2005 July Council Proceedings
Regular Session, July 5, 2005
267
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, Tuesday, July
5,2005
Council met in Regular Session at 6:30 P.M.,
Library Auditorium
Present: Mayor Duggan, Council
Buol, Cline, Connors, Markham,
Nicholson, City Manager Van
Corporation Counsel Lindahl
Members
Michalski,
Milligen,
Mayor Duggan read the call and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properly come before the Council.
Invocation was given by Reverend Nick March,
Associate Pastor of Resurrection Church.
Proclamation: United Way Campaign Time
(August 3 - October 31, 2005) received by
Mike Donahue
CONSENT ITEMS
Minutes and Reports Submitted: Airport
Commission of 6/20; Cable TV Regulatory
Commission of 6/28; City Council of 6/20 and
6/27, presented and read. Buol moved that the
minutes be received and filed. Seconded by
Nicholson. Motion carried 7-0.
Proofs of publication of City Council
Proceedings of June 6 and 13, 2005, presented
and read. Buol moved that the proofs be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
Notice of Claims/Suits: Patricia A. Ruden for
personal injury, presented and read. Buol
moved that the claim be received and filed and
referred to Legal for investigation. Seconded by
Nicholson. Motion carried 7-0.
Corporation Counsel recommending denial of
the claims of Lynn Lang for vehicle damage;
Jeffrey W. Robbins for property damage; and Jill
Seymour for property damage, presented and
read. Buol moved that the communication be
received and filed and concurred. Seconded by
Nicholson. Motion carried 7-0.
Human Rights Commission: Communication
from Gary McAlpin advising that he is resigning
from the Human Rights Commission, presented
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
Long Range Planning Commission:
Communication from Michael E. Portzen
advising that he will not be applying for
reappointment to the Long Range Planning
Commission, presented and read. Buol moved
that the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
Citizen Communication: Communication from
Robin Kennicker regarding Olympic Heights and
the proposed development in that area,
presented and read. Buol moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Nicholson. Motion carried 7-0.
Substance Abuse Policy: City Manager
recommending approval of the City's Substance
Abuse Policy as a part of the City's drug and
alcohol testing and substance abuse prevention
program, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Grant Agreement - Four Mounds Foundation:
City Manager recommending approval of the
grant agreement with the Four Mounds
Foundation to provide the Day Camp Program
as part of the summer Uptown Recreation
Program, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Consulting and Actuarial Services Agreement:
City Manager recommending approval of the
Amendment to the Administrative Services
Agreement with Gallagher Benefit Services for
benefit consulting and actuarial services through
June 30, 2007, presented and read. Buol moved
that the communication be received and filed
and approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Clarke College Construction Agreement: City
Manager recommending approval of
improvements to the student and pedestrian
crossing corridor on Clarke Drive between the
Atrium building and the Kehl Center with Clarke
College being responsible for construction costs
and taking responsibility for extraordinary snow
removal and maintenance costs, presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 7-0.
268
Regular Session, July 5, 2005
Community Development Block Grant
Agreement: City Manager recommending
approval of a Community Development Block
Grant (CDBG) Agreement with the U.S.
Department of Housing and Urban Development
in the amount of $1,398,731 for the program
year beginning July 1, 2005, presented and
read. Buol moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 291-05
RESOLUTION AUTHORIZING EXECUTION OF
A COMMUNITY DEVELOPMENT BLOCK
GRANT AGREEMENT WITH THE U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
Whereas, under provisions of Title I of Housing
and Community Development Act of 1974, as
amended, the City of Dubuque prepared and
submitted an Annual Action Plan for a
Community Development Block Grant; and
Whereas, the submission has been approved
by the U.S. Department of Housing and Urban
Development in the amount of $1,398,731 for a
twelve month program year commencing July 1,
2005 and ending June 30, 2006; and
Whereas, a grant agreement covering the
activities proposed to be carried out with the
Community Development Block Grant funds 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 Funding Approval /
Agreement, authorized by the U.S. Department
of Housing and Urban Development on July 1,
2005 for a Community Development Block Grant
to the City of Dubuque in the amount of
$1,398,731 and identified as Grant Number B-
05-MC-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 Agreement on behalf of
the City of Dubuque, Iowa;
Passed, approved and adopted this 5th day of
July 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Contract for Ride-Along Training: City
Manager recommending approval of a contract
with Northeast Iowa Community College for the
Fire Department to provide preceptorships for
students in the college's EMS training programs,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
City of Dubuque I Dubuque Community School
District Lease Agreement: City Manager
recommending approval of a lease between the
City of Dubuque and the Dubuque Community
School District for rental of the former Kephart's
Music Center for the temporary relocation of
Engineering staff during the City Hall third floor
structural repairs, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Nicholson. Motion carried 7-0.
Phase V Architectural I Historical Survey /
Evaluation: Historic Preservation Commission
submitting the Phase V Architectural/Historic
Survey/Evaluation final report, presented and
read. Buol moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
Dubuque Industrial Center West Third Addition
- Final Plat: Zoning Advisory Commission
recommending approval of the final plat of the
Dubuque Industrial Center West Third Addition,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 292-05
A RESOLUTION APPROVING THE FINAL
PLAT OF LOTS 1 THRU 4, AND LOTS A, B,
AND C OF DUBUQUE INDUSTRIAL CENTER
WEST 3RD ADDITION IN THE CITY OF
DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk the Final Plat of Lots 1 thru 4, and Lots A,
B, and C of Dubuque Industrial West 3rd Addition
in the City of Dubuque; and
Whereas, upon said Final Plat appears a
street to be known as Synergy Court (Lot A),
together with certain public utility and sanitary
sewer easements which the owners by said
Final Plat have dedicated to the public forever;
and
Whereas, said Final Plat has been reviewed
by the Zoning Advisory Commission and had
their approval endorsed thereon; and
Whereas, said Final Plat has been examined
by the City Council and they find that it conforms
to the statutes and ordinances relating to it,
except that no streets or public utilities have yet
been constructed or installed, and that a
preliminary plat has not been submitted.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 42-14(d)(2) of the City
of Dubuque Subdivision Regulations requiring
Regular Session, July 5, 2005
269
the submittal of a preliminary plat is hereby
waived.
Section 2. That the dedication of Synergy
Court (Lot A) together with easements for public
utilities and sanitary sewer as they appear upon
said Final Plat be and the same are hereby
accepted.
Section 3. That the Final Plat of Lots 1 thru 4,
and Lots A, B, and C of Dubuque Industrial
Center West 3rd Addition is hereby approved
and the Mayor and City Clerk are hereby
authorized and directed to endorse the approval
of the City of Dubuque, Iowa upon said Final
Plat.
Section 4. Sidewalk installation shall be the
responsibility of the owner of the property
abutting the public right-of-way, including lots
with multiple frontages, as required by City Code
41-161 through 41-164. The responsibility shall
extend to all successors, heirs and assignees.
Sidewalk installation will not be required until the
development of the lot has been completed
except as required herein. Sidewalks shall be
five (5) feet in width and installed one (1) foot
from the property line. All vacant lots shall have
sidewalks installed upon development of eighty
percent (80%) of the developable lots approved
by the Final Plat.
Section 5. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer that all public
improvements have been completed in
accordance with the improvement plans and City
standard specifications.
Passed, approved and adopted this 5th day of
July 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Asbury Road Widening: City Manager
recommending acceptance of the Widening of
Asbury Road at the Northwest Arterial Project
and approving the final contract in the amended
amount of $68,045.60, which includes $4,500
incentive compensation to Portzen Construction,
Inc., presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 293-05
AMENDING RESOLUTION NO. 239-05
ACCEPTING THE WIDENING OF ASBURY
ROAD AT THE NORTHWEST ARTERIAL
ROAD PROJECT AND APPROVING THE
FINAL CONTRACT AMOUNT
Whereas, the contract for the Widening of
Asbury Road at the Northwest Arterial Road
Project (the Project) has been completed and
the City Manager has examined the work and
filed a certificate stating that the Project has
been completed according to the terms of the
contract and the plans and specifications and
the City Manager has recommended 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
Manager is approved and the Project is hereby
accepted and the final contract amount of
$68,045.60 is hereby approved.
Section 2. The City Treasurer is hereby
directed to pay to the contractor from the Fiscal
Year 2005 Street Construction Fund the contract
amount of $68,045.60 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 5th day of
July, 2005. '
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
City of Sageville - Voluntary Annexation:
Notice from the City Development Board that the
hearing on the City of Sageville's voluntary
annexation will be at 10:00 a.m. on July 13,
2005, presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
Cultural and Entertainment District: Commu-
nication to Anita Walker of the Iowa Department
of Cultural Affairs urging her support to allow
current historic preservation projects located in
Dubuque's Cultural and Entertainment District to
be eligible for the $4 million in state historic tax
credits designated for CED properties,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
City Manager Employment Agreement:
Submittal of the Fourteenth Amendment to the
City Manager's Employment Agreement for
approval, presented and read. Buol moved that
the communication be received and filed and
approved agreement. Seconded by Nicholson.
Motion carried 7-0.
Lease Agreement - Dubuque Yacht Basin:
City Manager recommending approval of a new
lease between the City and Dubuque Yacht
Basin for placement of a sign for Catfish
Charlie's Restaurant, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Nicholson. Motion carried 7-0.
270
Regular Session, July 5, 2005
Ecumenical Towers: Communication / petition
from Sr. Mary Patricia Conlon, Administrator of
Ecumenical Towers, regarding concerns with the
traffic patterns on Sixth Street and City Manager
submitting information regarding the
communication / petition from Sr. Mary Patricia
Conlon, Administrator of Ecumenical Towers,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
Superfine, Inc. / Jackson Films, Inc.: City
Manager recommending approval of a request
from Superfine, Inc. / Jackson Films, Inc. to film
a documentary on City-owned property,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 294-05
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.
8 RENEWALS
Arby's/Phillips 66
Liberty Station LLC
10 Main St
Bootleggers Pub
1689 Elm
Liz Metcalf
1200 Cedar Cross
Hammerhead Bar/Billiards Hammerheads, Inc
2095 Kerper Bid
Hy-Vee Inc.
3500 Dodge St
David H. Erickson
385 E. 13th St
Pam Murphy
55 Locust St
K-Chap Foods Inc.
