2005 October Council Proceedings
Regular Session, October 3, 2005
365
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, Monday,
October 3, 2005
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Pro-Tem Connors, Council
Members Buol, Cline, Markham, Michalski,
Nicholson, City Manage Michael Van Milligen,
Corporation Counsel Lindahl
Absent: Mayor Duggan
Mayor Pro-Tem Connors read the call and
stated this is a regular session of the City
Council called for the purpose of discussion
such matters which may properly come before
the Council.
Invocation was given by Reverend Dr. Craig
Nesson, Academic Dean, Wartburg Theological
Seminary.
Proclamations: Disability Employment Aware-
ness Month (October 2005) received by Earl
Brimeyer of Area Residential Care; Bipolar
Disorder Awareness Day (October 6, 2005)
received by Pat Balvanz; White Cane Safety
Day (October 15, 2005) received by Shirley
Conrad; Make a Will Month received by Dave
Schmitz, Susan Henricks and Ric Jones; and
Trick or Treat Night (October 31, 2005).
CONSENT ITEMS
Minutes and Reports Submitted: Arts and
Cultural Affairs Advisory Commission of 8/18
and 8/23; City Council of 9/19 and 9/28; Five
Flags Commission of 8/15; Housing Commission
of 8/23 and 9/14; Library Board of 8/31;
Mechanical Board of 9/20; Park and Recreation
Commission of 9/13; Zoning Board of
Adjustment of 9/22, presented and read. Buol
moved that the minutes be received and filed.
Seconded by Cline. Motion carried 6-0.
Proofs of pubiication of City Council
proceedings of September 6, 7, 8 and 12, 2005,
presented and read. Buol moved that the proofs
be received and filed. Seconded by Cline.
Motion carried 6-0.
Printed Council Proceedings for June, 2005,
presented and read. Buol moved that the
communication be received and filed and
approved as printed. Seconded by Cline.
Motion carried 6-0.
Notice of Claims/Suits: Barbara Johns for
vehicle damage, Dave Lynn for property
damage, Steven K. and Leslie E. Neyens for
property damage, presented and read. Buol
moved that the communications be received
and filed and referred to Legal for investigation.
Seconded by Cline. Motion carried 6-0.
Corporation Counsei advising that the
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Donnabelle
Kramer for personal injury/property damage;
Barbara Johns for vehicle damage, upon motion
received and filed and concurred.
Corporation Counsel recommending settle-
ment of the claim of Dave Lynn for property
damage and directing the Finance Department
to issue payment, presented and read. Buol
moved that the communications be received and
filed and concurred and Finance Department to
issue payment. Seconded by Ciine. Motion
carried 6-0.
Iowa 32 Bike / Hike Trail: City Manager
recommending approval of the submission of a
SAFE-TEA grant application for funds to
complete phase two of the Iowa 32 (Northwest
Arterial) bike/hike trail, presented and read.
Buol moved that the communication be received
and filed. Seconded by Ciine. Motion carried 6-
O.
RESOLUTION NO: 452-05
RESOLUTION APPROVING THE SUBMITTAL
OF AN APPLICATION FOR STATEWIDE
TRANSPORTATION ENHANCEMENTS
FUNDING TO THE IOWA DEPARTMENT OF
TRANSPORTATION FOR THE DUBUQUE
HERITAGE TRAIL EXTENSION: PHASE 2 OF
THE IOWA 32 (NORTHWEST ARTERIAL)
BIKE/HIKE TRAIL PROJECT
Whereas, the Iowa Department of
Transportation has announced the availability of
Statewide Transportation Enhancements
Funding; and
Whereas, pedestrian and bicycle facilities are
eligible activities for this funding; and
Whereas, design, engineering and
construction costs are eligible for this funding;
and
Whereas, the City has adopted a
Comprehensive Plan that identified a
community-wide bike/pedestrian network that
includes extension of the Dubuque Heritage
Trail along Iowa 32 (Northwest Arterial).
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor is authorized to sign and
submit this application to the Iowa Department
366
Special Session, September 12, 2005
of Transportation for Statewide Transportation
Enhancements Funding for the Dubuque
Heritage Trail Extension: Phase 2 of the Iowa 32
(Northwest Arterial) Bike/Hike Trail.
Section 2. That the City Council authorizes the
City Manager to utilize budgeted Capital
Improvement Program funds to provide the
match required by this program.
Section 3. That in the event said application is
approved, the City Council hereby provides its
written assurance that the completed project will
be adequately maintained for its intended public
use for a minimum of twenty (20) years following
the project.
Section 4. That the City of Dubuque agrees to
abide by all local, state and federal requirements
applicable to the proposed budget.
Passed, approved and adopted this 3" day of
October 2005.
Joyce E. Connors, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 6-0.
Ice Harbor Marina Project - Boating
Infrastructure Grant: City Manager
recommending approval of an application for
Tier 1 of the Boating Infrastructure Grant
Program (BIGP) for the Ice Harbor Marina
Project at the Port of Dubuque, presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Cline. Motion
carried 6-0.
America's River Museum - EDI Special
Purpose Grant: City Manager recommending
approval of a resolution authorizing the closeout
of the Economic Development Initiative (ED I)
special project grant from the U.S. Department
of Housing and Urban Development for the
America's River Museum on behalf of the
Dubuque County Historical Society, presented
and read. Buol moved that the communication
be received and filed. Seconded by Cline.
Motion carried 6-0.
RESOLUTION NO. 453-05
A RESOLUTION PROVIDING FOR
CLOSEOUT OF THE ECONOMIC
DEVELOPMENT INITIATIVE (EDI) SPECIAL
PROJECT GRANT NO. B-02-SP-IA-0178 FOR
THE AMERICA'S RIVER MUSEUM ON BE-
HALF OF THE DUBUQUE COUNTY
HISTORICAL SOCIETY.
Whereas, the U.S. Department of Housing and
Urban Development awarded the EDI Special
Project Grant No. B-02-SP-IA-0178 for
$1,000,000 to the City of Dubuque for work
associated with the America's River Museum;
and
Whereas, the Dubuque County Historical
Society, the sub-grantee for said project, has
utilized the grant funds for development of the
museum and has expended the $1,000,000 as
per the sub-grantee contract dated July 1, 2002.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is hereby authorized
to sign the Certificate of Project Completion and
Grant Closeout Agreement for the Economic
Development Initiative (EDI) Special Project
Grant No. B-02-SP-IA-0178 for the America's
River Museum.
Section 2. That the Mayor is hereby authorized
and directed to execute and submit said
closeout forms to the U. S. Department of
Housing and Urban Development together with
such documents as may be required.
Passed, approved and adopted this 3rd day of
October 2005.
Joyce E. Connors, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 6-0.
Dubuque County Conservation Society:
Communication from David W. Leifker, Dubuque
County Conservation Society, requesting that
the green space along Southern Avenue be
preserved and not sold off as building lots and
questioning future plans for Maus Park,
presented and read. Buol moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Cline. Motion carried 6-0.
Drug Awareness Resistance Education
(DARE) Contract: City Manager recommending
approval of the Drug Awareness Resistance
Education (DARE) contract between the City of
Dubuque, Dubuque Community Schools and
Holy Family Catholic Schools for the Fiscal Year
2005/2006 school year, presented and read.
Buol moved that the communication be received
and filed and approved recommendation.
Seconded by Cline. Motion carried 6-0.
School Resource Officer (SRO) Agreement:
City Manager recommending approval of an
agreement between the Police Department and
the Dubuque Community School District
regarding the duties and responsibilities of the
Dubuque Police School Resource Officers,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by Cline.
Motion carried 6-0.
Pennsylvania Avenue / Radford Road
Sidewalk Installation Project - Final Schedule of
Assessments: City Manager recommending
Regular Session, October 3, 2005
367
approval of the final assessment schedule for
the Pennsylvania Avenue I Radford Road
Sidewalk Installation Project, presented and
read. Buol moved that the communication be
received and filed. Seconded by Cline. Motion
carried 6-0.
RESOLUTION NO. 454-05
A RESOLUTION ADOPTING THE FINAL
ASSESSMENT SCHEDULE FOR THE
PENNSYLVANIA AVENUE RADFORD
ROAD SIDEWALK INSTAllATION PROJECT
INCLUDING CERTAIN INFORMATION
REQUIRED BY THE CODE OF IOWA,
SPECIFICAllY, THE NUMBER OF ANNUAL
INSTAllMENTS INTO WHICH ASSESS-
MENTS ARE DIVIDED, THE INTEREST ON
All UNPAID INSTAllMENTS, THE TIME
WHEN THE ASSESSMENTS ARE PAYABLE
AND DIRECTING THE CLERK TO CERTIFY
THE FINAL SCHEDULE AND TO PUBLISH
NOTICE THEREOF
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCil OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the
accompanying final schedule of assessments to
be made for the construction of the
Pennsylvania Avenue - Radford Road Sidewalk
Installation Project under contract with Skyline
Construction of Zwingle, Iowa, for which the final
schedule of assessments were filed in the office
of the City Clerk on the 3" day of October, 2005,
the said sChedule of assessments be and the
same is hereby approved and adopted.
That there be, and is hereby assessed and
levied as a special tax against and upon each of
the lots, the respective sums indicated.
Provided, further, that the amounts shown in
said final schedule of assessments as
deficiencies are found to be proper and levied
conditionally against the respective properties
benefited by the improvements as shown in the
schedule, subject to the provisions of Section
384.63 of the Code of Iowa. Said assessments
against said lots are hereby declared to be in
proportion to the special benefits conferred and
not in excess of twenty-five percent of the value
of same.
That the City Clerk be and is hereby directed
to certify said schedule to the County Treasurer
of Dubuque County, Iowa, and to publish notice
of said certification once each week for two
consecutive weeks in the manner provided in
Section 362.3, the first publication of which shall
be not more than fifteen days from the date of
filing of the final schedule. On or before the date
of the second publication of the notice, the City
Clerk shall also mail a copy of said notice to
property owners whose property is subject to
assessment, as provided and directed in Section
384.60 of the Code of Iowa.
That assessments may be paid in full or in part
without interest at the office of the City
Treasurer, City Hall, 50 W. 13~ Street, Dubuque,
Iowa, at any time within 30 days after the date of
the first publication of this notice of the filing of
the final schedule of assessments with the
County Treasurer. After 30 days, unpaid
assessments of $100.00 or more are payable in
10 annual installments at the County Treasurer's
Office, Dubuque County Courthouse, 720
Central, Dubuque, Iowa, and will draw annual
interest at nine (9) percent (commencing on the
date of acceptance of the work) computed to the
December 1 next following the due dates of the
respective installments as provided in Section
384.65 of the Code of Iowa. Each installment
will be delinquent from October 1 following its
due date on July 1 of each year. Property
owners may elect to pay any annual installments
semiannually in advance.
Passed, approved and adopted this 3" day of
October, 2005.
