Council Proceedings August 2006
Regular Session, August 7, 2006
323
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, August 7, 2006
Council met at 6:30 P.M. in the Public Library
Auditorium
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a
regular session of the City Council called for the
purpose of discussing such matters which may
properly come before the Council.
Invocation was given by Reverend John
Sorenson, Pastor of Lord of Life Lutheran
Church
Proclamations: Responsible Gaming Week
(August 7 - 11 , 2006) received by Carrie T edore
and Shannon Gaherty; Cory Bowman Week
(August 23 - 28, 2006) received by Cory
Bowman and family; Tour de Dubuque Day
(August 26, 2006) received by Mike Martin,
Kevin Pike and Gino Rokusek of the Freedom
Riders
CONSENT ITEMS
Minutes and Reports Submitted: Airport
Commission of 7/9; Arts and Cultural Affairs
Advisory Commission of 5/23 and 6/12; City
Council of 7/19; Housing Commission of 6/27;
Housing Commission Trust Fund Committee of
7/25; Investment Oversight Advisory
Commission of 7/26; Long Range Planning
Advisory Commission of 7/19, presented and
read. Cline moved that the minutes be received
and filed. Seconded by Jones. Motion carried
7-0.
Proof of publication of City Council
Proceedings of July 5, 2006, presented and
read. Cline moved that the proof be received
and filed. Seconded by Jones. Motion carried
7-0,
Library Board of Trustees Update of July 27,
2006, presented and read. Cline moved that the
communication be received and filed. Seconded
by Jones. Motion carried 7-0.
Investment Oversight Advisory Commission
53rd Quarterly Report, presented and read.
Cline moved that the communication be
received and filed. Seconded by Jones. Motion
carried 7-0,
Notice of Claims/Suits: Gary M. Blosch for
property damage; Bernice M. Breitfelder for
property damage; Milton Ernst for property
damage; Emily Freiburger for property damage;
Barbara L. Hansen for personal injuryivehicle
damage; Ralph G. Hemesath for property
damage; Cynthia Henkel and Tracey Tittle for
property damage; Gerald B. Hingtgen for vehicle
damage/personal injury; Jamie Lee Kremer for
property damage; Leo Link for property damage;
Ricky Meyer for personal injury; Gerald Pickel
for property damage; Barbara J. Schnee for
vehicle damage; Gary and Tina Smith for
property damage; Laverne Strohmeyer for
property damage, presented and read. Cline
moved that the communications be received and
filed and referred to the City Attorney for
investigation/report. Seconded by Jones.
Motion carried 7~.
City Attorney advising that the following claims
have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa
Communities Assurance Pool: City of Bellevue
for vehicle damage; Gary M. Blosch for property
damage; Barbara L. Hanson for personal
injury/vehicle damage; Cynthia Henkel and
Stacey Tittle for property damage; Gerald
Hingtgen for personal injury/property damage;
Jane M. Jaeger for property damage; Robert
Kaesbauer for property damage; Leo Link for
property damage; Ricky Meyer for personal
injury; Gerald F. Pickel for property damage;
Michael Rooney for property damage; Michael
Skahill for property damage; Laverne
Strohmeyer for property damage; Bernice M.
Breitfelder for property damage; Ralph G.
Hemesath for property damage; Jamie Lee
Kremer for property damage; Barbara J. Schnee
for vehicle damage; and Gary and Tina Smith for
property damage, presented and read. Cline
moved that the communications be received and
filed and concurred. Seconded by Jones.
Motion carried 7-0.
Dubuque Bank and Trust: Communication
from Nelson Klavitter, Dubuque Bank and Trust,
requesting voluntary annexation of property
located at 2690 Rockdale Road into the City of
Dubuque, presented and read. Cline moved
that the communication be received and filed
and referred to the City Manager. Seconded by
Jones. Motion carried 7-0.
Requests to Purchase: Communication from
Stephen J. Schmall, Loras College, requesting
to purchase a portion of a City-owned alley
abutting their property and communication from
KC Jones, Airgas-North Central, Inc., requesting
324
Regular Session, August 7, 2006
to purchase a portion of Kerper Boulevard as it
abuts property being purchased at 2240 Kerper
Boulevard, presented and read. Ciine moved
that the communications be received and filed
and referred to the City Manager. Seconded by
Jones. Motion carried 7-0.
2007 Fireworks Display: Request of the
Dubuque Jaycees, KDTH, KATF, KGRR and
The River to conduct a fireworks display on
Tuesday, July 3, 2007 on Volunteer Road
between Hawthorne and Lime, with a rain date
of July 4, 2007, presented and read. Cline
moved that the communication be received and
filed and approved request. Seconded by
Jones. Motion carried 7-0.
Department of the Army: Communication from
the Department of the Army advising of public
meetings to be held by the Mississippi River
Commission, presented and read. Cline moved
that the communication be received and filed.
Seconded by Jones. Motion carried 7-0.
Certified Local Government (CLG) Program
Grant Application: City Manager recommending
support for an application to the State Historical
Society of Iowa for a Fiscal Year 2007 Certified
Local Government (CLG) Grant to conduct a
Phase I Four Mounds Archeological
investigation, presented and read. Cline moved
that the communication be received and filed.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 343-06
RESOLUTION AUTHORIZING THE SUB-
MISSION OF AN APPLICATION FOR
CERTIFIED LOGAL GOVERNMENT (CLG)
PROGRAM FUNDING TO CONDUCT A
PHASE I ARCHEOLOGICAL INVESTIGATION
AT FOUR MOUNDS ESTATE
Whereas, the State Historical Society of Iowa
(SHSI) has announced the availability of
Certified Local Government Program (CLG)
grant funds; and
Whereas, the intensive survey and evaluation
of archeoiogical resources are eligible activities
for CLG funding; and
Whereas, the Four Mounds archeological site
and the Four Mounds Estate are listed on the
National Register of Historic Places and
designated as a iocallandmark site.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the submission of an
application for CLG funds to conduct the Phase I
Archeological Investigation at Four Mounds
Estate is hereby authorized.
Section 2. That the Planning Services
Manager is hereby authorized to sign the
contract with and submit requests for
reimbursements to the SHSI for CLG funds to
conduct a Phase I Archeological Investigation at
Four Mounds Estate if the grant is awarded.
Section 3. That the City of Dubuque agrees to
abide by all local, state and federal requirements
applicable to the proposed project.
Passed, approved and adopted this 7th day of
August 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Emergency Preparedness and Security
Information: City Manager recommending
approval of a resolution providing for the
confidentiality of emergency preparedness
information and security procedures where, if
disclosed, could reasonably be expected to
jeopardize the safety of City employees, visitors,
persons, or property, presented and read. Cline
moved that the communication be received and
filed. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 344-06
ADOPTING A SECURITY INFORMATION
POLICY FOR THE CITY OF DUBUQUE, IOWA
WHEREAS, Iowa Code ~ 22.7(52) provides
that information concerning security procedures
or emergency preparedness information
developed and maintained by a government
body for the protection of governmental
employees, visitors to the government body,
persons In the care, custody, or under the
control of the government body, or property
under the jurisdiction of the government body, if
disclosure could reasonably be expected to
jeopardize such employees, visitors, persons, or
property shall be kept confidential, unless
otherwise ordered by a court, by the lawful
custodian of the records, or by another person
duiy authorized to release such information; and
WHEREAS, Iowa Code ~ 227.(52) further
provides that such information includes but is
not limited to information directly related to
vulnerability assessments; information contained
in records relating to security measures such as
security and response plans, security codes and
combinations, passwords, restricted area
passes, keys, and security or response
procedures; emergency response protocols; and
information contained in records that if disclosed
would significantly increase the vulnerability of
critical physical systems or infrastructures of a
government body to attack; and
WHEREAS, Iowa Code ~ 22.7(52) further
provides that such confidentiality requirement
only applies to information held by a government
body that has adopted a rule or policy identifying
the specific records or class of records to which
this subsection applies and which is contained in
such a record.
Regular Session, August 7,2006
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following policy on restriction of
security information is hereby adopted:
Security Information Policy
For the protection of the city employees,
visitors to city facilities, persons in city care,
custody or control, and for the protection of city
property, the city council hereby adopts this
Security Information Policy, pursuant to Iowa
Code S 22.7(52).
1. The following pubiic records shall be kept
confidential unless otherwise ordered by a court,
by the lawful custodian of the records, or by
another person duly authorized to release such
information:
(a) Information directly related to vulnerability
assessments;
(b) information relating to security measures
such as security and response plans, security
codes and combinations, passwords, restrided
area passes, keys, and security or response
procedures;
(c) Emergency response protocols;
(d) Architectural, engineering or construction
diagrams; and
(e) Information contained in records that if
disclosed would significantly increase the
vulnerability of critical physical systems or
infrastructures of the city to attack.
2. "Public records" includes all records,
documents, tape, or other information, stored or
preserved in any medium, of or belonging to this
city.
3. The City Manager shall be responsible for
implementing the requirements of this policy.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Engineering Services Contract Award for the
Clear Well/Baffling Rehabilitation Project: City
Manager recommending approval of the
selection of Veenstra & Kimm, Inc., to provide
engineering services for the Clear Well/ Baffling
Rehabilitation Project in the amount of $62,000,
presented and read. Cline moved that the
communication be received and filed and
recommendation approved. Seconded by Jones.
Motion carried 7-0.
Community Economic Betterment Account
(CEBA) Loan - Sedgwick CMS: City Manager
recommending approval of the execution of a
CEBA Loan Agreement by and among the Iowa
Department of Economic Development,
Sedgwick CMS and the City of Dubuque,
presented and read. Cline moved that the
325
communication be received and filed. Seconded
by Jones. Motion carried 7-0.
RESOLUTION NO. 345-06
A RESOLUTION AUTHORIZING THE
EXECUTION OF A COMMUNITY ECONOMIC
BETTERMENT ACCOUNT LOAN
AGREEMENT FOR ONE HUNDRED AND
FIFTY THOUSAND DOLLARS ($150,000)
WITH SEDGWICK CMS
Whereas, the Community Economic
Betterment Account (CEBA) program has been
created by the Iowa Department of Economic
Development to assist in the economic
development efforts of local jurisdictions; and
Whereas, in March 2006, the City of Dubuque,
Iowa was awarded a one hundred and fifty
thousand dollar ($150,000) loanlforgivable ioan
from the CEBA program by the iowa Department
of Economic Development; and
Whereas, the City of Dubuque, Iowa desires to
assist Sedgwick CMS in its efforts to locate its
operations in Dubuque and create new,
permanent employment opportunities for local
citizens; and
Whereas, a CEBA Loan Agreement, hereto
attached and by this reference made a part
hereof, is to be executed between the Iowa
Department of Economic Development,
Sedgwick CMS and the City of Dubuque, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor and Corporation
Counsel be and they are hereby authorized and
directed to endorse, on behalf of the City
Council of the City of Dubuque, Iowa, the
attached CEBA Loan Agreement.
Section 2. That the City Manager be and he is
hereby authorized to disburse loan funds to
Sedgwick CMS from the CEBA program in
accordance with the terms and conditions of the
executed Agreement.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buot, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resoiution.
Seconded by Jones. Motion carried 7-0.
Handan City: Communication from Ding
Ynghui, Vice-Mayor of Handan City, thanking
the City of Dubuque for the hospitality received
during their recent visit and inviting the Mayor
and City Council to Handan City, presented and
read. Michalski moved that the communication
be received and filed. Seconded by Cline.
Motion carried 7-0.
Sisters of St. Francis: Communication from the
Sisters of St. Francis requesting that the City
Council develop a comprehensive plan to
326
Regular Session, August 7, 2006
reduce carbon emissions into the atmosphere,
presented and read. Braig moved that the
communication be received and filed and
thanked the Sisters for the attention to the
environment. Seconded by Connors. Motion
carried 7-0.
Legislative Communications: Communication
to local legislators in appreciation of their vote
against efforts to override Govemor Vilsack's
veto of HF 2351 regarding the use of eminent
domain and communication to Senator Tom
Harkin and Senator Charles Grassiey
expressing opposition to H.R. 5252, the
Advanced Telecommunications and Opportunity
Reform Act (ATOR), presented and read. Cline
moved that the communications be received and
filed. Seconded by Jones. Motion carried 7-0.
Community Health Center: City Manager
recommending approval of the payment of
$250,000 in support of the Community Health
Center as authorized through the Fiscal Year
2007 budget, presented and read. Michalski
moved that the communication be received and
filed. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 346-06
AUTHORIZING THE DISTRIBUTION OF
$250,000 TO THE TRI-STATE COMMUNITY
HEALTH CENTER IN DUBUQUE FOR
CAPITAL AND EQUIPMENT FUNDING
WHEREAS, the City Council, in its fiscal year
2007 budget, budgeted $250,000 to be used by
the City of Dubuque (City) to provide a one time
grant to The Tri-State Community Health Center
(TSCHC) for capital and equipment costs; and
WHEREAS, TSCHC will provide
comprehensive primary health care and dental
services, regardless of ability to pay, creating a
medical home for many low income people who
presently use local hospital emergency rooms or
doctors' offices for their source of primary care;
and
WHEREAS, the City's support for the TSCHC
project is consistent with the City of Dubuque
Comprehensive Plan, Neighborhood
Reinvestment Strategy and the Washington
Neighborhood Reinvestment Plan and is aiso
consistent with the Fiscal Year 2007 City
Council Priorities and Major Projects adopted in
September 2005, including "Neighborhood
Crime Reduction Strategy" and "Casket
Company Compietion and Tot Lot;" and
WHEREAS, TSCHC has now requested
distribution from City in the amount of
$250,000.00 for the one time grant to help with
start up costs.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Finance Director is authorized and
directed to distribute $250,000.00 to TSCHC for
the capital and equipment funding in support of
the TSCHC project.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
Environmental Stewardship Advisory Com-
mission: Resignation of Andrea Bixler from the
Environmental Stewardship Advisory Com-
mission, presented and read. Cline moved that
the communication be received and filed.
Seconded by Jones. Motion carried 7-0.
Worker's Compensation Claim: City Manager
recommending settlement of the worker's
compensation claim of Brian Cortez, presented
and read. Cline moved that the communication
be received and filed and recommendation
approved. Seconded by Jones. Motion carried
7-0.
Community Economic Betterment Account
(CEBA) Loan . Kunkel Bounds & Associates,
Inc.: City Manager recommending approval of
the execution of a CEBA Loan Agreement by
and among the Iowa Department of Economic
Development, Kunkel Bounds & Associates, Inc.
and the City of Dubuque, presented and read.
Cline moved that the communication be
received and filed. Seconded by Jones. Motion
carried 7-0.
RESOLUTION NO. 347-06
A RESOLUTION AUTHORIZING THE
EXECUTION OF A COMMUNITY ECONOMIC
BETTERMENT ACCOUNT LOAN
AGREEMENT FOR SEVENTY FIVE
THOUSAND DOLLARS ($75,000) WITH
KUNKEL BOUNDS & ASSOCIATES, INC.
Whereas, the Community Economic
Betlerment Account (CEBA) program has been
created by the Iowa Department of Economic
Development to assist in the economic
development efforts of local jurisdictions; and
Whereas, in March 2006, the City of Dubuque,
Iowa was awarded a seventy five thousand
dollar ($75,000) loaniforgivable loan from the
CEBA program by the Iowa Department of
Economic Development; and
Whereas, the City of Dubuque, Iowa desires to
assist Kunkel Bounds & Associates, Inc. in its
efforts to locate its operations in Dubuque and
create new, permanent employment
opportunities for local citizens; and
Whereas, a CEBA Loan Agreement, hereto
attached and by this reference made a part
hereof, is to be executed between the Iowa
Regular Session, August 7,2006
Department of Economic Development, Kunkel
Bounds & Associates, Inc. and the City of
Dubuque, iowa.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor and Corporation
Counsel be and they are hereby authorized and
directed to endorse, on behalf of the City
Council of the City of Dubuque, iowa, the
attached CEBA Loan Agreement.
Section 2. That the City Manager be and he is
hereby authorized to disburse loan funds to
Kunkel Bounds & Associates, Inc. from the
CEBA program in accordance with the temns
and conditions of the executed Agreement.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Purchase of Property - 1731 Elm Street: City
Manager recommending approval of the
purchase of property located at 1731 Elm Street
to be used for construction of additional parking
at the new Community Health Center, presented
and read. Cline moved that the communication
be received and filed. Seconded by Jones.
Motion carried 7-0.
RESOLUTION NO. 348-06
A RESOLUTION APPROVING THE
ACQUISITION OF REAL ESTATE LOCATED
AT 1731 ELM STREET, IN THE CITY OF
DUBUQUE
WHEREAS, the City of Dubuque intends to
acquire certain properties to provide for
additional parking for the Community Health
Center Project; and
WHEREAS, a purchase agreement has been
finalized with the owner of the third property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves the acquisition of the following legally
described property:
The Northerly half of Lot 158 in East Dubuque
Addition in the City of Dubuque, Iowa according
to the recorded Plat thereof in Dubuque County,
iowa
At the cost of Forty thousand dollars ($40
000).
Section 2. That the City of Dubuque be and is
hereby authorized to accept a Quit Claim deed
from the owner, conveying the owner's interest
to the City of Dubuque, Iowa for the herein
described real estate.
327
Section 3. That the City Clerk be and she is
hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of
the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and she is
hereby directed to forward a copy of this
Resoiution to the Dubuque County Assessor
and the Dubuque County Auditor.
Passed, approved and adopted this 7'h day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Unified Development Code (UDC) Consultant
Contract: City Manager recommending approval
of the contract with JEO Consulting Group, Inc.,
the consultant selected for the preparation of a
Unified Development Code for the Crty of
Dubuque, in the amount of $119,850, presented
and read. Braig moved that the communication
be received and filed and recommendation
approved. Seconded by Connors. Motion carried
7-0.
Comprehensive Plan Update: Long Range
Planning Advisory Commission submitting the
July 2006 Report on the Comprehensive Plan
Update process, presented and read. Cline
moved that the communication be received and
filed. Seconded by Jones. Motion carried 7-0.
City Development Board: Communication from
Steven R. McCann, City Development Board
Administrator, advising that the Board will
consider the City of Dubuque's voluntary
annexation request for property owned by Motor
City LLC, John and Sally Jo Herrig, and Dean
and Patricia Butler at the August 9, 2006 City
Development Board meeting, presented and
read. Cline moved that the communication be
received and filed. Seconded by Jones. Motion
carried 7-0.
Prosperity Eastern Iowa Marketing Efforts:
City Manager recommending approval of a
contract with ECIA to assist in funding a
collaborative marketing effort by Prosperity
Eastern Iowa to promote economic development
opportunities, presented and read. Braig moved
that the communication be received and filed
and approved recommendation. Seconded by
Jones. Motion carried 6-0 with Lynch abstaining.
Transportation Planner - ECIA Agreement:
City Manager recommending approval of a
contract with ECIA to assist in funding a part-
time transportation planner to primarily provide
traffic and transportation planning for the City of
Dubuque Engineering Department and Planning
328
Regular Session, August 7, 2006
Services Department, presented and read.
Cline moved that the communication be
received and filed and approved
recommendation. Seconded by Jones. Motion
carried 7-0.
Subdivision of Lot Conlon Johnson
Development LLC: City Manager recommending
approval to subdivide Parcel F adjacent to the
Dubuque Technology Park to accommodate the
development plans submitted by Conlon
Johnson Deveiopment, LLC, presented and
read. Cline moved that the communication be
received and filed. Seconded by Jones. Motion
carried 7-0.
RESOLUTION NO, 349-06
RESOLUTION APPROVING PLAT OF
SURVEY OF LOT 1 OF F AND LOT 2 OF F IN
DUBUQUE TECHNOLOGY PARK, IN THE
CITY OF DUBUQUE, IOWA-
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a piat
dated July 31, 2006 prepared by Buesing and
Associates describing the division of Lot F of
Dubuque Technology Park to be known as Lot 1
of F and Lot 2 of F of Dubuque Technology Park
in the City of Dubuque, Dubuque County, Iowa;
and
Whereas, said plat conforms to the laws and
statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated July 31, 2006
prepared by Buesing and Associates, relative to
the real estate hereinabove described be and
the same is hereby approved, and the Mayor
and City Clerk be and they are hereby
authorized and directed to execute said plat for
and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto
itself a perpetual easement as shown on the plat
including the right of ingress and egress thereto,
for the purpose of erecting, installing,
constructing, reconstructing, repairing, owning,
operating, and maintaining water, sewer,
drainage, gas, telephone, television cable, fiber
optics, and electric lines as may be authorized
by the City of Dubuque, Iowa.
Section 3. That the City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 350-06
RESOLUTION APPROVING PLAT OF
SURVEY OF DUBUQUE TECHNOLOGY PARK
NO.2 IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
dated July 31, 2006 prepared by Buesing and
Associates describing the division of Lot 2 of F
of Dubuque Technology Park to be known as
Lot 1 and Lot 2 of Dubuque Technology Park
NO.2 in the City of Dubuque, Dubuque County,
Iowa; and
Whereas, said plat conforms to the laws and
statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated July 31, 2006
prepared by Buesing and Associates, relative to
the real estate hereinabove described be and
the same is hereby approved, and the Mayor
and City Clerk be and they are hereby
authorized and directed to execute said plat for
and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto
itself a perpetual easement as shown on the piat
including the right of ingress and egress thereto,
for the purpose of erecting, installing,
constructing, reconstructing, repairing, owning,
operating, and maintaining water, sewer,
drainage, gas, telephone, television cable, fiber
optics, and electric lines as may be authorized
by the City of Dubuque, Iowa.
Section 3. That the City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Subdivision of Lot - First Supply, LLC: City
Manager recommending approval to subdivide
Lot 3 in the Dubuque Industrial Center West 5th
Addition to accommodate First Supply LLC's
need for a five acre expansion site, presented
and read. Cline moved that the communication
be received and filed. Seconded by Jones.
Motion carried 7-0.
RESOLUTION NO. 351-06
RESOLUTION APPROVING PLAT OF
SURVEY LOT 1 OF 3 AND LOT 2 OF 3,
DUBUQUE INDUSTRIAL CENTER WEST 5TH
ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a Piat of
Survey, Lot 1 of 3 and Lot 2 of 3, Dubuque
Industrial Center West 5th Addition in the City of
Regular Session, August 7, 2006
Dubuque, Iowa, dated July 31, 2006, prepared
by IIW Engineers and Surveyors, P.C.,
describing the property to be subdivided, a copy
of which is attached hereto (the Plat); and
Whereas, the Plat conforms to the laws and
statutes pertaining thereto.
NOW THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. The Plat is hereby approved, and
the Mayor and City Clerk are hereby authorized
and directed to execute the Piat for and on
behalf of the City of Dubuque, Iowa.
Section 2. The City Clerk is hereby authorized
and directed to file the Plat and a certified copy
of this resolution in the office of the Recorder, in
and for Dubuque County, Iowa.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Quarterly Investment Report: City Manager
submitting the Finance Department Quarterly
Investment Report for the period of April 1
through June 30, 2006, presented and read.
Cline moved that the communication be
received and filed. Seconded by Jones. Motion
carried 7-0.
Installation of Street Lights - 1105 Locust
Street: Historic Preservation Commission
recommending approval of the installation of
restored antique street lights in the City right-of-
way abutting 1105 Locust Street as requested
by Dave Stuart, presented and read. Cline
moved that the communication be received and
filed and recommendation approved. Seconded
by Jones. Motion carried 7-0.
Fire Training Facility - Connection Charge:
City Manager recommending approval of the
payment of the $4,659.70 sanitary sewer
connection fee for the Dubuque County
Emergency Responder Training Center,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Jones. Motion carried 7-0.
State of Iowa Press Release: Press release
issued by the State of Iowa recognizing the City
of Dubuque Housing Department for their efforts
to develop or preserve independent living units
to ensure people with disability have access to
housing in our community, presented and read.
Michalski moved that the communication be
received and filed and commended the Housing
Service Department. Seconded by Connors.
Motion carried 7-0.
329
Improvement Contracts I Performance,
Payment and Maintenance Bonds: Grand River
Center Fountain Sign Rehabilitation Project and
Five Flags Arena Fall Protection Project,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Jones. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 352-06
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
2 RENEWALS
5-Point Mart Kristina Husemann
405 Rhornbefg
Econofoods Nash Finch Company
3355 JFK Circle
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 353-06
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.