1050 University Av
Passed, approved and adopted this 5th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Bootlegger's Pub
Cedar Cross Amoco
Hy-Vee Wine & Spirits
Lucky 13
Murph's Southend Tap
Oky Doky Food # 14
RESOLUTION NO. 295-05
Whereas, applications for Beer Permits 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 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
Legionaires Drum & Bugle Corp Colts Center+
(Sunday Sale) 1101 Central Ave
CLASS "B" BEER (5 - DAY SPECIAL EVENT)
Dubuque Jaycees Dubuque Jaycees - Tent A
Town Clock Plaza
Dubuque Jaycees Dubuque Jaycees - Tent B
Town Clock Plaza
Dubuque Jaycees Dubuque Jaycees - Tent C
Town Clock Plaza
Dubuque Area Labor Mg. Council Dubuque
Area Labor - Tent C Town Clock Plaza
CLASS "CO BEER PERMIT
LB Metcalf Cedar Cross Amoco+
(Sunday Sale) 1200 Cedar Cross
K-Cap Foods, Inc Oky Doky # 14+
(Sunday Sale) 1050 University Av
Passed, approved and adopted this 5th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 296-05
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 "CO BEER/LIQUOR LICENSE
Craig Weiner Walnut Tap+
Sunday Sale) 709 University
Plastic Center, Inc Fischer Lanes+
(Sunday Sale) 880 Locust St
Curtis Gerhard Knicker's Saloon+
(Sunday Sale) 2186 Central Ave
Ethel Schwartz Airport Inn+
(Sunday Sale) 574 E. 16th St
Pamela Murphy Murph's Southend Tap
55 Locust St
Courtside, Inc Courtside Sports Bar+
(Sunday/Outdoor) 2096 Holiday Dr
CLASS "B" WINE
Regular Session, July 5, 2005
271
Mildred Dolter Basket Expressions
474 Bluff St
CLASS "C" LIQUOR ( 5 DAY SPECIAL EVENT)
Dubuque Area Labor Mg Council DBQ Area
Labor Mg Council-Tent A Town Clock Plaza
Dubuque Area Labor Mg Council DBQ Area
Labor Mg Council-Tent B Town Clock Plaza
Passed, approved and adopted this 5th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
The following item was removed from the
Agenda at the request of the applicant.
Finley Hospital - Request to Vacate: City
Manager recommending that a public hearing be
set for July 18, 2005 to consider a request from
John E. Knox, The Finley Hospital, and Richard
Hartig, Hartig USA Drug Stores, to vacate and
purchase a portion of North Grandview Avenue
and portions of adjacent alleys between Delhi
Street and University Avenue; Resolution of
intent to dispose of City interest in Lot 2 of
Grandview University Place, Lot 2 of 1 of Rigi
Subdivision No.2, and Lot A and Lot B of
Loetscher and Truebs Subdivision in the City of
Dubuque, Dubuque County, Iowa; Resolution of
intent to vacate and dispose of City Interest in
Lots C and D of Loetscher and Truebs
Subdivision in the City of Dubuque, Dubuque
County, Iowa.
Rosedale Avenue Reconstruction Project: City
Manager recommending initiation of the bidding
process for the Rosedale Avenue Recon-
struction Project and that a public hearing be set
for August 1, 2005, presented and read.
Markham moved the communication be received
and filed. Seconded by Cline. Motion carried 7-
O.
RESOLUTION NO. 297-05
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOVV THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOVVA:
That the proposed plans, specifications, form
of contract and estimated cost for the Rosedale
Avenue Reconstruction Project in the estimated
amount of $2,008,966.55 are hereby approved
and ordered filed in the office of the City Clerk
for public inspection.
Passed, adopted and approved this 5th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 298-05
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
VVhereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Rosedale Avenue Reconstruction Project.
NOVV THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOVVA:
That a public hearing will be held on the 1 at
day of August, 2005, at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of 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 not less than four days nor more
than twenty days prior to the day, fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 5th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution
and set public hearing for 8/1/05 at 6:30 P.M. in
the public library auditorium and direct the City
Clerk to publish notice in the manner prescribed
by law. Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 299-05
RESOLUTION OF NECESSITY
VVhereas, proposed plans have been duly
prepared and approved by the City Council of
the City of Dubuque and are now on file in the
office of City Clerk showing among other things
the plans, specifications, form of contract,
estimated cost and preliminary plat and
schedule showing the amount proposed to be
assessed against each lot and the valuation of
each lot as filed by the City Council, for the
Rosedale Avenue Reconstruction Project.
NOVV THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Council deems it advisable and
necessary for the public welfare to make the
herein mentioned improvements, and unless
property owners at the time of the final
consideration of this proposed resolution have
on file with the City Clerk objections to the
272
Regular Session, July 5, 2005
Resolution of Necessity, they shall be deemed
to have waived all objections pertaining to the
regularity of the proceeding and the legality of
using the special assessment procedure.
Said improvements shall be constructed and
done in accordance with the plans and
specifications which have been approved by the
City Council and now on file with the City Clerk.
That the cost and expense of making such
improvement will be assessed partially or totally
against privately owned property lying with the
assessment limits, and in an amount not to
exceed that provided by law, and in proportion to
the special benefits conferred.
The portion of the cost which shall be borne by
the City will be paid from the Annual Street
Construction Program (Local Option Sales Tax);
Watermain Replacement Fund; Rosedale
Sanitary Sewer Improvements; RosedaleNVest
Locust Storm Sewer Improvements; FY2006
Fiber Optic Conduit - Paving Projects and
special assessment bonds may be issued in
anticipation of deferred payments of special
assessments when a contract has been
performed and accepted, and the proceeds
thereof used to pay the contractor.
The above resolution was introduced,
approved and ordered placed on file with the
City Clerk this 5th day of July, 2005.
Approved and placed on file for final action.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 300-05
FIXING DATE OF HEARING
ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City of
Dubuque, Iowa, has given its preliminary
approval on the proposed plans, specifications
and form of contract and placed same on file in
the office of the City Clerk for public inspection
for the Rosedale Avenue Reconstruction
Project; and
Whereas, the proposed Resolution of
Necessity for said improvement has been
introduced and is now on file in the City Clerk's
office for public inspection.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 1st day of August, 2005, a public
hearing will be held at 6:30 p.m. in the Public
Library Auditorium in the City of Dubuque at
which time the owners of property subject to
assessment for the proposed improvement or
any other person having an interest in the matter
may appear and be heard for or against the
making of the improvement, the boundaries of
the district, the cost, the assessment against any
lot, or the final adoption of a Resolution of
Necessity and the City Clerk be and is hereby
authorized and directed to cause a notice of 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 once each week for two consecutive
weeks, the first publication of which shall be not
less than ten days prior to the day fixed for its
consideration. Unless property owners at the
time of the final consideration of this proposed
resolution have on file with the City Clerk
objections to the Resolution of Necessity they
shall be deemed to have waived all objections
thereto.
Passed, adopted and approved this 5th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved the communication be
received and filed. Seconded by Cline. Motion
carried 7-0. '
RESOLUTION NO. 301-05
RESOLUTION APPROVING PRELIMINARY
SCHEDULE OF ASSESSMENTS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached sheets, Page 1 to Page 3
inclusive, are hereby determined to be the
schedule of proposed assessments for the
Rosedale Avenue Reconstruction Project and
the valuations set out herein are hereby
approved.
Passed, approved and adopted this 5th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved the communication be
received and filed. Seconded by Cline. Motion
carried 7-0.
Nowata Street Reconstruction Project: City
Manager recommending initiation of the bidding
process for the Nowata Street Reconstruction
Project and that a public hearing be set for
August 1, 2005, presented and read. Markham
moved the communication be received and filed.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 302-05
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
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 Nowata
Street Reconstruction Project in the estimated
amount of $460,360.67 are hereby approved
and ordered filed in the office of the City Clerk
for public inspection.
Regular Session, July 5, 2005
273
Passed, adopted and approved this 5th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 303-05
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Nowata Street Reconstruction Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 1 st
day of August, 2005, at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of 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 not less than four days nor more
than twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 5th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution
setting public hearing for 8/1/05 at a meeting to
commence at 6:30 P.M. in the public library
auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 304-05
RESOLUTION OF NECESSITY
Whereas, proposed plans have been duly
prepared and approved by the City Council of
the City of Dubuque and are now on file in the
office of City Clerk showing among other things
the plans, specifications, form of contract,
estimated cost and preliminary plat and
schedule showing the amount proposed to be
assessed against each lot and the valuation of
each lot as filed by the City Council, for the
Nowata Street Reconstruction Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Council deems it advisable and
necessary for the public welfare to make the
herein mentioned improvements, and unless
property owners at the time of the final
consideration of this proposed resolution have
on file with the City Clerk objections to the
Resolution of Necessity, they shall be deemed
to have waived all objections pertaining to the
regularity of the proceeding and the legality of
using the special assessment procedure.
Said improvements shall be constructed and
done in accordance with the plans and
specifications which have been approved by the
City Council and now on file with the City Clerk.
That the cost and expense of making such
improvement will be assessed partially or totally
against privately owned property lying with the
assessment limits, and in an amount not to
exceed that provided by law, and in proportion to
the special benefits conferred.
The portion of the cost which shall be borne by
the City will be paid from the Annual Street
Construction Program (Local Option Sales Tax);
Watermain Replacement Fund; Sanitary Sewer
Lining Program; Street Program Related
Sanitary Sewer Improvements; FY2006 Storm
Sewer Improvement Fund; FY2006 Fiber Optic
Conduit Paving Projects and special
assessment bonds may be issued in anticipation
of deferred payments of special assessments
when a contract has been performed and
accepted, and the proceeds thereof used to pay
the contractor.
The above resolution was introduced,
approved and ordered placed on file with the
City Clerk this 5th day of July, 2005.
Approved and placed on file for final action.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 305-05
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Nowata Street Reconstruction Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 1st
day of August, 2005, at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to be
274
Regular Session, July 5, 2005
published in a newspaper having general
circulation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more
than twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 5th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 306-05
RESOLUTION APPROVING PRELIMINARY
SCHEDULE OF ASSESSMENTS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached sheet(s), Page 1 to Page 1
inclusive, are hereby determined to be the
schedule of proposed assessments for the
Nowata Street Reconstruction Project and the
valuations set out herein are hereby approved.
Passed, approved and adopted this 5th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Synergy Court DICW - Street and Utilities
Construction Project:\ City Manager
recommending initiation of the bidding process
for the Synergy Court DICW - Street and
Utilities Construction Project and that a public
hearing be set for August 1, 2005, presented
and read. Markham moved the communication
be received and filed. Seconded by Cline.
Motion carried 7-0.
RESOLUTION NO. 307-05
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
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 Synergy
Court DICW - Street and Utilities Construction
Project in the estimated amount of $544,063.34
are hereby approved and ordered filed in the
office of the City Clerk for public inspection.