Joyce E. Connors, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
PENNSYLVANIA AVENUE AND RADFORD
ROAD FINAL SCHEDULE OF VAlUATON AND
PROPOSED ASSESSMENTS SIDEWALK
INSTALLATION ASSESSMENT PROJECT
OWNER PARCEL NO. LOCATION
LEGAL SIDEWALK UNIT TOTAL ASSESS.
Scott, Patricia 10 20 326 009 2011
Radford Rd L 2-1 Siegert Farms #2
163.19 $2,277.00
Scott, Patricia 10 20 326 008 2015
Radford Rd l 1-1 Siegert Farms #2
129.54 $2,403.50
TOTAL NET ASSESSMENT $4,680.50
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 6-0.
Third Street Overpass Decorative Railing
Project: City Manager recommending approval
to modify the Riverwalk railing design for the
Third Street Overpass Decorative Railing
Project, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by Cline.
Motion carried 6-0.
Bee Branch Creek Restoration Project -
Commercial Property Acquisition: City Manager
recommending approval of the selection of
Graham Land Acquisition Associates as the
consultant for the commercial property
acquisition south of 16'h Street associated with
the Bee Branch Creek Restoration Project,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by Cline.
Motion carried 6-0.
368
Special Session, September 12, 2005
Birch Street Housing Update (Tabled on
September 6, 2005): City Manager submitting an
update on the property located at 409 Burch
Street and recommending that this item be re-
tabled to November 7, 2005, presented and
read. Buol moved that the communication be
received and filed and tabled to 11/7/05.
Seconded by Cline. Motion carried 6-0.
National Register of Historic Places
Nomination: Historic Preservation Commission
recommending approval of the nomination of
Dubuque Casket Company at 1798 Washington
Street to the National Register of Historic
Places, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by Cline.
Motion carried 6-0.
US 20 Improvements - ICAAP Funding: City
Manager recommending approval of the
submission of an application to the Iowa
Department of Transportation for Iowa Clean Air
Attainment Program for funding of the City of
Dubuque Traffic Signal Improvements Priority 2,
3, and 4 - US 20 (Devon Drive to Menards),
presented and read. Buol moved that the
communication be received and filed.
Seconded by Cline. Motion carried 6-0.
RESOLUTION NO. 455-05
RESOLUTION AUTHORIZING THE FILING OF
AN APPLICATION WITH THE IOWA
DEPARTMENT OF TRANSPORTATION FOR
IOWA CLEAN AIR ATTAINMENT PROGRAM
(ICAAP) FUNDING OF CITY OF DUBUQUE
TRAFFIC SIGNAL IMPROVEMENTS
PRIORITY 2, 3, AND 4 (US 20 - DEVON
DRIVE TO MENARD'S)
Whereas, the Iowa
Transportation (Iowa DOT)
available for projects to
emissions; and
Whereas, delay along the US Highway 20 and
IA 32 (Northwest Arterial) causes traffic
congestion, which produces excessive levels of
vehicle emissions; and
Whereas, City of Dubuque Traffic Signal
Improvements Priority 2, 3, and 4 (US 20 -
Devon Drive to Menards) has been developed
which will reduce congestion and vehicle
emissions along the Highway 20 Corridor in
Dubuque; and
Whereas, the Iowa Clean Air Attainment
Program Funds will be required to complete said
traffic for City of Dubuque Traffic Signal
Improvements Priority 2, 3, and 4 (US 20 -
Devon Drive to Menards).
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Department of
has made funds
reduce vehicle
Staff is authorized to submit an application to
the Iowa Department of Transportation for Iowa
Clean Air Attainment Program funds.
Staff is authorized to file any additional
documentation that is required by the Iowa
Department of Transportation.
The City agrees to maintain and operate City
of Dubuque Traffic Signal Improvements Priority
2, 3, and 4 (US 20 - Devon Drive to Menards)
for public use during the project's useful life if
funding is approved.
The City of Dubuque, iowa agrees to commit
the necessary $113,521.00 of the total cost of
$567,605.00 for project implementation.
That the Mayor is authorized to sign the
necessary application form and subsequent
grant contracts with the Iowa Department of
Transportation.
Passed, approved and adopted this 3'. day of
October, 2005.
Joyce E. Connors, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
8uol moved adoption of the Resolution.
Seconded by Cline. Motion carried 6-0.
Hwy 151/61 and Maquoketa Drive Intersection
- ICAAP Funding: City Manager recommending
approval of an application to the Iowa
Department of Transportation for Iowa Clean Air
Attainment Program funds for the US Highway
151/61 and Maquoketa Drive Intersection
Improvement Project, presented and read. 8uol
moved that the communication be received and
filed. Seconded by Cline. Motion carried 6-0.
RESOLUTION NO. 456-05
RESOLUTION AUTHORIZING THE FILING OF
AN APPLICATION WITH THE IOWA
DEPARTMENT OF TRANSPORTATION FOR
IOWA CLEAN AIR ATTAINMENT PROGRAM
(ICAAP) FUNDING OF CITY OF DUBUQUE US
HIGHWAY 151/61 AND MAQUOKETA DRIVE
INTERSECTION IMPROVEMENT PROJECT
Whereas, traffic congestion problems occur at
the intersection of US Highway 151/61 and
Maquoketa Drive in the City of Dubuque that
could be improved by intersection and traffic
signal improvements; and
Whereas, the City of Dubuque has determined
that improvements to this intersection, as
recommended in a Traffic Engineering
Assistance Program (TEAP) Study completed in
2004, will increase traffic flow, thereby reducing
vehicle emissions caused by vehicle delay; and
Whereas, the Iowa Department of
Transportation provides, on a competitive basis,
funds for transportation projects that address
congestion problems and provide air quality
improvements; and
Whereas, the City of Dubuque is willing to
commit the necessary iocal matching funding for
project implementation and upon completion, in
Regular Session, October 3, 2005
369
cooperation with the Iowa Department of
Transportation, be responsible for adequately
maintaining and operating the project for public
use during the project's useful life.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City makes application to the
Iowa Department of Transportation for funds
through the Iowa Clean Air Attainment Program
to fund the intersection and traffic signal
improvements at the US Highway 151/61 and
Maquoketa Drive intersection.
Passed and approved this 3'. day of October,
2005.
Joyce E. Connors, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 6-0.
IA 32 (Southwest Arterial) RISE Application:
City Manager recommending approvai of an
updated RISE application for IA 32 (Southwest
Arterial) in the amount of $12,000,000,
presented and read. Buol moved that the
communication be received and filed.
Seconded by Cline. Motion carried 6-0.
RESOLUTION NO, 457-05
A RESOLUTION AUTHORIZING THE FILING
OF AN AMENDMENT TO A RISE
APPLICATION TO THE IOWA DEPARTMENT
OF TRANSPORTATION FOR IOWA HIGHWAY
32 (SOUTHWEST ARTERIAL)
Whereas, the City Council of Dubuque, Iowa
has identified the completion of Iowa Highway
32 (Southwest Arterial) as the City's number one
transportation priority, and
Whereas, the Iowa Department of Trans-
portation has funding available through the
Revitalize Iowa's Sound Economy (RISE) to
assist the State of Iowa in design and
construction of Highway 32, and
Whereas, an application has been approved
by resolution #232-03 for RISE funding in the
amount of$10 Million.
Whereas, costs for the project have recently
been updated, and an updated application has
been prepared;
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of the attached
updated application for $12,000,000 of RISE
funding for the Iowa Highway 32 project is
hereby approved.
Section 2. That the Mayor is hereby authorized
to execute, and the City Manager is hereby
directed to submit said updated information to
the Iowa Department of Transportation, together
with other attachments as may be required.
Passed, approved, and adopted this 3rd day of
October, 2005.
Joyce E. Connors, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 6-0.
Granger Creek Interceptor Sewer Extension:
Revised notice to property owners impacted by
the Granger Creek Interceptor Sewer Extension
Project, presented and read. Buol moved that
the communication be received and filed.
Seconded by Cline. Motion carried 6-0.
Improvement Contracts / Performance,
Payment and Maintenance Bonds: Third Street
Overpass Decorative Railing Project; Port of
Dubuque Recognition Wall Project; Cedar Street
and Dog Track Wastewater Pump Station
Rehabiiitations; Five Flags Center HVAC -
Phase II Project, presented and read. Buol
moved that the communications be received and
filed and approved contracts and bonds.
Seconded by Cline. Motion carried 6-0.
Business Licenses:
RESOLUTION NO. 458-05
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.
NEW
Walgreens # 09708 Walgreen Co.
55 JFK Rd
Passed, approved and adopted this day 3rd of
October, 2005.
Joyce E. Connors, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Cieri<
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 6-0.
RESOLUTION NO. 459-05
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 "CO BEER PERMIT
370
Special Session, September 12, 2005
Rainbo Oil Company Kwik Stop Food Mart+
(Sunday Sale) 2360 Central Ave
Molo Oil Company Puff n Snuff+
(Sunday Saie) 1101 Rhomberg Ave
Passed, approved and adopted this 3rd day of
October, 2005.
Joyce E. Connors, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 6-0.
RESOLUTION NO. 460-05
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 "B" L1QUOR(HOTEUMOTEL)
Dubuque Casino Hotel, LLC Hilton Garden
/ Houlihan's+(Sunday/Outdoor)
1795 Greyhound Prk
CLASS "Co BEER/LIQUOR LICENSE
Carlos O'Kelly's Carlos O'Kelly's Mexican
Cafe 1355 Associates
One Flight Up One Flight Up+
(Sunday Sale) 44-48 Main St
Cafe Manna Java, LLC Cafe Manna Java+
(Sunday/Outdoor Sale) 269 Main St
Dog Gone, Inc. Dog House Lounge+
(Sunday/Outdoor Sale) 1646 ASbury Rd
Knickers Saloon Knickers Saloon
(1-Day Outdoor Sale) 2186 Central-Prk Lot
Passed, approved and adopted this day 3rd of,
October 2005.
Joyce E. Connors, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 6-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Commission:
Zoning Advisory Commission (One 3-year
term through 7/1/06)
Applicants: Kenneth Bichell, Matthew Lundh,
Darren D. White; Darren White spoke requesting
consideration for appointment.
Appointments to the following Boards /
Commissions:
Environmental Stewardship Advisory Board
(One 1-year youth term; two 3-year terms
through 10/1/08 - terms of Klostermann and
O'Toole); Applicants: Youth - Kirsten Berg and
Claire Miller; Wayne Kiostermann and Mary
Clare O'Toole
Markham moved that Wayne Klostermann and
Mary Clare O'Toole be reappointed to three year
terms which will expire 10/1/08. Seconded by
Cline. Motion carried 6-0.
Vote on the appointment for the Youth term:
Buol voted for Miller; Cline voted for Berg;
Connors voted for Berg; Markham voted for
Miller; Michalski voted for Miller; Nicholson
voted for Miller. Therefore, Claire Miller
appointed to a one year term for the Youth
position which will expire 6/1/06.
PUBLIC HEARINGS
Markham moved that the rules be suspended
to allow anyone present to address the Council.
Seconded by Cline. Motion carried 7-0.