SPECIAL CLASS "CO LIQUOR LICENSE
Chao Chao Charlies Pizza Chao Chao Charlies+
(Sunday Sales) 1895 JFK Rd
Bell Tower Productions Bell Tower Productions
2785 Asbury Rd
L & L Investment Co, LLC Players Sports Bar
1902 Central Ave
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Regular Session, August 7, 2006
330
Conlon Johnson Development LLC
Development Agreement: City Manager
recommending that a public hearing be set for
August 21, 2006 to consider approval of a
Development Agreement and the sale of 4.694
acres of land in Dubuque Technology Park to
Conlon Johnson Development LLC for
construction of a 22,000 square foot office
building, presented and read. Lynch moved that
the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 354-06
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE
AND
FIXING THE DATE FOR A PUBLIC HEARING
OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA ON THE PROPOSED
ISSUANCE OF URBAN RENEWAL TAX
INCREMENT REVENUE OBLIGATIONS AND
THE EXECUTION OF A DEVELOPMENT
AGREEMENT RELATING THERETO WITH
CONLON JOHNSON DEVELOPMENT LLC,
AND PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) is
the owner of the following real property (the
Property);
Lot 4 Block 1 Dubuque Technology Park in the
City of Dubuque, Iowa, according to the
recorded plat thereof and Lot 1 of Dubuque
Technology Park NO.2
And
Whereas, City and Conlon Johnson
Development LLC have entered into a
Development Agreement, subject to the
approval of the City Council, a copy of which is
now on fiie at the Office of the City Clerk, City
Hall, 13th and Central Avenue, Dubuque, Iowa,
pursuant to which City will convey the Property
to Conlon Johnson Development LLC; and
Whereas, the City Council has tentatively
determined that it would be in the best interests
of the City to approve the Development
Agreement, including the conveyance of the
Property to Conlon Johnson Development LLC;
and
Whereas, it is deemed necessary and
advisable that City should authorize Urban
Renewal Tax Increment Revenue obligations, as
provided by Chapter 403 of the Code of Iowa,
and to enter into the Development Agreement
relating thereto for the purpose of carrying out
an Urban Renewal Plan as hereinafter
described; and
Whereas, before said obligations may be
approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of
the proposal and of the time and place of the
meeting at which the City Council proposes to
take action thereon and at which meeting the
City Council shall receive oral and/or written
objections from any resident or property owner
of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to
dispose of its interest in the foregoing-described
Property by Deed to Conlon Johnson
Development LLC.
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 21st day of
August, 2006, at 6:30 o'clock p.m. in the
Auditorium of the Carnegie-Stout Public Library
in Dubuque, Iowa, 11th & Locust, Dubuque,
Iowa.
Section 3. The City Council will also meet at
said time and place for the purpose of taking
action on the matter of authorizing Urban
Renewal Tax Increment Revenue obligations
and the execution of the Development
Agreement relating thereto with Conlon Johnson
Development LLC, the proceeds of which
obligations will be used to carry out certain of
the special financing activities described in the
Urban Renewal Plan for the Dubuque Industrial
Center South Economic Development District,
consisting of the funding of economic
developments grants to Conlon Johnson
Development LLC pursuant to the Development
Agreement under the terms and conditions of
said Urban Renewal Plan. It is expected that the
aggregate amount of the Tax Increment
Revenue obligations will be approximately
$775,000.
Section 4. The Clerk is hereby directed to
cause at least one publication to be made of a
notice of said meeting, in a newspaper, printed
wholly in the English language, published at
least once weekly, and having general
circulation in said City, said publication to be not
less than four days nor more than twenty days
before the date of said meeting on the issuance
of said obligations.
Section 5. That the notice of the proposed
action to issue said obligations shall be in
substantially the form attached hereto.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Lynch moved adoption of the Resolution and
set pUblic hearing for 8/21/06 at a meeting to
commence at 6:30 P.M. in the public library
auditorium and direct the City Clerk to publish
Regular Session, August 7,2006
notice in the manner prescribed by law.
Seconded by Connors. Motion carried 7-0.
US 20 (Devon Drive to Menards) Capacity
Improvements Project: City Manager
recommending initiation of the public bidding
process for the US 20 (Devon Drive to Menards)
Capacity Improvements Project and that a public
hearing be set for September 5, 2006, presented
and read. Lynch moved that the communication
be received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 355-06
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the US 20
(Devon Drive to Menards) Capacity
Improvements Project - Phase I, Traffic Signal
and intelligent Transportation System
Improvements (STP-A-020-9(186)-22-31) in
the estimated amount $190,035.89 are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved this 7'h day of
August, 2006.
Roy D. Buoi, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Lynch moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 356-06
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 piaced same on file in
the office of the City Clerk for public inspection
of the US 20 (Devon Drive to Menards) Capacity
Improvements Project - Phase I, Traffic Signal
and Intelligent Transportation System
Improvements (STP-A-020-9(186)-22-31).
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 51h
day of September, 2006, 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
331
to the day fixed for its consideration. At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement.
Passed, adopted and approved this 7'h day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Lynch moved adoption of the Resolution and
set public hearing for 9/5/06 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 Connors. Motion carried 7-0.
Loras Boulevard Traffic Signalization
Replacement Project: City Manager
recommending initiation of the public bidding
process for the Loras Boulevard Traffic
Signalization Replacement Project and that a
public heating be set for September 5, 2006,
presented and read. Lynch moved that the
communication be received and filed. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 357-06
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Loras
Boulevard Traffic Signalization Replacement
Project in the estimated amount of $361,410.50
are hereby approved and ordered filed in the
office of the City Clerk for public inspection.
Passed, approved and adopted this 7'h day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Lynch moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 358-06
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Loras Boulevard Traffic Signalization
Replacement Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 51h
day of September, 2006, at 6:30 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be heard for
332
Regular Session, August 7, 2006
or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Cierk 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 7'" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Lynch moved adoption of the Resolution and
set public hearing for 9/5/06 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 taw.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 359-06
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Loras Boulevard Traffic Signalization
Replacement Project is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 24th day of August, 2006. 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 5th day of September,
2006.
Passed, approved and adopted this 7'" day of
August, 2006.
Roy D. Buoi, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Lynch moved adoption of the Resoiution.
Seconded by Connors. Motion carried 7-0.
Expansion of First Supply LLC: City Manager
recommending that a public hearing be set for
August 21, 2006 to consider selling five acres of
land in Dubuque industrial Center West to First
Supply LLC to construct a 30,000 square foot
distribution warehouse, presented and read.
Lynch moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 360-06
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE, SETTING
A TIME AND PLACE FOR HEARING ON A
DEVELOPMENT AGREEMENT RELATING
THERETO WITH FIRST SUPPLY LLC AND
PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) is
the owner of the following real property (the
Property):
Lot 1 of 3 of Dubuque Industrial Center West
5th Addition in the City of Dubuque, Iowa;
and
Whereas, City and First Supply LLC have
entered into a Development Agreement, subject
to the approval of the City Council, a copy of
which is now on file at the Office of the City
Clerk, City Hall, 13th and Central Avenue,
Dubuque, Iowa, pursuant to which City will
convey the Property to First Supply LLC; and
Whereas, the City Council has tentatively
determined that it wouid be in the best interests
of the City to approve the Development
Agreement, including the conveyance of the
property to First Supply LLC; and
Whereas, before said obligations may be
approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of
the proposal and of the time and place of the
meeting at which the City Council proposes to
take action thereon and at which meeting the
City Council shall receive oral and/or written
objections from any resident or property owner
of said Cily to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to
dispose of its interest in the foregoing-described
Property by Deed to First Supply LLC pursuant
to the Development Agreement.
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 approve the Development
Agreement and dispose of the foregoing-
described Property, to be held on the 21st day of
August, 2006, at 6:30 o'clock p.m. in the
Auditorium of the Carnegie-Stout Public Library
in Dubuque, Iowa, 11th & Locust, Dubuque,
Iowa.
Section 3. The Clerk is hereby directed to
cause at least one publication to be made of a
notice of said meeting, in a newspaper, printed
Regular Session, August 7, 2006
wholly in the English language, published at
least once weekly, and having general
circulation in said City, said publication to be not
less than four days nor more than twenty days
before the date of said meeting on the issuance
of said obligations.
Section 4. That the notice of the proposed
action shall be in substantially the fonm attached
hereto.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Lynch moved adoption of the Resolution and
set public hearing for 8/21/06 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 Connors. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Boards/Commissions:
Environmental Stewardship Advisory
Commission (One 1-year youth term - tenm of
Miller)
Applicant: Claire Miller No one spoke.
Housing Advisory Trust Fund Committee (One
3-year at-large term through 8/17/09 - term of
Hingtgen) Applicant: Doris M. Hingtgen No
one spoke.
Housing Commission (Three 3-year at-large
terms through 8/17/09 - tenms of Culbertson,
Holz and Grant and one 3-year Section 8 term
through 8/17/09 - term of Plein)
At-Large Applicants: Dorothy A. Culbertson,
Jim Holz No one spoke.
Section 8 Applicant: John J. Plein Mr. Plein
spoke requesting consideration for
reappointment:
PUBLIC HEARINGS
Michalski moved to suspend the rules to allow
anyone present to address the Council.
Seconded by Cline. Motion carried 7-0.
Residential Parking Permit District - Vizaleea /
Keymont Street:
Proof of publication on notice of hearing to
consider a request to form a Residential Parking
Permit District in the Vizaieea / Keymont Street
area and City Manager recommendin9 approval,
presented and read. Connors moved that the
proof and communication be received and filed.
Seconded by Lynch. Motion carried 7-0.
333
Donald Schumacher, 1762 Vizaleea, objected
to the proposed Permit District, stating he should
not have to pay for parking in front of his home.
Lisa McCarthy stated this is Hempstead High
School's problem and they should do something.
As it is now, emergency vehicles can not even
get through when students park closely on the
nearby streets.
Robert Cook, 1819 Vizaleea, spoke in support
of the Residential Parking Penmit District:
Matt Zmudka, 1834 North Court and a student
at Hempstead High School, spoke in opposition
to the proposed district, stating the homeowners
knew they would have parking problems living
next to a school and establishing the district
wouid push the problem to other streets.
Sydney Smith, Hempstead Student Council
President, spoke in opposition to the proposed
Residential Parking Permit District stating it was
unfair to students as it made them walk further.
Rose Manders, 1835 Vizaleea, spoke stating
that the students are rude and act in retaliation.
Howard Haigh, representing a nearby Hillcrest
facility, spoke and stressed concems for
emergency vehicles accessibility.
Dave Olson, 909 Spires Drive, Principal of
Hempstead High School, stated that parking has
been a long time, multi-faceted issue and the
school is trying to address this but with a two
year remodeling program there will be less
space in the parking lots.
Council discussed the ongoing parking issues
near Hempstead and the students' need for
respect of the neighborhood residents.
An Ordinance amending the Code of
Ordinances of the City of Dubuque, Iowa by
adopting a new Section 32-401 providing for the
designation of Vizaleea Drive from Pennsylvania
Avenue to Keystone Drive and Keymont Drive
from Keyway Drive to its westerly terminus as a
Residential Parking Permit District, presented
and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 57-06
AMENDING SECTION 32-262(d) OF THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, PROHIBITING PARKING
ON DESIGNATED STREETS OR PORTIONS
THEREOF BY ADDING A PORTION OF
KEYMONT DRIVE
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 adding
to Subsection (d) of Section 32-262 the
following:
Keymont Drive, Both Sides, from Vizaleea
Drive to its Westerly Terminus.
334
Regular Session, August 7, 2006
Passed, adopted and approved this 7'" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 20~ day of September, 2006.
Jeanne F. Schneider, City Cierk
11 9/20
Connors 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 Lynch. Motion carried
7-0. Jones moved final consideration and
passage of the Ordinance. Seconded by Braig.
Motion carried 7-0.
Cedar Street and Dog Track Wastewater
Pumping Stations Improvement Project: Proof of
publication on notice of hearing to consider
adoption of the plans and specifications for the
Cedar Street and Dog Tract< Wastewater
Pumping Stations Improvement Project and City
Manager recommending approval and award of
the contract to Portzen Construction, in the
amount of $1,400,000, with the possibility of a
$100,000 deduction in the contract price for an
alternative pump selection, presented and read.
Michaiski moved that the proof and
communication be received and filed. Seconded
by Braig. Motion carried 7-0.
RESOLUTION NO. 361-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 5th day of July, 2006, plans,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the Cedar Street and Dog Track Lift
Station Improvements Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was pubiished 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 7'" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 362-06
AWARDING CONSTRUCTION CONTRACT
FOR THE CEDAR STREET AND DOG TRACK
LIFT STATION IMPROVEMENTS PROJECT
Whereas, sealed proposals have been
submitted by contractors for the Cedar Street
and Dog Track Lift Station Improvements Project
pursuant to Resolution No. 292-06 and notice to
bidders published in a newspaper published in
the City of Dubuque, Iowa on the 7th day of July,
2006.
Whereas, said sealed proposals were opened
and read on the 28th day of July, 2006, and it
has been determined that the bid of Portzen
Construction Inc. of Dubuque, Iowa, in the
amount of $ 1,400,000.00 was the iowest bid for
the fumishings of all labor and materials and
performing the work as provided for 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 improvements
be awarded to Portzen Construction Inc. and
the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to retum
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 363-06
APPROVING CONSTRUCTION CONTRACT
WITH PORTZEN CONSTRUCTION INC. FOR
THE CEDAR STREET AND DOG TRACK LIFT
STATION IMPROVEMENTS PROJECT
Whereas, the City Council by Resolution No.
290-06 awarded the construction contract for the
Cedar Street and Dog Track Lift Station
Improvements Project to Portzen Construction
Inc.; and
Whereas, Portzen Construction Inc. has
submitted the attached executed contract and
bond.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The contract and bond attached hereto are
hereby approved.
2. The City Manager is hereby authorized and
directed to execute the contract on behalf of the
City of Dubuque.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Regular Session, August 7, 2006
Michalski moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
National Mississippi River Museum and
Aquarium Expansion Project I Former Adams
Company Building Re-Roof and Structural
Repairs Project: Proof of publication on notice
of hearing to consider adoption of the plans and
specifications for the National Mississippi River
Museum and Aquarium Expansion Project I
Former Adams Company Building Re-Roof and
Structural Repairs Project and City Manager
recommending approval and award of the
contract to Tricon General Construction,
presented and read. Connors moved that the
proof and communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 364-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 7th day of July, 2006, plans,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the National Mississippi River Museum
and Aquarium Expansion Project - Former
Adams Company Building Re-Roof and
Structural Repairs 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 pians, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 7'" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 365-06
AWARDING CONSTRUCTION CONTRACT
FOR THE NATIONAL MISSISSIPPI RIVER
MUSEUM AND AQUARIUM EXPANSION
PROJECT - FORMER ADAMS COMPANY
BUILDING RE-ROOF AND STRUCTURAL
REPAIRS EDA PROJECT NO. 05-01-03816
Whereas, sealed proposals have been
submitted by contractors for the National
Mississippi River Museum and Aquarium
Expansion Project -- Former Adams Company
Building Re-roof and Structural Repairs EDA
Project No. 05-01-03816 pursuant to Resolution
No. 295-06 and notice to bidders published in a
newspaper published in the City of Dubuque,
Iowa on the 7th day of July, 2006. Whereas, said
335
sealed proposals were opened and read on the
27th day of July, 2006, and it has been
determined that the bid of Tricon General
Construction, Inc. of Dubuque, Iowa, in the
amount of $411,220.00 was the lowest bid for
the furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Tricon General Construction, Inc.
and the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol. Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 366-06
APPROVING CONSTRUCTION CONTRACT
WITH TRICON GENERAL CONSTRUCTION,
INC. FOR THE NATIONAL MISSISSIPPI
RIVER MUSEUM AND AQUARIUM
EXPANSION PROJECT -- FORMER ADAMS
COMPANY BUILDING RE-ROOF AND
STRUCTURAL REPAIRS EDA PROJECT NO.
05-01-0381
Whereas the City Council by Resolution No.
365-06 awarded the construction contract for the
National Mississippi River Museum and
Aquarium Expansion Project -- Former Adams
Company Buiiding Re-roof and Structural
Repairs to Tricon General Construction, Inc.;
and
Whereas Tricon General Construction, Inc.
has submitted the attached executed contract
and bond.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The contract and bond attached hereto are
hereby approved.
2. The City Manager is hereby authorized and
directed to execute the contract on behalf of the
City of Dubuque.
Passed, approved and adopted this 7'" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Cierk
336
Regular Session, August 7, 2006
Connors moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Connors moved that the rules be reinstated
limiting discussion to the Councii. Seconded by
Braig. Motion carried 7-0.
ACTION ITEMS
Sidewalk instaliation Delay Request: City
Manager recommending that the request of Mr.
and Mrs. Michael Lombardi, 948 Spires Drive,
and Mr. and Mrs. Richard Soens, 978 Spires
Drive, to delay the instaliation of new public
sidewalk ion the Knight Court side of their
property be approved and that the City's
sidewalk policy be amended, presented and
read. Michalski moved that the communications
be received and filed and approved
recommendation and directed a policy
amendment 10 reflect this change. Seconded
by Conno,,;. Motion carried 7-0.
Liquor License - Gin Rickey's: City Manager
recommending that the liquor license for Gin
Rickey's be approved for a period of six months,
presented and read. Conno,,; moved that the
communication be received and filed. Seconded
by Jones. Motion carried 5-2 with Braig and
Jones voting Nay.
Michalski spoke of concems with the amount
of Police calis to this business. Van Milligen
stressed that the Police wili monitor closely.
RESOLUTION NO. 367-06
Whereas, an application for a Liquor License
has been submitted to this Council for approval
and the same has been examined and
approved; and
Whereas, the premises to be occupied by such
applicant was inspected and found to comply
with the State Laws and ali 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 foliowing named applicant a Liquor
License.
CLASS 'C" LIQUOR LICENSE
HE-FR LId Gin Rickey's
1447 Central Avenue
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 5-2 with
Braig and Jones voting Nay.
Dubuque Screw Products, Inc.: City Manager
submitting a request from Dubuque Screw
Products, Inc. to assign the Purchase
Agreement, but not the Development
Agreement, approved by the City Council on
June 19, 2006 to Beck Construction, Inc.,
presented and read. Cline moved that the
communication be received and filed and
approved request and the City Attomey
authorized to finalize the non-material changes.
Seconded by Conno,,;. Motion carried 7-0.
Fiscai Year 2007 Dubuque County REAP
Plan: City Manager recommending approval of
the City of Dubuque's update of the FY 2007
Dubuque County REAP Plan, submittal of the
FY 2007 REAP grant application of $200,000 for
the Troliey Line Trail at Eagle Point Park and
appointment of a City Council representative
(currently Council Member Joyce Conno,,;) to
the REAP Committee, presented and read.
Michalski moved that the communication be
received and filed and approved recom-
mendation and reappointment of Joyce
Connors. Seconded by Cline. Motion carried 7-
O.
RESOLUTION NO. 368.06
RESOLUTION AUTHORIZING A REAP
GRANT APPLICATION TO THE IOWA
DEPARTMENT OF NATURAL RESOURCES
FOR TROLLEY LINE TRAIL
Whereas, the City of Dubuque has identified
the Troliey Line Trail as an important
recreational facility to be developed as part of
the City's commitment to a citywide bikelhike
network adopted by the City of Dubuque in
1995;and
Whereas, the Iowa Department of Natural
Resources has aliocated grant funds in the
REAP (Resource Enhancement and Protection)
Program for the development of bike/hike trails;
and
Whereas, the C~y of Dubuque has adopted a
Comprehensive Plan that includes goals for
development of bike/hike trails.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized to
sign and the Planning Services Manager is
hereby authorized to submit an application to the
Iowa Department of Natural Resources for
REAP funds for the Troliey Line Trail.
Section 2. That in the event said application is
approved, the City Council hereby provides its
written assurance that the completed project will
be adequately maintained for ~s intended use in
accordance with state requirements.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Regular Session, August 7, 2006
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
iowa League of Cities' Legislative Issues
Survey: City Manager recommending approval
of the City's response to the Iowa League of
Cities' Legislative Issues Survey, presented and
read. Cline moved that the communication be
received and filed and approved response.
Seconded by Connors. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Ann Michalski stated that an article in the New
York Times sounded amazingly like Dubuque.
Roy D. Suol stated that the people at the
Kiwanis Convention were impressed with
Dubuque. Ric Jones stated there were 600+
people at the Kiwanis Convention who were very
impressed with Dubuque and want to come back
again next year.
At 8:37 P.M. Cline moved to go into Ciosed
Session: re: Pending Litigation and Property
Acquisition - Chapter 21.5(1)(c)Q) 2005 Code of
Iowa. Seconded by Connors. Motion carried 7-
O.
At 9:01 P.M. Council reconvened stating that
Staff had been given proper direction.
There being no further business, Cline moved
to adjourn. Seconded by Connors. Motion
carried 7-0. The meeting adjourned at 9:02 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t8/16
337
2006
2006
Mayor
IJJ~/
338
Special Session, August 21, 2006
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, August 21,
2006
Council met in Special Session at 6:00 P.M. in
the Library Auditorium
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen, City Attomey Lindahl
Mayor Buol read the call and stated this is a
special session of the City Council called for the
purpose of meeting with the Human Rights
Commission to receive an update on ADA
Accessibility.
Jim Jarrard, Chair of the Human Rights
Commission and Judy Giesen, Chair of the
Human Rights ADA Subcommittee, reported on
ADA accessibility in Dubuque. Giesen stressed
the importance of the Americans with Disabilities
Act law, the difficulty of a volunteer group to get
the job done, and stated that a staff person
should be assigned to address this issue. She
also requested consideration of hanging
"Proudly Accessible" banners in Dubuque.
Council discussed the importance of this
project, the responsibility of the Commission,
and the possibility of available tax credits and
other incentives to promote accessibility issues.
There being no further business, Michalski
moved to adjoum. Seconded by Cline. Motion
carried 7-0. The meeting adjourned at 6:29 P.M.
Isl Jeanne F. Schneider, CMC
City Clerk
1t8/30
Approved'
~b
0/- ,!/'
J,L-f
2006
2006
~
Regular Session, August 21, 2006
339
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, August 21,
2006
Council met in Regular Session at 6:00 P.M. in
the Library Auditorium
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen, City Attomey Lindahl
Mayor Buol 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 Deacon Dave
McGhee of Nativity Catholic Chunch.
CONSENT ITEMS
Minutes and Reports Submitted: Cable
Teleprogramming Commission of 6/6; City
Council of 8rr; Civil Service of 6/2 6/6 and 6/30'
Historic Preservation Commission of 7/20:
Housing Code Appeals Board of 3/2; librarY
Board of Trustees of 4/27, 6/22 and 7rr; Zoning
Advisory Commission of 8/2, presented and
read. Cline moved that the minutes be received
and filed. Seconded by Connors. Motion carried
7-0.
Proofs of publication of City Council
Proceedings of July 17, 2006 and List of Claims
and Summary of Revenues for month ending
June 30, 2006, presented and read. Cline
moved that the proofs be received and filed.
Seconded by Connors. Motion carried 7-0.
Notice of Claims/Suits: Louise Ehlinger for
personal injury, presented and read. Cline
moved that the claim/suit be received and filed
and referred to the City Attorney for
investigation/report. Seconded by Connors.
Motion carried 7-0.
City Attorney advising that the following claims
have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa
Communities Assurance Pool: Louise Ehiinger
for personal. injury; Milton Ernst for property
damage; Emily Freiberger for property damage,
presented and read. Cline moved that the
communications be received and filed and
concurred. Seconded by Connors. Motion
carried 7-0.
Request to Purchase: Communication from
John Gronen requesting to purchase a portion of
a City-owned alley abutting his property at 1798
Washington Street, presented and read. Cline
moved that the communication be received and
filed and referred to the City Manager.
Seconded by Connors. Motion carried 7-0.
Green Dubuque: Communication from Jake
Werner, 640 Lorimer, regarding the desire for a
green Dubuque and a sustainable future for the
City, presented and read. Cline moved that the
communication be received and filed. Seconded
by Connors. Motion carried 7-0.
Residential Parking Permit District:
Communication from Dorothy and Lisa
McCarthy, 1797 Vizaleea Drive, in appreciation
of the City Council's support for the Residential
Parking Permit District, presented and read.
Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
Certificate of Completion - Marke, LLC
(Vessel Systems): City Manager recommending
approval of the issuance of a Certificate of
Completion to Marke, LLC (Vessel Systems) in
the Dubuque industrial Center West
acknowledging completion of their obligations to
construct Minimum Improvements, presented
and read. Cline moved that the communication
be received and filed and approved
recommendation. Seconded by Connors.
Motion carried 7-0.
PEG Access Capital Grant Expenditure: City
Manager recommending approval of a $5,000
grant from the Capital Grant for Access
Equipment and Facilities Fund to Wahlert High
School/Holy Family Schools for a new digital
camcorder and $5,070 to Mediacom's Public
Access Studio for a camcorder shoulder brace
and wireless intercom system, presented and
read. Cline moved that the communication be
received and filed and approved
recommendation. Seconded by Connors. Motion
carried 7-0.
Legislative Correspondence: Communication
to Senator Charles Grassley, Senator Tom
Harkin and Congressman Jim Nussle regarding
the RIGHT Act, presented and read. Cline
moved that the communication be received and
filed. Seconded by Connors. Motion carried 7-0.
Asbury Road Widening: City Manager
recommending approval of the acquisition plats
and acceptance of the proposed right-of-way
from the Church of the Resurrection, QHQ
Properties, MP Partners and Sam's Real
Estate Business Trust, presented and read.