Passed, adopted and approved this 5th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 308-05
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Synergy Court DICW - Street and Utilities
Construction Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 1 sl
day of August, 2005, at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of 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 not less than four days nor more
than twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 5th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution
with said hearing to be held on 811105 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and direct the City Clerk to
publish notice in the manner prescribed by law.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 309-05
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Synergy Court DICW - Street and
Utilities Construction Project is hereby ordered
to be advertised for bids for construction.
BE IT FURTHER RESOLVED that 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 as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque. Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 26th day of July, 2005. Bids shall be opened
Regular Session, July 5, 2005
275
and read by the City Clerk at said time and will
be submitted to the Council for final action at
6:30 p.m. on the 1at day of August, 2005.
Passed, adopted and approved this 5th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Granger Creek Interceptor Sewer Extension
Connection Fee: City Manager recommending
that a public hearing be set for August 1, 2005 to
consider establishment of the Granger Creek
Interceptor Sewer Extension Connection Fee,
presented and read. Markham moved the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
RESOLUTION NO. 310-05
RESOLUTION PROVIDING FOR THE NOTICE
OF THE DATE, TIME AND PLACE OF A
PUBLIC HEARING ON AN ORDINANCE
ESTABLISHING A CONNECTION FEE FOR
THE GRANGER CREEK INTERCEPTOR
SEWER EXTENSION
Whereas, the City Council of the City of
Dubuque, Iowa, proposes to establish by
Ordinance after notice of a public hearing, the
schedule of connection fees for the Granger
Greek Interceptor Sewer Extension; and
Whereas, Iowa Code Section 384.38(3)
requires notice and a public hearing on such
Ordinance; and
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized
and directed to publish notice of the date, time,
and place of the hearing on said proposed
Ordinance, which hearing shall be on August 1,
2005, at 6:30 p.m. in the Public Library
Auditorium, 360 11th Street, in the City of
Dubuque, Iowa, such publication to be once
each week for two consecutive weeks in the
manner provided by Section 362.3, the first
publication of which shall not be less than ten
(10) days before the date of the hearing.
Section 2. The notice shall be in substantially
the following form:
Notice to Property Owners
Notice is given that there is now on file for
public inspection in the office of the City Clerk of
the City of Dubuque, City Hall, Dubuque, Iowa, a
proposed Ordinance establishing the Granger
Creek Interceptor Sewer Extension connection
fees.
The City Council will meet at 6:30 p.m. on
August 1, 2005, at the Public Library Auditorium,
360 West 11 th Street, in the City of Dubuque,
Iowa, at which time the owners of property
subject to connection fees for the Granger Creek
Interceptor Sewer Extension or any other person
having an interest in this matter may appear and
be heard for or against the establishment of the
District, or the schedule of connection fees. A
person subject to such connection fees will be
deemed to have waived all objections unless at
the time of hearing, the person has filed
objections with the City Clerk.
Section 3. Not less than fifteen (15) days
before the hearing, the City Clerk shall also send
a copy of the notice by mail to each property
owner whose property will be served by
connection to said City sewer and be subject to
the connection fees at the address as shown by
the records of the County Auditor.
Passed, adopted and approved this 5th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution
and set public hearing for 8/1/05 at a meeting to
commence at 6:30 P.M. in the public library
auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Cline. Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the following Boards 1
Commissions: Library Board of Trustees (Five
4-year terms through 7/1/09 - Felderman,
Shubatt, Smith, Strom, Tully) (Tabled from
6/20105 Meeting) Mayor Appointment
Applicants: Diann Guns, Beverly Kolz, Michael
Shubatt, Kristin Smith
Mayor Duggan appointed Diann Guns and
Beverly Kolz to the four year terms which will
expire 7/1/09 and direct that the terms of
Michael Shubatt and Kristin Smith be extended
for two years to 7/1/07.
Markham moved to concur with the Mayor's
appointments. Seconded by Connors. Motion
carried 7-0.
Mayor Duggan requested Council concurrence
on appointing Council Member Cline to fill the
remaining vacancy on the Library Board.
Michalski moved to table action on this
appointment to the next Council Meeting.
Seconded by Nicholson. Motion carried 4-3 with
Cline, Duggan and Markham voting nay.
Park and Recreation Commission (Three 3-
year terms through 6/30/08 - terms of
Blocklinger, Daykin and Schrobilgen)
Applicants: Tom Blocklinger, Evelyn Nadeau,
Matthew Lundh, Richard Vorwald, Kim Daykin
Vote on the appointments was as follows: Buol
voted for Blocklinger, Nadeau and Daykin. Cline
voted for Blocklinger, Nadeau and Daykin.
Connors voted for Blocklinger, Nadeau and
Daykin. Duggan voted for Blocklinger and
Daykin. Markham voted for Blocklinger, Nadeau
276
Regular Session, July 5, 2005
and Daykin. Michalski voted for Nadeau and
Daykin. Nicholson voted for Blocklinger and
Daykin. Therefore, Tom Blocklinger and Kim
Daykin were reappointed and Evelyn Nadeau
appointed to the Park and Recreation Advisory
Commission for three year terms which will
expire 6/30/08.
Communication from Mary Fuhrman in support
of the application of Evelyn Nadeau for the Park
and Recreation Commission, presented and
read.
TV Cable Community Teleprogramming
Commission (One vacant 3-year term through
6/30/06, one vacant 3-year term through
3/30/07, three 3-year terms through 6/30/08 -
terms of Everist, Hoverman and one vacant)
Applicant: Pauline J. Maloney. Michalski
moved that Pauline J. Maloney be appointed to
the TV Cable Community Teleprogramming
Commission for a term to expire 6/30/08.
Seconded by Nicholson. Motion carried 7-0.
Zoning Advisory Commission (Three 3-year
terms through 7/1/08 - terms of Christ, Schiltz
and Smith) Applicants: Martha E. Christ, Richard
J. Schiltz, Ron Smith Michalski moved that
Martha E. Christ, Richard J. Schiltz, and Ron
Smith be reappointed to three year terms on the
Zoning Advisory Commission which will expire
7/1/08. Seconded by Connors. Motion carried
7-0.
PUBLIC HEARINGS
Michalski moved that the rules be suspended
to allow anyone present to address the Council.
Seconded by Connors. Motion carried 7-0.
Vacating Petition: Proof of publication on
notice of hearing to consider a request from
Nathan Boyes to vacate and dispose of a
sanitary sewer easement over Lot 29 Emerald
Acres No. 2 in the City of Dubuque and City
Manager recommending approval, presented
and read. Buol moved that the proof and
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 311-05
RESOLUTION DISPOSING OF INTEREST
AND VACATING A PORTION OF A SANITARY
SEWER EASEMENT OVER LOT 29 EMERALD
ACRES NO. 2 IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque,
Iowa on this 24th day of June, 2005, the City
Council of the City of Dubuque, Iowa met on the
51h day of July, 2005, at 6:30 p.m. in the Public
Library Auditorium, 360 West 11 Street,
Dubuque, Dubuque County, Iowa to consider
the proposal for the release of real estate
described as:
A portion of a sanitary sewer easement on Lot
29 Emerald Acres NO.2 in the City of Dubuque,
Iowa, as shown on the attached Exhibit A.
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to dispose of
interest of the City of Dubuque, Iowa, in the
hereinabove described real estate.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the disposal of the interest of
the City of Dubuque, Dubuque County, Iowa, in
real property described as a portion of a sanitary
sewer easement on Lot 29 Emerald Acres NO.2
in the City of Dubuque, Iowa, as shown on the
attached Exhibit A be' and the same is hereby
approved for the cost of publication and filing
fees.
Section 2. That the Mayor be authorized and
directed to execute a Release of Easement, and
the City Clerk be and is hereby authorized and
directed to deliver said Release to Nathan
Boyes, upon receipt of the above fees.
Section 3. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the offices of the City
Assessor, Dubuque County - Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 5th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Tri-State Industries - Development Agreement: _
Proof of publication on notice of hearing to
consider approval of a Development Agreement
by and between the City of Dubuque and Heller
Family Realty Company, LLC for the sale and
private development of Lot 3 of Dubuque
Industrial Center West 3rd Addition and City
Manager recommending approval, presented
and read. Markham moved that the proof and
communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 312-05
RESOLUTION APPROVING A DEVELOP-
MENT AGREEMENT PROVIDING FOR THE
SALE AND PRIVATE DEVELOPMENT OF LOT
3 OF DUBUQUE INDUSTRIAL CENTER WEST
3RD ADDITION IN THE CITY OF DUBUQUE,
IOWA, TO THE HELLER FAMILY REALTY
COMPANY, LLC
Whereas, this Council, by Resolution No. 282-
05 dated June 20, 2005, declared its intent to
Regular Session, July 5, 2005
277
enter into a Development Agreement with the
Heller Family Realty Company, LLC for the sale
and development of Lot 3 of Dubuque Industrial
Center West 3rd Addition in the City of
Dubuque, Iowa, as shown on the attached plat
(the Property); and
Whereas, pursuant to published notice, a
public hearing was held on the proposed
disposition on July 5, 2005, at 6:30 p.m. at the
Carnegie-Stout Public Library Auditorium, 360
W. 11th Street, Dubuque, Iowa; and
Whereas, it is the determination of this Council
that approval of the Development Agreement for
the sale to and development of the property by
the Heller Family Realty Company, LLC
according to the terms and conditions set out in
the attached Development Agreement is in the
public interest of the citizens of the City.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development
Agreement by and between the City of Dubuque
and the Heller Family Realty Company, LLC and
the sale of the Property to the Heller Family
Realty Company, LLC are hereby approved.
Section 2. That the Mayor is hereby authorized
and directed to execute the Development
Agreement on behalf of the City and City Clerk
is authorized and directed to attest to his
signature.
Section 3. That the Mayor and City Clerk are
hereby authorized and directed to execute and
deliver a Special Warranty Deed for the Property
as provided in the Development Agreement.
Section 4. That the City Manager is authorized
to take such actions as are necessary to comply
with the terms of the Development Agreement
as herein approved.
Passed, approved and adopted this 5th day of
July 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Five Flags Theater Tuckpointing Project:
Proofs of publication on notice of hearing on
plans and specifications and notice to bidders
and City Manager recommending that the one
bid received for the Five Flags Theater
Tuckpointing Project be rejected, presented and
read. Cline moved that the proofs and
communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 313-05
RESOLUTION RESCINDING RESOLUTION
NUMBER 250-05 GIVING PRELIMINARY
APPROVAL OF PLANS AND SPECIFI-
CATIONS FOR THE FIVE FLAGS THEATER
TUCKPOINTING PROJECT
WHEREAS, an advertisement for bids for the
Five Flags Theater Tuckpointing Project was
published on June 10, 2005; and
WHEREAS, the City Council deemed it
advisable to reject all bids received.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That Resolution Number 250-05, Preliminary
Approval of Plans and Specifications for the Five
Flags Theater Tuckpointing Project be rescinded
and that the said project be re-bid at a later date.