Vacating Petition - Stewart Street: Proof of
publication on notice of hearing to consider a
request from Richard Hartig, representing
Grandview University LLC, and John E. Knox,
representing The Finley Hospital, to vacate and
dispose of a portion of Stewart Street, a portion
of North Grandview Avenue, and portions of
adjacent alleys between Delhi Street and
University Avenue and City Manager
recommending approval, presented and read.
Buol moved that the proof and communication
be received and filed. Seconded by Nicholson.
Motion carried 6-0.
RESOLUTION NO. 461-05
RESOLUTION VACATING A PORTION OF
NORTH GRANDVIEW AVENUE NORTH OF
DELHI STREET
Whereas, Grandview University, LLC and The
Finley Hospital have requested the vacating of a
portion of North Grandview Avenue north of
Delhi Street; and
Whereas, IIW Engineers & Surveyors, PC has
prepared and submitted to the City Council a
plat showing the vacated portion of North
Grandview Avenue north of Delhi Street and
assigned lot numbers thereto, which hereinafter
shall be known and described as Lot 2 of 1 of
Rigi Subdivision No. 2 in the City of Dubuque,
Dubuque County, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that a portion of
North Grandview Avenue north of Delhi Street is
no longer required for public use, and that
existing utilities and associated curbing will be
relocated at the expense of Grandview
University, LLC and The Finley Hospital and
vacating of said portion of North Grandview
Regular Session, October 3, 2005
371
Avenue north of Delhi Street known as Lot 2 of 1
of Rigi Subdivision No.2 in the City of Dubuque,
Dubuque County, Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as
Lot 2 of 1 of Rigi Subdivision No.2 in the City of
Dubuque, Iowa, be and the same is hereby
vacated.
Section 2. The relocation of all utiiities and
curbing along the east side of North Grandview
Avenue as indicated on an approved site plan
affected by the vacating of a portion of North
Grandview Avenue north of Delhi Street be
engineered, constructed, and Inspected at the
expense of Grandview University, LLC and The
Finley Hospital in accordance with City of
Dubuque Standards and Specifications.
Passed, approved and adopted this 3" day of
October, 2005.
Joyce E. Connors, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 462-05
RESOLUTION VACATING A PORTION OF
NORTH GRANDVIEW AVENUE SOUTH OF
UNIVERSITY AVENUE
Whereas, Grandview University, LLC and The
Finley Hospital have requested the vacating of a
portion of North Grandview Avenue south of
University Avenue; and
Whereas, IIW Engineers & Surveyors, PC has
prepared and submitted to the City Council a
plat showing the vacated portion of North
Grandview Avenue south of University Avenue
and assigned lot numbers thereto, which
hereinafter shall be known and described Lot 2
of Grandview University Place in the City of
Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that a portion of
North Grandview Avenue south of University
Avenue is no longer required for public use, and
that existing utilities and associated curbing will
be relocated at the expense of Grandview
University, LLC and The Finley Hospital and
vacating of said portion of North Grandview
Avenue south of University Avenue known as
Lot 2 of Grandview University Place in the City
of Dubuque, Dubuque County, Iowa should be
approved.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as
Lot 2 of Grandview University Place in the City
of Dubuque, Iowa, be and the same is hereby
vacated.
Section 2. The relocation of all utilities and
curbing along the east side of North Grandview
Avenue as indicated on an approved site plan
affected by the vacating of a portion of North
Grandview Avenue south of University Avenue
be engineered, constructed, and inspected at
the expense of Grandview University, LLC and
The Finley Hospital in accordance with City of
Dubuque Standards and Specifications.
Passed, approved and adopted this 3" day of
October, 2005.
Joyce E. Connors, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 463-05
RESOLUTION VACATING THE REMAINING
UNVACATED 12-FOOT ALLEY EAST OF
NORTH GRANDVIEW AVENUE BETWEEN
DELHI STREET AND UNIVERSITY AVENUE
Whereas, Grandview University, LLC and The
Finley Hospital have requested the vacating of
the remaining unvacated 12-foot alley east of
North Grandview Avenue between Delhi Street
and University Avenue; and
Whereas, IIW Engineers & Surveyors, PC has
prepared and submitted to the City Councii a
plat showing the remaining unvacated 12-foot
alley east of North Grandview Avenue between
Delhi Street and University Avenue and
assigned lot numbers thereto, which hereinafter
shall be known and described as Lot A of
Loetscher and Truebs Subdivision in the City of
Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that the
remaining unvacated 12-foot alley east of North
Grandview Avenue between Delhi Street and
University Avenue is no longer required for
public use, and that existing utilities and
associated curbing will be relocated at the
expense of Grandview University, LLC and The
Finley Hospital and the remaining unvacated 12-
foot alley east of North Grandview Avenue
between Delhi Street and University Avenue
known as Lot A of Loetscher and Truebs
Subdivision in the City of Dubuque, Dubuque
County, Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as
Lot A of Loetscher and Truebs Subdivision in the
City of Dubuque, Iowa, be and the same is
hereby vacated.
Section 2. The relocation of all utilities and
curbing along the east side of North Grandview
Avenue as indicated on an approved site plan
affected by the vacating of the remaining
unvacated 12-foot alley east of North Grandvlew
Avenue between Delhi Street and University
372
Special Session, September 12, 2005
Avenue be engineered, constructed, and
inspected at the expense of Grandview
University, LLC and The Finley Hospital in
accordance with City of Dubuque Standards and
Specifications.
Passed, approved and adopted this 3'" day of
October, 2005.
Joyce E. Connors, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 464-05
RESOLUTION VACATING A PORTION OF
STEWART STREET AND ADJACENT ALLEYS
SOUTH OF UNIVERSITY AVENUE
Whereas, Grandview University, LLC and The
Finley Hospital have requested the vacating of a
portion of Stewart Street and adjacent aileys
south of University Avenue; and
Whereas, i1W Engineers & Surveyors, PC has
prepared and submitted to the City Councii a
plat showing the vacated a portion of Stewart
Street and adjacent aileys south of University
Avenue and assigned lot numbers thereto,
which hereinafter shail be known and described
as Lots B, C, and D of Loetscher and Truebs
Subdivision in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that a portion of
Stewart Street and adjacent aileys south of
University Avenue are no longer required for
public use, and that existing utilities will be
relocated at the expense of Grandview
University, LLC and The Finley Hospital and
vacating of said portion of Stewart Street and
adjacent aileys south of University Avenue
known as Lots B, C, and D of Loetscher and
Truebs Subdivision in the City of Dubuque,
Dubuque County, Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as
Lots B, C, and D of Loetscher and Truebs
Subdivision in the City of Dubuque, Iowa, be and
the same is hereby vacated.
Section 2. The relocation of all utilities affected
by the vacating of a portion of Stewart Street
and adjacent aileys south of University Avenue
be engineered, constructed, and inspected at
the expense of Grandview University, LLC and
The Finley Hospital in accordance with City of
Dubuque Standards and Specifications.
Passed, approved and adopted this 3'. day of
October, 2005.
Joyce E. Connors, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nichoison. Motion carried 6-0.
RESOLUTION NO, 465-05
RESOLUTION DISPOSING 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
Whereas, pursuant to resolution and published
notice of time and place of hearing, pubiished in
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque,
Iowa on this 23rd day of September, 2005, the
City Council of the City of Dubuque, Iowa met on
the 3rd day of October, 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 sale of reai estate described
as:
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
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and ail objections,
oral or written to the proposal to seil such real
estate, except for easement as noted.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque
real property described as 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 to Grandview University,
LLC be and the same is hereby approved for the
sum of $69,191.54 plus cost of publication,
piatting and filing fees. Conveyance shail be by
Quit Claim Deed.
Section 2. The relocation of ail utiiities and
curbing along the east side of North Grandview
Avenue as indicated on the approved site plans
affected by the vacating of a 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 be engineered,
constructed, and inspected at the expense of
Grandview University, LLC and The Finley
Hospital, in accordance with City of Dubuque
Standards and Specifications. -
Section 3. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
Grandview University, LLC upon receipt of the
purchase price in full.
Section 4. That the City Cierk be and is hereby
authorized and directed to record a certified
copy of this resolution in the offices of the City
Regular Session, October 3, 2005
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 3rd day of
October, 2005.
Joyce E. Connors, Mayor Pro- Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 466-05
RESOLUTION DISPOSING OF CITY
INTEREST IN LOTS C AND D OF
LOETSCHER AND TRUEBS SUBDIVISION 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 23"' day of September, 2005, the
City Council of the City of Dubuque. Iowa met on
the 3" day of October. 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 sale of real estate described
as:
Lots C and D of Loetscher and Truebs
Subdivision in the City of Dubuque, Dubuque
County, Iowa
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real
estate, except for easement as noted.
NOW. THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
373
Section 1. That the saie of City of Dubuque
real property described as Lots C and D of
Loetscher and Truebs Subdivision in the City of
Dubuque. Dubuque County, Iowa to The Finley
Hospital be and the same is hereby approved for
the sum of $30,808.46 plus cost of publication,
platting and filing fees. Conveyance shall be by
Quit Claim Deed.
Section 2. The reiocation of all utilities affected
by the vacating of Lots C and D of Loetscher
and Truebs Subdivision in the City of Dubuque,
Dubuque County, iowa be engineered,
constructed. and inspected at the expense of
Grandview University. LLC and The Finley
Hospital, in accordance with City of Dubuque
Standards and Specifications.
Section 3. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
The Finley Hospital upon receipt of the purchase
price in full.
Section 4. 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 3" day of
October. 2005.
Joyce E. Connors, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC. City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
Fiscal Year 2006 Budget Amendment: Proof
of publication on notice of hearing to consider
the first amendment to the Fiscal Year 2006
budget and City Manager recommending
approval. presented and read. Buol moved that
the proof and communication be received and
filed. Seconded by Nicholson. Motion carried
6-0.
374
Special Session, September 12, 2005
CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION
To the Auditor of DUBUaue County, Iowa:
The City Coundl of DUBUQUE in said County/Counties met on October 3. 2005
,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to
publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against
the amendment.
The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave
final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, If any.
thereupon, the following resolution was Introduced.
RESOLUTION No. 467-05
A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE ASCAL YEAR ENDING JUNE: 2006
(AS AMENDED LAST ON .)