340
Regular Session, August 21, 2006
Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 369-06
A RESOLUTION APPROVING THE
ACQUISITION PLAT OF A PART OF LOT 1 OF
DR. Q'S PLACE IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA AND ACCEPTING
THE DEDICATION OF RIGHT-OF-WAY FOR
ASBURY ROAD
Whereas, the City 01 Dubuque entered into a
Development Agreement with QHQ Properties
pursuant to which they agreed to survey, plat,
and dedicate right-ol-way along the north side 01
Asbury Road to the City 01 Dubuque; and
Whereas, there has been presented to the City
Council 01 the City 01 Dubuque, Iowa, an
Acquisition Plat 01 a part 01 Lot 1 01 Dr. Q's
Place in the City 01 Dubuque, Iowa, dated April
24, 2006, prepared by Buesing & Associates;
and
Whereas, upon said plat 01 Lot A 01 Dr. Q's
Place in the City 01 Dubuque, Dubuque County,
iowa, appears right-ol-way and pUblic utility
easements, which the owner, by said Acquisition
Plat, has dedicated to the public forever; and
Whereas, the Acquisition Plat conforms to the
laws and statues pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Lot A of Dr.
Q's Place in the City of Dubuque, Dubuque
County, Iowa, for right-of-way and public utilities
as they appear upon said Acquisition Plat, be
and the same are hereby accepted.
Section 2. That the Acquisition Plat is hereby
approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the
Plat for and on behalf of the City of Dubuque,
Iowa.
Section 3. That the City Clerk is hereby
authorized and directed to file the Acquisition
Plat and a certified copy of this resolution in the
office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 21" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resoiution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 370-06
A RESOLUTION APPROVING THE
ACQUISITION PLAT OF A PART OF LOT 1 OF
AAP PLACE IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA AND ACCEPTING
THE DEDICATION OF RIGHT-OF-WAY FOR
ASBURY ROAD
Whereas, the City of Dubuque entered into a
Development Agreement with AAP Partners
pursuant to which they agreed to survey, plat,
and dedicate right-of-way along the north side of
Asbury Road to the City of Dubuque; and
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, an
Acquisition Plat of a part of Lot 1 01 AAP Place
in the City of Dubuque, Iowa, dated April 24,
2006, prepared by Buesing & Associates; and
Whereas, upon said plat of Lot A of AAP Place
in the City of Dubuque, Dubuque County, Iowa,
appears right-of-way and public utility
easements, which the owner, by said Acquisition
Plat, has dedicated to the pUblic forever; and
Whereas, the Acquisition Plat conforms to the
laws and statues pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Lot A of AAP
Place in the City of Dubuque, Dubuque County,
Iowa, for right-of-way and public utilities as they
appear upon said Acquisition Plat, be and the
same are hereby accepted.
Section 2. That the Acquisition Plat is hereby
approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the
Plat for and on behalf of the City of Dubuque,
Iowa.
Section 3. That the City Clerk is hereby
authorized and directed to file the Acquisition
Plat and a certified copy of this resolution in the
office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 21" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 371-06
A RESOLUTION APPROVING THE
ACQUISITION PLAT OF A PART OF LOT 2 OF
SAM'S PLACE IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA AND ACCEPTING
THE DEDICATION OF RIGHT-OF-WAY FOR
ASBURY ROAD
Whereas, the City of Dubuque entered into a
Development Agreement with Sam's Real
Estate Business Trust pursuant to which they
agreed to survey, plat, and dedicate right-of-way
along the north side of Asbury Road to the City
of Dubuque; and
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, an
Acquisition Plat of a part of Lot 2 of Sam's Place
in the City of Dubuque, Iowa, dated June 28,
2006, prepared by Buesing & Associates; and
Whereas, upon said plat of Lot A of Sam's
Place in the City of Dubuque, Dubuque County,
Regular Session, August 21, 2006
Iowa, appears right-of-way and public utility
easements, which the owner, by said Acquisition
Plat, has dedicated to the publiC forever; and
Whereas, the Acquisition Plat conforms to the
laws and statues pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. That the dedication of Lot A of
Sam's Place in the City of Dubuque, Dubuque
County, Iowa, for right-of-way and publiC utilities
as they appear upon said Acquisition Plat, be
and the same are hereby accepted.
Section 2. That the Acquisition Plat is hereby
approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the
Plat for and on behalf of the City of Dubuque,
Iowa.
Section 3. That the City Clerk is hereby
authorized and directed to file the Acquisition
Plat and a certified copy of this resolution in the
ofIice of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 21" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 372-06
A RESOLUTION APPROVING THE
ACQUISITION PLAT OF A PART OF LOT 1 OF
SAM'S PLACE IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA AND ACCEPTING
THE DEDICATION OF RIGHT-OF-WAY FOR
ASBURY ROAD
Whereas, the City of Dubuque entered into a
Development Agreement with QHQ Properties
pursuant to which they agreed to survey, plat,
and dedicate right-of-way along the north side of
Asbury Road to the City of Dubuque; and
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, an
Acquisition Plat of a part of Lot 1 of Sam's Place
In the City of Dubuque, Iowa, dated Aprii 24,
2006, prepared by Buesing & Associates; and
Whereas, upon said plat of Lot B of Sam's
Place in the City of Dubuque, Dubuque County,
iowa, appears right-of-way and public utility
easements, which the owner, by said Acquisition
Plat, has dedicated to the public forever; and
Whereas, the Acquisition Plat conforms to the
laws and statues pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. That the dedication of Lot B of
Sam's Place in the City of DUbuque, Dubuque
County, Iowa, for right-of-way and public utilities
as they appear upon said Acquisition Plat, be
and the same are hereby accepted.
341
Section 2. That the Acquisition Plat is hereby
approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the
Plat for and on behalf of the City of Dubuque,
Iowa.
Section 3. That the City Clerk is hereby
authorized and directed to file the Acquisition
Plat and a certified copy of this resolution in the
office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 21" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Cierk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 373-06
A RESOLUTION APPROVING THE
ACQUISITION PLAT OF A PART OF LOT 1 OF
CHURCH PLACE NO. 2 IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA AND
ACCEPTING THE DEDICATION OF RIGHT-
OF-WAY FOR ASBURY ROAD
Whereas, the City of DUbuque entered into a
Development Agreement with the Church of the
Resurrection, Inc. pursuant to which they agreed
to survey, piat, and dedicate right-of-way along
the north side of Asbury Road to the City of
Dubuque; and
Whereas, there has been presented to the City
Council of the City of Dubuque, iowa, an
Acquisition Plat of a part of Lot 1 of Church
Place No.2 in the City of Dubuque, iowa, dated
April 24, 2006, prepared by Buesing &
Associates; and
Whereas, upon said plat of Lot A of Church
Place No.2 in the City of Dubuque, Dubuque
County, Iowa, appears right-of-way and public
utility easements, which the owner, by said
Acquisition Plat, has dedicated to the public
forever; and
Whereas, the Acquisition Plat conforms to the
laws and statues pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Lot A of
Church Place No. 2 in the City of Dubuque,
Dubuque County, Iowa, for right-of-way and
public utilities as they appear upon said
Acquisition Plat, be and the same are hereby
accepted.
Section 2. That the Acquisition Plat is hereby
approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the
Plat for and on behalf of the City of Dubuque,
Iowa.
Section 3. That the City Clerk is hereby
authorized and directed to file the Acquisition
Plat and a certified copy of this resolution in the
342
Regular Session, August 21, 2006
office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 21" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Dubuque Main Street, Ltd.: City Manager
recommending approval of an agreement
between the Iowa Department of Economic
Development, the City of Dubuque, and
Dubuque Main Street, Ltd., for the purpose of
continuing the Main Street Program in Dubuque,
presented and read. Michalski moved that the
communication be received and filed. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 374-06
RESOLUTION Of SUPPORT AND fiNANCIAL
COMMITMENT fOR THE MAIN STREET
PROGRAM IN DUBUQUE
Whereas, an Agreement between the Iowa
Department of Economic Development,
Dubuque Main Street, Ltd. and the City of
Dubuque for the purpose of continuing the Main
Street Iowa program in DUbuque; and
Whereas, this Agreement is pursuant to
contractual agreements between the National
Trust for Historic Preservation and the Iowa
Department of Economic Development to assist
in the revitalization of the designated Main
Street project area of Dubuque Iowa; and
Whereas, the City Council of Dubuque
endorses the goal of economic revitalization of
the Downtown within the context of preservation
and rehabilitation of its historic buildings and
supports the continuation of the Main Street
Four Point Approach as developed by the
National Trust for Historic Preservation and
espoused by Main Street Iowa.
NOW THEREFORE BE IT RESOLVED by the
City Council of the City of Dubuque, iowa,
meeting in regular session on August 21, 2006,
that the City of Dubuque hereby agrees to
support both financially and philosophically the
work of Dubuque Main Street, Ltd. and
designates the Main Street Board to supervise
the Program Director.
Passed, approved and adopted this 21 st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Collective Bargaining Agreement: City
Manager recommending approval of a collective
bargaining agreement between the City of
Dubuque and the Teamsters Local Union No.
421, presented and read. Cline moved that the
communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 375-06
APPROVING THE AGREEMENT BETWEEN
THE CITY Of DUBUQUE, IOWA, AND THE
TEAMSTERS LOCAL UNION NO. 421 AND
AUTHORIZING THE MAYOR TO SIGN THE
AGREEMENT
Whereas, the Sixty-Fifth General Assembly
adopted the Public Empioyment Relations Act,
Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is a public
employer within the meaning of Section 3 (1) of
the Public Employment Relations Act; and
Whereas, the Teamsters Local Union No. 421
is an employee organization within the meaning
of Section 3 (4) of the Public Employment
Relations Act; and
Whereas, the Teamsters Local Union No. 421,
submitted a request to bargain collectively on
behalf of the employees within its
representation; and
Whereas, bargaining between the parties has
occurred and an agreement has been
concluded.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the terms of the agreement be
approved and the Mayor authorized and directed
to sign the collective bargaining agreement.
Passed, approved and adopted this 21 st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Carnegie Stout Public Library: Communi-
cations in support of the restoration and
renovation plans of the Carnegie Stout Public
Library, presented and read. Cline moved that
the communications be received and filed.
Seconded by Connors. Motion carried 7-0.
Iowa Department of Transportation:
Notification from the Iowa Department of
Transportation that a HMA (Hot Mix Asphalt)
Joint and Crack Sealing Project on US 20 from
Old Highway Road east to the Northwest Arterial
will be let on November 21, 2006, presented and
read. Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
Improvement Contracts / Performance,
Payment and Maintenance Bonds: 2006
Grandview Avenue Concrete Section Repair
Project and Northwest Arterial Hike/Bike Trail
Phase I Project, presented and read. Cline
Regular Session, August 21, 2006
moved that the communications be received and
filed. Seconded by Connors. Motion carried 7-0.
Business License Refund: Refund of Isabella's
at the Ryan House, LLC liquor license in the
amount of $168.75, presented and read. Cline
moved that the communication be received and
filed. Seconded by Connors. Motion carried 7-0.
Liquor License Transfer: Transfer of the liquor
license of the Rotary Ciub of Dubuque from the
Grand Opera House to the Port of Dubuque for
the Rock and Soul Reunion II, presented and
read. Cline moved that the communication be
received and filed and approved transfer.
Seconded by Connors. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 376-06
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 pennit to sell Cigarettes and Cigarette
Papers within said City.
2 NEW
Clark of Dubuque Shahid Mahmood
700 Rhomberg Ave
Gin Rickeys HefeVFrommelt LLC
1447 Central Ave
Passed, approved and adopted this 21st day
of August, 2005.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO, 377-06
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 pennit to sell Cigarettes and Cigarette
Papers within said City.
2 RENEWALS
Murph's Southend Tap
Pam Murphy
55 Locust St
Rick Shannon
521 E. 22nd St
Passed, approved and adopted this 21st day
of August, 2005.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
\
Shannons Bar
343
RESOLUTION NO. 378-06
Whereas, applications for Beer Pennits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "B" BEER (5 - DAY SPECIAL EVENT)
Riverfest Special Events Riverfest Special
Event+(Sunday/Outdoor Sale) 7th & Main
CLASS "C" BEER PERMIT
CSC Gas Inc Clark of Dubuque+
(Sunday Sale) 700 Rhomberg
Rainbo Oil Company Kwik Slop Food
Mart+(Sunday Sale) 2255 Kerper
Sid's Beverage Sid's Beverage+
(Sunday Sale) 2727 Dodge St
TFM Company Oky Doky # 6+
(Sunday Sale) 1256 Iowa St
Passed, approved and adopted this 21st day
of August, 2005.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 379-06
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 compiy
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
Haggerty Enterprises, Inc Ten Pin Tap+
(Sunday Sale) 601 Rhomberg Av
Chad's Bar LLC Total Chaos+
(Sunday Sale) 1700 Central Av
Courts ide, Inc Courtside Sports Bar/Grill+
(Sunday/Outdoor Sale) 2095 Holiday Dr
Clarke College Clarke College+
(Sunday/Outdoor Sale) 1550 Clarke Dr
Fraternal Order of Eagles Eagle Club
(1 Day Outdoor Sale) 1175 Century Dr
CLASS "B" WINE
344
Regular Session, August 21, 2006
TFM Co. Oky Doky # 6 1256
Iowa St
Sid's Sid's Beverage 2727
Dodge St
Passed, approved and adopted this 21 st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Loras College - Request to Vacate: City
Manager recommending that a public hearing be
set for September 5, 2006 to consider a request
from Loras College to vacate and purchase a
portion of a City-owned alley between West 16th
Street and West 17th Street west of Catherine
Street, presented and read. Lynch moved that
the communication be received and filed.
Seconded by Braig. Motion canned 7-0.
RESOLUTION NO. 380-06
RESOLUTION OF INTENT TO VACATE AND
DISPOSE OF CITY INTEREST IN LOT 44A OF
YATES' SUBDIVISION OF OUTLOTS 780 AND
713 IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, Loras College has requested the
vacating and disposal of the westerly 30 feet of
the alley between West 16'" Street and West
17'" Street west of Catherine Street. and
Whereas, IIW Engineers & Surveyors, PC has
prepared and submitted to the City Council a
plat showing the vacated portion of westerly 30
feet of the alley between West 16'" Street and
West 17'" Street west of Catherine Street and
assigned a lot number thereto, which hereinafter
shall be known and described as Lot 44A of
Yates' Subdivision of Outlots 780 and 713 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 City of Dubuque intends to
vacate and dispose of its interest in Lot 44A of
Yates' Subdivision of Outlots 780 and 713 in the
City of Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot 44A of
Yates' Subdivision of Outlots 780 and 713 in the
City of DUbuque, Dubuque County, Iowa, to
Loras College be contingent upon the payment
of $1 ,290.00, plus platting, publication, and filing
fees.
Section 3. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to vacate and dispose of said real estate
to be pUblished in the manner as prescribed by
law.
Passed, approved and adopted this 21" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider CMC
, ,
City Clerk
Lynch moved adoption of the Resolution and
set this for pUblic hearing on Tuesday, 9/5/06, 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 Braig. Motion carried 7-0.
Vacate Unnamed Road Off of Rosedale
Avenue: City Manager recommending that a
public hearing be set for September 5, 2006 to
consider vacating a portion of an unnamed
street off of Rosedale Avenue, presented and
read. Lynch moved that the communication be
received and filed. Seconded by Braig. Motion
carried 7-0.
RESOLUTION NO. 381-06
RESOLUTION OF INTENT TO VACATE AND
DISPOSE OF CITY INTEREST IN AN
UNNAMED ROAD SOUTH OF ROSE DALE
AVENUE NEAR GLEN OAK STREET TO BE
DESCRIBED AS LOTS D, E, F AND G OF
ROSE DALE ADDITION NO.2 IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, the Engineering Department has
requested the vacating and disposal of an
unnamed road south of Rosedale Avenue near
Glen Oak Street; and
Whereas, the Engineering Department has
prepared and submitted to the City Council plats
showing the vacated portion of an unnamed
road south of Rosedale Avenue near Glen Oak
Street and assigned lot numbers thereto, which
hereinafter shall be known and described as
Lots D, E, F and G of Rosedale Addition NO.2 in
the City of Dubuque, Dubuque County, Iowa;
and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this
unnamed road south of Rosedale Avenue near
Glen Oak Street is no longer required for public
use, except for utility easements as noted, and
vacating and sale of said portions of alleys and
streets known as Lots D, E, F and G of
Rosedale Addition 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 City of Dubuque intends to
vacate and dispose of its interest in Lots D, E, F
and G of Rosedale Addition NO.2 in the City of
Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot D of
Rosedale Addition NO.2 In the City of Dubuque,
Dubuque County, Iowa, to Robert C. and Mary
Regular Session, August 21, 2006
E. Timmennan be contingent upon the payment
of $300.00, plus publication and filing fees.
Section 3. That the conveyance of Lot E of
Rosedale Addition NO.2 in the City of Dubuque,
Dubuque County, Iowa, in the City of Dubuque,
Iowa, to Michael J. and Sonya A. Bryson be
contingent upon the exchange of properties.
Section 4. That the conveyance of Lot F of
Rosedale Addition NO.2 in the City of Dubuque,
Dubuque County, Iowa, to John B. and Dana M.
Priest be contingent upon the payment of
$300.00, plus publication and filing fees.
Section 5. That the conveyance of Lot G of
Rosedale Addition NO.2 in the City of Dubuque,
Dubuque County, iowa, to Blum Properties be
contingent upon the payment of $1.00, plus
publication and filing fees.
Section 6. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to vacate and dispose of said real estate
to be published in the manner as prescribed by
law.
Passed, approved and adopted this 21" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Lynch moved adoption of the Resolution and
set this for public hearing on Tuesday, 9/5/06, at
a meeting to commence at 6:30 P.M. in the
public library audijorium and direct the City Clerk
to publish notice in the manner prescribed by
law. Seconded by Braig. Motion carried 7-0.
Fourth Street Extension Vacating: City
Manager recommending that a public hearing be
set for September 5, 2006 to consider vacating
the Fourth Street Extension to reconstruct the
street in this area to provide access to the Shot
Tower and parking areas adjacent to the
brewery, presented and read. Lynch moved
that the communication be received and filed.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 382-06
RESOLUTION OF INTENT TO VACATE LOT
W IN DUBUQUE HARBOR IMPROVEMENT
COMPANY ADDITION IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, the City of Dubuque Engineering
Department has requested the vacating of
Fourth Street Extension; and
Whereas, WHKS & Co. has prepared and
submitted to the City Council a plat showing the
vacated Fourth Street Extension, except for
reserving the utility easements as noted, and
assigned a lot number thereto, which hereinafter
shall be known and described as Lot W in
Dubuque Harbor Improvement Company
Addition in the City of Dubuque, Dubuque
County, Iowa, should be approved.
345
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
vacate Lot W in Dubuque Harbor Improvement
Company Addition in the City of Dubuque,
Dubuque County, Iowa.
Section 2. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to vacate of said real estate to be
published in the manner as prescribed by law.
Passed, approved and adopted this 21" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Lynch moved adoption of the Resolution and
set this for public hearing on Tuesday, 9/5/06, at
a meeting to commence at 6:30 P.M. in the
public library audijorium and direct the City Clerk
to publish notice in the manner prescribed by
law. Seconded by Braig. Motion carried 7-0.
VOluntary Annexation Request: City Manager
recommending that a public hearing be set for
September 18, 2006 to consider a request from
Dubuque Bank and Trust to voluntarily annex
property located at 2690 Rockdale Road into the
City of Dubuque in conjunction with rezoning to
C-3 General Commercial District, presented and
read. Lynch moved to receive and file the
communication and set public hearing for
9/18/06 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 Braig. Motion
carried 7-0.
Asbury Road Eastbound Lane Widening
Project: City Manager recommending initiation of
the publiC bidding process for the Asbury Road
Eastbound Lane Widening Project and that a
public hearing be set for September 18, 2006,
presented and read. Lynch moved that the
communication be received and filed.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 383-06
PRELIMINARY APPROVAL
OF PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, fonn
of contract and estimated cost for the Asbury
Road Eastbound Lane Widening Project, in the
estimated amounts of $119,500 for Phase I and
$114,000 for Phase II are hereby approved and
ordered filed in the office of the City Clerk for
publiC inspection.
Passed, adopted and approved this 21" day of
August, 2006.
Roy D. Buol, Mayor
346
Regular Session, August 21, 2006
Attest: Jeanne F. Schneider, CMC, City Clerk
Lynch moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 384-06
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 Asbury Road Eastbound Lane Widening
Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 18th
day of September, 2006, at 6:30 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for its consideration, At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement.
Passed, adopted and approved this 21 ~ day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Lynch moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 385-06
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Asbury Road Eastbound Lane
Widening Project is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 12'h day of September, 2006. 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 18'h day of
September, 2006.
Passed, adopted and approved this 21" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Lynch moved adoption of the Resolution,
Seconded by Braig. Motion carried 7-0.
Pyatigorsk Park Parking Lot Project: City
Manager recommending initiation of the public
bidding process for the Pyatigorsk Park Parking
Lot Project and that a public hearing be set for
September 18, 2006, presented and read.
Lynch moved that the communication be
received and filed. Seconded by Braig. Motion
carried 7-0.
RESOLUTION NO. 386-06
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Pyatigorsk
Park Parking Lot Project, in the estimated
amount of $45.000, are hereby approved and
ordered filed in the office of the City Clerk, for
pUblic inspection.
Passed, approved and adopted this 21 st day
of August, 2006.
Roy D. Buol. Mayor
Attest: Jeanne F. Schneider, City Clerk
Lynch moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 387-06
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Pyatigorsk Park Parking Lot Project,
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that on the 18th day of
September, 2006, 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
Regular Session, August 21, 2006
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 21 st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Lynch moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 388-06
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Pyatigorsk Park Parking Lot Project is
hereby ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the notice to bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Cierk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2;00 p.m. on
the 7th day of September, 2006. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6;30 p.m. on the 18th day of
September, 2006.
Passed, approved and adopted this 21st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Lynch moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Boards/Commissions:
Housing Commission; (Three 3-year at-large
terms through 8/17/09 - terms of Culbertson,
Holz and Grant) Additional Applicants; Linda
Frommelt, Rachel M. Savage Ms. Frommelt
and Ms. Savage both spoke requesting
consideration for appointment.
Appointments to the following Boards /
Commissions:
Environmental Stewardship Advisory
Commission (One 1-year youth term - term of
Miller) Applicant: Claire Miller Connors
moved that Claire Miller be reappointed to a one
347
year term which will expire 6/1/07. Seconded
by Michalski. Motion carried 7-0.
Housing Advisory Trust Fund Committee (One
3-year at-large term through 8/17/09 - term of
Hingtgen) Applicant: Doris M. Hingtgen
Michalski moved that Doris M. Hingtgen be
reappointed to a three year term to expire on
8/17/09. Seconded by Lynch. Motion carried 7-
O.
Housing Commission (Three 3-year at-large
terms through 8/17/09 - terms of Culbertson,
Holz and Grant and one 3-year Section 8 term
through 8/17/09 - term of Plein) At-Large
Applicants; Dorothy A. Culbertson, Jim Holz
and additional applicants Linda Frommelt and
Rachel M. Savage. Vote on the appointments
was as follows; Michalski voted for Cuibertson,
Holz and Savage. Braig voted for Culbertson,
Holz and Savage. Buol voted for Culbertson,
Holz and Savage. Cline voted for Culbertson,
Holz and Savage. Connors voted for Culbertson,
Holz and Frommett. Jones voted fur Culbertson,
Holz and Savage. Lynch voted for Culbertson,
Frommelt and Savage. Therefore, Dorothy A.
Culbertson and Jim Holz were reappointed and
Rachel M. Savage was appointed to three year
terms on the Housing Commission which will
expire 8/17/09.
Section 8 Applicant: John J. Plein; Michalski
moved that John J. Plein be reappointed to a
three year term on the Housing Commission
which will expire 8/17/09. Seconded by
Connors. Motion carried 7-0.
PUBLIC HEARINGS
Michalski moved that the rules be suspended
to allow anyone present to address the Council.
Seconded by Cline. Motion carried 7-0.
4905 Old Highway Road - Request to Rezone;
Proof of publication on notice of hearing to
consider amending Appendix A (the Zoning
Ordinance) by reclassifying property iocated at
4905 Old Highway Road from R-3 Moderate
Density Multi-Family Residential District to C-3
General Commercial District as requested by
David Bleile and Zoning Advisory Commission
recommending approval, presented and read.
Michalski moved that the proof and
communication be received and filed. Seconded
by Jones. Motion carried 7-0.
David Bleile spoke in favor of the requested
rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) by reclassifying hereinafter
described property located at 4905 Old Highway
Road from R-3 Moderate Density Multi-Family
Residential District to C-3 General Commercial
District, presented and read.