Passed, adopted and approved this 5th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Grandview Avenue Concrete Section Repair
Project: Proofs of publication on notice of
hearing on the plans and specifications and
notice to bidders and City Manager
recommending that the public bidding process
for the Grandview Avenue Concrete Section
Repair Project be re-initiated as no bids were
received and that a public hearing be set for July
18, 2005, presented and read. Michalski moved
that the proofs and communication be received
and filed. Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 314-05
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
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 Grandview
Avenue Concrete Section Repair Project in the
estimated amount of $54,850.40 are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved this 5th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 315-05
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Grandview Avenue Concrete Section
Repair Project.
278
Regular Session, July 5, 2005
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 18th
day of July, 2005, at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of 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 not less than four days nor more
than twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 5th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution
fixing date of hearing on plans and specifications
for 7/18/05 at a meeting to commence at 6:30
P.M. in the public library auditorium and direct
the City Clerk to publish notice in the manner
prescribed by law. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 316-05
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Grandview Avenue Concrete Section
Repair Project is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that 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 as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 1ih day of July, 2005. Bids shall be opened
and read by the City Clerk at said time and will
be submitted to the Council for final action at
6:30 p.m. on the 18th day of July, 2005.
Passed, adopted and approved this 5th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Buol moved that the rules be reinstated limiting
discussion to the Council. Seconded by
Nicholson. Motion carried 7-0.
ACTION ITEMS
Exterior Storage Containers: City Manager
communication regarding exterior storage
containers and request of Steward Sandstrom,
President and CEO of the Dubuque Area
Chamber of Commerce to address the Council
regarding the regulation of exterior storage
containers, presented and read. Cline moved
that the communications be received and filed
and directed that this issue be brought back with
recommendations at the December 5, 2005
Council Meeting. Seconded by Nicholson.
Motion carried 7-0.
Greater Dubuque Development Corporation:
Communication from Rick Dickinson, Director of
the Greater Dubuque Development Corporation,
requesting that the Mayor, City Manager,
Economic Development Director and two City
Council Members (currently John Markham and
Patricia Cline) be reappointed to serve on the
Greater Dubuque Development Corporation
Board of Directors, presented and read.
Michalski moved that the communication be
received and filed and reappointed the current
members. Seconded by Nicholson. Motion
carried 7-0.
Update of Zoning and Subdivision Ordinances:
City Manager recommending that a work
session on the update of the Zoning and
Subdivision Ordinances be scheduled for August
1 or August 15 from 4:00 p.m. to 6:00 p.m.,
presented and read. Buol moved that the
communication be received and filed and set
work session for 8/15/05. Seconded by
Nicholson. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Buol congratulated Radio Dubuque on the
great fireworks display. Michalski mentioned that
the July 1, 2005 tribute to the McDonald family
at the Museum was a very nice event.
PUBLIC INPUT
Walt Pregler spoke of his concerns with the
Chaplain Schmitt Memorial which had been
dedicated in 1967 and has been left to
deteriorate. He stated he hoped something
could be done for it and requested that it be
moved to a more prominent place.
At 7:27 P.M. Markham moved to go into
Closed Session re: Pending Litigation and
279
Regular Session, July 5, 2005
Property Acquisition - Chapter 21.5(1)(c)G) 2005
Code of Iowa. Seconded by Connors. Motion
carried 7-0.
At 7:44 P.M. Council reconvened Regular
Session stating staff had been given proper
direction.
There being no further business, Markham
moved to adjourn. Seconded by Connors.
Motion carried 7-0. The meeting adjourned at
7:45 P.M.
/5/ Jeanne F. Schneider, CMC
City Clerk
1t 7/13
280
Regular Session, July 18, 2005
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, July 18, 2005
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Nicholson, City
Manager Van Milligen, Corporation Counsel
Lindahl
Absent: Council Member Michalski
Mayor Duggan read the call and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properly come before the Council.
Invocation was given by Reverend Victor St.
George, Pastor, St. Matthew Lutheran Church.
PROCLAMATIONS: Dubuque County Fair
Week (July 26 - July 31, 2005) received by
Shannon Lundgren; Apples for Students (July
and August, 2005) received by Linda Schmitt of
St. Mark's Community Center; City of Promise
received by Jane Steele.
CONSENT ITEMS
Minutes and Reports Submitted: City Council
of 7/5; Civil Service Commission of 5/26;
Enterprise Zone Commission of 6/27; Human
Rights Commission of 6/13; Park and
Recreation Commission of 6/14, presented and
read. Buol moved that the minutes be received
and filed. Seconded by Nicholson. Motion
carried 6-0.
Proof of publication of List of Claims and
Summary of Revenues for the month ended May
31, 2005 and City Council Proceedings of June
20, 2005, presented and read. Buol moved that
the proofs be received and filed. Seconded by
Nicholson. Motion carried 6-0.
Finance Director submitting the City of
Dubuque Financial Reports for the month ending
June 30, 2005, presented and read. Buol moved
that the reports be received and filed. Seconded
by Nicholson. Motion carried 6-0.
Fourth Quarter Report of the Substance Abuse
Services Center for Fiscal Year 2005,
presented and read. Buol moved that the report
be received and filed. Seconded by Nicholson.
Motion carried 6-0.
Notice of Claims/Suits: Yolanda Feldman-
Brauer for property damage; Gregory A. Carew
for personal injury; Barbara M. Deppe for vehicle
damage; Connie Jones for property damage;
David J. Welu for vehicle damage, presented
and read. Buol moved that the communication
be received and filed and referred to Legal for
investigation. Seconded by Nicholson. Motion
carried 6-0.
Bell Street Construction Project: City Manager
recommending acceptance of the Bell Street
Construction Project as completed by
Tschig.gfrie Excavating Company in the final
contract amount of $1,604,452.08, presented
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 6-0.
RESOLUTION NO. 317-05
ACCEPTING THE BEl.L STREET CONSTRUC-
TION PROJECT IOWA DOT PROJECT NO.
STP-U- 2100 (622)--70-31
Whereas, the contract for the Bell Street
Construction Project (the Project) has been
completed and the City Manager has examined
the work and filed a certificate stating that the
Project has been completed according to the
terms of the contract, plans and specifications
and that the City Manager 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
Manager is approved and the Project is hereby
accepted.
Section 2. The City Treasurer is hereby
directed to pay to the contractor from the Iowa
DOT Grant STP-U-2100 (622)--70-31 funding
distribution (80% of the final construction
contract cost) in the amount of $1,283,561.66,
with the remaining City cost match in the amount
of $441,070.98, to be funded through an
appropriation of Road Use Tax in the amount of
$70,971 and proceeds from the America's River
Project General Obligation Bond in the amount
of $370,100 for the contract amount 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 18th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 318-05
FINAL ESTIMATE
Regular Session, July 18, 2005
281
Whereas, the contract for the Bell Street
Construction Project has been completed and
the City Engineer has submitted his final
estimate showing the cost thereof including the
cost of estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $1,724,632.64 and
the said amount shall be paid from the Iowa
DOT Grant STP-U-2100 (622)--70-31 funding
distribution (80% of the final construction
contract cost) in the amount of $1,283,561.66,
with the remaining City cost match in the amount
of $441,070.98, to be funded through an
appropriation of Road Use Tax in the amount of
$70,971 and proceeds from the America's River
Project General Obligation Bond in the amount
of $370,100 of the City of Dubuque, Iowa.
Passed, approved and adopted this 18th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
Fremont Avenue Reconstruction Project: City
Manager recommending acceptance of the
Fremont Avenue Reconstruction Project as
completed by WC Stewart Construction
Company in the final contract amount of
$670,143.59 and approving the preliminary
schedule of final assessments, presented and
read. Buol moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 6-0.
RESOLUTION NO. 319-05
ACCEPTING THE FREMONT AVENUE
RECONSTRUCTION PROJECT
Whereas, the contract for the Fremont Avenue
Reconstruction Project (the Project) has been
completed and the City Manager has examined
the work and filed a certificate stating that the
Project has been completed according to the
terms of the contract, plans and specifications
and that the City Manager 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
Manager is approved and the Project is hereby
accepted.
Section 2. The City Treasurer is hereby
directed to pay to the contractor from the
Watermain Replacement Program ($32,757.62);
the Sanitary Sewer Construction Fund
($85,219.61); and expenditure from the Annual
Street Construction Program (Funded through
Local Option Sales Tax) in the amount of
$551,203.66 the contract amount 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 18th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 320-05
FINAL ESTIMATE
Whereas, the construction contract for the
Fremont Avenue Reconstruction Project has
been completed and the City Engineer has
submitted his final estimate showing the cost
thereof including the cost of estimates, notices
and inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $742,487.87 and the
said amount shall be paid from the allocations
from the Watermain Replacement Program
($32,757.62); the Sanitary Sewer Construction
Fund ($85,219.61); Special Assessments in the
amount of $73,306.98 and expenditure from the
Annual Street Construction Program (Funded
through Local Option Sales Tax) in the amount
of $551 ,203.66.
Passed, approved and adopted this 18th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 321-05
RESOLUTION APPROVING THE PRELIM-
INARY SCHEDULE OF FINAL
ASSESSMENTS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached sheet(s), Page 1 to Page 1
inclusive, is hereby determined to be the
Preliminary Schedule of Final Assessments for
the Fremont Avenue Reconstruction Project and
the valuations set out herein are hereby
approved.
Passed, approved and adopted this 18th day of
July, 2005.
Terrance M..Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
282
Regular Session, July 18, 2005
U.S. Department of Housing and Urban
Development - Economic Development Initiative
Grant: City Manager recommending approval of
the Certificate of Completion and Grant Close-
out Agreement for the Economic Development
Initiative Grant from the U.S. Department of
Housing and Urban Development for land
acquisition and cleanup in the Port of Dubuque,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 6-0.
RESOLUTION NO. 322-05
A RESOLUTION AUTHORIZING THE
SUBMISSION OF CERTIFICATE OF
COMPLETION AND GRANT CLOSE-OUT
AGREEMENT TO THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
Whereas, the City of Dubuque received a
Special Project Grant award from the
Department of Housing and Urban Development
(HUD) for Economic Development Initiative
assistance in the amount of $357,660 to be used
for the acquisition, cleanup, mitigation, and site
preparation of properties in the Port of Dubuque,
and
Whereas, the City has completed the activities
described in the grant agreement, and has
received a Certificate of Project Completion and
Grant Close-out Agreement from HUD,
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Certificate of
Completion and the Grant Close-out Agreement
for the 2003 Economic Development Initiative
(EDI) Special Project Grant B-03-SP-IA-0193 is
hereby approved.