Be "Resotved by the Council of the City of ' DUBUQUE
Section 1. Following notice published Seotember 21, 2005
and the public hearing held, October 3, 2005 the current budget (as previously amended) is amended as set out
herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing:
Revenues & Other Financing Sourcu
T_Lev\8don 1
Less:Unoollectted TBll85-l.8vyV", 2
Net CUnwnt Property Tu" 3
Dell P Taxes 4
TIFRevenu8lI 5
Other T_ 6
llc8nsn&PennllI 7
Use of andP 8
,""" 9
Charges for Servlees 10
S AssesBrnenlS 11
Mlscelaneous 12
OIherFlnencI Sources 13
otal Rnfil.... and Other Sou"*, 14
Current
Amendment
0 0
15,500,377 15,500,377
0 0
3,500,451 3,500,451
10,741,021 10,741,021
2,859,547 2,859,547
17,309,936 17,298,841
26,264,876 43,202,112
21,391,088 21,560,443
955,734 1,435,705
3,839,766 4,581,666
44,436,162 61,649,662
146,798,958 182,329,825
9,246,015 290,245 9,536,260
761 ,893 131,160 893,053
8,097,898 143,818 8,241,716
9,537,126 266,326 9,803,452
4,635,891 59,046 4,694,937
2,864,911 0 2,864,911
30,950,490 23,511,858 54,462,348
85,442,179 24,582,284 110,024,463
30,297,467 20,781,993 51,079,460
115,739,646 45,364,277 161,103,923
33,098,612 23,108,500 56,207,112
148,838,258 68,472,777 217,311,035
0 NIA 0
17,781,002 32,941,910 50,722,912
15,741,702 0 15.741,702
day of October, 2005
(-.ItlIV_J 6. ~
~rl'
SignlIl\IrIl
Mayor Pro-Tern
Expendltu.... & Other Financing U...
Pubic 15
Publk:WOI'ks 16
Health eoo Sodal Services 17
ClMure eoo RecreatIon 18
Commu and Economic Development 19
GenBnIl Government 20
DllbtServIce 21
Co """"" 22
Total Government AdlvItiBs Expenditures 23
BuslnessT IE rIsIiI$ 24
obi Gov ActIYttles & Bu.lneu Exptndlturn 25
Tral'lSflilrsOut 26
TotIIl bpmdlturHITran."" Out 27
beess R.v.n.... & Oth... Souren Ovsr
(Und.r) ExpsndlturulTranshtrs Out Fiscal VN' 28
Contlnul roprlstlon 29
B Inning Fuoo Belanr;:e July 1 30
Endlnll Fund S.llnctl Jun. SO 31
~.. . ~.:22) 3<d
.~/~ . .."
"",.""
ettyCleOO'Fll'\llnr;:eQfficer
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
Regular Session, October 3, 2005
375
North Grandview Sanitary Sewer and Water
Main Installation Project: Proofs of publication
on notice to bidders and notice of hearing to
consider the plans and specifications for the
North Grandview Sanitary Sewer and Water
Main installation Project and City Manager
recommending award of the contract to Connolly
Construction in the amount of $226,161 and
approval to increase the financial assistance to
the developer to $78,001, presented and read.
Michalski moved that the proofs and
communication be received and filed.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 468-05
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 31" day of August, 2005,
plans, specifications, forrr of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the North Grandview Estates
- Sanitary Sewer & Water Main 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 3" day of
October, 2005.
Joyce E. Connors, Mayor Pro-Tern
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 469-05
AWARDING CONSTRUCTION CONTRACT
FOR THE WATERMAIN PORTION OF THE
NORTH GRANDVIEW ESTATES - SANITARY
SEWER & WATERMAIN PROJECT
Whereas, sealed bid proposals have been
submitted by contractors for the watermain
portion of the North Grandview Estates -
Sanitary Sewer & Watermain Project pursuant to
Resolution No. 415-05 and notice to bidders
published in a newspaper eublished in the City
of Dubuque, Iowa on the g h day of September,
2005.
Whereas, said sealed proposals were opened
and read on the 22"d day of September, 2005,
and it has been determined that the bid of
Connolly Construction of Peosta, Iowa, in the
amount of $78,001.00 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 Connolly Construction and the
Manager be and is hereby directed to execute a
contract on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 3" day of
October, 2005.
Joyce E. Connors, Mayor Pro-Tern
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 470-05
APPROVING CONSTRUCTION CONTRACT
WITH CONNOLLY CONSTRUCTION FOR THE
WATERMAIN PORTION OF THE NORTH
GRANDVIEW ESTATES - SANITARY SEWER
& WATERMAIN PROJECT
Whereas, the City Council by Resolution No.
469-05 awarded the construction contract for the
watermain portion of the North Grandview
Estates - Sanitary Sewer & Watermain Project
to Connolly Construction; and
Whereas, Connolly Construction 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 3" day of
October, 2005.
Joyce E. Connors, Mayor Pro-Tern
Attest: Jeanne F. Schneider, CMC, City Clerk
Michaiski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 471-05
AWARDING CONSTRUCTION CONTRACT
FOR THE SANITARY SEWER PORTION OF
THE NORTH GRANDVIEW ESTATES -
SANITARY SEWER & WATERMAIN PROJECT
Whereas, sealed bid proposals have been
submitted by contractors for the sanitary sewer
portion of the North Grandview Estates -
Sanitary Sewer & Waterrrain Project pursuant to
Resolution No. 415-05 and notice to bidders
published in a newspaper eublished in the City
of Dubuque, Iowa on the 9 h day of September,
2005.
376
Special Session, September 12, 2005
ACTION ITEMS
Whereas, said sealed proposals were opened
and read on the 2200 day of September, 2005,
and it has been determined that the bid of
Connolly Construction of Peosta, Iowa, in the
amount of $148,160.00 was the lowest bid for
the fumishings of all labor and materials and
perfonming 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 oontract for the above improvement
be awarded to Connolly Construction and the
Manager be and Is hereby directed to execute a
contract on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said oontract 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 3" day of
October, 2005.
Joyce E. Connors, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 472-05
APPROVING CONSTRUCTION CONTRACT
WITH CONNOLLY CONSTRUCTION FOR THE
SANITARY SEWER PORTION OF THE
NORTH GRANDVIEW ESTATES - SANITARY
SEWER & WATERMAIN PROJECT
Whereas, the City Council by Resolution No.
471-05 awarded the construction contract for the
sanitary sewer portion of the North Grandview
Estates - Sanitary Sewer & Watermain Project
to Connolly Construction; and
Whereas, Connolly Construction 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 oontract 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 3'0 day of
October, 2005.
Joyce E. Connors, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seoonded by Nicholson. Motion carried 6-0.
Michalski moved that the rules be reinstated
limiting discussion to the Council. Seoonded by
Nicholson. Motion carried 6-0.
Tri-States' Veteran Museum and Reoognition
Center: Request of Susan M. Dazey to address
the Council to present a preliminary idea for the
formation of a Tri-States' Veteran Museum and
Recognition Center in Dubuque, presented and
read. Cline moved that the communication be
received and filed and referred to the City
Manager. Seoonded by Nicholson. Motion
carried 6-0.
Susan Dazey, 2835 Washington, spoke
clarifying the request for a Veteran's Museum.
Tara Winger: Request of Tara Winger to
address the Council regarding proper housing in
Dubuque for low Inoome, disabled persons,
presented and read. Michalski moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Cline. Motion carried 6-0.
Ms. Winger was not in attendance.
Espresso Drive- Thru: Communication from
Loretta Thompson, Moo Java Inc., requesting to
address the Council regarding a proposed
espresso drive-thru behind Dubuque Disoount
Gas by Wal-Mart; City Manager providing
additional information regarding the espresso
drive-thru and recommending that a traffic study
be required; September 23, 2005 letter from the
Engineering Department to Loretta Thompson,
Moo Java Inc., requesting additional information
regarding the proposed drive-thru and
oommunication from Loretta Thompson
requesting this item be tabled, presented and
read. Cline moved to table this item. Seconded
by Buol. Motion carried 6-0.
Samantha Drive Culvert: . City Manager
providing information regarding the issues
surrOunding the installation of the culvert in the
waterway near Samantha Drive and requesting
City Council direction, presented and read. Cline
moved that the oommunication be received and
filed and referred to the City Manager for
investigation. Seconded by Buol. Motion carried
6-0.
Seippel Road Commercial Park - Final Plat:
City Manager recommending approval of the
final plat of Seippel Road Commercial Park,-
presented and read. Buol moved that the
communication be received and filed.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 473- 05
A RESOLUTION APPROVING THE FINAL
PLAT SEIPPEL ROAD COMMERCIAL PARK
IN THE CITY OF DUBUQUE, IOWA.
Regular Session, October 3, 2005
377
Whereas, there has been filed with the City
Clerk a Final Plat Seippel Road Commercial
Park in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears a street
to be known as Seippel Court (Lot B), a portion
of Old Highway Road (Lot A) and a portion of
Seippel Road (Lot C), together with certain
public utility and sewer easements which the
owners by said final plat have 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 2 below; and
Whereas, said final piat 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 pubiic 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 Seippei Court
(Lot B), a portion of Old Highway Road (Lot A)
and a portion of Seippel Road (Lot C), together
with the easements for public utilities, sanitary
sewer, storm sewer and water mains as they
appear upon said final plat, be and the same are
hereby accepted.
Section 2. That the final plat of Seippel Road
Commerciai 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 final plat, provided
the owners of said property herein named,
execute their written acceptance hereto attached
agreeing;
a. To reduce Seippei 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, and in conformance with
construction improvement plans approved by the
City Engineer, and inspected by the City
Engineer.
b. To install sanitary sewer mains and sewer
service laterals into each individual lot, 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 a storm water detention facility
(Lot D) in a manner acceptabie to the City
Engineer in accordance with the improvement
plans dated September 27, 2005 and in
compliance with City of Dubuque Standard
Specifications approved by the City and
inspected by the City Engineer.
d. To construct said improvements, prior to
two (2) years from the date of acceptance of
this resolution, at the sole expense of the owner,
or future owner.
e. To maintain the 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
owner, or future owner.
And further provided that said Tri-State
Development Company, 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 of the property
abutting the publiC right-of-way, 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 piat have been
developed. All vacant lots shall have sidewalks
installed upon development of 80% of the lots
approved by the plat.
Section 4. The developer shall own and
maintain the detention facility (Lot D) until it has
been fully completed and 80% of the sum of the
platted lots in the entire Seippel Road
Commercial Park are fully developed and the
remaining 20% of these lots have had installed
adequate erosion control measures as approved
by the City, and the detention facility has been
accepted by the City Council by resolution.
Upon the City Council's acceptance of the
detention facility, the detention facility shall be
owned and maintained by the City, and the
maintenance expenses incurred by the City for
the storm water detention facility shall be
assessed against all of the lot owners-of Seippel
Road Commercial Park in equal amounts. The
City Manager shall certify such costs to the City
Clerk, who in turn shall promptly certify such
costs to the Dubuque County Treasurer, and
such costs shall then be collected with and in
the same manner as general property taxes in
accordance with provisions of the law.
ISection 5. That prior to the issuance of a
building permit on any lot, a waste water
treatment system which meets all state and local
378
Special Session, September 12, 2005
codes, must be designed by a professional
engineer and approved by the Engineering and
Health Departments of the City of Dubuque. A
permit must be obtained for the private sewage
system from the City of Dubuque Health
Department prior to construction. All lots within
this subdivision shall connect to the City sanitary
sewer system within five (5) years after the
connection to the interceptor sewer has been
made or sooner if the private sewage system(s)
faiis. Payment of Interceptor fees shall be paid
by the owner of each lot prior to connection.
Section 6. 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 Councii Resolution.
Section 7. That in the event Tri-State
Development Company shall fail 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 3" day of
October 2005.