348
Regular Session, August 21, 2006
OFFICIAL PUBLICATION
ORDINANCE NO. 58-06
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 4905 OLD
HIGHWAY ROAD FROM R-3 MODERATE
DENSITY MULTI-FAMILY RESIDENTIAL
DISTRICT TO C-3 GENERAL COMMERCIAL
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-3
Moderate Density Multi-Family Residential
District to C-3 General Commercial District , to
wit:
Westerty 125" of Lot 2 of 1 of 1 of 1 SW V. SE
Yo Section 29, 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 21 st day
of August 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 28th day of August, 2006.
Jeanne F. Schneider, City Clerk
1t 8/28
Michalski 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 Jones. Motion carried
7-0. Michalski moved final consideration and
passage of the Ordinance. Seconded by Braig.
Motion carried 7-0.
Seippel Court - Request to Rezone: Proof of
publication on notice of hearing to consider
amending Appendix A (the Zoning Ordinance)
by reclassifying property located on Seippel
Court from R-2 Two-Family Residential District
to CS Commercial Service and Wholesale
District as requested by Brian Lammers / Tri-
State Development Company and Zoning
Advisory Commission recommending approval,
presented and read. Connors moved that the
proof and communication be received and filed.
Seconded by Braig. Motion carried 7-0.
Brian Lammers spoke in favor of the requested
rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) by reclassifying hereinafter
described property located on Seippel Court
from R-2 Two-Family Residential District to CS
Commercial Service and Wholesale District,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 59-06
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT SEIPPEL
COURT FROM R.2 TWO-FAMILY
RESIDENTIAL DISTRICT TO CS
COMMERCIAL SERVICE AND WHOLESALE
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-2
Two-Family Residential District to CS
Commercial service and Wholesale District, to
wit:
North 40.09' of Lot 2 and Lot 3 Seippel Road
Commercial Park, Plat 2, 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 21 st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 28th day of August, 2006.
Jeanne F. Schneider, City Clerk
11 8/28
Connors 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 Braig. Motion carried
7-0. Connors moved final consideration and
passage of the Ordinance. Seconded by Jones.
Motion carried 7-0.
Conlon Johnson Development LLC
Development Agreement: Proof of publication on
notice of hearing to consider approval of a
Regular Session, August 21, 2006
Development Agreement providing for the sale
of 4.694 acres of land in Dubuque Technology
Park to Conlon Johnson Development LLC for
construction of a 22,000 square foot office
building and City Manager recommending
approval, presented and read. Connors moved
that the proof and communication be received
and filed. Seconded by Cline. Motion carried 7-
O.
Marty Johnson of Straka Johnson ArcMects
spoke in favor of the Development Agreement
and sale.
RESOLUTION NO. 389.06
RESOLUTION APPROVING A DEVELOP-
MENT AGREEMENT PROVIDING FOR THE
SALE OF LOT 4 BLOCK 1 DUBUQUE
TECHNOLOGY PARK IN THE CITY OF
DUBUQUE, IOWA, ACCORDING TO THE
RECORDED PLAT THEREOF AND LOT 1 OF
DUBUQUE TECHNOLOGY PARK NO. 2 TO
CONLON JOHNSON DEVELOPMENT, LLC.
Whereas, the City Council, by Resolution No.
354-06, dated August 7, 2006, declared its intent
to enter into a Development Agreement with
Conlon Johnson Development, LLC for the sale
of Lot 4 Block 1 Dubuque Technology Park in
the City of Dubuque, Iowa, according to the
recorded plat thereof and Lot 1 of Dubuque
Technology Park NO.2 (the Property); and
Whereas, pursuant to published notice, a
publiC hearing was held on the proposed
disposition on August 21, 2006 at 6:30 p.m. at
the Camegie-Stout Public Library Auditorium,
360 W. 11th Street, Dubuque, Iowa.; and
Whereas, it is the determination of the City
Council that approval of the Development
Agreement for the sale to and development of
the Property by Conlon Johnson Development,
LLC according to the terms and conditions set
out in the Development Agreement is in the
public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development
Agreement by and between the City of Dubuque
and Conlon Johnson Development, LLC for the
sale of the Property is hereby approved.
Section 2. That the Mayor is hereby
authorized and directed to execute the
Development Agreement on behalf of the City
and City Clerk is authorized and directed to
attest to his signature.
Section 3. That the Mayor and City Clerk are
hereby authorized and directed to execute and
deliver a Special Warranty Deed for the Property
as provided in the Development Agreement.
Section 4. That the City Manager is authorized
to take such actions as are necessary to comply
with the terms of the Development Agreement
as herein approved.
349
Passed, approved and adopted this 21st day
of August, 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Expansion of First Supply LLC: Proof of
publication on notice of hearing to consider
approval of a Development Agreement with First
Supply LLC and the sale of five acres of land in
Dubuque Industrial Center West 5th Addition for
construction of a 30,000 square foot distribution
warehouse and City Manager recommending
approval, presented and read. Connors moved
that the proof and communication be received
and filed. Seconded by MichalskI. Motion carried
7-0.
Dave Prahler, Vice President of First Supply,
spoke in favor of the Development Agreement
and sale.
RESOLUTION NO. 390-06
RESOLUTION APPROVING A DEVELOP.
MENT AGREEMENT PROVIDING FOR THE
SALE OF LOT 1 OF 3 OF DUBUQUE
INDUSTRIAL CENTER WEST 5TH ADDITION
IN THE CITY OF DUBUQUE, IOWA, TO FIRST
SUPPLY, LLC.
Whereas, the Cijy Council, by Resolution No.
360-06, dated August 7, 2006, declared its intent
to enter into a Development Agreement with
First Supply, LLC for the sale of Lot 1 of 3 of
Dubuque Industrial Center West 5th Addition in
the City of Dubuque, Iowa (the Property); and
Whereas, pursuant to published notice, a
public hearing was held on the proposed
disposition on August 21, 2006 at 6:30 p.m. at
the Carnegie-Stout Public Library Auditorium,
360 W. 11th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City
Council that approval of the Development
Agreement for the sale to and development of
the Property by First Supply, LLC according to
the terms and conditions set out in the
Development Agreement is in the public interest
of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development
Agreement by and between the City of Dubuque
and First Supply, LLC for the sale of the
Property is hereby approved.
Section 2. That the Mayor is hereby
authorized and directed to execute the
Development Agreement on behalf of the City
and City Clerk is authorized and directed to
attest to his signature.
350
Regular Session, August 21, 2006
Section 3. That the Mayor and City Clerk are
hereby authorized and directed to execute and
deliver a Special Warranty Deed for the Property
as provided in the Development Agreement.
Section 4. That the City Manager is authorized
to take such actions as are necessary to comply
with the terms of the Deveiopment Agreement
as herein approved.
Passed, approved and adopted this 21st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Cierk
Connors moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Greater Downtown Urban Renewal Plan:
Proof of publication on notice of hearing to
consider an Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban
Renewal District to extend the boundaries of the
District and City Manager recommending
approval, presented and read. Jones moved that
the proof and communication be received and
filed. Seconded by Michalski. Motion carried 7-
O.
Rhodes "Bud" Isenhart, 8968 Quail Ridge
Court, spoke objecting to the proposed use of
TIF funds. Clarification of proposed plans
concerning the Federal Building and parking
issues was given by City Manager Michael C.
Van Milligen and Economic Development
Director David Heiar.
RESOLUTION NO. 391-06
A RESOLUTION APPROVING THE AMENDED
AND RESTATED URBAN RENEWAL PLAN
FOR THE GREATER DOWNTOWN URBAN
RENEWAL DISTRICT
Whereas, on Juiy 17, 2006 the City Council of
the City of Dubuque, Iowa authorized the
preparation of an Amended and Restated Urban
Renewal Plan (the "Plan") for the Downtown
Dubuque Urban Renewal District (the "District");
and
Whereas, the City of Dubuque's primary
objective in amending this Plan is to provide
opportunities for further redevelopment and
reinvestment in the downtown; and
Whereas, the Long Range Planning
Commission has reviewed the proposed Plan
and has found that said document is consistent
with the Comprehensive Plan for the
development of the City of Dubuque as a whole
and has transmitted its findings to the City
Council; and
Whereas, a consultation process has been
undertaken with affected taxing entities in
accordance with Chapter 403 of the Code of
Iowa with no written objections or recommended
changes to the Plan received; and
Whereas, the City Council, in accordance with
Chapter 403 of the Code of Iowa, has held a
public hearing on the proposed amended and
restated Plan after public notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. That the Amended and Restated
Urban Renewal Pian for the Greater Downtown
Urban Renewal District, attached hereto and
made reference to herein, be approved.
Section 2. That the City Cierk of the City of
Dubuque, Iowa is hereby authorized and
directed to file a certified copy of the Resoiution
in the office of the Dubuque County Recorder.
Passed, approved and adopted this 21st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Jones moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Flora Pool Painting Project: Proof of
publication on notice of hearing to consider
adoption of the plans and specifications for the
Flora Pool Painting Project and City Manager
recommending award of the contract to Fred
Jackson Tuckpointing, Inc. in the amount of
$50,350, presented and read. Cline moved that
the proof and communication be received and
filed. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 392-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
WHEREAS, on the 17th day of July, 2006,
plans, specifications, fonn of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Flora Pool Painting
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 21st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 393-06
AWARDING CONTRACT
WHEREAS, sealed proposals have been
submitted by contractors for the Flora Pool
Painting Project pursuant to Resolution No. 326-
06, and notice to bidders published in a
Regular Session, August 21, 2006
newspaper published in the City of Dubuque,
Iowa, on the 21st day of Juiy, 2006.
WHEREAS, said sealed proposals were
opened and read on the 10lh day of August,
2006, and it has been determined that the bid of
Fred Jackson Tuckpointing, Inc. in the amount of
$50,350 was the lowest bid for the furnishings of
all labor and materials and performing the work
as provided for in the plans and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Fred Jackson Tuckpointing, Inc.,
and the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contracto~s bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 21 st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Cierk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 394-06
APPROVING CONSTRUCTION CONTRACT
WITH FRED JACKSON TUCKPOINTING, INC.
FOR THE FLORA POOL PAINTING PROJECT
Whereas, the City Council by Resolution No.
393-06 awarded the construction contract for the
Flora Pool Painting Project to Fred Jackson
Tuckpointing, Inc.; and
Whereas, Fred Jackson Tuckpointing, Inc. has
submitted the attached executed contract and
bond.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The contract and bond attached hereto are
hereby approved.
2. The City Manager is hereby authorized and
directed to execute the contract on behalf of the
City of Dubuque.
Passed, approved and adopted this 21 st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
Fioodwall Pumping Facility Improvement
Projects: Proof of publication on notice of
hearing to consider adoption of the plans and
specifications for the Floodwall Pumping Facility
Improvement Projects and City Manager
recommending award of the contract to Kluck
351
Construction in the amount of $446,420.80,
presented and read. Cline moved that the proof
and communication be received and filed.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 395-06
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Floodwall
Pumping Station Improvement Projects pursuant
to prior resolution and notice to bidders
published in a newspaper published in the city of
Dubuque, Iowa on the 21st day of July 2006.
Whereas, said sealed proposals were opened
and read on the 9th day of August 2006 and it
has been determined that the base bid of Kluck
Construction of Dubuque, Iowa in the amount of
$223,860.80 was the lowest bid for providing all
labor and materials and performing the work as
provided for in the plans and specifications. The
contract will also include project alternates A, B
and C for the additional cost of $222,560.00.
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 Kluck Construction and the City
Manager be and is hereby directed to execute a
contract on beha~ 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 contracto~s bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 21st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 396-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 17th day of July 2006, pians,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the Floodwall Pumping Station
Improvement Projects.
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.
352
Regular Session, August 21, 2006
Passed, adopted and approved this 21st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 397-06
APPROVING CONSTRUCTION CONTRACT
WITH KLUCK CONSTRUCTION FOR THE
FLOODWALL PUMPING STATION IMPROVE.
MENT PROJECTS
Whereas, the City Council by Resolution No.
396-06 awarded the construction contract for the
Floodwall Pumping Station Improvement
Projects to Kluck Construction; and
Whereas, Kluck 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 21 st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
Connors moved that the rules be reinstated
limiting discussion to the Council. Seconded by
Lynch. Motion carried 7-0.
ACTION ITEMS
Greater Dubuque Development Corporation:
Rick Dickinson, Greater Dubuque Development
Corporation, to provide a verbal report regarding
the activities of GDDC.
Rick Dickinson spoke of the recent positive
activities of GDDC.
Cline moved that the report be received and
filed. Seconded by Jones. Motion carried 7-0.
Cottingham and Butler - Memorandum of
Understanding: City Manager recommending
approval of a Memorandum of Understanding
wijh Cottingham and Butler concerning their
expansion in downtown Dubuque with significant
renovations of the Security Building located at
151 West 8th Street and the former House of
China Building located at 803 Main Street,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Jones. Motion carried 7-0.
RESOLUTION NO. 398-06
A RESOLUTION APPROVING A
MEMORANDUM OF UNDERSTANDING WITH
COTTINGHAM & BUTLER FOR AN
EXPANSION IN DOWNTOWN DUBUQUE
Whereas, Cottingham & Butler is proposing to
expand employment in the City of Dubuque, and
Whereas, the City is encouraging the
Company to expand Its operations in Downtown
DUbuque,and
Whereas, a Memorandum of Understanding
has been prepared for said expansion,
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF DUBUQUE, IOWA, AS
FOLLOWS:
Section 1. The attached Memorandum of
Understanding is hereby approved.
Section 2. The City Manager is hereby
directed to prepare documents necessary to
implement the Memorandum of Understanding
Passed, approved and adopted this 21 st day
of August 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Cedar Lake East Third Addijion: Zoning
Advisory Commission recommending approval
of the final plat of Cedar Lake East Third
Addition, upon motion received and filed. Cline
moved that the communication be received and
filed. Seconded by Jones. Motion camed 7-0.
RESOLUTION NO. 399-06
A RESOLUTION APPROVING PLAT OF
SURVEY OF LOT 1-2 AND LOT A-2 OF
CEDAR LAKE EAST THIRD ADDITION IN THE
CITY OF DUBUQUE, IOWA
Whereas, there has been filed wijh the City
Clerk a Plat of Survey of Lot 1-2 and Lot A-2 of
Cedar Lake East Third Addition in the City of
Dubuque, Iowa; and
Whereas, upon said Plat of Survey appears a
private street to be known as North Cedar Court
(Lot A-2), with certain public utility easements,
which the owner by said Plat of Survey has
dedicated such easements to the public forever;
and
Whereas, the Plat of Survey has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been
examined by the Cijy Council and they find that
It conforms to the statutes and ordinances
relating to ij, except that no streets or public
utilijies 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 easements
for public utilities, as they appear upon said Plat
Regular Session, August 21, 2006
of Survey, be and the same are hereby
accepted; and
Section 2. That the Plat of Survey of Lot 1-2
and Lot A-2 of Cedar Lake East Third Addition is
hereby approved by the Mayor and City Clerk
are hereby authorized and directed to endorse
the approval of the City of Dubuque, Iowa, upon
said Plat of Survey, provided the owners of said
property herein named, execute their written
acceptance hereto attached agreeing;
(a) To reduce North Cedar Court (Lot A-2) to
grade and to hard surface with asphaltic
concrete, all in accordance with the City of
Dubuque standard specifications, in
conformance with construction improvement
plans approved by the City Engineer for a
private street.
(b) To install sanitary sewer mains and sewer
service laterals into each individual lot, water
mains and water service laterals into each
individual lot, 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. The private street and sanitary sewer
mains are so designated as private mains and
shall be maintained by the owners andlor
homeowners' association.
(c) To construct said improvements, prior to
two (2) years from the date of acceptance of this
resolution, at the sole expense of the owners, or
future owner;
(d) 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
owners, or future owner;
And, further provided that said Gibbs
Construction, inc., as owner of said property,
shall secure the perfonnance of the foregoing
public water main 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. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that water main improvements have
been completed in accordance with the
improvement plans and City standard
specifications and accepted by City Council
Resolution.
Section 4. That in the event Gibbs
Construction, Inc. fails to execute the
acceptance and furnish the guarantees provided
in Sections 2 and 3 hereof within 180 days after
the date of this Resolution, the pOrovisions
hereof shall be null and void and the acceptance
and approval the plat shall not be effective.
353
Passed, approved and adopted this 21 st day
of August 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF
RESOLUTION NO. 399-06
I, Marty Gibbs, representing Gibbs
Construction, Inc., the undersigned, having read
the terms and conditions of the Resolution No.
399-06 and being familiar with the conditions
thereof, hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, Iowa this 21" day of
August 2006.
Isl Marty Gibbs
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Asbury Plaza Business Park First Addition:
City Manager recommending approval of the
final plat of Asbury Plaza Business Park First
Addition, presented and read. Lynch moved that
the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 400-06
RESOLUTION APPROVING THE FINAL PLAT
OF ASBURY PLAZA BUSINESS PARK FIRST
ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a Final Plat of Asbury Plaza Business Park
First Addition; and
Whereas, upon said final plat appear streets to
be known as Plaza Drive (Lot A), North Plaza
Loop (Lot E), Plaza Court (Lot F) and Plaza
Court (Lot G); and
Whereas, the conceptual pian/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 and 3 below; and
Whereas, said final plat has been examined by
the City Council and they find that it confonns to
the statutes and ordinances relating to it, except
that no streets or public utilities have yet been
constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Plaza Drive
(Lot A), North Plaza Loop (Lot E), Plaza Court
(Lot F) and Plaza Court (Lot G), 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; and
Section 2. That the Final Plat of Asbury Plaza
Business Park First Addition is hereby approved,
and the Mayor and City Clerk are hereby
354
Regular Session, August 21, 2006
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 Plaza Drive (Lot A), North Plaza
Loop (Lot E), Plaza Court (Lot F), and Plaza
Court (Lot G) to grade and to construct concrete
curb and gutter and to hard surface with
asphaltic concrete, or with concrete paving with
integral curb, all in accordance with the City of
Dubuque standard specifications, all in a
manner acceptable to the City Engineer, in
conformance with construction improvement
plans approved by the City Engineer, and
inspected by the City Engineer;
(b) To install sanitary sewer 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 prtvate storm water
detention facility (Lot B) in a manner acceptable
to the City Engineer, in accordance with the City
of Dubuque standard specifications approved by
the City Engineer, and inspected by the City
Engineer. No building permit shall be issued
until the detention basin is functional or with the
written consent of the City Engineer;
(d) To install sidewalks along all publiC streets
in accordance with the typical cross section and
improvement plans approved by the City
Engineer;
(e) To construct said improvements, prtor to
two (2) years from the date of acceptance of this
resolution, at the sole expense of the owners, or
future owner;
'(1) 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
owners, or future owner;
And, further provided that said Motor City LLC;
Projects Plus Ltd., as owners 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. That the final acceptance of all
publiC improvements shall occur upon
certification of the City Engineer to the City
Council that al public improvements have been
completed in accordance with the improvement
plans and City standard specifications and
accepted by City Council Resolution.
Section 4. That in the event Motor City, LLC.;
Projects Plus, Ltd. fails to execute the
acceptance and furnish the guarantees provided
in Sections 2 and 3 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 21~ day of
August 2006.
Roy D. Buol, Mayor,
Allest: Jeanne F. Schneider, City Clerk
Lynch moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Riverside Boat Pier Grant: City Manager
recommending approval of the submittal of a
Tier 2 Boating Infrastructure Grant application to
the Iowa Department of Natural Resources and
further recommending City Council approval of
the revised project budget in the amount of
$5,088,950, of which $1,088,950 would be the
City of Dubuque's local match, presented and
read. Cline moved that the communication be
received and filed. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 401-06
RESOLUTION AUTHORIZING AN APPLICA-
TION FOR A BOATING INFRASTRUCTURE
GRANT FOR RIVERSIDE BOAT PIER
PROJECT AT THE PORT OF DUBUQUE
Whereas, U. S. Fish and Wildlife provides a
federal pass-through grant program to the Iowa
Department of Natural Resources for Tier 2
Boating Infrastructure Grants for transient boat
docks; and
Whereas, the City of Dubuque has determined
that the construction of the Riverside Boat Pier
Project at the Port of Dubuque is consistent with
the Port of Dubuque Master Plan; and
Whereas, the construction of transient boat
docks at the Port of Dubuque 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 Tier 2 Boating Infrastructure
Grant to fund the Riverside Boat Pier Project is
hereby approved.
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.
Passed, approved and adopted this 21 st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
.'
Regular Session, August 21, 2006
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Unified Development Code: City Manager
recommending approval of the proposed
committees for the Unified Development Code
process, presented and read. Michaiski moved
that the communication be received and filed
and recommendation approved. Seconded by
Connors. Motion carried 7-0.
Sustainable Communities: Information from
the American Institute of Architects regarding
the Sustainabie Design Assessment Team
(SDAT) program, presented and read. Connors
moved that the communication be received and
fiied and directed that the application be
submitted. Seconded by Jones. Motion carried
7-0.
Code of Ordinance Update: City Manager
requesting City Council direction on the next
phase of the update of the City's Code of
Ordinances, presented and read. Michalski
moved that the communication be received and
fiied and directed that those chapters with basic
"clean-up" changes and changes to bring the
Code of Ordinances into compliance with the
State of Iowa Code be brought back for
approval. It was further directed that those
Chapters requiring Council direction be brought
back one or two chapters at a time as an Action
item on future agendas and that the entire
proposed revisions to the Code be provided to
the Council on a CD. Seconded by Cline.
Motion carried 7-0.
COUNCIL MEMBER REPORTS
8uol shared that the staff of a recent
Congressional visit was very impressed with
Dubuque's development.
At 7:57 P.M. Michalski moved to go into
Closed Session: Pending Litigation and Property
Acquisition - Chapter 21.5(1)(c)0) 2005 Code of
Iowa. Seconded by Connors. Motion carried
7-0.
At 8:14 P.M. Council reconvened regular
session stating that staff had been given proper
direction.
There being no further business, Michalski
moved to adjourn. Seconded by Connors.
Motion carried 7-0. The meeting adjourned at
8:15P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
11 8/30
APproved:~4,,6tA ~.
/.:/
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355
2006
2006
~~
ity Clerk
356
Special Session, August 29, 2006
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, August 29,
2006
Council met in special session at 4:30 p.m. at
the Grand River Center
Present: Mayor Buol, Council Members Bralg,
Cline, Connors, Jones, Lynch, Michalski, Cit y
Manager Van Milligen, City Attorney Lindahl,
Assistant City Brumwell
Mayor Buol read the call and stated this is a
special session of the City Council called for the
purpose of conducting a goal setting session
with Lyle Sumek facilitating.
The City Council reviewed the 2005 - 2006
Performance Report and discussed the top ten
successes of the past year and the specific
accomplishments associated with each. The
Mayor and City Council Members each identified
their three primary focus areas for the next five
years and what they felt needed to be done in
the next year. Also discussed were the major
challenges facing the City of Dubuque in
attainment of the stated goals.
City Council reviewed the Dubuque Vision
2020 and Guiding Principles and suggested
changes/additions to be incorporated into the
Vision.
There being no further business, upon motion
meeting adjourned at 9:05 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
11 9/13
.v
~
2006
2006
~
"
Special Session, August 30, 2006
357
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, August 30,
2006
Council met in special session at 1 :00 P.M. at
the Grand River Center
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligan, Assistant City Attorney
Brumwell
Mayor Buol read the call and stated this is a
special session of the City Council called for the
purpose of conducting a goal setting session
with Lyle Sumek facilitating.
The City Council adopted the five year goals
for the community as: (1) improved connectivity:
transportation and communications; (2) diverse,
strong Dubuque economy; (3) planned and
managed growth; (4) partnering for a better
Dubuque; and (5) riverfront developmenV
revitalization. Objectives for each of the goals
were ranked, with the short-term challenges
identified and the actions necessary to achieve
each goal.
The Dubuque 2020 Vision Statement was
approved as: The City of Dubuque is a
progressive, sustainable City with a strong
balanced economy and connections to the
world, the Dubuque community takes pride in
our history and heritage and has actively
preserved our picturesque river and community,
Dubuque citizens have choices of quality livable
neighborhoods and fun things to do, and are
engaged in the community,
The Policy Agenda for 2006-2007 was
established as: Continuing Priority - Southwest
Arterial, Unified Deveiopment Code / Biuffland
Ordinance, Annexation Study, and Bee Branch
Project / Drainage Basin Master Plan Projects;
Top Priority - Street Program: Continuation and
Funding, Workforce Development Strategy,
Green City Designation , ADA Compliance, and
Library Renovation; High Priority - Airport Master
Plan, East - West Corridor Study, Rail Spur -
Dubuque Industrial Center West, and Water
Pollution Control Plant Facility Plan.
Also established was the Management
Agenda for 2006-2007 which included Top
Priority - Community Health Center, Pandemic
Influenza Plan, Grand River Center
Maintenance, Fire Department MDT / Wireless
Networks and Police Department Territorial
Accountability Design; High Priority - Dubuque
Technology Park, Port of Dubuque
Development, Intermodal Transportation Facility,
Utility Infrastructure Update, and Mediacom
Franchise Implementation.