Section 2. That the Mayor is hereby authorized
to execute the Certificate of Completion and
Grant Close-out Agreement for submission to
the Department of Housing and Urban
Development.
Passed, approved, and adopted this 18th day
of July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
University of Iowa Healthcare: City Manager
recommending approval of a contract with
University of Iowa Healthcare for the Fire
Department to provide preceptorships for
students in the college's EMS training programs,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded . by
Nicholson. Motion carried 6-0.
University of Dubuque/City of Dubuque
Memorandum of Agreement: City Manager
recommending approval of a Memorandum of
Agreement with the University of Dubuque for
clinical site usage for the University of
Dubuque's nursing program, presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 6-0.
Fly-by-Night Productions: Communication from
Fly-by-Night Productions thanking the Arts and
Cultural Affairs Advisory Commission for the
$10,000 grant for the Musical Cabaret Project,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 6-0.
Interagency Agreement between the City of
Dubuque and the Dubuque County Board of
Health for Inspection of Pools and Spas in
Dubuque County: City' Manager recommending
approval of an Interagency Agreement with the
Dubuque County Board of Health for the
inspection and enforcement of swimming pools
and spas, presented and read. Buol moved
that the communication be received and filed
and approved recommendation. Seconded by
Nicholson. Motion carried 6-0.
Gateway Landscaping Project: City Manager
recommending approval of an Application and
Permit to Sponsor Highway Planting along IA
936 and US 52 with the Iowa Department of
Transportation for the Gateway Landscaping
Project, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 6-0.
Plat of Survey - Ridgeway Park: Zoning
Advisory Commission recommending approval
of the plat of survey of Lot 1 - 9 and Lot 2 - 9 of
Ridgeway Park, presented and read. Buol
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 6-
O.
RESOLUTION NO. 323-05
RESOLUTION APPROVING THE PLAT OF
SURVEY LOT 1-9 AND LOT 2.9 OF
RIDGEWAY PARK IN DUBUQUE COUNTY,
IOWA
Whereas, there has been filed with the City
Clerk a Plat of Survey Lot 1-9 and Lot 2-9 of
Ridgeway Park in Dubuque County, Iowa; and
Whereas, said Plat of Survey has been
examined by the Zoning Advisory Commission
and its approval endorsed there; and
Whereas, said Plat of Survey has been
examined by the City Council and they find that
it conforms to the statutes and ordinances
relating thereto.
Regular Session, July 18, 2005
283
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby waives
Article IV, Design and Improvement Standards
of the Subdivision Regulations, except Section
42-19, Blocks and Lots.
Section 2. That Section 42-19(b) of the
Subdivision Regulations is waived to allow Lot 2
of 9 to have 375 square fee of area, where
5,000 feet of lot area is required, because said
lot is designated as a non-buildable lot and is for
access purposes only.
Section 3. That the Plat of Survey Lot 1-9
and Lot 2-9 of Ridgeway Park is hereby
approved and the Mayor and City Clerk are
hereby authorized and directed to endorse the
approval of the City of Dubuque, Iowa upon said
plat of survey.
Passed, approved and adopted this 18th day
of July 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
Tobacco Compliance - Civil Penalties for
Tobacco Permit Holder: City Manager
recommending acceptance and approval of an
Acknowledgement/Settlement Agreement for
Walgreen's #0377 and the assessment of a
$1,500 penalty for a second tobacco compliance
violation, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 6-0.
409 Burch Street: City Manager
recommending approval of the initiation of
eminent domain proceedings for the property
located at 409 Burch Street; communication
from Joseph Bitter requesting that the City delay
any further action regarding the property at 409
Burch Street, and a Resolution authorizing the
acquisition by eminent domain of certain real
property at 409 Burch Street, Dubuque, Iowa,
owned by John White, presented and read.
John White, owner of the property, spoke
requesting additional time for repairs and urged
Council to visit.
Buol moved to receive and file the
communications and to table this matter for two
weeks. Seconded by Nicholson. Motion carried
6-0.
Iowa Department of Public Health Childhood
Lead Poisoning Funding and Agreement with
the Visiting Nurse Association and City Manager
recommending approval of a contract with
Dubuque County Board of Health for continued
funding of the Childhood Lead Poisoning
Prevention Program (CLPPP) and a renewed
agreement with the Visiting Nurse Association
for services related to the CLPPP, presented
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 6-0.
RESOLUTION NO. 324-05
A RESOLUTION AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO SIGN A
CONTRACT WITH THE DUBUQUE COUNTY
BOARD OF HEALTH AND AN AGREEMENT
WITH THE DUBUQUE VISITING NURSE
ASSOCIATION.
Whereas, the City of Dubuque has established
such a local childhood lead poisoning prevention
program; and
Whereas, the Iowa Department of Public
Health has offered to provide financial support
for activities relating to the local childhood lead
poisoning prevention program in Dubuque
County; and'
Whereas, the City of Dubuque will provide
environmental and medical case management of
identified lead poisoned children in addition to
community outreach and education on the
problem of childhood lead poisoning.
Whereas, the City of Dubuque must provide
medical case management for all lead poisoned
children in the city, and provide community
outreach and education; and
Whereas, the City of Dubuque will enter into
an agreement with the Dubuque Visiting Nurse
Association to provide medical case
management of lead poisoned children and
conduct community outreach and education for
the citizens of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa
hereby approves the attached contract between
the Dubuque County Board of Health and the
City of Dubuque, Iowa.
Section 2. That the attached Memorandum of
Understanding by and between the City of
Dubuque, Iowa and the Dubuque Visiting Nurse
Association is hereby approved.
Section 3. That the City Manager or his
designee is hereby authorized and directed to
execute said contract and agreement on behalf
of the City of Dubuque, Iowa.
Passed, approved and adopted this 18th day
of July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
Civil Service Commission:
284
Regular Session, July 18, 2005
Civil Service Commission submitting the
certified list for the positions of Water Pollution
Control Plant Operator, Lead Applications /
Network Analyst, Fire Equipment Operator, Fire
Lieutenant, Fire Captain, Assistant Fire Marshal,
Emergency Management Supervisor, Assistant
Fire Chief and Medical Officer, presented and
read.
July 7, 2005
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 2005
Code of Iowa, an examination for the position of
Water Pollution Control Plant Operator was
given on June 7, 2005. We hereby certify that
the individuals listed on the attached sheet have
passed this written examination and the vacancy
for this position should be made from this list
and that this list is good for two (2) years from
above date.
WATER POLLUTION
CONTROL PLANT OPERATOR
Joshua J. Moore John T. Bach
Jason 1. Mouring Dean L. Bush
Duane J. Ernster Timothy J. Neuhaus
Tim E. Harole Steve G. Driscoll
Martin J. Koppes Marty J. Recker
Christopher J. Lange Larry J. Hayes
Chad R. Goebel Brad D. Sommers
Kelly J. Hutzell James A. Jungblut
Arlene L. Seeley Chad C. Seifert
Jason R. Begle
Respectfully submitted,
Merle Duehr, Chairperson
Loras Kluesner
Richard Wertzberger
Civil Service Commissioners
Buol moved that the certification be made a
matter of record. Seconded by Nicholson.
Motion carried 6-0.
July 7, 2005
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 2005
Code of Iowa, a written examination for the
position of Lead Applications/Network Analyst
has been conducted. We hereby certify that the
individuals listed below have passed this written
examination and vacancies for this position
should be made from this list and that this list is
good for two (2) years from above date.
LEAD APPLICATIONS/NETWORK ANALYST
Christopher Simpson Roxanne Heilieman
Jason Bowman Todd Guidinger
Terry Reed
Respectfully submitted,
Merle Duehr, Chairperson
Loras Kluesner
Richard Wertzberger
Civil Service Commission
Buol moved that the certification be made a
matter of record. Seconded by Nicholson.
Motion carried 6-0.
July 8, 2005
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the 2005
Code of Iowa, an examination for the position of
Fire Equipment Operator was conducted on May
31, 2005. We hereby certify that the following
individuals have passed this written examination
and the vacancy for this position should be
made from this list and that this list is good for
two (2) years from above date.
FIRE EQUIPMENT OPERATOR
Jeff Breitbach Brian Klinkner
Jeffrey Sanderfield Robert Klaas
Steve Haupert Steve Berkley
Greg Harris Darrell Weiland
Michael McMahon Bryan McDonald
Respectfully submitted,
Merle Duehr, Chairperson
Loras Kluesner
Richard Wertzberger
Civil Service Commission
Buol moved that the certification be made a
matter of record. Seconded by Nicholson.
Motion carried 6-0.
July 8, 2005
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 2005
Code of Iowa, an examination for the position of
Fire Lieutenant was conducted on June 1, 2005.
We hereby certify that the following individuals
have passed this written examination and the
vacancy for this position should be made from
this list and that this list is good for two (2) years
from above date.
FIRE LIEUTENANT
Michael Burds
Gary Weets
Jeffrey Sanderfield
Terry Stewart
Mark Murphy
Jerrod Atkinson
Kevin Esser
Wayne Dow
Larry Ewert
Charles Slasen
Michael McMahon
Bryan McDonald
John Fitzgerald
Greg Harris
Respectfully submitted,
Merle Duehr, Chairperson
Loras Kluesner,
Richard Wertzberger
Civil Service Commission
Buol moved that the certification be made a
matter of record. Seconded by Nicholson.
Motion carried 6-0.
July 8, 2005
Honorable Mayor and Members of the City
Council
Regular Session, July 18, 2005
285
In accordance with Chapter 400 of the 2005
Code of Iowa, an examination for the position of
Fire Captain was conducted on May 31, 2005.
We hereby certify that the following individuals
have passed this written examination and the
vacancy for this position should be made from
this list and that this list is good for two (2) years
from above date.
FIRE CAPTAIN
Michael Burds Mark Burkle
Michael Elliott Randall Rick
Robert Park Thomas Ludescher
Robert Lange Bob Fitzpatrick
Mark Ludescher
Respectfully submitted,
Merle Duehr, Chairperson
Loras Kluesner
Richard Wertzberger
Civil Service Commission
Buol moved that the certification be made a
matter of record. Seconded by Nicholson.
Motion carried 6-0.
July 8, 2005
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 2005
Code of Iowa, an examination for the position of
Assistant Fire Marshal was conducted on June
2, 2005. We hereby certify that the following
individuals have passed this written examination
and the vacancy for this position should be
made from this list and that this list is good for
two (2) years from above date.