Joyce E. Connors, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
West 32"" Street Detention Basin Design: City
Manager recommending approval of the
proposed design for the West 3200 Street
Detention Basin that includes two wet ponds,
presented and read. Cline moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 6-0.
Cooper Management Company, LLC
(Bricktown) Outdoor Service Application (Tabled
on September 6, 2005): City Manager submitting
an update on the Cooper Management
Company, LLC (Bricktown) outdoor service
liquor application and recommending approval of
the license, presented and read. Cline moved
that the communication be received and filed.
Seconded by Buol. Motion carried 5-1 with
Michalski voting Nay.
RESOLUTION NO. 474-05
Whereas, applications for Liquor Licenses
have been submitted to this Councii 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
Cooper Management Company Bricktown,
Stonewall Lounge, Blackwater Grill
299 Main St
(Outdoor Service)
Passed, approved and adopted this 3rd day of
October, 2005.
Joyce E. Connors, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Buol. Motion carried 6-1 with
Michalski voting Nay.
City of Greenwood: Communication from Harry
L. Smith, Mayor of Greenwood, Mississippi,
thanking the Dubuque Racing Association and
the people of Dubuque for their compassion and
generosity to the evacuees of Hurricane Katrina
and residents of Greenwood, presented and
read. Markham praised Nicholson for bringing
this to the City. Nicholson shared that our City
funds helped set up six families who were
victims of Hurricane Katrina.
PUBLIC INPUT
Ken Bichell spOke apologizing for being late
and clarifying his interest in serving on the
Zoning Advisory Commission.
At 7:45 P.M. Markham moved to go into
Closed Session re: Pending Litigation and
Property Acquisition - Chapter 21.5(1)(c)0) 2005
Code of Iowa. Seconded by Nicholson. Motion
carried 6-0.
At 7:56 P.M. Council reconvened Regular
Session and stated that Staff had been given
proper direction.
There being no further business, Markham
moved to adjourn. Seconded by Nicholson.
Motion carried 6-0. The meeting adjourned at
7:57 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
11 10/12
Regular Session, October 3, 2005
Approve :
Adopted
379
2006
2006
/
380
Regular Session, October 17,2005
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, October 17,
2005
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council
Buol, Cline, Connors, Markham,
Nicholson, City Manager Van
Corporation Counsel Lindahl
Members
Michaiski,
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 Alan Garfield,
Member of Temple Beth-EI.
Proclamations: Arts and Culture Month
(October, 2005) received by William Intrilligator;
and Medicare and You Days (November g and
10, 2005) received by Elaine Cullen, Joan Metz,
Ruby Sutton, and Mary Billmeyer.
CONSENT ITEMS
Minutes and Reports Submitted: Airport
Commission of 9/26; Cable TV Regulatory
Commission of 6/28; Cable TV
Teleprogramming Commission of 5/3 and 9/7;
City Council of 10/3; Civil Service Commission
of 8/18 and 9/2; Historic Preservation
Commission of 9/15 and 10/6; Housing
Commission of 9/28; Long Range Planning
Commission of 9/21; Zoning Advisory
Commission of 10/5, presented .and read. Buol
moved that the minutes be received and filed.
Seconded by Connors. Motion carried 7-0.
Library Board of Trustees Update from the
Meeting of September 27, 2005, presented and
read. Buol moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
Printed City Council Proceedings for month of
July, 2005, presented and read. Buol moved that
the communication be received and filed and
approved as printed. Seconded by Connors.
Motion carried 7-0.
Proofs of publication of City Council
Proceedings of September 19 and October 5,
2005 and List of Claims and Summary of
Revenues for Month Ended July 31, 2005,
presented and read. Buol moved that the proofs
be received and filed. Seconded by Connors.
Motion carried 7-0.
Claims/Suits: Corporation Counsel
recommending settlement of the claim of Steven
Neyens for property damage and directing the
Finance Department to issue payment,
presented and read. Buol moved that the
communication be received and filed and
recommendation approved and Finance
Department to Issue payment. Seconded by
Connors. Motion carried 7-0.
Tri-State Development Company:
Communication from Brian Lammers, Tri-State
Development Company, withdrawing the
rezoning request for property on Seippel Road
that was tabled on September 19, 2005,
presented and read. Buol moved that the
communication be received and filed and
approved the request to withdraw. Seconded by
Connors. Motion carried 7-0.
United States Environmental Protection
Agency: Fact Sheet from the United States
Environmental Protection Agency advising that
the second five-year review for the Peoples
Natural Gas Superfund Site has been
completed, presented and read. Buol moved
that the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
City of Greenwood, Mississippi:
Communication from Harry L. Smith, Mayor of
the City of Greenwood, Mississippi, transmitting
a Proclamation of Thanks and Appreciation to
the City of Dubuque, Iowa from the City of
Greenwood, presented and read. Buol moved
that the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
Dubuque Main Street, Ltd.: Recognition from
Dubuque Main Street, Ltd to the City Council for
the City Arts and Cultural Initiative; to the Arts
Task Force for the City Arts and Cultural
Initiative and to the City of Dubuque for the Bell
Street and West Road / South Port Connector,
presented and read. Buol moved that the
communication be received and filed and called
special attention to the awards to the City and
Commission. Seconded by Connors. Motion
carried 7-0.
Iowa Department of Transportation:
Communication from Mayor Terrance M.
DU9gan to the Iowa Department of
Transportation regarding funding status of the IA
32 (Southwest Arterial) project, presented and
read. Buol moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
Regular Session, October 17,2005
381
Airport Commission CIP Request: City
Manager recommending approval of a request
from the Airport Commission to purchase an
aircraft de-ice vehicle at a cost of $200,000, of
which the FAA will pay $190,000 and the City
$10,000 from the Airport Construction Fund,
presented and read. Buol moved that the
communication be received and filed and
recommendation approved. Seconded by
Connors. Motion carried 7-0.
U.S. 20 Sanitary Sewer Extension Project: City
Manager recommending acceptance of the U.S.
20 Sanitary Sewer Extension Project as
completed by Top Grade Excavating, Inc. in the
final contract amount of $382,102.05, presented
and read. Buol moved that the communication
be received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 475-05
ACCEPTING THE U.S. HIGHWAY 20
SANITARY SEWER EXTENSION PROJECT
Whereas, the contract for the U.S. Highway 20
Sanitary Sewer Extension Project (the Project)
has been compieted 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
Sanitary Sewer Construction Fund appropriation
for the contract amount in the amount of
$357,820.62 less any retained percentage
provided for therein as provided in iowa Code
chapter 573, and to pay such retainage only in
accordance with the provisions of Iowa Code
chapter 573.
Passed, approved and adopted this 17th day
of October, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 476-05
FINAL ESTIMATE
Whereas, the construction contract for the U.S.
Highway 20 Sanitary Sewer Extension Project
has been compieted 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 $415,032.71 and the
said amount shall be paid from the allocation
from the Sanitary Sewer Construction Fund
appropriation ($247,217.73) and special
assessments in the amount of $167,814.98 of
the City of Dubuque, Iowa.
Passed, approved and adopted this 17th day
of October, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION N0.477-05
A RESOLUTION ADOPTING THE FINAL
ASSESSMENT SCHEDULE FOR THE U.S.
HIGHWAY 20 SANITARY SEWER
EXTENSION PROJECT INCLUDING CERTAIN
INFORMATION REQUIRED BY THE CODE OF
IOWA, SPECIFICALLY, THE NUMBER OF
ANNUAL INSTALLMENTS INTO WHICH
ASSESSMENTS ARE DIVIDED, THE
INTEREST ON ALL UNPAID INSTALLMENTS,
THE TIME WHEN THE ASSESSMENTS ARE
PAYABLE AND DIRECTING THE CLERK TO
CERTIFY THE FINAL SCHEDULE AND TO
PUBLISH NOTICE THEREOF
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the
accompanying final schedule of assessments to
be made for the construction of the U.S.
Highway 20 Sanitary Sewer Extension Project
under contract with Top Grade Excavating, Inc.
of Epworth, Iowa, for which the final schedule of
assessments were filed in the office of the City
Clerk on the 21st day of October, 2005, the said
schedule of assessments be and the same is
hereby approved and adopted.
That there be, and is hereby assessed and
levied as a special tax against and upon each of
the lots, the respective sums indicated.
Provided, further, that the amounts shown in
said final schedule of assessments as
deficiencies are found to be proper and levied
conditionally against the respective- properties
benefited by the improvements as shown in the
schedule, subject to the provisions of Section
384.63 of the Code of Iowa. Said assessments
against said lots are hereby declared to be in
proportion to the special benefits conferred and
not in excess of twenty-five percent of the value
of same.
That the City Clerk be and is hereby directed
to certify said schedule to the County Treasurer
of Dubuque County, Iowa, and to publish notice
382
Regular Session, October 17,2005
of said certification once each week for two
consecutive weeks in the manner provided in
Section 362.3, the first publication of which shail
be not more than fifteen days from the date of
filing of the final schedule. On or before the date
of the second publication of the notice, the City
Clerk shail also mail a copy of said notice to
property owners whose property is subject to
assessment, as provided and directed in Section
384.60 of the Code of Iowa.
That assessments may be paid in fuil or in part
without interest at the office of the City
Treasurer, City Hail, 50 W. 13th Street,
Dubuque, Iowa, at any time within 30 days after
the date of the first publication of this notice of
the filing of the final schedule of assessments
with the County Treasurer. After 30 days,
unpaid assessments of $100.00 or more are
payable in 10 annual instailments at the County
Treasurer's Office, Dubuque County
Courthouse, 720 Central, Dubuque, Iowa, and
will draw annuai interest at nine (9) percent
(commencing on the date of acceptance of the
work) computed to the December 1 next
foilowin9 the due dates of the respective
instailments as provided in Section 384.65 of the
Code of Iowa. Each. instailment wiil be
delinquent from October 1 foilowing its due date
on July 1 of each year. Property owners may
elect to pay any annual instailments
semiannuaily in advance.
Passed, approved and adopted this 17th day
of October, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
U.S. HIGHWAY 20 SANITARY SEWER
FINAL SCHEDULE OF VALUATION AND
PROPOSED ASSESSMENTS
OWNER ADDRESS LOT DESCRIPTION
PARCEL NET ASSESSMENT PORTION
OVER 150' CONNECTION FEE
State of Iowa Property Management
Supervisor Lot 4 Westside Commercial Park
10-32-128- 001 $11,493.91 $30,677.26
Broughton Invest.,Bob Lot 1 Siegert's PI 3rd
Addition 10-32-128-009 $10,406.60
Bruggeman, Roger J. fLat 2 Westside
Comm. Park 10-32-128-003 $10,756.00
Link, Robert R. Lot 6 Westside Comm. Park
10-32-128-003 $11,493.91 $1370.84
Word of Life Church Lot 2 Sindt Place 10-
29-477-010 $ 9,874.81
Sindt, Leonard J. & LaVern F. Lot 1 Sindt
Place Section 29, T89N, R2E 10-29-477-
001 $11,493.91, $8.443.43
Bettcher, Leroy & Jeannette 2-1-2-SW
SE exc. The S.32.9 & Lot 2-2- SW SE T89, R2E.