There being no further business, upon motion
meeting adjourned at 6:25 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
11 9/13
Approved:
2006
Adopted I 2006
n~5f ~/
l-:JA*lLt~ (), ~
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( veC" 4J
Attest:
City Clerk
Regular Session, August 7, 2006
323
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, August 7, 2006
Council met at 6:30 P.M. in the Public Library
Auditorium
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a
regular session of the City Council called for the
purpose of discussing such matters which may
prope~y come before the Council.
Invocation was given by Reverend John
Sorenson, Pastor of Lord of ute Lutheran
Church
Proclamations: Responsibie Gaming Week
(August 7 - 11, 2006) received by Carrie Tedore
and Shannon Gaherty; Cory Bowman Week
(August 23 - 28, 2006) received by Cory
Bowman and family; Tour de Dubuque Day
(August 26, 2006) received by Mike Ma~in,
Kevin Pike and Gino Rokusek of the Freedom
Riders
CONSENT ITEMS
Minutes and Reports Submitted: Airport
Commission of 7/9; Arts and Cultural Affairs
Advisory Commission of 5/23 and 6/12; City
Council of 7/19; Housing Commission of 6/27;
Housing Commission Trust Fund Committee of
7/25; Investment Oversight Advisory
Commission of 7/26; Long Range Planning
Advisory Commission of 7/19, presented and
read. Cline moved that the minutes be received
and filed. Seconded by Jones. Motion carried
7-0.
Proof of publication of City Council
Proceedings of July 5, 2006, presented and
read. Cline moved that the proof be received
and filed. Seconded by Jones. Motion carried
7-0.
Library Board of Trustees Update of July 27,
2006, presented and read. Cline moved that the
communication be received and filed. Seconded
by Jones. Motion carried 7-0.
Investment Oversight Advisory Commission
53rd Quarterly Report, presented and read.
Cline moved that the communication be
received and filed. Seconded by Jones. Motion
carried 7-0.
Notice of Claims/Suits: Gary M. Blosch for
property damage; Bernice M. Breitfelder for
property damage; Milton Ernst for property
damage; Emily Freiburger for property damage;
Barbara L. Hansen for personal injury/vehicle
damage; Ralph G. Hemesath for property
damage; Cynthia Henkel and Tracey Tittle for
property damage; Gerald B. Hingtgen for vehicle
damage/personal injury; Jamie Lee Kremer for
property damage; Leo Link for property damage;
Ricky Meyer for personal injury; Gerald Pickel
for property damage; Barbara J. Schnee for
vehicle damage; Gary and Tina Smith for
property damage; Laveme Strohmeyer for
property damage, presented and read. Cline
moved that the communications be received and
filed and referred to the City Attorney for
investigation/report. Seconded by Jones.
Motion carried 7-<l.
City Attorney advising that the following claims
have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa
Communities Assurance Pool: City of Bellevue
for vehicle damage; Gary M. Blosch for property
damage; Barbara L. Hanson for personal
injury/vehicle damage; Cynthia Henkel and
Stacey Tittle for property damage; Gerald
Hingtgen for personal injury/property damage;
Jane M. Jaeger for property damage; Robert
Kaesbauer for property damage; Leo Link for
property damage; Ricky Meyer for personal
injury; Gerald F. Pickel for property damage;
Michael Rooney for property damage; Michael
Skahill for property damage; Laverne
Strohmeyer for property damage; Bernice M.
Breitfelder for property damage; Ralph G.
Hemesath for property damage; Jamie Lee
Kremer for property damage; Barbara J. Schnee
for vehicie damage; and Gary and Tina Smith for
property damage, presented and read. Cline
moved that the communications be received and
fiied and concurred. Seconded by Jones.
Motion carried 7-0.
Dubuque Bank and Trust: Communication
from Nelson Klavitter, DUbuque Bank and Trust,
requesting voluntary annexation of property
located at 2690 Rockdale Road into the City of
Dubuque, presented and read. Cline moved
that the communication be received and filed
and referred to the City Manager. Seconded by
Jones. Motion carried 7-0.
Requests to Purchase: Communication from
Stephen J. Schmall, Loras College, requesting
to purchase a portion of a City-owned alley
abutting their property and communication from
KC Jones, Airgas-North Central, Inc., requesting
324
Regular Session, August 7,2006
to purchase a portion of Kerper Boulevard as it
abuts property being purchased at 2240 Kerper
Boulevard, presented and read. Cline moved
that the communications be received and filed
and referred to the City Manager. Seconded by
Jones. Motion carried 7-0.
2007 Fireworks Display: Request of the
Dubuque Jaycees, KDTH, KATF, KGRR and
The River to conduct a fireworks display on
Tuesday, July 3, 2007 on Volunteer Road
between Hawthorne and Lime, with a rain date
of July 4, 2007, presented and read. Cline
moved that the communication be received and
filed and approved request. Seconded by
Jones. Motion carried 7-0.
Department of the Army: Communication from
the Department of the Army advising of pubiic
meetings to be held by the Mississippi River
Commission, presented and read. Cline moved
that the communication be received and filed.
Seconded by Jones. Motion carried 7-0.
Certified Local Government (CLG) Program
Grant Application: City Manager recommending
support for an appiication to the State Historical
Society of Iowa for a Fiscal Year 2007 Certified
Local Government (CLG) Grant to conduct a
Phase I Four Mounds Archeological
Investigation, presented and read. Ciine moved
that the communication be received and filed.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 343-06
RESOLUTION AUTHORIZING THE SUB-
MISSION OF AN APPLICATION FOR
CERTIFIED LOGAL GOVERNMENT (CLG)
PROGRAM FUNDING TO CONDUCT A
PHASE I ARCHEOLOGICAL INVESTIGATION
AT FOUR MOUNDS ESTATE
Whereas, the State Historical Society of Iowa
(SHSI) has announced the availability of
Certified Local Govemment Program (CLG)
grant funds; and
Whereas, the intensive survey and evaluation
of archeological resources are eligible activities
for CLG funding; and
Whereas, the Four Mounds archeological site
and the Four Mounds Estate are iisted on the
National Register of Historic Places and
designated as a local landmark site.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the submission of an
application for CLG funds to conduct the Phase I
Archeological Investigation at Four Mounds
Estate is hereby authorized.
Section 2. That the Planning Services
Manager is hereby authorized to sign the
contract with and submit requests for
reimbursements to the SHSI for CLG funds to
conduct a Phase I Archeological Investigation at
Four Mounds Estate if the grant is awarded.
Section 3. That the City of Dubuque agrees to
abide by all local, state and federal requirements
applicabie to the proposed project.
Passed, approved and adopted this 7th day of
August 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Ciine moved adoption of the Resolution,
Seconded by Jones. Motion carried 7-0.
Emergency Preparedness and Security
Information: City Manager recommending
approval of a resolution providing for the
confidentiaiity of emergency preparedness
information and security procedures where, if
disclosed, could reasonably be expected to
jeopardize the safety of City employees, visitors,
persons, or property, presented and read. Cline
moved that the communication be received and
filed. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 344-06
ADOPTING A SECURITY INFORMATION
POLICY FOR THE CITY OF DUBUQUE, IOWA
WHEREAS, Iowa Code ~ 22.7(52) provides
that information concerning security procedures
or emergency preparedness information
developed and maintained by a government
body for the protection of governmental
employees, visitors to the govemment body,
persons in the care, custody, or under the
control of the government body, or property
under the jurisdiction of the government body, if
disclosure could reasonably be expected to
jeopardize such employees, visitors, persons, or
property shall be kept confidential, unless
otherwise ordered by a court, by the lawful
custodian of the records, or by another person
duly authorized to release such information; and
WHEREAS, Iowa Code ~ 227.(52) further
provides that such information includes but is
not iimited to information directly related to
vulnerability assessments; information contained
in records relating to security measures such as
security and response plans, security codes and
combinations, passwords, restricted area
passes, keys, and security or response
procedures; emergency response protocols; and
information contained in records that if disclosed
would significantly increase the vulnerabiiity of
critical physical systems or infrastructures of a
government body to attack; and
WHEREAS, Iowa Code ~ 22.7(52) further
provides that such confidentiaiity requirement
only appiies to information held by a government
body that has adopted a rule or poiicy identifying
the specific records or class of records to which
this subsection appiies and which is contained in
such a record.
Regular Session, August 7, 2006
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following policy on restriction of
security information is hereby adopted:
Security Information Policy
For the protection of the city employees,
visitors to city facilities, persons in city care,
custody or control, and for the protection of city
property, the city council hereby adopts this
Security Information Policy, pursuant to Iowa
Code !l22.7(52).
1. The following public records shall be kept
confidential unless otherwise ordered by a court,
by the lawful custodian of the records, or by
another person duly authorized to release such
information:
(a) Information directly related to vulnerability
assessments;
(b) Information relating to security measures
such as security and response plans, security
codes and combinations, pass.NOtds, restricted
area passes, keys, and security or response
procedures;
(c) Emergency response protocols;
(d) Architectural, engineering or construction
diagrams; and
(e) Information contained in records that if
disclosed would significantly increase the
vulnerability of critical physical systems or
infrastructures of the city to attack.
2. "Public records" includes all records,
documents, tape, or other information, stored or
preserved in any medium, of or belonging to this
city.
3. The City Manager shall be responsible for
implementing the requirements of this policy.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Engineering Services Contract Award for the
Clear Well/Baffling Rehabilijation Project: City
Manager recommending approval of the
selection of Veenstra & Kimm, Inc., to provide
engineering services for the Ciear Well/ Baffling
Rehabilitation Project in the amount of $62,000,
presented and read. Cline moved that the
communication be received and filed and
recommendation approved. Seconded by Jones.
Motion carried 7-0.
Community Economic Betterment Account
(CEBA) Loan - Sedgwick CMS: City Manager
recommending approval of the execution of a
CEBA Loan Agreement by and among the Iowa
Department of Economic Development,
Sedgwick CMS and the City of Dubuque,
presented and read. Cline moved that the
325
communication be received and filed. Seconded
by Jones. Motion carried 7-0.
RESOLUTION NO. 345-06
A RESOLUTION AUTHORIZING THE
EXECUTION OF A COMMUNITY ECONOMIC
BETTERMENT ACCOUNT LOAN
AGREEMENT FOR ONE HUNDRED AND
FIFTY THOUSAND DOLLARS ($150,000)
WITH SEDGWICK CMS
Whereas, the Community Economic
Betterment Account (CEBA) program has been
created by the Iowa Department of Economic
Development to assist in the economic
development efforts of local jurisdictions; and
Whereas, in March 2006, the City of Dubuque,
Iowa was awarded a one hundred and fifty
thousand dollar ($150,000) loanlforgivable loan
from the CEBA program by the Iowa Department
of Economic Development; and
Whereas, the City of Dubuque, Iowa desires to
assist Sedgwick CMS in ijs efforts to locate ijs
operations in Dubuque and create new,
permanent employment opportunities for local
citizens; and
Whereas, a CEBA Loan Agreement, hereto
attached and by this reference made a part
hereof, is to be executed between the Iowa
Department of Economic Development,
Sedgwick CMS and the City of Dubuque, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor and Corporation
Counsel be and they are hereby authorized and
directed to endorse, on behalf of the City
Council of the City of Dubuque, Iowa, the
attached CEBA Loan Agreement.
Section 2. That the City Manager be and he is
hereby authorized to disburse loan funds to
Sedgwick CMS from the CEBA program in
accordance with the terms and conditions of the
executed Agreement.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Handan City: Communication from Ding
Ynghui, Vice-Mayor of Handan City, thanking
the City of Dubuque for the hospijality received
during their recent visit and inviting the Mayor
and City Council to Handan City, presented and
read. Michalski moved that the communication
be received and filed. Seconded by Cline.
Motion carried 7-0.
Sisters of St. Francis: Communication from the
Sisters of St. Francis requesting that the City
Council develop a comprehensive plan to
326
Regular Session, August 7, 2006
reduce carbon emissions into the atmosphere,
presented and read. Braig moved that the
communication be received and filed and
thanked the Sisters for the attention to the
environment. Seconded by Connors. Motion
carried 7-0.
Legislative Communications: Communication
to local legislators in appreciation of their vote
against efforts to override Governor VII sack's
veto of HF 2351 regarding the use of eminent
domain and communication to Senator Tom
Harkin and Senator Charies Grassley
expressing opposition to HR. 5252, the
Advanced Telecommunications and Opportunity
Reform Act (ATOR), presented and read. Cline
moved that the communications be received and
filed. Seconded by Jones. Motion carried 7-0.
Community Health Center: City Manager
recommending approval of the payment of
$250,000 in support of the Community Health
Center as authorized through the Fiscal Year
2007 budget, presented and read. Michalski
moved that the communication be received and
filed. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 346-06
AUTHORIZING THE DISTRIBUTION OF
$250,000 TO THE TRI-STATE COMMUNITY
HEALTH CENTER IN DUBUQUE FOR
CAPITAL AND EQUIPMENT FUNDING
WHEREAS, the City Council, in its fiscal year
2007 budget, budgeted $250,000 to be used by
the City of Dubuque (City) to provide a one time
grant to The Tri-State Community Health Center
(TSCHC) for capital and equipment costs; and
WHEREAS, TSCHC will provide
comprehensive primary health care and dental
services, regardless of ability to pay, creating a
medical home for many low income people who
presently use local hospital emergency rooms or
doctors' offices for their source of primary care;
and
WHEREAS, the City's support for the TSCHC
project is consistent with the City of Dubuque
Comprehensive Plan, Neighborhood
Reinvestment Strategy and the Washington
Neighborhood Reinvestment Plan and is also
consistent with the Fiscal Year 2007 City
Council Priorities and Major Projects adopted in
September 2005, including "Neighborhood
Crime Reduction Strategy" and "Casket
Company Completion and Tot Lot;" and
WHEREAS, TSCHC has now requested
distribution from City in the amount of
$250,000.00 for the one time grant to help with
start up costs.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Finance Director is authorized and
directed to distribute $250,000.00 to TSCHC for
the capital and equipment funding in support of
the TSCHC project.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
Environmental Stewardship Advisory Com-
mission: Resignation of Andrea Bixler from the
Environmental Stewardship Advisory Com-
mission, presented and read. Cline moved that
the communication be received and filed.
Seconded by Jones. Motion carried 7-0.
Worker's Compensation Claim: City Manager
recommending settlement of the worker's
compensation claim of Brian Cortez, presented
and read. Cline moved that the communication
be received and filed and recommendation
approved. Seconded by Jones. Motion carried
7-0.
Community Economic Betterment Account
(CEBA) Loan - Kunkel Bounds & Associates,
Inc.: City Manager recommending approval of
the execution of a CEBA Loan Agreement by
and among the Iowa Department of Economic
Development, Kunkel Bounds & Associates, Inc.
and the City of Dubuque, presented and read.
Cline moved that the communication be
received and filed. Seconded by Jones. Motion
carried 7-0.
RESOLUTION NO. 347-06
A RESOLUTION AUTHORIZING THE
EXECUTION OF A COMMUNITY ECONOMIC
BETTERMENT ACCOUNT LOAN
AGREEMENT FOR SEVENTY FIVE
THOUSAND DOLLARS ($75,000) WITH
KUNKEL BOUNDS & ASSOCIATES, INC.
Whereas, the Community Economic
Betterment Account (CEBA) program has been
created by the Iowa Department of Economic
Development to assist in the economic
development efforts of local jurisdictions; and
Whereas, in March 2006, the City of Dubuque,
Iowa was awarded a seventy five thousand
dollar ($75,000) loanlforgivable loan from the
CEBA program by the Iowa Department of
Economic Development; and
Whereas, the City of Dubuque, Iowa desires to
assist Kunkel Bounds & Associates, Inc. in its
efforts to locate its operations in Dubuque and
create new, permanent employment
opportunities for local citizens; and
Whereas, a CEBA Loan Agreement, hereto
attached and by this reference made a part
hereof, is to be executed between the Iowa
Regular Session, August 7, 2006
Department of Economic Development, Kunkel
Bounds & Associates, Inc. and the City of
Dubuque, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor and Corporation
Counsel be and they are hereby authorized and
directed to endorse, on behalf of the City
Council of the City of Dubuque, iowa, the
attached CEBA Loan Agreement.
Section 2. That the City Manager be and he is
hereby authorized to disburse loan funds to
Kunkel Bounds & Associates, Inc. from the
CEBA program in accordance with the terms
and conditions of the executed Agreement.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buoi, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resoiution.
Secollded by Jones. Motion carried 7-0.
Purchase of Property - 1731 Elm Street: City
Manager recommending approval of the
purchase of property located at 1731 Elm Street
to be used for construction of additional parking
at the new Community Health Center, presented
and read. Cline moved that the communication
be received and filed. Seconded by Jones.
Motion carried 7-0.
RESOLUTION NO. 348-06
A RESOLUTION APPROVING THE
ACQUISITION OF REAL ESTATE LOCATED
AT 1731 ELM STREET, IN THE CITY OF
DUBUQUE
WHEREAS, the City of Dubuque intends to
acquire certain properties to provide for
additional parking for the Community Health
Center Project; and
WHEREAS, a purchase agreement has been
finalized with the owner of the third property
scheduied for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves the acquisition of the following legally
described property:
The Northerly half of Lot 158 in East Dubuque
Addition in the City of Dubuque, Iowa according
to the recorded Piat thereof in Dubuque County,
Iowa
At the cost of Forty thousand dollars ($40
000).
Section 2. That the City of Dubuque be and is
hereby authorized to accept a Quit Claim deed
from the owner, conveying the owner's interest
to the City of Dubuque, Iowa for the herein
described real estate.
327
Section 3. That the City Clerk be and she is
hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of
the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and she is
hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor
and the Dubuque County Auditor.
Passed, approved and adopted this 7'" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Unified Development Code (UDC) Consultant
Contract: City Manager recommending approval
of the contract with JEO Consulting Group, Inc.,
the consultant selected for the preparation of a
Unified Development Code for the City of
Dubuque, in the amount of $119,850, presented
and read. Braig moved that the communication
be received and filed and recommendation
approved. Seconded by Connors. Motion carried
7-0.
Comprehensive Plan Update: Long Range
Planning Advisory Commission submitting the
July 2006 Report on the Comprehensive Pian
Update process, presented and read. Cline
moved that the communication be received and
filed. Seconded by Jones. Motion canned 7-0.
City Development Board: Communication from
Steven R. McCann, City Development Board
Administrator, advising that the Board will
consider the City of Dubuque's voluntary
annexation request for property owned by Motor
City LLC, John and Sally Jo Herrig, and Dean
and Patricia Butler at the August 9, 2006 City
Deveiopment Board meeting, presented and
read. Cline moved that the communication be
received and filed. Seconded by Jones. Motion
carried 7-0.
Prosperity Eastem Iowa Marketing Efforts:
City Manager recommending approval of a
contract with ECIA to assist in funding a
collaborative marketing effort by Prosperity
Eastem Iowa to promote economic development
opportunities, presented and read. Braig moved
that the communication be received and filed
and approved recommendation. Seconded by
Jones. Motion carried 6-0 with Lynch abstaining.
Transportation Planner - ECIA Agreement:
City Manager recommending approval of a
contract with ECIA to assist in funding a part-
time transportation planner to primarily provide
traffic and transportation planning for the City of
Dubuque Engineering Department and Planning
328
Regular Session, August 7, 2006
Services Department, presented and read.
Cline moved that the communication be
received and filed and approved
recommendation. Seconded by Jones. Motion
carried 7-0.
Subdivision of Lot Conlon Johnson
Development LLC: City Manager recommending
approval to subdivide Parcel F adjacent to the
Dubuque Technology Park to accommodate the
development plans submitted by Conlon
Johnson Development, LLC, presented and
read. Cline moved that the communication be
received and filed. Seconded by Jones. Motion
carried 7-0.
RESOLUTION NO. 349-06
RESOLUTION APPROVING PLAT OF
SURVEY OF LOT 1 OF F AND LOT 2 OF F IN
DUBUQUE TECHNOLOGY PARK, IN THE
CITY OF DUBUQUe, IOWA.
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
dated July 31, 2006 prepared by Buesing and
Associates describing the division of Lot F of
Dubuque Technology Park to be known as Lot 1
of F and Lot 2 of F of Dubuque Technology Park
in the City of Dubuque, Dubuque County, Iowa;
and
Whereas, said plat conforms to the laws and
statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the piat dated July 31, 2006
prepared by Buesing and Associates, relative to
the real estate hereinabove described be and
the same is hereby approved, and the Mayor
and City Clerk be and they are hereby
authorized and directed to execute said plat for
and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto
itself a perpetual easement as shown on the plat
including the right of ingress and egress thereto,
for the purpose of erecting, Installing,
constructing, reconstructing, repairing, owning,
operating, and maintaining water, sewer,
drainage, gas, telephone, television cable, fiber
optics, and electric lines as may be authorized
by the City of Dubuque, iowa.
Section 3. That the City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 350-06
RESOLUTION APPROVING PLAT OF
SURVEY OF DUBUQUE TECHNOLOGY PARK
NO.2 IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
dated July 31, 2006 prepared by Buesing and
Associates describing the division of Lot 2 of F
of Dubuque Technology Park to be known as
Lot 1 and Lot 2 of Dubuque Technology Park
NO.2 in the City of Dubuque, Dubuque County,
Iowa; and
Whereas, said plat conforms to the laws and
statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated July 31, 2006
prepared by Buesing and Associates, relative to
the real estate hereinabove described be and
the same is hereby approved, and the Mayor
and City Cieri< be and they are hereby
authorized and directed to execute said plat for
and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto
itself a perpetual easement as shown on the plat
including the right of ingress and egress thereto,
for the purpose of erecting, installing,
constructing, reconstructing, repairing, owning,
operating, and maintaining water, sewer,
drainage, gas, telephone, television cable, fiber
optics, and electric lines as may be authorized
by the City of Dubuque, Iowa.
Section 3. That the City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resoiution.
Seconded by Jones. Motion carried 7-0.
Subdivision of Lot - First Supply, LLC: City
Manager recommending approval to subdivide
Lot 3 in the Dubuque Industrial Center West 5th
Addition to accommodate First Supply LLC's
need for a five acre expansion site, presented
and read. Cline moved that the communication
be received and filed. Seconded by Jones.
Motion carried 7-0.
RESOLUTION NO. 351-06
RESOLUTION APPROVING PLAT OF
SURVEY LOT 1 OF 3 AND LOT 2 OF 3,
DUBUQUE INDUSTRIAL CENTER WEST 5TH
ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a Plat of
Survey, Lot 1 of 3 and Lot 2 of 3, Dubuque
Industrial Center West 5th Addition in the City of
Regular Session, August 7,2006
Dubuque, Iowa, dated July 31, 2006, prepared
by IIW Engineers and Surveyors, P.C.,
describing the property to be subdivided, a copy
of which is attached hereto (the Plat); and
Whereas, the Plat conforms to the laws and
statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Plat is hereby approved, and
the Mayor and City Clerk are hereby authorized
and directed to execute the Plat for and on
behalf of the City of Dubuque, Iowa.
Section 2. The City Clerk is hereby authorized
and directed to file the Plat and a certified copy
of this resolution in the office of the Recorder, in
and for Dubuque County, iowa.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Quarterty Investment Report; City Manager
submitting the Finance Department Quarterly
Investment Report for the period of April 1
through June 30, 2006, presented and read.
Cline moved that the communication be
received and filed. Seconded by Jones. Motion
carried 7-0.
Instaliatlon of Street Lights - 1105 Locust
Street: Historic Preservation Commission
recommending approval of the instaliation of
restored antique street lights in the City rtght-of-
way abutting 1105 Locust Street as requested
by Dave Stuart, presented and read. Cline
moved that the communication be received and
filed and recommendation approved. Seconded
by Jones. Motion carried 7-0.
Fire Training Facility - Connection Charge:
City Manager recommending approval of the
payment of the $4,659.70 sanitary sewer
connection fee for the Dubuque County
Emergency Responder Training Center,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Jones. Motion carried 7-0.
State of Iowa Press Release: Press release
issued by the State of Iowa recognizing the City
of Dubuque Housing Department for their efforts
to develop or preserve independent living units
to ensure people with disability have access to
housing in our community I presented and read.
Michaiski moved that the communication be
received and filed and commended the Housing
Service Department. Seconded by Connors.
Motion carried 7-0.
329
Improvement Contracts / Performance,
Payment and Maintenance Bonds: Grand River
Center Fountain Sign Rehabilitation Project and
Five Flags Arena Fall Protection Project,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Jones. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 352-06
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the foliowing having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
2 RENEWALS
5-Point Mart Kristina Husemann
405 Rhomberg
Econofoods Nash Finch Company
3355 JFK Circle
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 353-06
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 ali 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 foliowing named applicants a Liquor
License.