ASSISTANT FIRE MARSHAL
Wayne Dow Michael J. McMahon
Bob Fitzpatrick
Respectfully submitted,
Merle Duehr, Chairperson
Loras Kluesner
Richard Wertzberger
Civil Service Commission
Buol moved that the certification be made a
matter of record. Seconded by Nicholson.
Motion carried 6-0.
July 8,2005
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 2005
Code of Iowa, an examination for the position of
Emergency Medical Supervisor was conducted
on June 2, 2005. We hereby certify that the
following individuals have passed this written
examination and the vacancy for this position
should be made from this list and that this list is
good for two (2) years from above date.
EMERGENCY MEDICAL SUPERVISOR
Wayne Dow Mark Ludescher
David T. McQuigg in
Respectfully submitted,
Merle Duehr, Chairperson
Loras Kluesner
Richard Wertzberger
Civil Service Commission
Buol moved that the certification be made a
matter of record. Seconded by Nicholson.
Motion carried 6-0.
July 8, 2005
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 2005
Code of Iowa, an examination for the position of
Assistant Fire Chief was conducted on June 1,
2005. We hereby certify that the following
individuals have passed this written examination
and the vacancy for this position should be
made from this list and that this list is good for
two (2) years from above date.
ASSISTANT FIRE CHIEF
Christopher J. Miller Eugene D. Hudek
Randal R. Rick James Imhof
Joseph A Blodgett Thomas J. Ready
Mark Ludescher
Respectfully submitted,
Merle Duehr, Chairperson
Loras Kluesner
Richard Wertzberger
Civil Service Commission
Buol moved that the certification be made a
matter of record. Seconded by Nicholson.
Motion carried 6-0.
July 8, 2005
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 2005
Code of Iowa, an examination for the position of
Assistant Fire Chief was conducted on June 1,
2005. We hereby certify that the following
individuals have passed this written examination
and the vacancy for this position should be
made from this list and that this list is good for
two (2) years from above date.
ASSISTANT FIRE CHIEF
Christopher J. Miller Eugene D. Hudek
Randal R. Rick James Imhof
Joseph A Blodgett Thomas J. Ready
Mark Ludescher
Respectfully submitted,
Merle Duehr, Chairperson
Loras Kluesner
Richard Wertzberger,
Civil Service Commission
Buol moved that the certification be made a
matter of record. Seconded by Nicholson.
Motion carried 6-0.
July 8, 2005
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 2005
Code of Iowa, an examination for the position of
286
Regular Session, July 18, 2005
Medical Officer was conducted on June 2, 2005.
We hereby certify that the following individuals
have passed this written examination and the
vacancy for this position should be made from
this list and that this list is good for two (2) years
from above date.
MEDICAL OFFICER
Jim Abitz Jeff Breitbach
Respectfully submitted,
Merle Duehr, Chairperson
Loras Kluesner
Richard Wertzberger
Civil Service Commission
Buol moved that the certification be made a
matter of record. Seconded by Nicholson.
Motion carried 6-0.
Ice Harbor West Road and Trail Construction
Project: City Manager recommending
acceptance of the Ice Harbor West Road and
Trail Construction Project as completed by
Tschiggfrie Excavating Co. in the final contract
amount of $1,834,271.51, presented and read.
Buol moved that the communication be received
and filed. Seconded by Nicholson. Motion
carried 6-0.
RESOLUTION NO. 325-05
ACCEPTING THE ICE HARBOR
WEST ROAD AND TRAIL PROJECT
Whereas, the contract for the Ice Harbor West
Road and Trail Project (the Project) has been
completed and the City Manager has examined
the work and filed a certificate stating that the
Project has been completed according to the
terms of the contract, plans and specifications
and that the City Manager 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
Manager is approved and the Project is hereby
accepted.
Section 2. The City Treasurer is hereby
directed to pay to the contractor from a
$599,297 savings from the Mississippi River
National Education and Conference Center, and
$149,259 in Road Use Tax fund dollars
allocated through the FY2003 budget
amendment process and the remaining funds
from the America's River Project General
Obligation Bond of $1,395,543, the contract
amount 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 18th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 326-05
FINAL ESTIMATE
Whereas, the contract for the Ice Harbor West
Road and Trail Project has been completed and
the City Engineer has submitted his final
estimate showing the cost thereof including the
cost of estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $2,144,099.53 and
the said amount shall be paid from a $599,297
savings from the Mississippi River National
Education and Conference Center, and
$149,259 in Road Use Tax fund dollars
allocated through 'the FY2003 budget
amendment process .and the remaining funds
from the America's River Project General
Obligation Bond of $1,395,543, of the City of
Dubuque, Iowa.
Passed, approved and adopted this 18th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC. City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
Purchase of Property - 503 Rhomberg
Avenue: City Manager recommending approval
of the purchase of a residential dwelling located
at 503 Rhomberg Avenue as part of the
acquisition program associated with the Bee
Branch Creek Restoration Project, presented
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 6-0.
RESOLUTION NO. 327-05
A RESOLUTION APPROVING THE
ACQUISITION OF REAL ESTATE LOCATED
AT 503 RHOMBERG AVENUE, IN THE CITY
OF DUBUQUE
Whereas, the City of Dubuque intends to
acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for
stormwater mitigation activities as
recommended in the 2001 HDR Drainage Basin
Master Plan; and
Whereas, a purchase agreement has been
finalized with the owner of the second property
available for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves the acquisition of the following legally
described property:
Regular Session, July 18, 2005
287
Lot 2 of Lot 11 and Lot 1 of Lot 12 of Smedley's
Subdivision in the City of Dubuque, Iowa
according to the recorded plat thereof in
Dubuque County, Iowa
At the cost of Twenty-five thousand dollars
($25000).
Section 2. That the City of Dubuque be and is
hereby authorized to accept a Quit Claim deed
from the owner, conveying the owner's interest
to the City of Dubuque, Iowa for the herein
described real estate.
Section 3. That the City Clerk be and is hereby
authorized and directed to cause said Quit Claim
Deed to be recorded in the office of the
Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and is hereby
directed to forward a copy of this Resolution to
the Dubuque County Assessor and the Dubuque
County Auditor.
Passed, approved and adopted this 18th day
of July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
Granger Creek Sewer Connection Fees:
Communication from Charles Klein, 9634
Maquoketa Drive, in opposition to the proposed
Granger Creek Sewer Connection Fees,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 6-0.
City of Dubuque 2005 Annual Report: City
Manager submitting the City's 2005 Annual
Report, presented and read. Buol moved that
the communication be received and filed.
Seconded by Nicholson. Motion carried 6-0.
2006 Fireworks Display: Request of the
Dubuque Jaycees, KDTH, KATF, KGRR and
The River to conduct a fireworks display on
Monday, July 3, 2006 on Volunteer Road
between Hawthorne and Lime, with a rain date
of July 4, 2006, presented and read. Buol
moved that the communication be received and
filed and approved. Seconded by Nicholson.
Motion carried 6-0.
Business License Refund: Request for a
refund of the liquor license for Andaluz in the
amount of $422.50, presented and read. Buol
moved that the communication be received and
filed and approved refund. Seconded by
Nicholson. Motion carried 6-0.
Business Licenses:
RESOLUTION NO. 328-05
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.
RENEWAL
White House Tavern David Hoffman
450 W Locust
Passed, approved and adopted this 18th day
of July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 329-05
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 (5 - DAY SPECIAL EVENT)
Four Mounds Foundation Four Mounds
Foundation Ailliant Amphitheater
Music N More Promotions Music n More+
(Sunday Sale) 3rd St Ice Harbor
DBQ Jaycees DBQ Jaycees-August -Tent A
Town Clock Plaza
DBQ Jaycees-August -Tent B
Town Clock Plaza
DBQ Jaycees DBQ Jaycees- August -Tent C
Town Clock Plaza
DBQ Jaycees-September
Town Clock Plaza
DBQ Jaycees- September -
Town Clock Plaza
DBQ Jaycees- - September
Town Clock Plaza
CLASS "CO BEER PERMIT
Mulgrew Oil Company AMOCO Food Shop+
(Sunday Sale) 1450 Loras Blvd
Passed, approved and adopted this 18th day
of July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
DBQ Jaycees
DBQ Jaycees
Tent A T
DBQ Jaycees
Tent B
DBQ Jaycees
Tent C
288
Regular Session, July 18, 2005
RESOLUTION NO. 330-05
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 "CO BEER/LIQUOR LICENSE
House of China Co. House of China+
(Sunday Sale) 170 JFK RD
Dubuque Historical Society National River
Museum (1 Day Outdoor) 350 East Third
CLASS "WBN" NATIVE WINE
Mandolin Inn Mandolin Inn
199 Loras Blvd
Passed, approved and adopted this 18th day
of July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
ITEMS TO BE SET FOR PUBLIC HEARING
University Avenue Paving Project: City
Manager recommending approval of the
preliminary plans and specifications for the
University Avenue Extension Project - Phase II,
which was bid through the Iowa Department of
Transportation, and that a public hearing be set
for August 1, 2005, presented and read.
Connors moved that the communication be
received and filed. Seconded by Markham.
Motion carried 6-0.
RESOLUTION NO. 331-05
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
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 University
Avenue Extension (US 20 to University Avenue)
Project, in the estimated amount of $880,000.00
are hereby approved and ordered filed in the
office of the City Clerk for public inspection.
Passed, adopted and approved this 18th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Markham. Motion carried 6-0.
RESOLUTION NO. 332-05
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the University Avenue Extension (US 20 to
University Avenue) Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 1 at
day of August, 2005, at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of 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 not less than four days nor more
than twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 18th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution
and set public hearing for 8/1/05 at a meeting to
commence at 6:30 P.M. in the public library
auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Markham. Motion carried 6-0.
Great River Road Interpretive Signage Project:
City Manager recommending initiation of the
public bidding process for the Great River Road
Interpretive Signage Project and that a public
hearing be set for August 15, 2005, presented
and read. Connors moved that the
communication be received and filed. Seconded
by Markham. Motion carried 6-0.
RESOLUTION NO. 333-05
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
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 Great
River Road Interpretive Signage Project in the
estimated amount of $17,529.00 are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Regular Session, July 18, 2005
289
Passed, adopted and approved this 18th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Markham. Motion carried 6-0.
RESOLUTION NO. 334-05
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Great River Road Interpretive Signage
Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 15th
day of August, 2005, at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of 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 not less than four days nor more
than twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 18th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Markham. Motion carried 6-0.
RESOLUTION NO. 335-05
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Great River Road Interpretive
Signage Project is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that 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 as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 9th day of August, 2005. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 15th day of August,
2005.