10-29-453-001 $11,493.91 $5,522.44
Bettcher, Leroy & Jeannette 2-2-1 SE SE
& 2-1-2-1 10-29-477-001 $8,824.27
YMU, LLC Lot 1-2-1 SE SE 10-29-
477-003 $11,493.91 $9,296.28
Sindt, Leonard J. & LaVem F. Lot 2-2-1-1 SE
SE &2-1-2-1-1 SE SE 10-29-477-003
$11,493.91 $8.427.34
Sindt, Leonard J. & LaVern Lot 2-1-1-1-2-
1-1 SE SE 10-29-477-04 $11,431.86
Christ, Rodney D.& Donna K. 2-1-1-2-1-1
SE SE 10-29-477-005 $ 9,202.04
Interstate Power Co. 1-1-1 SE SE 2-1-1-1 1-
2-1-1 SE SE 10-29-477-009 $15.443.99
Carol LC 2-1-1-1-1 SW Yo SW Yo 10-28-
352-001 $11,493.91 $8,343.82
Slattery, Timothy J. 2-1-1-1-1-1 SW Yo SW Yo
10-28-352-002 $11,493.91 $3,573.07
Lammers Prop. LLC N Y, 2-1-1 SW Yo SW Yo
10-28-352-003 $ 7,684.06
QHQ Properties S Y, 2-1-1- SW Yo SW
Yo 10-28-352-007 $7,684.06
QHQ Properties W Y, 1-2 & 2 of 2 SW
SW 10-28-352-012 $ $15,075.42
State of iA Prop. Lot 2 Weber Acres
10-32-200-008 $16,296.84
Mgmt. Office ROW State of IA Prop Mgmt
Office ROW Bal. of Lot 1 Weber Acres
10-32-200-010 $76.341.81
TOTALS:$167,814.98 $75,654.47 $123,158.05
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Asbury Plaza Phase i-Acceptance of Public
Improvements: City Manager recommending
acceptance of the public improvements which
the developer, Rubloff Development Group, Inc.
has recently completed in Phase I of Asbury
Piaza, presented and read. Buol moved that the
communication be received and filed. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 478-05
ACCEPTING IMPROVEMENTS IN\
ASBURY PLAZA - PHASE I
Whereas, pursuant to the approved Site Plan
for Asbury Plaza Phase 1 dated May 28, 2002,
certain improvements including sanitary sewer,
sewage lift station, sanitary sewer force main
and watermain were installed by the developer
of Asbury Plaza Phase I.
Whereas, the improvements have been
completed and the City Manager has examined
the work and has filed a certificate stating that
the same has been completed in accordance
with the plans approved by City Engineering and
in conformance with City specifications, and has
recommended that the improvements be
accepted by the City Council.
NOW THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said sanitary
Regular Session, October 17, 2005
383
sewer, sewage lift station, sanitary sewer force
main and watermain improvements in Asbury
Plaza Phase I be and the same is hereby
accepted.
Section 2. That maintenance of said
improvements shall be the responsibility of the
developer, Rubloff Development Group, Inc., for
a period of two years from this date.
Passed, approved and adopted this 17th day
of October, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Civil Service Commission: Civil Service
Commission submitting the certified lists for the
positions of Accountant, Utility Billing
Coordinator and Engineering Technician,
presented and read. Buol moved that the
communications be received and filed and made
a matter of record. Seconded by Connors.
Motion carried 7-0.
September 19, 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
Utility Billing Coordinator was held. We hereby
certify that the individuals listed below have
passed this written examination and filling the
vacancy for this position should be made from
this list and that this list is good for two (2) years
from above date.
UTILITY BilLING COORDINATOR
Tami Ernster
Rose T. Hoerner
Cheryl A. Sheldon
Teresa Behnke
Cheryl L. Steckel
Respectfully submitted:
Merle Duehr, Chairperson
Lares Kluesner
Richard Wertzberger
Civil Service Commission
Buol moved that the communication be
received and filed and made a matter of record.
Seconded by Connors. Motion carried 7-0.
September 19, 2005
Honorable Mayor and Members of the City
Council
I n accordance with Chapter 400 of the 2005
Code of Iowa, an examination for the position of
Accountant was held. We hereby certify that
the individuals listed below have passed this
written examination and filling the vacancy for
this position should be made from this list and
that this list is good for two (2) years from above
date.
ACCOUNTANT
Cheryl A Sheldon
Cheryl L. Steckel
Tami Ernster
Melissa J. McGinnis
Respectfully submitted:
Merle Duehr, Chairperson
loras Kluesner
Richard Wertzberger
Civil Service Commission
Buol moved that the communication be
received and filed and made a matter of record.
Seconded by Connors. Motion carried 7-0.
September 19, 2005
Honorable Mayor and Members of the City
Councii
In accordance with Chapter 400 of the 2005
Code of Iowa, an examination for the position of
Engineering Technician was held. We hereby
certify that the individuals listed below have
passed this written examination and filling the
vacancy for this position should be made from
this list and that this list is good for two (2) years
from above date.
ENGINEERING TECHNICIAN
Brian R. Niemann
Hugh R. McCarron
Kelly S. Ambrosy
Kathy A. Sitzman
Christine V. Petersen
Michael J. Kruser
Nicholas D. Connolly
Thomas E. Rizzolo
Thomas W. Bohnenkamp
Respectfully submitted:
Merle Duehr, Chairperson
loras Kluesner
Richard Wertzberger
Civil Service Commission
Buol moved that the communication be
received and filed and made a matter of record.
Seconded by Connors. Motion carried 7-0.
Key City Properties NO.2 - Final Plat: Zoning
Advisory Commission recommending approval
of the final plat of Key City Properties No. 2
located on North Cascade Road in Dubuque
County, Iowa, presented and read. Buol moved
that the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 479-05
RESOLUTION APPROVING THE FINAL PLAT
OF KEY CITY PROPERTIES PLAT NO.2 IN
DUBUQUE COUNTY, IOWA.
Whereas, there has been filed with the City
Clerk a final plat of Key City Properties Plat No.
2; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and has its approval endorsed thereon; and
384
Regular Session, October 17,2005
Whereas, said final plat has been reviewed by
the City Planner and had her 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 hereto.
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, Lots and Blocks.
Section 2. That the Final Plat of Key City
Properties Plat No. 2 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 subdivision piat.
Passed, approved and adopted this 17th day
of October 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Boat Ramp and Trailer Parking - A.Y.
McDonald Park: City Manager recommending
approval of a grant agreement with the Iowa
Department of Natural Resources for a $50,000
Water Recreation Access Grant to reconstruct
the boat ramp and trailer parking area at Water
Works Park (AY. McDonald Park), presented
and read. Buol moved that the communication
be received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 480-05
RESOLUTION AUTHORIZING AN APPLI-
CATION FOR A WATER RECREATION
ACCESS GRANT FOR BOAT RAMP AND
PARKING ATWATER WORKS PARK
Whereas, the Iowa Department of Natural
Resources provides a Water Recreation Access
Grant Program for constructing or improving
boat access facilities; and
Whereas, the City of Dubuque has determined
that the reconstruction of the boat ramp and
trailer parking at Water Works Park is consistent
with the Riverfront 2000 Plan, a component of
the 2002 Dubuque Comprehensive Plan; and
Whereas, the construction of Water Works
Park is included as a component of the Vision
Iowa grant for the America's River project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the submission of an
application to the Iowa Department of Natural
Resources for a Water Recreation Access Grant
to fund reconstruction of the boat ramp and
trailer parking at Water Works Park Is hereby
approved.
Section 2. That the Planning Services
Manager hereby is authorized to sign and
submit a Water Recreation Access Grant
application for this project.
Passed, approved and adopted this 17th day
of October 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Trailhead - AY. McDonald Park: City Manager
recommending approval of an agreement with
the Iowa Department of Transportation (I DOT)
for a $200,000 Federal Recreational Trails grant
to construct a trailhead facility at Water Works
Park (AY. McDonald Park), presented and read.
Buol moved that the communication be received
and filed. Seconded by Connors. Motion carried
7-0.
RESOLUTION NO. 481-05
RESOLUTION AUTHORIZING A GRANT
AGREEMENT WITH THE IOWA DEPART-
MENT OF TRANSPORTATION FOR FEDERAL
RECREATIONAL TRAIL FUNDS FOR WATER
WORKS PARK TRAILHEAD
Whereas, the City of Dubuque has identified
Water Works Park as an important trailhead
facility to be developed as part of the Heritage
Trail Riverfront System America's River Project;
and
Whereas, the Iowa Department of
Transportation has awarded the City of Dubuque
Federal Recreation Trails Grant for the
development of the Water Works Park
Trailhead; and
Whereas, the City of Dubuque has adopted a
Comprehensive Plan and a Riverfront Plan that
includes goals for development of trailheads and
public parks along the Heritage Trail Riverfront
System.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized to
sign the grant agreement with the Iowa
Department of Transportation for Federal
Recreational Trails Funds for Water Works Park
Trailhead.
Section 2. The City Council hereby provides
its written assurance that the completed project
will be adequately maintained for its intended
use for a minimum of twenty (20) years following
project completion.
Passed, approved and adopted this 17th day
of October 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Regular Session, October 17, 2005
Human Rights Commission: Communication
from Lou Oswald submitting his resignation from
the Human Rights Commission, effective
immediately, presented and read. Buol moved
that the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
2003 International Building Code:
Communication to Mike Connolly requesting
support of the adoption of the 2003 International
Building Code, presented and read. Buol moved
that the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
Samantha Drive: City Manager submitting
additional information regarding the Samantha
Drive drainage issue, presented and read. Buol
moved that the communication be received and
filed. Seconded by Connors. Motion carried 7-
O.
Business License Refund: Request of Carol
A. Meyers for a refund of the cigarette license
for A & B Tap in the amount of $50.00,
presented and read. Buol moved that the
communication be received and filed and refund
approved. Seconded by Connors. Motion carried
7-0.
Business Licenses:
RESOLUTION NO. 482-05
NOVV, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOVVA:
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.
RENEVVAL
Shannon's Bar Shannon's Bar LLC
521 E. 22nd St
Passed, approved and adopted this 17th day
of October, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 483-05
VVhereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
VVhereas, 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.
385
NOVV, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOVVA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS"B" BEER
J & P. O'Hara Inc. Happy Joe's Ice Cream /
Pizza Partor+(Sunday Sale) 855 Century Dr
CLASS "CO BEER PERMIT
5-Point Mart Inc 5-Point Mart+
(Sunday Sale) 405 Rhomberg Av
Aldi, Inc Aldi # 30
2160 Holiday Dr
Passed, approved and adopted this 17th day
of October, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 484-05
VVhereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
VVhereas, 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.
