expansion Project to Stumpf
Construction in the amount of $1,229,367. Motion by Jones to receive and file the documents
and adopt Resolution No. 298-09 Awarding public improvement contract for the E.B. Lyons
Nature Center Expansion Project. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 298-09
AWARDING CONTRACT
WHEREAS, sealed proposals have been submitted by contractors for the E.B. Lyons Nature
Center Expansion Project pursuant to Resolution No. 231-09, 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 6th day of August, 2009,
and it has been determined that the bid of Stumpf Construction in the amount of $1,229,367
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 Stumpf 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 17th day of August, 2009.
Roy D. Buol, Mayor
18
Attest: Jeanne F. Schneider, City Clerk
Iowa Jobs (I-JOBS) Application – Lower Bee Branch Creek Restoration Project: City
Manager recommending approval to submit an application for I-JOBS funding in the amount of
$7,000,000 for the Lower Bee Branch Creek Restoration Project. Motion by Connors to receive
and file the documents and adopt Resolution No. 299-09 Authorizing the submittal of an
application to the State of Iowa I-JOBS Grant Program for funding of the Lower Bee Branch
Creek Restoration Project. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 299-09
AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE STATE OF IOWA I-JOBS
GRANT PROGRAM FOR FUNDING OF THE LOWER BEE BRANCH CREEK
RESTORATION PROJECT
Whereas, in 1999 and again in 2002 and 2004, heavy rains produced flood damage
spurring a Presidential Disaster Declarations for Dubuque County, and
Whereas, the Lower Bee Branch Creek Restoration Project has been identified as one of a
series of projects to provide relief from property damage due to flooding to 1,150 residents in
the City of Dubuque, and
Whereas, the City of Dubuque has expended $5,100,000 constructing the Carter Road
nd
detention Basin and the W. 32 Street Detention Basin to mitigate flood damage, and
Whereas, the Lower Bee Branch Creek Restoration Project is required to provide further
protection from property damage due to flooding,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Manager or his designee is hereby authorized to submit an application for I-
JOBS grant funding for the Lower Bee Branch Creek Restoration Project.
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Passed, approved and adopted this 17 day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
1695 Garfield Retaining Wall Repair Project: City Manager recommending award of the
public improvement contract for the 1695 Garfield Retaining Wall Repair Project to Top Grade
Excavating in the amount of $48,603.49. Motion by Lynch to receive and file the documents
and adopt Resolution No. 300-09 Awarding public improvement contract for the 1695 Garfield
Retaining Wall Project. Seconded by Voetberg. Motion carried 7-0.
RESOLUTION NO. 300-09
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 1695 GARFIELD AVENUE
RETAINING WALL REPAIR PROJECT
Whereas, sealed proposals have been submitted by contractors for the 1695 Garfield
Avenue Retaining Wall Repair Project (the Project) pursuant to Resolution No. 251-09 and
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Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 24
day of July, 2009.
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Whereas, said sealed proposals were opened and read on the 6 day of August, 2009 and
it has been determined that Top Grade Excavating of Epworth, Iowa, with a bid in the amount
of $48,603.49, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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That a Public Improvement Contract for the Project is hereby awarded to Top Grade
Excavating 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 17 day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Historic Shot Tower Rehabilitation Project: City Manager recommending that all the
competitive bid proposals received for the Historic Shot Tower Rehabilitation Project be
rejected. Motion by Connors receive and file the documents and adopt Resolution No. 301-09
Rejecting all competitive bid proposals received for the Historic Shot Tower Rehabilitation
Project – Phase I. Seconded by Voetberg. Motion carried 7-0.
RESOLUTION NO. 301-09
REJECTING ALL COMPETITIVE BID PROPOSALS RECEIVED FOR THE HISTORIC SHOT
TOWER REHABILITATION PROJECT - PHASE I
Whereas, competitive sealed bid proposals have been submitted by contractors for the
Historic Shot Tower Rehabilitation Project – Phase I (the Project) pursuant to Resolution No.
252-09 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa
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on the 24 day of July, 2009; and
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Whereas, said competitive sealed bid proposals were opened and read on the 12 day of
August, 2009; and
Whereas, the City Council has deemed it advisable to reject all competitive sealed bid
proposals the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. All of the competitive sealed bid proposals for the Historic Shot Tower
Rehabilitation Project - Phase I are hereby rejected.