SPECIAL CLASS "C" LIQUOR LICENSE
Choo Choo Charlies Pizza Choo Choo Charlies+
(Sunday Sales) 1895 JFK Rd
Beli Tower Productions Beli Tower Productions
2785 Asbury Rd
L & L Investment Co, LLC Players Sports Bar
1902 Central Ave
Passed, approved and adopted this 7th day of
AU9ust, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Regular Session, August 7, 2006
330
Conlon Johnson Development LLC
Development Agreement: City Manager
recommending that a public hearing be set for
August 21, 2006 to consider approval of a
Development Agreement and the sale of 4.694
acres of land in Dubuque Technology Park to
Conlon Johnson Development LLC for
construction of a 22,000 square foot office
building, presented and read. Lynch moved that
the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 354-06
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE
AND
FIXING THE DATE FOR A PUBLIC HEARING
OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA ON THE PROPOSED
ISSUANCE OF URBAN RENEWAL TAX
INCREMENT REVENUE OBLIGATIONS AND
THE EXECUTION OF A DEVELOPMENT
AGREEMENT RELATING THERETO WITH
CONLON JOHNSON DEVELOPMENT LLC,
AND PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) is
the owner of the following real property (the
Property);
Lot 4 Block 1 Dubuque Technoiogy Park in the
City of Dubuque, Iowa, according to the
recorded plat thereof and Lot 1 of Dubuque
Technology Park NO.2
And
Whereas, City and Conlon Johnson
Development LLC have entered into a
Development Agreement, subject to the
approval of the City Council, a copy of which is
now on file at the Office of the City Clerk, City
Hall, 13th and Central Avenue, Dubuque, Iowa,
pursuant to which City will convey the Property
to Conlon Johnson Development LLC; and
Whereas, the City Council has tentatively
determined that it would be in the best interests
of the City to approve the Development
Agreement, including the conveyance of the
Property to Coni on Johnson Development LLC;
and
Whereas, it is deemed necessary and
advisable that City should authorize Urban
Renewal Tax Increment Revenue obligations, as
provided by Chapter 403 of the Code of Iowa,
and to enter into the Development Agreement
relating thereto for the purpose of carrying out
an Urban Renewal Plan as hereinafter
described; and
Whereas, before said obligations may be
approved, Chapter 403 of the Code of iowa
requires that the City Clerk publish a notice of
the proposal and of the time and place of the
meeting at which the City Council proposes to
take action thereon and at which meeting the
City Council shall receive oral and/or written
objections from any resident or property owner
of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. The City of Dubuque intends to
dispose of its interest in the foregoing-described
Property by Deed to Conlon Johnson
Development LLC.
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 21 st day of
August, 2006, at 6:30 o'clock p.m. in the
Auditorium of the Carnegie-Stout Public Library
in Dubuque, Iowa, 11 th & Locust. Dubuque.
Iowa.
Section 3. The City Council will also meet at
said time and place for the purpose of taking
action on the matter of authorizing Urban
Renewal Tax Increment Revenue obligations
and the execution of the Development
Agreement relating thereto with Conlon Johnson
Development LLC, the proceeds of which
obligations will be used to carry out certain of
the special financing activities described in the
Urban Renewal Plan for the Dubuque industrial
Center South Economic Development District,
consisting of the funding of economic
developments grants to Conlon Johnson
Development LLC pursuant to the Development
Agreement under the terms and conditions of
said Urban Renewal Plan. It is expected that the
aggregate amount of the Tax Increment
Revenue obligations will be approximately
$775,000.
Section 4. The Clerk is hereby directed to
cause at least one publication to be made of a
notice of said meeting, In a newspaper, printed
wholly in the English language, published at
least once weekly, and having general
circulation in said City, said publication to be not
less than four days nor more than twenty days
before the date of said meeting on the issuance
of said obligations.
Section 5. That the notice of the proposed
action to issue said obligations shall be in
substantially the form attached hereto.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Lynch moved adoption of the Resolution and
set public hearing for 8/21/06 at a meeting to
commence at 6:30 P.M. in the public library
auditorium and direct the City Clerk to publiSh
Regular Session, August 7, 2006
notice in the manner prescribed by law.
Seconded by Connors. Motion carried 7-0.
US 20 (Devon Drive to Menards) Capacity
improvements Project: City Manager
recommending initiation of the pubiic bidding
process for the US 20 (Devon Drive to Menards)
Capacity Improvements Project and that a public
hearing be set for September 5, 2006, presented
and read. Lynch moved that the communication
be received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 355-06
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the US 20
(Devon Drive to Menards) Capacity
Improvements Project - Phase I, Traffic Signal
and Intelligent Transportation System
Improvements (STP-A-020-9(186)-22-31) in
the estimated amount $190,035.89 are hereby
approved and ordered fiied in the office of the
City Clerk for public inspection.
Passed, adopted and approved this 7" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Lynch moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 356-06
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the US 20 (Devon Drive to Menards) Capacity
Improvements Project - Phase I, Traffic Signal
and Intelligent Transportation System
Improvements (STP-A-020-9(186)-22-31).
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 5th
day of September, 2006, 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 notless
than four days nor more than twenty days prior
331
to the day fixed for its consideration. At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement.
Passed, adopted and approved this 7" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Lynch moved adoption of the Resolution and
set public hearing for 9/5/06 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 Connors. Motion carried 7-0.
Loras Boulevard Traffic Signalization
Replacement Project: City Manager
recommending initiation of the public bidding
process for the Loras Boulevard Traffic
Signalization Replacement Project and that a
public hearing be set fur September 5, 2006,
presented and read. Lynch moved that the
communication be received and filed. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 357-06
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Loras
Boulevard Traffic Signalization Replacement
Project in the estimated amount of $361,410.50
are hereby approved and ordered filed in the
office of the City Clerk for public inspection.
Passed, approved and adopted this 7" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Lynch moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 358-06
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Loras Boulevard Traffic Signalization
Replacement Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a publiC hearing will be held on the 5th
day of September, 2006, at 6:30 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be heard for
332
Regular Session, August 7, 2006
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 7'h day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Lynch moved adoption of the Resolution and
set public hearing for 9/5/06 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 Connors. Motion carried 7-0.
RESOLUTION NO. 359-06
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Loras Boulevard Traffic Signalization
Repiacement Project is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 24'h day of August, 2006. Bids shall be
opened and read by the City Cierk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 5'" day of September,
2006.
Passed, approved and adopted this 7'h day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Lynch moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Expansion of First Suppiy LLC: City Manager
recommending that a public hearing be set for
AU9ust 21, 2006 to consider selling five acres of
land in Dubuque Industrial Center West to First
Supply LLC to construct a 30,000 square foot
distribution warehouse, presented and read.
Lynch moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 360-06
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE, SETTING
A TIME AND PLACE FOR HEARING ON A
DEVELOPMENT AGREEMENT RELATING
THERETO WITH FIRST SUPPLY LLC AND
PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) is
the owner of the following real property (the
Property):
Lot 1 of 3 of Dubuque Industrial Center West
5th Addition in the City of Dubuque, Iowa;
and
Whereas, City and First Supply LLC have
entered into a Development Agreement, subject
to the approvai of the City Council, a copy of
which is now on file at the Office of the City
Clerk, City Hall, 13th and Centrai Avenue,
Dubuque, Iowa, pursuant to which City will
convey the Property to First Supply LLC; and
Whereas, the City Council has tentatively
determined that it would be in the best interests
of the City to approve the Development
Agreement, including the conveyance of the
property to First Supply LLC; and
Whereas, before said obligations may be
approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of
the proposal and of the time and place of the
meeting at which the City Council proposes to
take action thereon and at which meeting the
City Council shall receive oral and/or written
objections from any resident or property owner
of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to
dispose of its interest in the foregoing-described
Property by Deed to First Supply LLC pursuant
to the Development Agreement.
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 approve the Development
Agreement and dispose of the foregoing-
described Property, to be held on the 21st day of
August, 2006, at 6:30 o'clock p.m. in the
Auditorium of the Carnegie-Stout Public Library
in Dubuque, Iowa, 11th & Locust, Dubuque,
Iowa.
Section 3. The Clerk is hereby directed to
cause at least one publication to be made of a
notice of said meeting, in a newspaper, printed
Regular Session, August 7, 2006
wholly in the English language, published at
least once weekly, and having general
circulation in said City, said pUblication to be not
less than four days nor more than twenty days
before the date of said meeting on the issuance
of said obligations.
Section 4. That the notice of the proposed
action shall be in substantially the form attached
hereto.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Lynch moved adoption of the Resolution and
set public hearing for 6/21/06 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 Connors. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Boards/Commissions:
Environmental Stewardship Advisory
Commission (One 1-year youth term - term of
Miller)
Applicant: Claire Miller No one spoke.
Housing Advisory Trust Fund Committee (One
3-year at-large term through 8/17/09 - term of
Hingtgen) Applicant: Doris M. Hingtgen No
one spoke.
Housing Commission (Three 3-year at-large
terms through 8/17/09 - terms of Culbertson,
Holz and Grant and one 3-year Section 8 term
through 8/17/09 -term of Plein)
At-Large Applicants: Dorothy A. Culbertson,
Jim Holz No one spoke.
Section 8 Applicant: John J. Plein Mr. Plein
spoke requesting consideration for
reappointment.
PUBLIC HEARINGS
Michalski moved to suspend the rules to allow
anyone present to address the Council.
Seconded by Cline. Motion carried 7-0.
Residential Parking Permit District - Vizaleea /
Keymont Street:
Proof of publication on notice of hearing to
consider a request to form a Residential Parking
Permit District In the Vizaleea / Keymont Street
area and City Manager recommending approval,
presented and read. Connors moved that the
proof and communication be received and filed.
Seconded by Lynch. Motion carried 7-0.
333
Donald Schumacher, 1762 Vizaleea, objected
to the proposed Permit District, stating he should
not have to pay for parking in front of his home.
Lisa McCarthy stated this is Hempstead High
School's problem and they should do something.
As it is now, emergency vehicles can not even
get through when students park closely on the
nearby streets.
Robert Cook, 1819 Vizaleea, spoke in support
of the Residential Parking Permit District.
Matt Zmudka, 1834 North Court and a student
at Hempstead High School, spoke in opposition
to the proposed district, stating the homeowners
knew they would have parking problems living
next to a school and establishing the district
would push the problem to other streets.
Sydney Smith, Hempstead Student Council
President, spoke in opposition to the proposed
Residential Parking Permrt District stating it was
unfair to students as it made them walk further.
Rose Manders, 1835 Vizaleea, spoke stating
that the students are rude and act in retaliation.
Howard Haigh, representing a nearby Hillcrest
facility, spoke and stressed concerns for
emergency vehicles accessibility.
Dave Olson, 909 Spires Drive, Principal of
Hempstead High School, stated that parking has
been a long time, multi-faceted issue and the
school is trying to address this but with a two
year remodeling program there will be less
space in the parking lots.
Council discussed the ongoing parking issues
near Hempstead and the students' need for
respect of the neighborhood residents.
An Ordinance amending the Code of
Ordinances of the City of Dubuque, Iowa by
adopting a new Section 32-401 providing for the
designation of Vizaleea Drive from Pennsylvania
Avenue to Keystone Drive and Keymont Drive
from Keyway Drive to its westeriy terminus as a
Residential Parking Permit District, presented
and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 57-06
AMENDING SECTION 32-262(d) OF THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, PROHIBITING PARKING
ON DESIGNATED STREETS OR PORTIONS
THEREOF BY ADDING A PORTION OF
KEYMONT DRIVE
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 adding
to Subsection (d) of Section 32-262 the
following:
Keymont Drive, Both Sides, from Vizaleea
Drive to its Westeriy Terminus.
334
Regular Session, August 7, 2006
Passed, adopted and approved this 7'h day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 20th day of September, 2006.
Jeanne F. Schneider, City Clerk
1t 9/20
Connors 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 Lynch. Motion carried
7-0. Jones moved final consideration and
passage of the Ordinance. Seconded by Braig.
Motion carried 7-0.
Cedar Street and Dog Track Wastewater
Pumping Stations Improvement Project: Proof of
publication on notice of hearing to consider
adoption of the plans and specifications for the
Cedar Street and Dog Track Wastewater
Pumping Stations Improvement Project and City
Manager recommending approval and award of
the contract to Portzen Construction, in the
amount of $1,400,000, with the possibility of a
$100,000 deduction in the contract price for an
alternative pump selection, presented and read.
Michalski moved that the proof and
communication be received and filed. Seconded
by Braig. Motion carried 7-0.
RESOLUTION NO. 361-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 5th day of July. 2006, plans,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the Cedar Street and Dog Track Lift
Station Improvements 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 7'h day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 362-06
AWARDING CONSTRUCTION CONTRACT
FOR THE CEDAR STREET AND DOG TRACK
LIFT STATION IMPROVEMENTS PROJECT
Whereas, sealed proposals have been
submitted by contractors for the Cedar Street
and Dog Track Lift Station Improvements Project
pursuant to Resoiution No. 292-06 and notice to
bidders published in a newspaper published in
the City of Dubuque, Iowa on the 7th day of July,
2006.
Whereas, said sealed proposals were opened
and read on the 28th day of July, 2006, and it
has been determined that the bid of Portzen
Construction Inc. of Dubuque, Iowa, in the
amount of $ 1,400,000.00 was the lowest bid for
the furnishings of all labor and materials and
performing the work as provided for 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 improvements
be awarded to Portzen Construction Inc. and
the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 363-06
APPROVING CONSTRUCTION CONTRACT
WITH PORTZEN CONSTRUCTION INC. FOR
THE CEDAR STREET AND DOG TRACK LIFT
STATION IMPROVEMENTS PROJECT
Whereas, the City Council by Resolution No.
290-06 awarded the construction contract for the
Cedar Street and Dog Track Lift Station
Improvements Project to Portzen Construction
Inc.; and
Whereas, Portzen Construction Inc. has
submitted the attached executed contract and
bond.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The contract and bond attached hereto are
herebyapproved.
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 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Regular Session, August 7, 2006
Michalski moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
National Mississippi River Museum and
Aquarium Expansion Project I Former Adams
Company Building Re-Roof and Structurai
Repairs Project: Proof of publication on notice
of hearing to consider adoption of the plans and
specifications for the National Mississippi River
Museum and Aquarium Expansion Project I
Former Adams Company Building Re-Roof and
Structural Repairs Project and City Manager
recommending approval and award of the
contract to Tricon General Construction,
presented and read. Connors moved that the
proof and communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 364-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
VVhereas, on the 7th day of July, 2006, plans,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the National Mississippi River Museum
and Aquarium Expansion Project - Former
Adams Company Building Re-Roof and
Structural Repairs 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 ?,h day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 365-06
AWARDING CONSTRUCTION CONTRACT
FOR THE NATIONAL MISSISSIPPI RIVER
MUSEUM AND AQUARIUM EXPANSION
PROJECT -- FORMER ADAMS COMPANY
BUILDING RE-ROOF AND STRUCTURAL
REPAIRS EDA PROJECT NO. 05-01-03816
Whereas, sealed proposals have been
submitted by contractors for the Nationai
Mississippi River Museum and Aquarium
Expansion Project - Former Adams Company
Building Re-roof and Structural Repairs EDA
Project No. 05-01-03816 pursuant to Resolution
No. 295-06 and notice to bidders published in a
newspaper published in the City of Dubuque,
Iowa on the 7th day of July, 2006. Whereas, said
335
sealed proposals were opened and read on the
27th day of July, 2006, and it has been
determined that the bid of Tricon General
Construction, Inc. of Dubuque, Iowa, in the
amount of $411,220.00 was the lowest bid for
the furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Tricon General Construction, Inc.
and the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Cierk
Connors moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 366-06
APPROVING CONSTRUCTION CONTRACT
WITH TRICON GENERAL CONSTRUCTION,
INC. FOR THE NATIONAL MISSISSIPPI
RIVER MUSEUM AND AQUARIUM
EXPANSION PROJECT - FORMER ADAMS
COMPANY BUILDING RE-ROOF AND
STRUCTURAL REPAIRS EDA PROJECT NO,
05-01-0381
Whereas the City Council by Resolution No.
365-06 awarded the construction contract for the
National Mississippi River Museum and
Aquarium Expansion Project -- Former Adams
Company Building Re-roof and Structural
Repairs to Tricon General Construction, Inc.;
and
Whereas Tricon General Construction, Inc.
has submitted the attached executed contract
and bond.
NOW THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The contract and bond attached hereto are
hereby approved.
2. The City Manager is hereby authorized and
directed to execute the contract on behalf of the
City of Dubuque.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buoi, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
336
Regular Session, August 7. 2006
Connors moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Connors moved that the rules be reinstated
limiting discussion to the Council. Seconded by
Braig. Motion carried 7-0.
ACTION ITEMS
Sidewalk Installation Delay Request: City
Manager recommending that the request of Mr.
and Mrs. Michael Lombardi, 948 Spires Drive,
and Mr. and Mrs. Richard Soens, 978 Spires
Drive, to delay the installation of new public
sidewalk ion the Knight Court side of their
property be approved and that the City's
sidewalk policy be amended, presented and
read. Michalski moved that the communications
be received and filed and approved
recommendation and directed a policy
amendment to reflect this change. Seconded
by Connors. Motion carried 7-0.
Liquor License - Gin Rickey's: City Manager
recommending that the liquor license for Gin
Rickey's be approved for a period of six months,
presented and read. Connors moved that the
communication be received and fiied. Seconded
by Jones. Motion carried 5-2 with Braig and
Jones voting Nay.
Michalski spoke of concerns with the amount
of Police calls to this business. Van Milligen
stressed that the Police will monitor closely.
RESOLUTION NO. 367-06
Whereas, an application for a Liquor License
has been submitted to this Council for approval
and the same has been examined and
approved; and
Whereas, the premises to be occupied by such
applicant was 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 applicant a Liquor
License.
CLASS "CO LIQUOR LICENSE
HE-FR LId Gin Rickey's
1447 Central Avenue
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 5-2 with
Braig and Jones voting Nay.
Dubuque Screw Products, Inc.: City Manager
submitting a request from Dubuque Screw
Products, Inc. to assign the Purchase
Agreement, but not the Development
Agreement, approved by the City Council on
June 19, 2006 to Beck Construction, Inc.,
presented and read. Cline moved that the
communication be received and filed and
approved request and the City Attorney
authorized to finalize the non-material changes.
Seconded by Connors. Motion carried 7-0.
Fiscal Year 2007 Dubuque County REAP
Plan: City Manager recommending approval of
the City of Dubuque's update of the FY 2007
Dubuque County REAP Plan, submittal of the
FY 2007 REAP grant application of $200,000 for
the Trolley Line Trail at Eagle Point Park and
appointment of a City Council representative
(currently Council Member Joyce Connors) to
the REAP Committee. presented and read.
Michalski moved that the communication be
received and filed and approved recom-
mendation and reappointment of Joyce
Connors. Seconded by Cline. Motion carried 7-
O.
RESOLUTION NO. 368-06
RESOLUTION AUTHORIZING A REAP
GRANT APPLICATION TO THE IOWA
DEPARTMENT OF NATURAL RESOURCES
FOR TROLLEY LINE TRAIL
Whereas, the City of Dubuque has identified
the Trolley Line Trail as an important
recreational facility to be developed as part of
the City's commitment to a citywide bike/hike
network adopted by the City of Dubuque in
1995; and
Whereas, the Iowa Department of Natural
Resources has allocated grant funds in the
REAP (Resource Enhancement and Protection)
Program for the development of bikelhike trails;
and
Whereas, the City of Dubuque has adopted a
Comprehensive Plan that includes goals for
development of bike/hike trails.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized to
sign and the Planning Services Manager is
hereby authorized to submit an application to the
Iowa Department of Natural Resources for
REAP funds for the Trolley Line Trail.
Section 2. That in the event said application is
approved, the City Council hereby provides its
written assurance that the completed project will
be adequately maintained for its intended use in
accordance with state requirements.
Passed, approved and adopted this 7th day of
August, 2006.
Roy D. Buol, Mayor
Regular Session, August 7, 2006
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Ciine. Motion carried 7-0.
Iowa League of Cities' Legislative Issues
Survey: City Manager recommending approval
of the City's response to the Iowa League of
Cities' Legislative Issues Survey, presented and
read. Cline moved that the communication be
received and fiied and approved response.
Seconded by Connors. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Ann Michalski stated that an article in the New
York Times sounded amazingly like Dubuque.
Roy D. Buol stated that the people at the
Kiwanis Convention were impressed with
Dubuque. Ric Jones stated there were 600+
people at the Kiwanis Convention who were very
impressed with Dubuque and want to come back
again next year.
At 8:37 P.M. Cline moved to go into Closed
Session: re: Pending Litigation and Property
Acquisition - Chapter 21.5(1)(c)0) 2005 Code of
Iowa. Seconded by Connors. Motion carried 7-
O.
At 9:01 P.M. Council reconvened stating that
Staff had been given proper direction.
There being no further business, Cline moved
to adjourn. Seconded by Connors. Motion
carried 7-0. The meeting adjourned at 9:02 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
118/16
Approved:
Adopted
Attest:
City Clerk
Mayor
Councii Members
337
2006
2006
338
Special Session, August 21, 2006
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, August 21,
2006
Council met in Special Session at 6:00 P.M. in
the Library Auditorium
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a
special session of the City Council called for the
purpose of meeting with the Human Rights
Commission to receive an update on ADA
Accessibility.
Jim Jarrard, Chair of the Human Rights
Commission and Judy Giesen, Chair of the
Human Rights ADA Subcommittee, reported on
ADA accessibility in Dubuque. Giesen stressed
the importance of the Americans with Disabilities
Act law, the difficulty of a voiunteer group to get
the job done, and stated that a staff person
shouid be assigned to address this issue. She
also requested consideration of hanging
"Proudly Accessible" banners in Dubuque.
Council discussed the importance of this
project, the responsibility of the Commission,
and the possibility of available tax credits and
other incentives to promote accessibility issues.
There being no further business, Michalski
moved to adjourn. Seconded by Cline. Motion
carried 7-0. The meeting adjourned at 6:29 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 8/30
Approved:
2006
Adopted
2006
Mayor
Council Members
Attest:
City Clerk
Regular Session, August 21, 2006
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, August 21,
2006
Council met in Regular Session at 6:00 P.M. in
the Library Auditorium
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen, City Attorney Lindahl
Mayor Buol 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 Deacon Dave
McGhee 01 Nativity Catholic Church.
CONSENT ITEMS
Minutes and Reports Submitted: Cable
Teleprogramming Commission of 6/6; City
Council of 817; Civil Service of 6/2, 6/6 and 6/30'
Historic Preservation Commission of 7120:
Housing Code Appeals Board of 3/2; library
Board of Trustees of 4/27, 6/22 and 717; Zoning
Advisory Commission of 8/2, presented and
read. Cline moved that the minutes be received
and filed. Seconded by Connors. Motion carried
7-0.
Proofs of publication of City Council
Proceedings of July 17, 2006 and List of Claims
and Summary of Revenues for month ending
June 30, 2006, presented and read. Cline
moved that the proofs be received and filed.
Seconded by Connors. Motion carried 7-0.
Notice of Claims/Suits: Louise Ehlinger for
personal injury, presented and read. Cline
moved that the claim/suit be received and filed
and referred to the City Attorney for
investigation/report. Seconded by Connors.
Motion carried 7-0.
City Attorney advising that the following claims
have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa
Communities Assurance Pool: Louise Ehlinger
for personal injury; Milton Ernst for property
damage; Emily Freiberger for property damage,
presented and read. Cline moved that the
communications be received and filed and
concurred. Seconded by Connors. Motion
carried 7-0.
339
Request to Purchase: Communication from
John Gronen requesting to purchase a portion of
a City-owned alley abutting his property at 1798
Washington Street, presented and read. Cline
moved that the communication be received and
filed and referred to the City Manager.
Seconded by Connors. Motion carried 7-0.
Green Dubuque: Communication from Jake
Werner, 640 Lorimer, regarding the desire for a
green Dubuque and a sustainable future for the
City, presented and read. Cline moved that the
communication be received and filed. Seconded
by Connors. Motion carried 7-0.
Residential Parking Permit District:
Communication from Dorothy and Lisa
McCarthy, 1797 Vizaleea Drive, in appreciation
of the City Council's support for the Residential
Parking Permit District, presented and read.
Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
Certificate of Completion - Marke, LLC
(Vessel Systems): Clly Manager recommending
approval of the issuance of a Certificate of
Completion to Marke, LLC (Vessel Systems) in
the Dubuque Industrial Center West
acknowledging completion of their obligations to
construct Minimum Improvements, presented
and read. Cline moved that the communication
be received and filed and approved
recommendation. Seconded by Connors.
Motion carried 7-0.
PEG Access Capital Grant Expenditure: City
Manager recommending approvai of a $5,000
grant from the Capital Grant for Access
Equipment and Facilities Fund to Wahlert High
School/Holy Famiiy Schools for a new digital
camcorder and $5,070 to Medlacom's Public
Access Studio for a camcorder shoulder brace
and wireless intercom system, presented and
read. Cline moved that the communication be
received and filed and approved
recommendation. Seconded by Connors. Motion
carried 7-0.
Legislative Correspondence: Communication
to Senator Charles Grassley, Senator Tom
Harkin and Congressman Jim Nussle regarding
the RIGHT Act, presented and read. Cline
moved that the communication be received and
filed. Seconded by Connors. Motion carried 7-0.