NOVV, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOVVA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS "C" BEER/LIQUOR LICENSE
Carolyn Fonck Channel Inn Restr.+
(Sunday Sale) 2010 Y, Kerper Blvd
DAMA Corp Rainbow Lounge+
(Sunday Sale) 36 vv. 4th St
Europa Haus, Inc Europa Haus Rest &
Bierstube 1301 Rhomberg Av
SPECIAL CLASS "C" LIQUOR
Carroll's VVine Company Grape Harbor+
(Sunday & Outdoor Sale) 123 Main St
Isabella's at the Ryan House Isabella's at the
Ryan House+(Sunday/Outdoor Sale)
1375 Locust St
CLASS "VVBN" VVINE
P.S. I Love You P.S.I-love You
730 Main St
Passed, approved and adopted this 17th day
of October, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Regular Session, October 17,2005
386
Southern Avenue Property Sale: City Manager
recommending that a public hearing be set for
November 7, 2005 to consider disposing of City-
owned property along Southern Avenue to Allan
and Constance Rowell, presented and read.
Cline moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 485-05
INTENT TO DISPOSE OF CITY INTEREST IN
LOT 29, 30, AND 31 OF MINERAL LOT 39,
THE EASTERLY 30' OF LOT 1 OF JOHN
BREAKEY'S DUBUQUE, THE WESTERLY 56'
OF LOT 1 OF JOHN BREAKEY'S DUBUQUE,
LOT 2 OF JOHN BREAKEY'S DUBUQUE,
DUBUQUE, IOWA BY SALE TO ALLAN L.
AND CONSTANCE J. ROWELL
Whereas, Allan L. and Constance J. Rowell
have requested the vacating and purchase of
City of Dubuque property, to wit:
Lot 29, 30, And 31 Of Mineral Lot 39, The
Easterly 30' Of Lot 1 Of John Breakey's
Dubuque, The Westerly 56' Of Lot 1 Of John
Breakey's Dubuque, Lot 2 Of John Breakey's
Dubuque, Dubuque, Iowa (The Property);
pursuant to an Ofter to Buy Real Estate and
Acceptance, a copy of which is attached hereto;
and
Whereas, the City Council of the City of
Dubuque, Iowa has tentatively determined the
Property is no longer required for public use and
that the sale of the Property is in the public
interest and should be approved.
NOW, THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to
dispose of its interest in Lot 29, 30, and 31 of
Mineral Lot 39, the Easterly 30' of Lot 1 of John
Breakey's Dubuque, the Westerly 56' of Lot 1 of
John Breakey's Dubuque, Lot 2 of John
Breakey's Dubuque, Dubuque, Iowa by sale
pursuant to the Ofter to Buy Real Estate and
Acceptance.
Section 2. The City Clerk is hereby authorized
and directed to cause this Resolution and a
notice to be published as prescribed by Iowa
Code Section 364.7 of a public hearing on the
City's intent to dispose of the foregoing-
described Property, to be held on the 7th day of
November, 2005, at 6:30 o'clock p.m. at the
public library auditorium, 11th & Locust,
Dubuque, Iowa.
Passed, approved and adopted this 17th day
of October, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set public hearing for 11nJ05 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 7-0.
Municipal Parking Garage Restoration Project:
City Manager recommending initiation of the
public bidding process for the Municipal Garage
Parking Garage Restoration Project and that a
public hearing be set for December 19, 2005,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 486-05
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 Cierk for public inspection
of the Municipal Parking Garage Restoration
Project (Locust Street Parking Garage And Iowa
Street Parking Garage).
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that on the 9th day of
December, 2005, a public hearing will be held 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, approved and adopted this 17th day
of October, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set public hearing for 12/19/05 at a meeting to
commence at 6:30 P.M. in the public library
auditorium and direct the City Clerk to publistr
notice in the manner prescribed by law.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 487-05
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
The proposed plans, specifications, form of
contract and estimated cost for the Municipal
Regular Session, October 17,2005
Parking Garage Restoration Project (Locust
Street Parking Garage and Iowa Street Parking
Garage), in the estimated amount of $1 ,443,000,
are hereby approved and ordered filed in the
office of the City Clerk, for public inspection.
Passed, approved and adopted this 17th day
of October, 2005
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 488-05
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Municipal Parking Garage
Restoration Project (Locust Street Parking
Garage And Iowa Street Parking Garage) 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 prior to the
receipt of said bids at 2:00 p.m. on the 1 st day of
December, 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 19th day of December, 2005.
Passed, approved and adopted this 17th day
of October, 2005
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Board:
Transit Board of Trustees (Three 3-year terms
through 7/1/08 - terms of Enderson, Lightcap
and Sand) Applicants: George O. Enderson,
Michael W. Sand. No one spoke.
Appointments to the following Commission:
Zoning Advisory Commission (One 3-year
term through 7/1/06): Applicants: Kenneth
Bichell, Matthew Lundh, Darren D. White and
additional applicants Jim Kieffer and David
387
Welsh, who spoke requesting consideration for
appointment.
Vote on the appointment was as follows: Buol
voted for Bichell; Cline voted for Kieffer;
Connors voted for Bichell; Duggan voted for
Kieffer; Markham voted for Kieffer; Michaiski
voted for Bichell; Nicholson voted for Bichell.
Therefore Kenneth Bichell was appointed to the
unexpired three year term on the Zoning
Advisory Commission which will expire 7/1/06.
PUBLIC HEARINGS
Buol moved that the ruies be suspended to
allow anyone present to address the Council.
Seconded by Michalski. Motion carried 7-0.
Royal Oaks Development - 600 Mazzuchelli
Place Rezoning: Communication from A.J.
Spiegel withdrawing the Royal Oaks
Development Corporation's application for
rezoning of property located at 600 Mazzuchelli
Drive; Communication from Sister Margaret Ann
Willging regarding the condominium plans for
Kelly's Bluff; Communication from Dan Grant in
support of the River Pointe project; Proof of
publication on notice of hearing to consider
reclassifying property located at 600 Mazzuchelli
Place from R-2 Two-Family Residential to PUD
Planned Unit Development with PR Planned
Residentiai designation as requested by A.J.
Spiegel, Stott and Associates/Royal Oaks
Development and Zoning Advisory Commission
recommending denial and an Ordinance
amending Appendix A (the Zoning Ordinance) of
the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property
located at 600 Mazzuchelli Drive from R-2 Two-
Family Residential District to PUD Planned Unit
Development District with a PR Planned
Residential District Designation and adopting a
Conceptual Development Plan with conditions,
presented and read. Markham moved that the
communications be received and tiled and
accepted withdrawal. Seconded by Michalski.
Motion carried 7-0.
Martin McNamer/NCR Developers - Manson
Road Rezoning: Proof of publication on notice of
hearing to consider reciassifying property
located on Manson Road from AG Agricultural
District to R-2 Two-Family Residential District as
requested by Martin McNamer/NCR Developers,
LLC, and Zoning Advisory Commission
recommending approval, presented and read.
Buol moved that the proof and communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
Applicant Marty McNamer, 1036 Bonnie Ct.,
spoke requesting the rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
388
Regular Session, October 17, 2005
of Ordinances by reclassifying hereinafter
described property located west of Manson
Road from AG Agricultural District to R-1 Single-
Family Residential District, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 56-05
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY lOCATED WEST OF
MANSON ROAD FROM AG AGRICUTlURAl
DISTRICT TO R-1 SINGLE-FAMilY RESI-
DENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter-described property as shown in
Exhibit A from AG Agricultural District to R-1
Single-Family Residential District.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 17th day
of October 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 21 st day of October, 2005.
Jeanne F. Schneider, City Clerk
11 10/21
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 Nicholson. Motion
carried 7-0. Buol moved final consideration and
passage of the Ordinance. Seconded by
Connors. Motion carried 7-0.
Joseph Walbrun - 4855 Old Highway Road
Rezoning: Proof of publication on notice of
hearing to consider reclassifying property
located at 4855 Old Highway Road from R-3
Moderate Density Multi-Family Residential
District to C-3 General Commercial District as
requested by Joseph Walbrun and Zoning
Advisory Commission recommending denial and
an Ordinance Amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter
described property located at 4855 Oid Highway
Road from R-3 Moderate Density Multi-Family
Residential District to C-3 General Commercial
District, presented and read. Buol moved to
receive and file and return this item to Zoning
Advisory Commission. Seconded by Nicholson.
Motion carried 6-0 with Duggan voting Nay.
Joseph Walbrun spoke in favor of the
requested rezoning and submitted letters from
two adjoining property owners who would be in
favor of their property also being rezoned.
Leo J. Sullivan - 4000 Block of Peru Road
Rezoning:
Proof of publication on notice of hearing to
consider reclassifying property located in the
4000 block of Peru Road from R-1 Single-Family
Residential District to R-2 Two-Family
Residential Zoning District as requested by Leo
J. Sullivan and Zoning Advisory Commission
recommending denial and an Ordinance
Amending Appendix A (the Zoning Ordinance) of
the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property
located in the 4000 Block of Peru Road from R-1
Single-Family Residential District to R-2 Two-
Family Residential District, presented and read.
Buol moved to receive and file and concur with
the denial. Seconded by Nicholson. Motion
carried 6-0 with Duggan abstaining due to
possible conflict of interest.
River Valley Nursery - 2813 Jackson Street
Rezoning: Proof of publication on notice of
hearing to consider reclassifying property
located at 2813 Jackson Street from C-1
Neighborhood Commercial District to C-2
Neighborhood Shopping Center District as
. requested by Wayne Klostermann/River Valley
Nursery and Landscaping, Inc., and Zoning
Advisory Commission recommending denial and
an Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 2813 Jackson
Street from C-1 Neighbomood Commercial
District to C-2 Neighborhood Shopping Center
District, presented and read. Cline moved to
receive and file the documents and refer back to
the Zoning Advisory Commission. Seconded by
Nicholson. Motion carried 6-0 with Duggan
voting Nay.
Wayne Klosterman, 2636 Queen St., spoke in
support of the rezoning.
Jeff Jackson, 2849 White St., spoke in
opposition to the rezoning as the proposed
usage was much more intense than the previous
business.
Rodney Coyle, 2815 Jackson, spoke objecting
as a landscaping business would be dangerous
for children in the area.
Joseph Bitter / Roger Kunde - 55 West 32nd
Street Rezoning: Proof of publication on notice
Regular Session, October 17, 2005
389
of hearing to consider reclassifying property
located at 55 West 32nd Street from R-1 Single-
Family Residential District to Hi Heavy Industrial
District as requested by Joseph Bitter/Roger
Kunde, North End Auto Wrecking, Inc., and
Zoning Advisory Commission recommending
approval, presented and read. Buol moved that
the proof and communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
Attorney Joseph Bitter, Roger Kunde and
Steve Simon all spoke clarifying the requested
rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 55 West 32nd
Street from R-1 Single-Family Residential
District to HI Heavy Industrial District, presented
and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 57-05
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 55 W.32nd
STREET FROM R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT TO HI HEAVY
INDUSTRIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter-described property from R-1
Single-Family Residential District to HI Heavy
Industrial District, to wit:
Lot of Lot 1 of Lot 1 Heims Subdivision, and to
the centerline of the adjoining public right-of-
way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law. .