Section 2. The City Clerk is authorized and instructed to return the bid deposits of the
unsuccessful bidders for Historic Shot Tower Rehabilitation Project - Phase I.
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Passed, approved and adopted this 17 day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Code of Ordinances: City Manager recommending that the City of Dubuque Code of
Ordinances be re-adopted in its entirety. 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. 43-09 Readopting
the codification of all ordinances of the City of Dubuque, Iowa, of a general or public nature or
imposing a fine or penalty including codes and maps adopted by reference, as the official
Code of the City of Dubuque, Iowa, as provided for and pursuant to Chapter 380 of the Iowa
Code; providing for the title and citation of the Code; repealing all ordinances and parts of
ordinances of a general or public nature or imposing a fine or penalty, passed on or prior to
May 4, 2009, except those not contained in said code or recognized and continued in force by
reference therein; providing penalties for the violation of the several sections thereof; and
prescribing the time when this ordinance shall be in full force and effect. Seconded by Lynch.
Motion carried 7-0.
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OFFICIAL PUBLICATION
ORDINANCE 43-09
READOPTING THE CODIFICATION OF ALL ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY
INCLUDING CODES AND MAPS ADOPTED BY REFERENCE, AS THE OFFICIAL CODE
OF THE CITY OF DUBUQUE, IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER
380 OF THE IOWA CODE; PROVIDING FOR THE TITLE AND CITATION OF THE CODE;
REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES OF A GENERAL OR
PUBLIC NATURE OR IMPOSING A FINE OR PENALTY, PASSED ON OR PRIOR TO MAY
4, 2009, EXCEPT THOSE NOT CONTAINED IN SAID CODE OR RECOGNIZED AND
CONTINUED IN FORCE BY REFERENCE THEREIN; PROVIDING PENALTIES FOR THE
VIOLATION OF THE SEVERAL SECTIONS THEREOF; AND PRESCRIBING THE TIME
WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT
Whereas, pursuant to Ordinance No. 3-07, adopted January 17, 2007, the City Council of
the City of Dubuque, Iowa, readopted the City of Dubuque Code of Ordinances, with an
effective date of January 22, 2007, as provided in Section 380.8 of the Iowa Code; and
Whereas, the City Council has determined that the Code of Ordinances should be re-
adopted, as edited and compiled, as provided in Section 380.8 of the Iowa Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Code of Ordinances Readopted. That the proposed Code of Ordinances of the
City of Dubuque, Iowa printed by Sterling Codifiers, Inc., Coeur d'Alene, Idaho, heretofore filed
in the Office of the City Clerk of the City of Dubuque, Iowa, consisting of Titles 1 through 16,
and Appendix A, and including references to codes adopted by reference, a printed copy of
which is attached hereto and incorporated herein by reference the same as if set out herein, is
hereby adopted as the "Code of Ordinances, City of Dubuque, Iowa".
Section 2. Ordinances Repealed. That all ordinances of the City of Dubuque, Iowa, of a
general and permanent nature, enacted before May 4, 2009, and not contained in the Code of
Ordinances or recognized and continued in force by reference therein are hereby repealed
from and after the effective date of the Code of Ordinances, except as hereinafter provided.
Section 3. Effect of Repeal; Ordinances Saved. That the repeal provided for in Section 2
hereof shall not affect any of the following:
(a) Any offense or act committed or any penalty or forfeiture incurred or any contract
or right established or accruing before the effective date of the Code of
Ordinances;
(b) Any ordinance promising or guaranteeing the payment of money to or from the
City, or authorizing the issuance of any bonds or other evidence of indebtedness;
(c) Any appropriation or budget ordinance;
(d) Any ordinance establishing the compensation of any City officer or employee;
(e) Any contract or obligation assumed by the City;
(f) Any ordinance relating to the purchase, condemnation, acquisition or dedication
of property for public use;
(g) Any ordinance dedicating, establishing, opening, reopening, naming, renaming,
widening, narrowing or vacating any street, boulevard, avenue, alley or other
public way, including rights-of-way;
(h) Any ordinance, establishing or changing the grade of any street, avenue,
boulevard, traffic way or other public way;
(i) Any ordinance authorizing, directing or otherwise relating to any public
improvements;
21
(j) Any ordinance establishing or changing the limits of the City or pertaining to
consolidations, annexations or exclusions;
(k) Any ordinance levying general or special taxes or special assessments;
(l) Any ordinance granting pensions for retired officers and employees;
(m) Any ordinance granting any right, privilege, easement or franchise to any person,
firm or corporation;
(n) Any zoning ordinance, or amendment of the City's zoning map;
(o) Any ordinance prescribing traffic regulations for specific streets or areas, such as
ordinances designating one-way streets, arterial highways, through streets, stop
intersections or intersections where traffic is to be controlled by signals, and
ordinances prohibiting restriction, limiting or otherwise regulating the stopping,
standing or parking of vehicles on specific streets or in specific areas;
(p) Any ordinance establishing rates and charges for, or fees for connection to any
utility service, not inconsistent with this Code;
(q) Any ordinance which, by its own terms, expires after a specified time, or on the
prescribed date;
(r) The appointment of any board or commission member serving on the date of this
Ordinance.