Asbury Road Widening: City Manager
recommending approval of the acquisition plats
and acceptance of the proposed right-of-way
from the Church of the Resurrection OHO
Properties, AAP Partners and Sam'~ Real
Estate Business Trust, presented and read.
340
Regular Session, August 21, 2006
Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 369-06
A RESOLUTION APPROVING THE
ACQUISITION PLAT OF A PART OF LOT 1 OF
DR. Q'S PLACE IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA AND ACCEPTING
THE DEDICATION OF RIGHT-OF-WAY FOR
ASBURY ROAD
Whereas, the City of Dubuque entered into a
Development Agreement with QHQ Properties
pursuant to which they agreed to survey, plat,
and dedicate right-of-way along the north side of
Asbury Road to the City of Dubuque; and
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, an
Acquisition Plat of a part of Lot 1 of Dr. Q's
Place in the City of Dubuque, Iowa, dated April
24, 2006, prepared by Buesing & Associates;
and
Whereas, upon said plat of Lot A of Dr. Q's
Place in the City of Dubuque, Dubuque County,
Iowa, appears right-of-way and public utility
easements, which the owner, by said Acquisijion
Plat, has dedicated to the public forever; and
Whereas, the Acquisition Plat conforms to the
laws and statues pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Lot A of Dr.
Q's Place in the City of Dubuque, Dubuque
County, Iowa, for right-of-way and public utilities
as they appear upon said Acquisition Plat, be
and the same are hereby accepted.
Section 2. That the Acquisition Plat is hereby
approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the
Plat for and on behalf of the City of Dubuque,
Iowa.
Section 3. That the City Clerk is hereby
authorized and directed to file the Acquisition
Plat and a certified copy of this resolution in the
office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 21" day of
August, 2006.
Roy D. Buol, Mayor
Allest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 370-06
A RESOLUTION APPROVING THE
ACQUISITION PLAT OF A PART OF LOT 1 OF
AAP PLACE IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA AND ACCEPTING
THE DEDICATION OF RIGHT-OF-WAY FOR
ASBURY ROAD
Whereas, the City of Dubuque entered into a
Development Agreement with AAP Partners
pursuant to which they agreed to survey, plat,
and dedicate right-of-way along the north side of
Asbury Road to the City of Dubuque; and
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, an
Acquisition Plat of a part of Lot 1 of AAP Place
in the City of Dubuque, Iowa, dated April 24,
2006, prepared by Buesing & Associates; and
Whereas, upon said piat of Lot A of AAP Place
in the City of Dubuque, Dubuque County, Iowa,
appears right-of-way and public utility
easements, which the owner, by said Acquisition
Plat, has dedicated to the public forever; and
Whereas, the Acquisition Piat conforms to the
laws and statues pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Lot A of AAP
Place in the Cijy of Dubuque, Dubuque County,
Iowa, for right-of-way and public utilities as they
appear upon said Acquisition Plat, be and the
same are hereby accepted.
Section 2. That the Acquisition Plat is hereby
approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the
Piat for and on behalf of the City of Dubuque,
Iowa.
Section 3. That the City Clerk is hereby
authorized and directed to file the Acquisition
Plat and a certified copy of this resolution in the
office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 21" day of
August, 2006.
Roy D. Buol, Mayor
Allest: Jeanne F. Schneider. CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 371-06
A RESOLUTION APPROVING THE
ACQUISITION PLAT OF A PART OF LOT 2 OF
SAM'S PLACE IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA AND ACCEPTING
THE DEDICATION OF RIGHT-OF-WAY FOR
ASBURY ROAD
Whereas, the City of Dubuque entered into a
Development Agreement with Sam's Real
Estate Business Trust pursuant to which they
agreed to survey, plat, and dedicate right-of-way
along the north side of Asbury Road to the City
of Dubuque; and
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, an
Acquisition Plat of a part of Lot 2 of Sam's Place
in the City of Dubuque, Iowa, dated June 28,
2006, prepared by Buesing & Associates; and
Whereas, upon said plat of Lot A of Sam's
Place in the City of Dubuque, Dubuque County,
Regular Session, August 21, 2006
Iowa, appears right-of-way and public utility
easements, which the owner, by said Acquisition
Plat, has dedicated to the public forever; and
Whereas, the Acquisition Plat conforms to the
laws and statues pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Lot A of
Sam's Place in the City of Dubuque, Dubuque
County, Iowa, for right-of-way and public utilities
as they appear upon said Acquisition Plat, be
and the same are hereby accepted.
Section 2. That the Acquisition Plat is hereby
approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the
Plat for and on behalf of the City of Dubuque,
Iowa.
Section 3. That the City Clerk is hereby
authorized and directed to file the Acquisition
Plat and a certified copy of this resoiution in the
office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 21" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 372-06
A RESOLUTION APPROVING THE
ACQUISITION PLAT OF A PART OF LOT 1 OF
SAM'S PLACE IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA AND ACCEPTING
THE DEDICATION OF RIGHT-OF-WAY FOR
ASBURY ROAD
Whereas, the City of Dubuque entered into a
Development Agreement with QHQ Properties
pursuant to which they agreed to survey, plat,
and dedicate right-of-way along the north side of
Asbury Road to the City of Dubuque; and
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, an
Acquisition Plat of a part of Lot 1 of Sam's Place
in the City of Dubuque, Iowa, dated April 24,
2006, prepared by Buesing & Associates; and
Whereas, upon said plat of Lot B of Sam's
Place in the City of Dubuque, Dubuque County,
Iowa, appears right-of-way and public utility
easements, which the owner, by said Acquisition
Plat, has dedicated to the public forever; and
Whereas, the Acquisition Plat conforms to the
laws and statues pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Lot B of
Sam's Place in the City of Dubuque, Dubuque
County, Iowa, for right-of-way and public utilities
as they appear upon said Acquisition Plat, be
and the same are hereby accepted.
341
Section 2. That the Acquisition Plat is hereby
approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the
Plat for and on behalf of the City of Dubuque,
Iowa.
Section 3. That the City Clerk is hereby
authorized and directed to file the Acquisition
Plat and a certified copy of this resolution in the
office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 21" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 373-06
A RESOLUTION APPROVING THE
ACQUISITION PLAT OF A PART OF LOT 1 OF
CHURCH PLACE NO. 2 IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA AND
ACCEPTING THE DEDICATION OF RIGHT-
OF-WAY FOR ASBURY ROAD
Whereas, the City of Dubuque entered into a
Development Agreement with the Church of the
Resurrection, Inc. pursuant to which they agreed
to survey, plat, and dedicate right-of-way along
the north side of Asbury Road to the City of
Dubuque; and
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, an
Acquisition Plat of a part of Lot 1 of Church
Place NO.2 in the City of Dubuque, Iowa, dated
April 24, 2006, prepared by Buesing &
Associates; and
Whereas, upon said plat of Lot A of Church
Place NO.2 in the City of Dubuque, Dubuque
County, Iowa, appears right-of-way and public
utility easements, which the owner, by said
Acquisition Plat, has dedicated to the public
forever; and
Whereas, the Acquisition Plat conforms to the
laws and statues pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Lot A of
Church Place No. 2 in the City of Dubuque,
Dubuque County, Iowa, for right-of-way and
public utilities as they appear upon said
Acquisition Plat, be and the same are hereby
accepted.
Section 2. That the Acquisition Plat is hereby
approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the
Plat for and on behalf of the City of Dubuque,
Iowa.
Section 3. That the City Clerk is hereby
authorized and directed to file the Acquisijion
Plat and a certified copy of this resolution in the
342
Regular Session, August 21, 2006
office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 21" day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Dubuque Main Street, Ltd.: City Manager
recommending approval of an agreement
between the Iowa Department of Economic
Development, the City of Dubuque, and
Dubuque Main Street, Ltd., for the purpose of
continuing the Main Street Program in Dubuque,
presented and read. Michalski moved that the
communication be received and filed. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 374-06
RESOLUTION OF SUPPORT AND FINANCIAL
COMMITMENT FOR THE MAIN STREET
PROGRAM IN DUBUQUE
Whereas, an Agreement between the Iowa
Department of Economic Development,
Dubuque Main Street, Ltd. and the City of
Dubuque for the purpose of continuing the Main
Street Iowa program in Dubuque; and
Whereas, this Agreement is pursuant to
contractual agreements between the National
Trust for Historic Preservation and the Iowa
Department of Economic Development to assist
in the revitalization of the designated Main
Street project area of Dubuque Iowa; and
Whereas, the City Council of Dubuque
endorses the goal of economic revitalization of
the Downtown within the context of preservation
and rehabilitation of its historic buildings and
supports the continuation of the Main Street
Four Point Approach as developed by the
National Trust for Historic Preservation and
espoused by Main Street Iowa.
NOW THEREFORE BE IT RESOLVED by the
City Council of the City of Dubuque, Iowa,
meeting in regular session on August 21, 2006,
that the City of Dubuque hereby agrees to
support both financially and philosophically the
work of Dubuque Main Street, Ltd. and
designates the Main Street Board to supervise
the Program Director.
Passed, approved and adopted this 21st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Collective Bargaining Agreement: City
Manager recommending approval of a collective
bargaining agreement between the City of
Dubuque and the Teamsters Local Union No.
421, presented and read. Cline moved that the
communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 375-06
APPROVING THE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA, AND THE
TEAMSTERS LOCAL UNION NO. 421 AND
AUTHORIZING THE MAYOR TO SIGN THE
AGREEMENT
Whereas, the Sixty-Fifth General Assembly
adopted the Public Employment Relations Act,
Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is a public
employer within the meaning of Section 3 (1) of
the Public Employment Relations Act; and
Whereas, the Teamsters Local Union No. 421
is an employee organization within the meaning
of Section 3 (4) of the Public Employment
Relations Act; and
Whereas, the Teamsters Local Union No. 421,
submitted a request to bargain collectively on
behalf of the employees within its
representation; and
Whereas, bargaining between the parties has
occurred and an agreement has been
concluded.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the terms of the agreement be
approved and the Mayor authorized and directed
to sign the collective bargaining agreement.
Passed, approved and adopted this 21 st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resoiution.
Seconded by Connors. Motion carried 7-0.
Carnegie Stout Public Library: Communi-
cations in support of the restoration and
renovation plans of the Carnegie Stout Public
Library, presented and read. Cline moved that
the communications be received and filed.
Seconded by Connors. Motion carried 7-0.
iowa Department of Transportation:
Notification from the Iowa Department of
Transportation that a HMA (Hot Mix Asphalt)
Joint and Crack Sealing Project on US 20 from
Old Highway Road east to the Northwest Arterial
will be let on November 21, 2006, presented and
read. Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
Improvement Contracts / Performance,
Payment and Maintenance Bonds: 2006
Grandview Avenue Concrete Section Repair
Project and Northwest Arterial Hike/Bike Trail
Phase I Project, presented and read. Cline
Regular Session, August 21, 2006
moved that the communications be received and
filed. Seconded by Connors. Motion carried 7-0.
Business License Refund: Refund of Isabella's
at the Ryan House, LLC liquor license In the
amount of $168.75, presented and read. Cline
moved that the communication be received and
filed. Seconded by Connors. Motion carried 7-0.
Liquor License Transfer: Transfer of the liquor
license of the Rotary Club of Dubuque from the
Grand Opera House to the Port of Dubuque for
the Rock and Soul Reunion II, presented and
read. Cline moved that the communication be
received and filed and approved transfer.
Seconded by Connors. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 376-06
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having compiled with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
2 NEW
Clark of Dubuque Shahid Mahmood
700 Rhomberg Ave
Gin Rickeys Hefel/Frommelt LLC
1447 Central Ave
Passed, approved and adopted this 21 st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 377-06
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having compiled with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
2 RENEWALS
Murph's Southend Tap
Pam Murphy
55 Locust St
Rick Shannon
521 E. 22nd St
Passed, approved and adopted this 21st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
\
Shannons Bar
343
RESOLUTION NO. 378-06
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "B" BEER (5 - DAY SPECIAL EVENT)
Riverfest Special Events Riverfest Special
Event+(Sunday/Outdoor Sale) 7th & Main
CLASS "C" BEER PERMIT
CSC Gas Inc Clark of Dubuque+
(Sunday Sale) 700 Rhomberg
Rainbo Oil Company Kwik Stop Food
Mart+(Sunday Sale) 2255 Kerper
Sid's Beverage Sid's Beverage+
(Sunday Sale) 2727 Dodge St
TFM Company Oky Doky # 6+
(Sunday Sale) 1256 Iowa St
Passed, approved and adopted this 21st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 379-06
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved: and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS "C" BEER/LIQUOR LICENSE
Haggerty Enterprises, Inc Ten Pin Tap+
(Sunday Sale) 601 Rhomberg Av
Chad's Bar LLC Total Chaos+
(Sunday Sale) 1700 Central Av
Courtside, Inc Courtside Sports Bar/Grill+
(Sunday/Outdoor Sale) 2095 Holiday Dr
Clarke College Clarke College+
(Sunday/Outdoor Sale) 1550 Clarke Dr
Fraternal Order of Eagles Eagle Club
(1 Day Outdoor Sale) 1175 Century Dr
CLASS "B" WINE
344
Regular Session, August 21, 2006
TFM Co. Oky Doky # 6 1256
10waSt
Sid's Sid's Beverage 2727
Dodge St
Passed, approved and adopted this 21 st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Loras College - Request to Vacate: City
Manager recommending that a public hearing be
set for September 5, 2006 to consider a request
from Loras College to vacate and purchase a
portion of a City-owned alley between West 16th
Street and West 17th Street west of Catherine
Street, presented and read. Lynch moved that
the communication be received and filed.
Seconded by Braig. Motion earned 7-0.
RESOLUTION NO. 380-06
RESOLUTION OF INTENT TO VACATE AND
DISPOSE OF CITY INTEREST IN LOT 44A OF
YATES' SUBDIVISION OF OUTLOTS 780 AND
713 IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY,IOWA
Whereas, Loras College has requested the
vacating and disposal of the westerly 30 feet of
the alley between West 16th Street and West
17'h Street west of Catherine Street; and
Whereas, IIW Engineers & Surveyors, PC has
prepared and submitted to the City Council a
plat showing the vacated portion of westerly 30
feet of the alley between West 16'h Street and
West 17'h Street west of Catherine Street and
assigned a lot number thereto, which hereinafter
shall be known and described as Lot 44A of
Yates' Subdivision of Outlots 780 and 713 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 City of Dubuque intends to
vacate and dispose of its interest in Lot 44A of
Yates' Subdivision of Outlots 780 and 713 in the
City of Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot 44A of
Yates' Subdivision of Outlots 780 and 713 in the
City of Dubuque, Dubuque County, Iowa, to
Loras College be contingent upon the payment
of $1 ,290.00, plus platting, publication, and filing
fees.
Section 3. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to vacate and dispose of said reai estate
to be published in the manner as prescribed by
law.
Passed, approved and adopted this 21'1 day of
August, 2006.
Roy D. Buol, Mayor
Attest; Jeanne F. Schneider, CMC,
City Clerk
Lynch moved adoption of the Resolution and
set this for public hearing on Tuesday, 9/5/06, 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 Braig. Motion carried 7-0.
Vacate Unnamed Road Off of Rosedale
Avenue; City Manager recommending that a
pUblic hearing be set for September 5, 2006 to
consider vacating a portion of an unnamed
street off of Rosedale Avenue, presented and
read. Lynch moved that the communication be
received and filed. Seconded by Braig. Motion
carried 7-0.
RESOLUTION NO. 381-06
RESOLUTION OF INTENT TO VACATE AND
DISPOSE OF CITY INTEREST IN AN
UNNAMED ROAD SOUTH OF ROSEDALE
AVENUE NEAR GLEN OAK STREET TO BE
DESCRIBED AS LOTS D, E, F AND G OF
ROSE DALE ADDITION NO.2 IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, the Engineering Department has
requested the vacating and disposal of an
unnamed road south of Rosedale Avenue near
Glen Oak Street; and
Whereas, the Engineering Department has
prepared and submitted to the City Council plats
showing the vacated portion of an unnamed
road south of Rosedale Avenue near Glen Oak
Street and assigned lot numbers thereto, which
hereinafter shall be known and described as
Lots D, E, F and G of Rosedaie Addition NO.2 in
the City of Dubuque, Dubuque County, Iowa;
and
Whereas, the City Council of the City of
Dubuque, iowa has determined that this
unnamed road south of Rosedale Avenue near
Glen Oak Street is no longer required for pUblic
use, except for utility easements as noted, and
vacating and sale of said portions of alleys and
streets known as Lots D, E, F and G of
Rosedale Addition 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 City of Dubuque intends to
vacate and dispose of its interest in Lots D, E, F
and G of Rosedale Addition No.2 in the City of
Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot D of
Rosedale Addition No.2 in the City of Dubuque,
Dubuque County, iowa, to Robert C. and Mary
Regular Session, August 21, 2006
E. Timmerman be contingent upon the payment
of $300.00, plus publication and filing fees.
Section 3. That the conveyance of Lot E of
Rosedale Addition NO.2 in the City of Dubuque,
Dubuque County, Iowa, in the City of Dubuque,
Iowa, to Michael J. and Sonya A. Bryson be
contingent upon the exchange of properties.
Section 4. That the conveyance of Lot F of
Rosedale Addition NO.2 in the City of Dubuque,
Dubuque County, Iowa, to John B. and Dana M.
Priest be contingent upon the payment of
$300.00, plus publication and filing fees.
Section 5. That the conveyance of Lot G of
Rosedale Addition No.2 in the City of Dubuque,
Dubuque County, Iowa, to Blum Properties be
contingent upon the payment of $1.00, plus
publication and filing fees.
Section 6. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to vacate and dispose of said real estate
to be published in the manner as prescribed by
law.
Passed, approved and adopted this 21 ~ day of
August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Lynch moved adoption of the Resolution and
set this for public hearing on Tuesday, 9/5/06, 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 Braig. Motion carried 7-0.
Fourth Street Extension Vacating: City
Manager recommending that a public hearing be
set for September 5, 2006 to consider vacating
the Fourth Street Extension to reconstruct the
street in this area to provide access to the Shot
Tower and parking areas adjacent to the
brewery, presented and read. Lynch moved
that the communication be received and filed.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 382-06
RESOLUTION OF INTENT TO VACATE LOT
W IN DUBUQUE HARBOR IMPROVEMENT
COMPANY ADDITION IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, the City of Dubuque Engineering
Department has requested the vacating of
Fourth Street Extension; and
Whereas, WHKS & Co. has prepared and
submitted to the City Council a plat showing the
vacated Fourth Street Extension, except for
reserving the utility easements as noted, and
assigned a lot number thereto, which hereinafter
shall be known and described as Lot W in
Dubuque Harbor Improvement Company
Addition in the City of Dubuque, Dubuque
County, Iowa, should be approved.
345
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
vacate Lot W in Dubuque Harbor Improvement
Company Addition in the City of Dubuque,
Dubuque County, Iowa.
Section 2. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to vacate of said real estate to be
published in the manner as prescribed by law.
Passed, approved and adopted this 21~ day of
August, 2006.
Roy D. Buoi, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Lynch moved adoption of the Resolution and
set this for pUblic hearing on Tuesday, 9/5/06, at
a meeting to commence at 6:30 P.M. in the
public library audilorium and direct the City Clerk
to publish notice in the manner prescribed by
law. Seconded by Braig. Motion carried 7-0.
Voluntary Annexation Request: City Manager
recommending that a public hearing be set for
September 18, 2006 to consider a request from
Dubuque Bank and Trust to voluntarily annex
property located at 2690 Rockdale Road into the
City of Dubuque in conjunction with rezoning to
C-3 General Commercial District, presented and
read. Lynch moved to receive and file the
communication and set public hearing for
9/18/06 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 Braig. Motion
carried 7-0.
Asbury Road Eastbound Lane Widening
Project: City Manager recommending initiation of
the public bidding process for the Asbury Road
Eastbound Lane Widening Project and that a
public hearing be set for September 18, 2006,
presented and read. Lynch moved that the
communication be received and filed.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 383-06
PRELIMINARY APPROVAL
OF PLANS AND SPECIFICATIONS
NOW THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Asbury
Road Eastbound Lane Widening Project, in the
estimated amounts of $119,500 for Phase I and
$114,000 for Phase II are hereby approved and
ordered filed in the office of the City Clerk for
public inspection.
Passed, adopted and approved this 21~ day of
August, 2006.
Roy D. Buol, Mayor
346
Regular Session, August 21, 2006
Attest: Jeanne F. Schneider, CMC, City Clerk
Lynch moved adoption of the Resolution,
Seconded by Braig, Motion carried 7-0,
RESOLUTION NO, 384-06
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Councii of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Asbury Road Eastbound Lane Widening
Project,
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 18'"
day of September, 2006, at 6:30 p,m, in the
Public Library Auditorium at which time
interested persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for its consideration, At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement.
Passed, adopted and approved this 21" day of
August, 2006,
Roy D, Buol, Mayor
Attest: Jeanne F, Schneider, CMC, City Clerk
Lynch moved adoption of the Resolution,
Seconded by Braig, Motion carried 7-0,
RESOLUTION NO. 385-06
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Asbury Road Eastbound Lane
Widening Project is hereby ordered to be
advertised for bids for construction,
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted,
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p,m, on
the 12'h day of September, 2006, 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 18'h day of
September, 2006,
Passed, adopted and approved this 21" day of
August, 2006,
Roy D, Buol, Mayor
Attest: Jeanne F, Schneider, CMC, City Clerk
Lynch moved adoption of the Resolution,
Seconded by Braig, Motion carried 7-0,
Pyatigorsk Park Parking Lot Project: City
Manager recommending initiation of the public
bidding process for the Pyatigorsk Park Parking
Lot Project and that a publiC hearing be set for
September 18, 2006, presented and read,
Lynch moved that the communication be
received and filed, Seconded by Braig, Motion
carried 7-0,
RESOLUTION NO. 386-06
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Pyatigorsk
Park Parking Lot Project, in the estimated
amount of $45,000, are hereby approved and
ordered filed in the office of the City Clerk, for
public inspection,
Passed, approved and adopted this 21 st day
of August, 2006,
Roy D, Buol, Mayor
Attest: Jeanne F, Schneider, City Clerk
Lynch moved adoption of the Resolution,
Seconded by Braig, Motion carried 7-0,
RESOLUTION NO. 387-06
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Pyatigorsk Park Parking Lot Project,
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that on the 18th day of
September, 2006, 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 pians 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
Regular Session, August 21, 2006
to the day fixed for its consideration. At the
hearing, any interested person may appear and
file objections to the proposed pians,
specifications, contract, or estimated cost of the
improvement.
Passed, approved and adopted this 21st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Lynch moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 388-06
ORDERING BIDS
BE iT RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Pyatigorsk Park Parking Lot Project is
hereby ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the notice to bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be pubiished
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 7th day of September, 2006. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 18th day of
September, 2006.
Passed, approved and adopted this 21st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Lynch moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Boards/Commissions:
Housing Commission: (Three 3-year at-large
terms through 8/17/09 - terms of Culbertson,
Holz and Grant) Additional Applicants: Linda
Frommelt, Rachel M. Savage Ms. Frommelt
and Ms. Savage both spoke requesting
consideration for appointment.
Appointments to the following Boards /
Commissions:
Environmental Stewardship Advisory
Commission (One 1-year youth term - term of
Miller) Applicant: Claire Miller Connors
moved that Claire Miller be reappointed to a one
347
year term which will expire 6/1/07. Seconded
by Michalski. Motion carried 7-0.
Housing Advisory Trust Fund Committee (One
3-year at-large term through 8/17/09 - term of
Hingtgen) Applicant: Doris M. Hingtgen
Michalski moved that Doris M. Hingtgen be
reappointed to a three year term to expire on
8/17/09. Seconded by Lynch. Motion carried 7-
O.
Housing Commission (Three 3-year at-large
terms through 8/17/09 - terms of Culbertson,
Holz and Grant and one 3-year Section 8 term
through 8/17/09 - term of Plein) At-Large
Applicants: Dorothy A. Culbertson, Jim Holz
and additional applicants Linda Frommelt and
Rachel M. Savage. Vote on the appointments
was as follows: Michalski voted for Culbertson,
Holz and Savage. Braig voted for Culbertson,
Holz and Savage. Buol voted for Culbertson,
Holz and Savage. Cline voted for Culbertson,
Holz and Savage. Connors voted for Culbertson,
Holz and Frommelt. Jones voted for Culbertson,
Holz and Savage. Lynch voted for Culbertson,
Frommelt and Savage. Therefore, Dorothy A.
Culbertson and Jim Holz were reappointed and
Rachel M. Savage was appointed to three year
terms on the Housing Commission which will
expire 8/17/09.
Section 8 Applicant: John J. Plein; Michalski
moved that John J. Plein be reappointed to a
three year term on the Housing Commission
which will expire 8/17/09. Seconded by
Connors. Motion carried 7-0.
PUBLIC HEARINGS
Michalski moved that the rules be suspended
to allow anyone present to address the Council.