Passed, adopted and approved this 18th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution
and set public hearing for 8/15/05 at a meeting
to commence at 6:30 P.M. in the public library
auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Markham. Motion carried 6-0.
Kerper Boulevard Industrial Park Economic
Development District: City Manager
recommending approval of a Resolution of
Necessity that begins the process of amending
the Urban Renewal Plan for the Kerper
Boulevard Industrial Park Economic
Development District and that a public hearing
be set for September 19, 2005 to consider the
new plan, presented and read. Connors moved
that the communication be received and filed.
Seconded by Markham. Motion carried 6-0.
RESOLUTION NO. 336-05
A RESOLUTION OF NECESSITY FINDING
THAT AN AMENDMENT TO THE URBAN
RENEWAL PLAN FOR THE KERPER
BOULEVARD INDUSTRIAL PARK ECONOMIC
DEVELOPMENT DISTRICT IS NECESSARY IN
THE INTEREST OF THE RESIDENTS OF THE
CITY OF DUBUQUE, IOWA.
Whereas, the City Council of the City of
Dubuque adopted an Urban Renewal Plan for
the Kerper Boulevard Industrial Park Economic
Development District on August 15, 1994 by
Resolution 274-94 to stimulate and guide public
and private investment within the District; and
Whereas, the City Council of the City of
Dubuque has determined that an amendment to
the Urban Renewal Plan for the Kerper
Boulevard Industrial Park Economic
Development District will provide redevelopment
opportunities which will further the purposes and
objectives of the Urban Renewal Plan; and
Whereas, the City of Dubuque shall undertake
the urban renewal actions specified in the Urban
Renewal Plan, pursuant to the powers granted
to it under Iowa Code Chapter 403, Urban
Renewal Law, and Iowa Code Chapter 15A, Use
of Public Funds to Aid Economic Development;
and
Whereas, Chapter 403 of the Iowa Code
requires that before an urban renewal plan may
be modified, the City Council must adopt a
resolution of necessity and provide for a process
290
Regular Session, July 18, 2005
of review and consultation prior to adoption of an
amended and restated plan.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That an amendment to the Urban
Renewal Plan for the Kerper Boulevard
Industrial Park Economic Development District is
necessary and appropriate to facilitate the
proper growth and development of the
community in accordance with sound planning
and local community objectives.
Section 2. That the City Manager is authorized
and directed to prepare an Amended and
Restated Urban Renewal Plan for the district, to
forward said Plan to the City's Long Range
Planning Advisory Commission for review and
comment and to begin the consultation process
required by law with affected taxing entities.
Section 3. That the City Clerk is directed to
publish notice of a public hearing on the
adoption of an Amended and Restated Urban
Renewal Plan for the Kerper Boulevard
Industrial Park Economic Development District
to be held on September 19, 2005 at 6:30 p.m.
in the Camegie-Stout Public Library Auditorium,
360 W. 11th Street, Dubuque, Iowa 52001 and
that said notice shall generally identify the area
covered by the Amended and Restated Plan and
the general scope of the amendment.
Section 4. That the City Clerk is further
directed to send by ordinary mail a copy of said
notice of public hearing to the Dubuque
Community School District, the County Board of
Supervisors and the Northeast Iowa Community
College, as the affected taxing entities.
Passed, approved and adopted this 18 day of
July, 2005.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution
and set public hearing for 9/19/05 at a meeting
to commence at 6:30 P.M. in the public library
auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Markham. Motion carried 6-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Commissions:
TV Cable Regulatory Commission (One
unexpired 3-year term through 6/30/07 and two
3-year terms through 6/30/08 - terms of Tigges
and Webster) Applicants: Ronald Tigges,
Walter Webster No one spoke.
TV Cable Community Teleprogramming
Commission (Two 3-year terms through 6/30/08
- terms of Everist and Hoverman, one unexpired
term through 6/30/06 and one unexpired term
through 6/30/07) Applicants: George P. Herrig,
Sr. Carol Hoverman Mr. Herrig spoke
requesting consideration for appointment.
PUBLIC HEARINGS
Buol moved that the rules be suspended to
allow anyone present to address the Council.
Seconded by Nicholson. Motion carried 6-0.
Links Glen Residential Development Proof of
publication on notice of hearing to consider
rezoning property located in the 300 block of
Wartburg Place from R-1 Single-Family
Residential District to PUD Planned Unit
Development with a PR Planned Residential
District designation as requested by Tim
Conlon/Conlon Partners and Zoning Advisory
Commission recommending approval,
presented and read. Buol moved that the proof
and communication be received and filed.
Seconded by Connors.' Motion carried 6-0. -
Keith Gaherty of Conlon Construction spoke
clarifying their plans for this requested rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located In the 300 block of
Wartburg Place from R-1 Single-Family
Residential District to PUD Planned Unit
Development District with a PR Planned
Residential District designation and amending
Ordinance 23-96 and adopting a revised
Conceptual Development Plan, with conditions,
for Links Glen Residential Development,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 45-05
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED IN THE 300
BLOCK OF WARTBURG PLACE FROM R-1
SINGLE-FAMILY RESIDENTIAL DISTRICT TO
PUD PLANNED UNIT DEVELOPMENT
DISTRICT WITH A PR PLANNED RESI-
DENTIAL DISTRICT DESIGNATION AND
AMENDING ORDINANCE 23-96 AND ADOPT-
ING A REVISED CONCEPTUAL DEVELOP-
MENT PLAN WITH CONDITIONS, FOR LINKS
GLEN RESIDENTIAL DEVELOPMENT
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning Ordinance)
of the City of Dubuque Code of Ordinances is
hereby amended by amending by reclassifying
the hereinafter described property from R-1
Single-Family Residential District to PUD
Regular Session, July 18, 2005
291
Planned Unit Development District with a PR
Planned Residential District designation and
amending Ordinance -96 and adopting a
revised conceptual development plan, a copy of
which is on file with the City of Dubuque
Planning Services Department, for property
legally described to wit:
Lot 1-1-1 M.L. 139, Lot 2-1-1-1-2-1-1 M.L. 139,
Lot 1-1-1-1-1-2-1-1- M.L. 139, Lot 2-1-1-2-1-1
M.L. 139, Lot 1-2-2-1-1- M.L. 139, Lot 2-2-2-1-1
M.L. 139, Lot 2-1-2-1-1 M.L. 139, and Lot 2-1-2
M.L. 139, and to the centerline of the adjoining
public right-of-way, all in the City of Dubuque,
Iowa.
Section 2. Pursuant to Iowa Code Section
414.5 (2003), and as an express condition of the
reclassification, the undersigned property owner
agrees to the following conditions, all of which
the property owner further agrees are
reasonable and imposed to satisfy the public
needs that are caused directly by the zoning
reclassification:
A. Use Reoulations.
1. The following regulations shall apply to all
uses made of land in the above-described PUD
District:
Principal permitted uses shall be limited to:
a. 20 condominium apartments
b. 8 condominium homes
c. 6 condominium villas
2. Accessory uses shall include any use
customarily incidental and subordinate to the
principal use it serves.
B. Lot and Bulk Reoulations.
Development of land in the PUD District shall be
regulated as follows:
1. The proposed residential development
shall be constructed in substantial compliance
with the attached conceptual development plan.
2. Maximum building height shall be limited to
40 feet.
C. Performance Standards.
The development and maintenance of uses in
this PUD District shall be established in
conformance with Section 3-5.5 of the Zoning
Ordinance and the following standards:
1. Adequate erosion control shall be provided
during all phases of construction.
2. Off-street parking shall be provided as
shown on the approved conceptual plan.
3. Storm water control facilities will be
installed as per City Engineering requirements.
4. Final site development plans shall be
submitted in accordance with Section 4-4 of the
Zoning Ordinance prior to construction of any
buildings.
D. Open Space and Recreational Areas
Open space and landscaping in the PUD District
shall be regulated as follows:
Those areas not designated on the conceptual
development plan shall be maintained as open
space, as defined by Section 8 of the Zoning
Ordinance by the property owner and/or
association.
E. Sian Reaulations.
Signs in the PUD District shall be regulated in
accordance with the R-1 Single-Family
Residential District sign regulations of the
Zoning Ordinance.
F. Transfer of Ownership.
Transfer of ownership or lease of property in this
PUD District shall include in the transfer or lease
agreement a provision that the purchaser or
lessee acknowledges awareness of the
conditions authorizing the establishment of the
district.
G. Reclassification of Subiect Propertv.
The City of Dubuque, Iowa, may initiate zoning
reclassification proceedings to the R-1 Single-
Family Residential District in accordance with
Section 6 of the Zoning Ordinance if the property
owner fails to complete or maintain any of the
conditions of this ordinance.
H. Modifications.
Any modifications of this Ordinance must be
approved by the City Council in accordance with
zoning reclassification proceedings of Section 6
of the Zoning Ordinance.
I. Recordina.
A copy of this ordinance shall be recorded at the
expense of the property owner(s) with the
Dubuque County Recorder as a permanent
record of the conditions accepted as part of this
reclassification approval. This ordinance shall
be binding upon the undersigned and hislher
heirs, successors and assigns.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall
take effect upon publication, as provided by law.
Passed, approved and adopted this 18th day of
July 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 45-05
I, Tim Conlon, representing Conlon Partners,
having read the terms and conditions of the
foregoing Ordinance No. 45-05 and being
familiar with the conditions thereof, hereby
accept this same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 13th day of July
2005.
/s/ Tim Conlon
Published officially in the Telegraph Herald
newspaper this 22nd day of July, 2005.
Jeanne F. Schneider, City Clerk
1t 7/22
Buol moved 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 finally passed be
suspended. Seconded by Connors. Motion
292
Regular Session, July 18,2005
carried 6-0. Buol moved final consideration and
passage of the Ordinance. Seconded by
Markham. Motion carried 6-0.
Grandview Avenue Concrete Section Repair
Project: Proof of publication on notice of hearing
to consider adoption of the plans and
specifications for the Grandview Avenue
Concrete Section Repair Project and City
Manager recommending award of the contract to
Drew Cook & Sons Excavating, Inc., in the
amount of $38,934, presented and read.
Markham moved that the proof and
communication be received and filed. Seconded
by Cline. Motion carried 6-0.
RESOLUTION NO. 337-05
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 29th day of June, 2005, plans,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the Grandview Avenue Concrete
Section Repair Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 18th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 6-0.