Passed, approved and adopted this 17th day
of October 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 21st day of October, 2005.
Jeanne F. Schneider, City Clerk
1t 10/21
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 Nicholson. Motion
carried 7-0. Buol moved final consideration and
passage of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
Miller-Riverview Park Electrical Service
Project, Phase II: Proofs of publication on notice
of hearing to consider adoption of the plans and
specifications and notice to bidders for the
Miller-Riverview Park Electrical Service Project-
Phase II and City Manager recommending
award of the contract to Biechler Electric in the
amount of $50,528.50, presented and read.
Markham moved that the proofs and
communication be received and filed. Seconded
by Connors. Motion carried 6-0 with Nicholson
briefly out of the room.
RESOLUTION NO. 489-05
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 19th day of September, 2005,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Miller-Riverview Park
Electrical Service, Phase II 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 17th day
of October, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Connors. Motion carried 6-0 with
Nicholson briefly out of the room.
RESOLUTION NO. 490-05
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Miller-Riverview
Park Electrical Service, Phase ~I Project
pursuant to Resolution No. 449-05, and notice to
bidders published In a newspaper published in
the City of Dubuque, Iowa, on the 23rd day of
September, 2005.
Whereas, said sealed proposals were opened
and read on the 6th day of October, 2005, and it
has been determined that the bid of Biechler
Electric in the amount of $50,528.50 was the
iowest bid for the furnishings of all labor and
390
Regular Session, October 17, 2005
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 Biechier Electric, and the Manager
be and is hereby directed to execute a contract
on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 17th day
of October, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Connors. Motion carried 6-0 with
Nicholson briefly out of the room.
RESOLUTION NO. 491-05
APPROVING CONSTRUCTION CONTRACT
WITH BIECHLER ELECTRIC FOR THE
MILLER-RIVERVIEW PARK ELECTRICAL
SERVICE, PHASE II, PROJECT
Whereas, the City Council by Resolution No.
490-05 awarded the construction contract for the
Miller-Riverview Park Electrical Service, Phase II
Project to Biechler Electric; and
Whereas, Biechler Electric 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 17th day
of October, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Connors. Motion carried 6-0 with
Nicholson briefly out of the room.
Markham moved to reinstate the rules limiting
discussion to the Council. Seconded by Cline.
Motion carried 6-0 with Nicholson briefly out of
the room.
ACTION ITEMS
Espresso Drive Thru (Tabled on October 3,
2005): Cline moved that the following be
removed from the table: Seconded by
Markham. Motion carried 7-0.
Communication from Loretta Thompson, Moo
Java Inc., requesting to address the Council
regarding a proposed espresso drive-thru
behind Dubuque Discount Gas by Wal-Mart;
City Manager providing additional information
regarding the espresso drive-thru and
recommending that a traffic study be required;
September 23, 2005 letter from the Engineering
Department to Loretta Thompson, Moo Java
Inc., requesting additional information regarding
the proposed drive-thru.
Loretta Thompson, 6335 Chucks Court,
Peosta, IA spoke regarding the proposed
espresso drive-through and requested that she
not be required to complete a traffic study as
directed by the City.
Jerry Anderson of Anderson Design, spoke
responding to some of the concerns of the City.
Cline moved that the communications be
received and filed and approved request.
Seconded by Markham. Motion carried 7-0.
Arts and Culture Grant Program for Special
Projects: Arts and Cultural Affairs Advisory
Commission recommending approval the
following grant awards for the FY 2006 Arts and
Culture Grant Program for Loras College (Multi-
Cultural Performing Arts Series); Dubuque Arts
Council (Dubuque Winter Jazz and Blues
Festival); Bell Tower Productions (Honk I Junior);
Dubuque Museum of Art (Arts Trek
Enhancement Program); and Dubuque
Arboretum (Japanese Garden Gate), presented
and read. Michalski moved that the
communication be received and filed and
approved grant awards. Seconded by Buol.
Motion carried 7-0.
Historic PreselVation Commission: Historic
Preservation Commission requesting that the
City Council submit a letter to the School Board
recommending parking options for the new
downtown school and further recommending
that the City Council seek input from the
Housing Commission regarding the potential
impact of these parking options on affordable
housing, and then share the Housing
Commission's report with the School Board,
presented and read. Cline moved that the
communication be received and filed.
Seconded by Connors. Carried by the following
vote: Yeas-Duggan, Nicholson, Cline;
Connors. Nays---Markham, Michalski, 8uol.
Tobacco Compliance - Civil Penalties for
Tobacco Permit Holders: City Manager
recommending acceptance and approval of
AcknowledgemenVSettlement Agreement for
Clark Retail, Inc. and the assessment of a $300
penalty for a tobacco compliance violation and
further recommending that a tobaccc
compliance hearing be held regarding the
Regular Session, October 17, 2005
second tobacco compliance violation by A.W.N.
Stop Mart and if the violation is sustained the
attached order assessing the 2nd violation civil
penalty of $1,500 on or before November 17,
2005 or suspending their tobacco license for
thirty (30) days beginning November 17, 2005,
presented and read. Michalski moved that the
communication be received and filed and
approved Acknowledgement and held the
hearing and assessed the fine. Seconded by
Nicholson. Motion carried 7-0.
No one was present to speak or object to the
issue and penalty.
Residential Parking Permit District Ordinance
Amendment: City Manager recommending
approval of an amendment to the Residential
Parking Permit District Ordinance to provide
special parking permits to empioyees of
businesses providing in-home health care and
hospice services to residents living in a
residential parking permit district, presented and
read. Buol moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
An Ordinance Amending City of Dubuque
Code of Ordinances, Chapter 32, Article VIII,
Division 7 Residential Parking Permit Program
by adding a new Section 389-5 providing for a
special parking permit for home health care
providers, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 58-05
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES, CHAPTER 32, ARTICLE VIII,
DIVISION 7 RESIDENTIAL PARKING PERMIT
PROGRAM BY ADDING A NEW SECTION
389.5 PROVIDING FOR A SPECIAL PARKING
PERMIT FOR HOME HEALTH CARE
PROVIDERS
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 32, Article VIII, Division 7 of
the City of Dubuque Code of Ordinances is
amended by adding the following new section:
Sec. 32-389.5 Home Health Care Providers:
The City Manager may issue, without charge,
to a business providing home health care a
special parking permit that allows an employee
of such business to park in a residential permit
district. Such permit shall only be valid whiie a
home health care employee is at a residence
within the district and is actually engaged in
providing care to a resident of the district. The
permit shall not be available to a self-empioyed
home care provider. The permit may be revoked
by the City Manager for failure to comply with
the requirements of this section.
391
Section 2. This ordinance shall take
effect upon publication.
Passed, approved and adopted this 17'" day of
October,
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 21" day of October, 2005.
Jeanne F. Schneider, City Clerk
1t 10/21
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
carried 7-0. Buol moved final consideration and
passage of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
Notice of Violation: City Manager
recommending approval for the City to issue a
Notice of Violation in lieu of filing a criminal
complaint for a municipal infraction, presented
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
An Ordinance Amending City of Dubuque
Code of Ordinances, Chapter 1, Article II Civil
Penaity, by adding a new Section 1-18 Allowing
the City to issue a notice of violation for
municipal infractions, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 59-05
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES, CHAPTER 1, ARTICLE II CIVIL
PENALTY, BY ADDING A NEW SECTION 1-18
ALLOWING THE CITY TO ISSUE A NOTICE
OF VIOLATION FOR MUNICIPAL
INFRACTIONS
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 1, Article II, of the City of
Dubuque Code of Ordinances is amended by
adding the following new section:
Sec. 1-18 Notice of Violation:
Municipal infractions may be initially brought
upon simple notice of violation and if the person
charged admits the violation, upon payment of
the penalty to the city and the performance of
any other act required by law to be performed,
such person shall not be further prosecuted or
assessed any costs or other expenses for such
violation, and the city shall retain all penalties
thus collected. Where a municipal infraction is
not admitted upon simple notice by the person
charged or where the person charged fails to
perform any other act required to be performed,
or both, a civil citation shall be filed with the
court. A civil citation seeking a penalty for a
392
Regular Session, October 17, 2005
municipal infraction, with or without additional
relief, may be initially filed in the court. This
section does not impose a duty to initially charge
all municipal infractions upon simple notice of
violation.
Section 2. This ordinance shall take effect
upon publication.
Passed, approved and adopted this 17th day
of October, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 21" day of October, 2005.
Jeanne F. Schneider, City Clerk
1t 10/21
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 Nicholson. Motion
carried 7-0. Buol moved final consideration and
passage of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
Roosevelt Street Extension Parking: City
Manager recommending the addition of two-hour
parking to the south side of Roosevelt Street
Extension from Kerper Boulevard to a point 375
feet east of Kerper Boulevard as requested by
Jon Romaine, Area Residential Care, presented
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
An Ordinance Amending Section 32-362(c) of
the Code of Ordinances of the City of Dubuque,
Iowa, providing for two-hour parking by adding
certain portions of Roosevelt Street Extension,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 60-05
AN ORDINANCE AMENDING SECTION 32-
362(c) OF THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA, PROVIDING
FOR TWO-HOUR PARKING BY ADDING
CERTAIN PORTIONS OF ROOSEVELT
STREET EXTENSION
NOW THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa, be amended by deleting
Roosevelt Street Extension from Subsection (c)
of Section 32-362 thereof as follows:
"Sec. 32-362. Prohibited on designated
streets or portions thereof."
(c) Time zones designated.
Two Hour Time Zones
.
.
.
Roosevelt Street Extension, north side, from
Kerper Boulevard to Kilgore Street
Section 2. That the Code of Ordinances of the
City of Dubuque, Iowa, be amended by adding
to Subsection (c) of Section 32-262 the
following:
Roosevelt Street Extension, north side, from
Kerper Boulevard to Kilgore Street and, south
side, from Kerper Boulevard to a point three
hundred seventy-five feet (375') east of Kerper
Boulevard.
Passed, approved, and adopted this 17th day
of October, 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 21" day of October, 2005.
Jeanne F. Schneider, City Clerk
1t 10/21
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 Nicholson. Motion
carried 7-0. Buol moved final consideration and
passage of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Cline requested that City staff look at our
Ordinances with regards to sex offenders.
PUBLIC INPUT
Sister Patricia Conlon of Ecumenical Towers
spoke of the dangerous pedestrian intersection
at 6th and Locust and requested a push-button
light or at least a crosswalk for the safety of the
elderly residents and others.
There being no further business, Connors
moved to adjourn. Seconded by Michalski.
Motion carried 7-0. The meeting adjourned at
9:00 P.M.
Isl Jeanne F. Schneider, CMC
City Clerk
11 10/26
-r-'/
APproved:;T~~M(.{' ?t~
Adopted ;I;~C-<'40
,?tJ
,;?t)
2006
2006 -
.
Regular Session, October 17, 2005
393