The above enumeration of exceptions shall not be held or deemed to be exclusive, it being
the purpose and intention of this Ordinance to exclude from repeal any and all ordinances not
of a general nature.
Section 4. Severability of Provisions. That each Title, and any and all Chapters of the Code
of Ordinances hereby readopted, is independent of every other Title and Chapter thereof, and
the invalidity of any other Title or Chapter thereof, shall not invalidate any other Title or
Chapter thereof.
Section 5. Official Copy. That the City Clerk shall attach to the official copy of the Code of
Ordinances hereby readopted and attached hereto, the City Clerk's official certificate showing
re-adoption and the effective date thereof, and shall retain the said copy and certificate on file
in this office where copies of the same shall be subject to public inspection and for sale to the
public.
Section 6. Amendments. That any additions or amendments to the Code of Ordinances
when passed as ordinances amending the Code of Ordinances and which indicate the
intention of the Council to make the same a part hereof shall be deemed to be incorporated in
the Code of Ordinances so that a reference to the Code of Ordinances, City of Dubuque, Iowa,
shall be understood to include them.
Section 7. General Penalty. That the doing of any act prohibited or declared to be unlawful
or an offense by the Code of Ordinances, or the commission or failure to perform any act or
duty required by the Code of Ordinances, shall be subject to the penalty prvided or authorized
by the Code of Ordinances. The penalty herein provided for shall be cumulative with and in
addition to the revocation, cancellation or forfeiture of any license or permit elsewhere in the
Code of Ordinances provided for violation thereof or for civil penalties or violations of municipal
ordinances.
Section 8. Effective date. That this Ordinance consisting of Sections 1 through 8, inclusive,
readopting the proposed Code of Ordinances of the City of Dubuque, Iowa, heretofore filed in
the Office of the City Clerk of the City of Dubuque, Iowa, consisting of Titles 1 through 16 and
Appendix A, and including codes adopted by reference and all Chapters, of the same, the
same being designated as the "Code of Ordinances, City of Dubuque, Iowa", is in full force and
effect from and after the passage and publication of this Ordinance, according to law, and the
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"Code of Ordinances, City of Dubuque, Iowa", shall be in full force and effect from and after the
publication of this Ordinance.
th
Passed, approved and adopted this 17 day of August, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
nd
Published officially in the Telegraph Herald Newspaper the 22 day of August, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
IDED – City of Dubuque Agreement for IBM: City Manager recommending approval of an
Agreement between the Iowa Department of Economic Development (IDED) and the City of
Dubuque. Motion by Connors to receive and file the documents and adopt Resolution No. 302-
09 Approving an Agreement between the Iowa Department of Economic Development and the
City of Dubuque. Seconded by Lynch. Motion carried 7-0
RESOLUTION NO. 302-09
APPROVING AN AGREEMENT BETWEEN THE IOWA DEPARTMENT OF ECONOMIC
DEVELOPMENT AND THE CITY OF DUBUQUE.
Whereas, the City of Dubuque has previously approved an Incentive Agreement with IBM;
and
Whereas, the City of Dubuque has submitted an application to the Iowa Department of
Economic Development for PIAP funding on behalf of IBM; and
Whereas, the Iowa Department of Economic Development has prepared and submitted for
City Council approval an agreement relating to IBM 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 Agreement 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.
th
Passed, approved and adopted this 17 day of August, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
COUNCIL MEMBER REPORTS
Jones reported that as a result of local media coverage, a contractor came forward to repair
a collapsed private retaining wall, which was reported on at a past City Council meeting.
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CLOSED SESSION
Motion by Jones to go into closed session 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 7:39 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 7:40 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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