RESOLUTION NO. 338-05
AWARDING CONSTRUCTION CONTRACT
FOR THE GRANDVIEW AVENUE CONCRETE
SECTION REPAIR PROJECT
Whereas, sealed bid proposals have been
submitted by contractors for the Grandview
Avenue Concrete Section Repair Project
pursuant to Resolution No. 316-05 and notice to
bidders published in a newspaper published in
the City of Dubuque, Iowa on the 8th day of July,
2005.
Whereas, said sealed proposals were opened
and read on the 12th day of July, 2005, and it
has been determined that the bid of Drew Cook
& Sons Excavating, Inc., in the amount of
$38,934.00 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the
construction documents.
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 Drew Cook & Sons Excavating,
Inc. 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 18th day of
July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. M~tion carried 6-0.
RESOLUTION NO. 338A-05
APPROVING CONSTRUCTION CONTRACT
WITH DREW COOK AND SONS
EXCAVATING, INC. FOR THE GRANDVIEW
AVENUE CONCRETE SECTION REPAIR
PROJECT
Whereas the City Council by Resolution No.
338-05 awarded the construction contract for the
Grandview Avenue Concrete Section Repair
Project to Drew Cook & Sons Excavating, Inc.;
and
Whereas Drew Cook & Sons Excavating, Inc.
has submitted the attached executed contract
and bond.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The contract and bond attached hereto are
hereby approved.
2. The City Manager is hereby authorized and
directed to execute the contract on behalf of the
City of Dubuque.
Passed, approved and adopted this 18th day of
July, 2005.
rTerrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 6-0.
Comiskey Park Tennis Court/Skate Park
Project: Proof of publication on notice of hearing
to consider adoption of the plans and
specifications for the Comiskey Park Tennis
Court/Skate Park Project and City Manager
recommending award of the contract to Drew
Cook & Sons Excavating in the amount of
$84,211.25, presented and read. Cline moved
that the proof and communication be received
and filed. Seconded by Connors. Motion carried
6-0.
Regular Session, July 18, 2005
293
RESOLUTION NO. 339-05
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 20th day of June, 2005,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Comiskey Park Tennis
Court/Skate Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, approved and adopted this 18th day
of July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 6-0.
RESOLUTION NO. 340-05
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Comiskey Park
Tennis Court/Skate Park Project pursuant to
Resolution No. 281-05, and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa, on the 24th day of June,
2005.
Whereas, said sealed proposals were opened
and read on the 5th day of July, 2005, and it has
been determined that the bid of Drew Cook &
Sons Excavating in the amount of $84,211.25
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 Drew Cook & Sons Excavating,
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 18th day
of July, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 6-0.
Markham moved to reinstate the rules limiting
discussion to the Council. Seconded by Cline.
Motion carried 6-0.
ACTION ITEMS
Convention and Visitors Bureau - Quarterly
Report: Sue Czeshinski, Dubuque Area
Chamber of Commerce Convention and Visitors
Bureau, to present quarterly report, presented
and read. Sue Czeshinski spoke. Cline moved
that the report be received and filed.
Seconded by Connors. Motion carried 6-0.
Dubuque on the Move: Request of Christine
A. Sinsky to address the Council regarding
Dubuque on the Move and requesting a letter of
support from the City, presented and read. Buol
moved that the communication be received and
filed and approved sending a letter of support.
Seconded by Connors. Motion carried 6-0.
Dr. Christine Sinsky spoke clarifying the
project.
QHQ Properties:
Mayor Duggan turned over control of the
meeting to Mayor Pro-Tem Connors due to
possible conflict of Interest.
Communication from Tim Quagliano, QHQ
Properties, requesting an extension of time for
sidewalk installation on Asbury Road due to an
anticipated closing and subsequent
development of the property in question.
Nicholson moved that the communication be
received and filed. Seconded by Connors.
Motion carried 5-0.
After Council discussion, Buol moved to deny
the request. Seconded by Cline. Motion
carried 5-0.
Mayor Duggan returned and took control of the
meeting.
Alarm Monitoring Equipment: City Manager
recommending approval for the Emergency
Communications Center to cease providing
monitoring of burglar and fire alarms effective
September 1, 2005, presented and read. Cline
moved that the communication be received and
filed and approved recommendation. Seconded
by Connors. Motion carried 6-0.
Final Plat - Indiana Subdivision: City Manager
recommending approval of the final plat of
Indiana Subdivision located south of
Pennsylvania Avenue and west of Bom Avenue,
presented and read. Buol moved that the
communication be received and filed.
Seconded by Nicholson. Motion carried 6-0.
294
Regular Session, July 18, 2005
RESOLUTION NO. 341-05
A RESOLUTION APPROVING THE FINAL
PLAT OF INDIANA SUBDIVISION IN THE
CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a final plat of Indiana Subdivision in the
City of Dubuque, Iowa; and;
Whereas, upon said final plat appears a street
to be known as Indiana Court (Lot B), together
with certain public utility, storm and sanitary
sewer easements all in Indiana Subdivisions,
which the owner, by said final plat, has
dedicated to the public forever; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon, subject to the owners agreeing to the
conditions noted in Section 3 below; and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it, except
that no streets or public utilities have yet been
constructed or installed.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Indiana Court
(Lot B), and the easements for public utilities,
sanitary sewer and storm sewer as they appear
upon said final plat, be and the same are hereby
accepted; and
Section 2. That the final plat of Indiana
Subdivision is hereby approved and the Mayor
and City Clerk are hereby authorized and
directed to endorse the approval of the City of
Dubuque, Iowa, upon said final plat, provided
the owners of said property herein named,
execute their written acceptance hereto attached
agreeing:
(a) To reduce Indiana Court (Lot B) to grade and
to construct concrete curb and gutter and to
hard surface with asphaltic concrete, or with
concrete paving with integral curb, all in
accordance with the City of Dubuque standard
specifications, all in a manner acceptable to the
City Engineer, in conformance with construction
improvement plans approved by the City
Engineer, and inspected by the City Engineer;
(b) To install sanitary sewer and service laterals,
water mains and water service laterals into each
individual lot, storm sewers and catch basins,
boulevard street lighting and erosion control
devices all in accordance with the City of
Dubuque standard specifications, all in a
manner acceptable to the City Engineer, and in
accordance with construction improvement
plans approved by the City Engineer, and
inspected by the City Engineer;
(c) To construct storm water detention facilities
in a manner acceptable to the City Engineer, in
accordance with construction improvement
plans approved by the City Engineer, prior to
grading associated with the proposed streets;
(d) To construct any retaining walls necessary
for street construction, outside the platted right-
of-way and to obtain the necessary easements
for same;
(e) To maintain the above public improvements,
for a period of two (2) years from the date of the
acceptance of those improvements by the City
of Dubuque, Iowa, at the sole expense of the
owners, or future owner;
And, further provided that said KZ Investments,
LLC, as owner of said property, shall secure the
performance of the foregoing conditions
provided in this Section by providing guarantees
in such form and with such sureties as may be
acceptable to the City Manager of the City of
Dubuque, Iowa.
Section 3. Sidewalk installation shall be the
responsibility of the owner abutting the public
rights-of-way, including lots with multiple
frontages, as required by City Code 41-161
through 41-164. The responsibility shall extend
to all successors, heirs and assignees.
Sidewalk installation will not be required until the
development of the lot has been completed,
except as required herein. In sparsely
developed subdivisions, sidewalks on developed
lots will not be required until 50% of the lots
approved by the plat have been developed. All
vacant lots shall have sidewalks installed upon
development of 80% of the lots approved by the
plat.
Section 4. The undersigned owner hereby
agrees to continue to maintain the detention
facility until all of the following has been
compiled with:
The detention basin has been fully completed
in accordance with the construction
improvement plans approved by the City
Engineer.
80% of the platted lots have been developed
Adequate erosion control measures, as
approved by the City, have been installed on the
remaining 20% of the platted lots.
Section 5. Upon the City's acceptance of the
detention facility, the undersigned owner hereby
agrees that periodic inspection, administrative
and maintenance expenses incurred by the City
of Dubuque for the storm water detention facility
shall be assessed against the lot owners of
Indiana Subdivision in equal amounts. Such
costs will be dependent upon the condition of
the facility. The City Manager shall certify such
costs to the City Clerk, who in turn shall then be
collected with and in the same manner as
general property taxes in accordance with
provisions of law.
Section 6. The future repairs, reconstruction
on remodeling of the retaining walls will be the
295
.
Regular Session, July 18, 2005
COUNCIL MEMBER REPORTS
responsibility of the property owner on which the
wall is constructed.
Section 7. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that all public improvements have been
completed in accordance with the improvement
plans and City standard 'specifications and
accepted by City Council Resolution.
Section 8. That in the event KZ Investments,
LLC fails to execute the acceptance and furnish
the guarantees provided in Section 2 hereof
within 180 days after the date of this Resolution,
the provisions hereof shall be null and void and
the acceptance of the dedication and approval
the plat shall not be effective.
Passed, approved and adopted this 18th day of
July 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
Mediacom Cultural Affairs Charitable
Foundation Board: Appointment by City Council
of two representatives to the Mediacom Cultural
Affairs Charitable Foundation Board, presented
and read. Connors moved that the
communication be received and filed and
directed the City Clerk to send a letter to former
applicants for the Arts and Cultural Affairs
Advisory Commission and publicize this also on
Channel 8, with interviews to be 8/1/05 and
appointment on 8/15/05. Seconded by
Markham. Motion carried 6-0.
Connors moved to remove the following from
the table. Seconded by Nicholson. Motion
carried 6-0.
Library Board of Trustees (Tabled from July 5,
2005 Meeting): Appointment by the Mayor of
one person to fill the vacancy of Jack Felderman
on the Library Board of Trustees through July 1,
2009, presented and read. Mayor Duggan
withdrew the appointment to the Board.
Second Ward City Council Seat:
Communication from Corporation Counsel
regarding the resignation of Council Member
Roy Buol, the Second Ward City Council Seat
and the upcoming City Council election in
November, presented and read. Council
Member Buol clarified his resignation was
effective midnight, 7/18/05, and he would be
available for appointment to fill the vacant seat
until the election.
Connors moved that the communication be
received and filed and accept resignation of Mr.
Buol, with an appointment to fill his vacancy on
the Council to be made 811105. Seconded by
Markham. Motion carried 6-0.
Council Member Cline questioned the City's
costs for taking someone's property by eminent
domain and questioned passing these costs on
to the current owner.
Council Member Nicholson commented on the
financial aid available to citizens to repair
sidewalks on their property but noted there is
none for new installation of sidewalks. He
urged, and Council concurred by consensus,
that an Ordinance be brought to the next
meeting to address this issue.
There being no further business, Buol moved
to adjourn. Seconded by Cline. Motion carried
6-0. The meeting adjourned at 7:51 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 7/27
2005
Adopted 2005