Seconded by Cline. Motion carried 7-0.
4905 Old Highway Road - Request to Rezone:
Proof of publication on notice of hearing to
consider amending Appendix A (the Zoning
Ordinance) by reclassifying property located at
4905 Old Highway Road from R-3 Moderate
Density Multi-Family Residential District to C-3
General Commercial District as requested by
David Bleile and Zoning Advisory Commission
recommending approval, presented and read.
Michalski moved that the proof and
communication be received and filed. Seconded
by Jones. Motion carried 7-0.
David Bleile spoke in favor of the requested
rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) by reclassifying hereinafter
described property located at 4905 Old Highway
Road from R-3 Moderate Density Multi-Family
Residential District to C-3 General Commercial
District, presented and read.
348
Regular Session, August 21, 2006
OFFICIAL PUBLICATION
ORDINANCE NO. 58-06
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 4905 OLD
HIGHWAY ROAD FROM R-3 MODERATE
DENSITY MULTI-FAMILY RESIDENTIAL
DISTRICT TO C-3 GENERAL COMMERCIAL
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-3
Moderate Density Multi-Family Residential
District to C-3 General Commercial District , to
wit:
Westerly 125' of Lot 2 of 1 of 1 of 1 SW Yo SE
Yo Section 29, 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 21 st day
of August 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 28th day of August, 2006.
Jeanne F. Schneider, City Clerk
1t8/28
Michalski 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 Jones. Motion carried
7-0. Michalski moved final consideration and
passage of the Ordinance. Seconded by Braig.
Motion carried 7-0.
Seippel Court - Request to Rezone: Proof of
publication on notice of hearing to consider
amending Appendix A (the Zoning Ordinance)
by reclassifying property located on Seippel
Court from R-2 Two-Family Residential District
to CS Commercial Service and Wholesale
District as requested by Brian Lammers / Tri-
State Development Company and Zoning
Advisory Commission recommending approval,
presented and read. Connors moved that the
proof and communication be received and filed.
Seconded by Braig. Motion carried 7-0.
Brian Lammers spoke in favor of the requested
rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) by reclassifying hereinafter
described property located on Seippel Court
from R-2 Two-Family Residential District to CS
Commercial Service and Wholesale District,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO, 59-06
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT SEIPPEL
COURT FROM R-2 TWO-FAMILY
RESIDENTIAL DISTRICT TO CS
COMMERCIAL SERVICE AND WHOLESALE
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-2
Two-Family Residential District to CS
Commercial service and Wholesale District, to
wit:
North 40.09' of Lot 2 and Lot 3 Seippel Road
Commercial Park, Plat 2, 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 21st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 28th day of August, 2006.
Jeanne F. Schneider, City Clerk
1t 8/28
Connors 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 Braig. Motion carried
7-0. Connors moved final consideration and
passage of the Ordinance. Seconded by Jones.
Motion carried 7-0.
Conlon Johnson Deveiopment LLC
Development Agreement: Proof of publication on
notice of hearing to consider approval of a
Regular Session, August 21, 2006
Development Agreement providing for the sale
of 4.694 acres of land in Dubuque Technology
Park to Conlon Johnson Development LLC for
construction of a 22,000 square foot office
building and City Manager recommending
approval, presented and read. Connors moved
that the proof and communication be received
and filed. Seconded by Cline. Motion carried 7-
O.
Marty Johnson of Straka Johnson Architects
spoke in favor of the Development Agreement
and sale.
RESOLUTION NO, 389-06
RESOLUTION APPROVING A DEVELOP-
MENT AGREEMENT PROVIDING FOR THE
SALE OF LOT 4 BLOCK 1 DUBUQUE
TECHNOLOGY PARK IN THE CITY OF
DUBUQUE, IOWA, ACCORDING TO THE
RECORDED PLAT THEREOF AND LOT 1 OF
DUBUQUE TECHNOLOGY PARK NO. 2 TO
CONLON JOHNSON DEVELOPMENT, LLC.
Whereas, the City Council, by Resolution No.
354-06, dated August 7, 2006, declared its intent
to enter into a Development Agreement with
Conlon Johnson Development, LLC for the sale
of Lot 4 Block 1 Dubuque Technology Park in
the City of Dubuque, Iowa, according to the
recorded plat thereof and Lot 1 of Dubuque
Technology Park No.2 (the Property); and
Whereas, pursuant to published notice, a
public hearing was held on the proposed
disposition on August 21, 2006 at 6:30 p.m. at
the Carnegie-Stout Public Library Auditorium,
360 W. 11th Street, Dubuque, Iowa.; and
Whereas, it is the determination of the City
Council that approval of the Development
Agreement for the sale to and development of
the Property by Conlon Johnson Development,
LLC according to the terms and conditions set
out in the Development Agreement is in the
public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development
Agreement by and between the City of Dubuque
and Conlon Johnson Development, LLC for the
sale of the Property is hereby approved.
Section 2. That the Mayor is hereby
authorized and directed to execute the
Development Agreement on behalf of the City
and City Clerk is authorized and directed to
attest to his signature.
Section 3. That the Mayor and City Clerk are
hereby authorized and directed to execute and
deliver a Special Warranty Deed for the Property
as provided In the Development Agreement.
Section 4. That the City Manager is authorized
to take such actions as are necessary to comply
with the terms of the Development Agreement
as herein approved.
349
Passed, approved and adopted this 21 st day
of August, 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Expansion of First Supply LLC: Proof of
publication on notice of hearing to consider
approval of a Development Agreement with First
Supply LLC and the sale of five acres of land in
Dubuque Industrial Center West 5th Addition for
construction of a 30,000 square foot distribution
warehouse and City Manager recommending
approval, presented and read. Connors moved
that the proof and communication be received
and filed. Seconded by Michalski. Motion carried
7-0.
Dave Prahler, Vice President of First Supply,
spoke in favor of the Development Agreement
and sale.
RESOLUTION NO. 390-06
RESOLUTION APPROVING A DEVELOP.
MENT AGREEMENT PROVIDING FOR THE
SALE OF LOT 1 OF 3 OF DUBUQUE
INDUSTRIAL CENTER WEST 5TH ADDITION
IN THE CITY OF DUBUQUE, IOWA, TO FIRST
SUPPLY, LLC.
Whereas, the City Council, by Resolution No.
360-06, dated August 7, 2006, declared its intent
to enter into a Development Agreement with
First Supply, LLC for the sale of Lot 1 of 3 of
Dubuque Industrial Center West 5th Addition in
the City of Dubuque, Iowa (the Property); and
Whereas, pursuant to published notice, a
public hearing was held on the proposed
disposition on August 21, 2006 at 6:30 p.m. at
the Camegie-Stout Public Library Auditorium,
360 W. 11th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City
Council that approval of the Development
Agreement for the sale to and development of
the Property by First Supply, LLC according to
the terms and conditions set out in the
Development Agreement is in the public interest
of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development
Agreement by and between the City of Dubuque
and First Supply, LLC for the sale of the
Property is hereby approved.
Section 2. That the Mayor is hereby
authorized and directed to execute the
Development Agreement on behalf of the City
and City Clerk is authorized and directed to
attest to his signature.
350
Regular Session, August 21, 2006
Section 3. That the Mayor and City Clerk are
hereby authorized and directed to execute and
deliver a Special Warranty Deed for the Property
as provided in the Development Agreement.
Section 4. That the City Manager is authorized
to take such actions as are necessary to comply
with the terms of the Development Agreement
as herein approved.
Passed, approved and adopted this 21st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Greater Downtown Urban Renewal Plan:
Proof of pUblication on notice of hearing to
consider an Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban
Renewal District to extend the boundaries of the
District and City Manager recommending
approval, presented and read. Jones moved that
the proof and communication be received and
filed. Seconded by Michalski. Motion carried 7-
O.
Rhodes "Bud" Isenhart, 8968 Quail Ridge
Court, spoke objecting to the proposed use of
TIF funds. Clarification of proposed plans
concerning the Federal Building and parking
issues was given by City Manager Michael C.
Van Milligen and Economic Development
Director David Heiar.
RESOLUTION NO. 391-06
A RESOLUTION APPROVING THE AMENDED
AND RESTATED URBAN RENEWAL PLAN
FOR THE GREATER DOWNTOWN URBAN
RENEWAL DISTRICT
Whereas, on July 17, 2006 the City Council of
the City of Dubuque, Iowa authorized the
preparation of an Amended and Restated Urban
Renewal Plan (the "Plan") for the Downtown
Dubuque Urban Renewal District (the "District");
and
Whereas, the City of Dubuque's primary
objective in amending this Plan is to provide
opportunities for further redevelopment and
reinvestment in the downtown; and
Whereas, the Long Range Planning
Commission has reviewed the proposed Plan
and has found that said document is consistent
with the Comprehensive Plan for the
development of the City of Dubuque as a whole
and has transmitted its findings to the City
Council; and
Whereas, a consultation process has been
undertaken with affected taxing entitles in
accordance with Chapter 403 of the Code of
Iowa with no written objections or recommended
changes to the Plan received; and
Whereas, the City Council, in accordance with
Chapter 403 of the Code of Iowa, has heid a
public hearing on the proposed amended and
restated Plan after public notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated
Urban Renewal Plan for the Greater Downtown
Urban Renewal District, attached hereto and
made reference to herein, be approved.
Section 2. That the City Clerk of the City of
Dubuque, Iowa is hereby authorized and
directed to file a certified copy of the Resolution
in the office of the Dubuque County Recorder.
Passed, approved and adopted this 21st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Jones moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Flora Pool Painting Project: Proof of
publication on notice of hearing to consider
adoption of the plans and specifications for the
Flora Pool Painting Project and City Manager
recommending award of the contract to Fred
Jackson Tuckpointing, Inc. in the amount of
$50,350, presented and read. Cline moved that
the proof and communication be received and
filed. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 392-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
WHEREAS, on the 17th day of July, 2006,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Flora Pool Painting
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 21 st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 393-06
AWARDING CONTRACT
WHEREAS, sealed proposals have been
submitted by contractors for the Flora Pool
Painting Project pursuant to Resolution No. 326-
06, and notice to bidders published in a
Regular Session, August 21, 2006
newspaper published in the City of Dubuque,
Iowa, on the 21 st day of July, 2006.
WHEREAS, said sealed proposals were
opened and read on the 10th day of August,
2006, and it has been determined that the bid of
Fred Jackson Tuckpointing, Inc. in the amount of
$50,350 was the lowest bid for the furnishings of
all labor and materials and performing the work
as provided for in the plans and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Fred Jackson Tuckpointing, Inc.,
and the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to retum
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 21 st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 394-06
APPROVING CONSTRUCTION CONTRACT
WITH FRED JACKSON TUCKPOINTING, INC,
FOR THE FLORA POOL PAINTING PROJECT
Whereas, the City Council by Resolution No.
393-06 awarded the construction contract for the
Flora Pool Painting Project to Fred Jackson
Tuckpointing, Inc.; and
Whereas, Fred Jackson Tuckpointing, Inc. has
submitted the attached executed contract and
bond.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The contract and bond attached hereto are
hereby approved.
2. The City Manager is hereby authorized and
directed to execute the contract on behalf of the
City of Dubuque.
Passed, approved and adopted this 21 st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
Floodwall Pumping Facility Improvement
Projects: Proof of publication on notice of
hearing to consider adoption of the plans and
specifications for the Floodwall Pumping Facility
Improvement Projects and City Manager
recommending award of the contract to Kiuck
351
Construction in the amount of $446,420.80,
presented and read. Cline moved that the proof
and communication be received and filed.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 395-06
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Floodwall
Pumping Station Improvement Projects pursuant
to prior resolution and notice to bidders
published in a newspaper published in the city of
Dubuque, Iowa on the 21st day of July 2006.
Whereas, said sealed proposals were opened
and read on the 9th day of August 2006 and it
has been detemnined that the base bid of Kluck
Construction of Dubuque, Iowa in the amount of
$223,860.80 was the lowest bid for providing all
labor and materials and performing the work as
provided for in the plans and specifications. The
contract will also include project alternates A, B
and C for the additional cost of $222,560.00.
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 Kluck Construction and the City
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 21 st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 396-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 17th day of July 2006, plans,
specifications, fomn of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the Floodwall Pumping Station
Improvement Projects.
Whereas, notice of hearing on plans,
specifications, fomn 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.
352
Regular Session, August 21, 2006
Passed, adopted and approved this 21st day
of August, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 397-06
APPROVING CONSTRUCTION CONTRACT
WITH KLUCK CONSTRUCTION FOR THE
FLOODWALL PUMPING STATION IMPROVE-
MENT PROJECTS
Whereas, the City Council by Resolution No.
396-06 awarded the construction contract for the
Floodwall Pumping Station Improvement
Projects to Kluck Construction; and
Whereas, Kluck 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 21 st day
of August, 2006.
Roy D. Buoi, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
Connors moved that the rules be reinstated
iimiting discussion to the Council. Seconded by
Lynch. Motion carried 7-0.
ACTION ITEMS
Greater Dubuque Development Corporation:
Rick Dickinson, Greater Dubuque Development
Corporation, to provide a verbal report regarding
the activities of GDDC.
Rick Dickinson spoke of the recent positive
activities of GDDC.
Cline moved that the report be received and
filed. Seconded by Jones. Motion carried 7-0.
Cottingham and Butler - Memorandum of
Understanding: City Manager recommending
approval of a Memorandum of Understanding
with Cottingham and Butler concerning their
expansion in downtown Dubuque with significant
renovations of the Security Building located at
151 West 8th Street and the former House of
China Building located at 803 Main Street,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Jones. Motion carried 7-0.
RESOLUTION NO. 398-06
A RESOLUTION APPROVING A
MEMORANDUM OF UNDERSTANDING WITH
COTTINGHAM & BUTLER FOR AN
EXPANSION IN DOWNTOWN DUBUQUE
Whereas, Cottingham & Butler is proposing to
expand employment in the City of Dubuque, and
Whereas, the City is encouraging the
Company to expand its operations in Downtown
Dubuque, and
Whereas, a Memorandum of Understanding
has been prepared for said expansion,
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF DUBUQUE, IOWA, AS
FOLLOWS:
Section 1. The attached Memorandum of
Understanding is hereby approved.
Section 2. The City Manager is hereby
directed to prepare documents necessary to
implement the Memorandum of Understanding
Passed, approved and adopted this 21st day
of August 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Ciine moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Cedar Lake East Third Addition: Zoning
Advisory Commission recommending approval
of the final plat of Cedar Lake East Third
Addition, upon motion received and filed. Cline
moved that the communication be received and
filed. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO, 399-06
A RESOLUTION APPROVING PLAT OF
SURVEY OF LOT 1-2 AND LOT A-2 OF
CEDAR LAKE EAST THIRD ADDITION IN THE
CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a Plat of Survey of Lot 1-2 and Lot A-2 of
Cedar Lake East Third Addition in the City of
Dubuque, Iowa; and
Whereas, upon said Plat of Survey appears a
private street to be known as North Cedar Court
(Lot A-2), with certain pUblic utility easements,
which the owner by said Plat of Survey has
dedicated such easements to the pubiic forever;
and
Whereas, the Plat of Survey has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been
examined by the City Council and they find that
it conforms to the statutes and ordinances
relating to it, except that no streets or public
utilities have yet been constructed or installed.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of easements
for public utilities, as they appear upon said Plat
Regular Session, August 21, 2006
of Survey, be and the same are hereby
accepted; and
Section 2. That the Plat of Survey of Lot 1-2
and Lot A-2 of Cedar Lake East Third Addition is
hereby approved by the Mayor and City Clerk
are hereby authorized and directed to endorse
the approval of the City of Dubuque, iowa, upon
said Plat of Survey, provided the owners of said
property herein named, execute their written
acceptance hereto attached agreeing:
(a) To reduce North Cedar Court (Lot A-2) to
grade and to hard surface with asphaltic
concrete, all in accordance with the City of
Dubuque standard specifications, in
conformance with construction improvement
plans approved by the City Engineer for a
private street.
(b) To install sanitary sewer mains and sewer
service laterals into each individual lot, water
mains and water service laterals into each
individual lot, 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. The private street and sanitary sewer
mains are so designated as private mains and
shall be maintained by the owners and/or
homeowners' association.
(c )To construct said improvements, prior to
two (2) years from the date of acceptance of this
resolution, at the sole expense of the owners, or
future owner;
(d) 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
owners, or future owner;
And, further provided that said Gibbs
Construction, Inc., as owner of said property,
shall secure the performance of the foregoing
public water main 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. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that water main improvements have
been completed in accordance with the
improvement plans and City standard
speCifications and accepted by City Council
Resolution.
Section 4. That in the event Gibbs
Construction, Inc. fails to execute the
acceptance and furnish the guarantees provided
in Sections 2 and 3 hereof within 180 days after
the date of this Resolution, the pOrovisions
hereof shall be null and void and the acceptance
and approval the plat shall not be effective.
353
Passed, approved and adopted this 21 st day
of August 2006.
Roy D. Buol, Mayor
Attest Jeanne F. Schneider, City Clerk
ACCEPTANCE OF
RESOLUTION NO. 399-06
I, Marty Gibbs, representing Gibbs
Construction, Inc., the undersigned, having read
the terms and conditions of the Resoiution No.
399-06 and being familiar with the conditions
thereof, hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, Iowa this 21" day of
August 2006.
/s/ Marty Gibbs
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Asbury Piaza Business Park First Addition:
City Manager recommending approval of the
final plat of Asbury Plaza Business Park First
Addition, presented and read. Lynch moved that
the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 400-06
RESOLUTION APPROVING THE FINAL PLAT
OF ASBURY PLAZA BUSINESS PARK FIRST
ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Cierk a Final Piat of Asbury Plaza Business Park
First Addition; and
Whereas, upon said final plat appear streets to
be known as Plaza Drive (Lot A), North Plaza
Loop (Lot E), Plaza Court (Lot F) and Plaza
Court (Lot G); and
Whereas, the conceptual plan/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 and 3 below; and
Whereas, said finai plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it, except
that no streets or public u1i1ities 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 Plaza Drive
(Lot A), North Plaza Loop (Lot E), Plaza Court
(Lot F) and Plaza Court (Lot G), 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; and
Section 2. That the Final Plat of Asbury Plaza
Business Park First Addition is hereby approved,
and the Mayor and City Clerk are hereby
354
Regular Session, August 21, 2006
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 Plaza Drive (Lot A), North Plaza
Loop (Lot E), Plaza Court (Lot F), and Plaza
Court (Lot G) to grade and to construct concrete
curb and gutter and to hard surface with
asphaltic concrete, or with concrete paving with
integral curb, all in accordance with the City of
Dubuque standard specifications, all In a
manner acceptable to the City Engineer, in
conformance with construction improvement
plans approved by the City Engineer, and
inspected by the City Engineer;
(b) To install sanitary sewer 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 private storm water
detention facility (Lot B) in a manner acceptable
to the City Engineer, in accordance with the City
of Dubuque standard specifications approved by
the City Engineer, and inspected by the City
Engineer. No building permit shall be issued
until the detention basin is functional or with the
written consent of the City Engineer;
(d) To install sidewalks aiong all public streets
in accordance with the typical cross section and
improvement plans approved by the City
Engineer;
(e) To construct said improvements, prior to
two (2) years from the date of acceptance of this
resolution, at the sole expense of the owners, or
future owner;
'(I) 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
owners, or future owner;
And, further provided that said Motor City LLC;
Projects Plus Ltd., as owners 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. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that al public improvements have been
completed in accordance with the improvement
plans and City standard specifications and
accepted by City Council Resolution.
Section 4. That in the event Motor City, LLC.;
Projects Plus, Ltd. fails to execute the
acceptance and furnish the guarantees provided
in Sections 2 and 3 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 21~ day of
August 2006.
Roy D. Buol, Mayor,
Attest: Jeanne F. Schneider, City Clerk
Lynch moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Riverside Boat Pier Grant: City Manager
recommending approval of the submittal of a
Tier 2 Boating Infrastructure Grant application to
the Iowa Department of Natural Resources and
further recommending City Council approval of
the revised project budget in the amount of
$5,088,950, of which $1,088,950 would be the
City of Dubuque's local match, presented and
read. Cline moved that the communication be
received and filed. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO, 401-06
RESOLUTION AUTHORIZING AN APPLICA-
TION FOR A BOATING INFRASTRUCTURE
GRANT FOR RIVERSIDE BOAT PIER
PROJECT AT THE PORT OF DUBUQUE
Whereas, U. S. Fish and Wildlife provides a
federal pass-through grant program to the Iowa
Department of Natural Resources for Tier 2
Boating Infrastructure Grants for transient boat
docks; and
Whereas, the Ctty of Dubuque has determined
that the construction of the Riverside Boat Pier
Project at the Port of Dubuque is consistent with
the Port of Dubuque Master Plan; and
Whereas, the construction of transient boat
docks at the Port of Dubuque 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 Tier 2 Boating Infrastructure
Grant to fund the Riverside Boat Pier Project is
hereby approved.
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.
Passed, approved and adopted this 21 st day
of August, 2006.
Roy D. Buo1, Mayor
Attest: Jeanne F. Schneider, City Clerk
Regular Session, August 21, 2006
355
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Unified Deveiopment Code: City Manager
recommending approval of the proposed
committees for the Unified Development Code
process, presented and read. Michalski moved
that the communication be received and filed
and recommendation approved. Seconded by
Connors. Motion carried 7-0.
Sustainable Communities: Information from
the American Institute of Architects regarding
the Sustainable Design Assessment Team
(SDA T) program, presented and read. Connors
moved that the communication be received and
filed and directed that the application be
submitted. Seconded by Jones. Motion carried
7-0.
Code of Ordinance Update: City Manager
requesting City Council direction on the next
phase of the update of the City's Code of
Ordinances, presented and read. Michalski
moved that the communication be received and
filed and directed that those chapters with basic
"clean-up" changes and changes to bring the
Code of Ordinances into compliance with the
State of Iowa Code be brought back for
approval. It was further directed that those
Chapters requiring Council direction be brought
back one or two chapters at a time as an Action
item on future agendas and that the entire
proposed revisions to the Code be provided to
the Council on a CD. Seconded by Cline.
Motion carried 7-0.
COUNCIL MEMBER REPORTS
Buol shared that the staff of a recent
Congressional visit was very impressed with
Dubuque's development.
At 7:57 P.M. Michaiski moved to go into
Ciosed Session: Pending Litigation and Property
Acquisition - Chapter 21.5(1)(c)0) 2005 Code of
Iowa. Seconded by Connors. Motion carried
7-0.
At 8:14 P.M. Council reconvened regular
session stating that staff had been given proper
direction.
There being no further business, Michalski
moved to adjourn. Seconded by Connors.
Motion carried 7-0. The meeting adjourned at
8:15 P.M.
/s/ Jeanne F. Schneider, CMC
City Cierk
11 8/30
Approved:
2006
Adopted
2006
Mayor
Council Members
Attest:
City Clerk
356
Special Session, August 29, 2006
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, August 29,
2006
Council met in special session at 4:30 p.m. at
the Grand River Center
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch, Michaiski, Cit y
Manager Van Milligen, City Attorney Lindahl,
Assistant City Brumwell
Mayor Buol read the call and stated this is a
special session of the City Council called for the
purpose of conducting a goal setting session
with Lyle Sumek facilitating.
The City Council reviewed the 2005 - 2006
Performance Report and discussed the top ten
successes of the past year and the specific
accomplishments associated with each. The
Mayor and City Council Members each identified
their three primary focus areas for the next five
years and what they felt needed to be done in
the next year. Also discussed were the major
challenges facing the City of Dubuque in
attainment ofthe stated goals.
City Council reviewed the Dubuque Vision
2020 and Guiding Principles and suggested
changes/additions to be incorporated into the
Vision.
There being no further business, upon motion
meeting adjourned at 9:05 p.m.
/s/ Jeanne F. Schneider, CMC
City Cierk
119/13
Approved:
2006
Adopted
2006
Mayor
Council Members
Attest:
City Clerk
Special Session, August 30, 2006
357
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, August 30,
2006
Council met in special session at 1 :00 P.M. at
the Grand River Center
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligan, Assistant City Attorney
Brumwell
Mayor Buol read the call and stated this is a
special session of the City Council called for the
purpose of conducting a goal setting session
with Lyle Sumek facilitating.
The City Council adopted the five year goals
for the community as: (1) improved connectivity:
transportation and communications; (2) diverse,
strong Dubuque economy; (3) planned and
managed growth; (4) partnering for a better
Dubuque; and (5) riverfront developmenV
revitalization. Objectives for each of the goals
were ranked, with the short-term challenges
identified and the actions necessary to achieve
each goal.
The Dubuque 2020 Vision Statement was
approved as: The City of Dubuque is a
progressive, sustainable City with a strong
balanced economy and connections to the
world, the Dubuque community takes pride in
our history and heritage and has actively
preserved our picturesque river and community,
Dubuque citizens have choices of quality livable
neighborhoods and fun things to do, and are
engaged in the community,
The Policy Agenda for 2006-2007 was
established as: Continuing Priorlty - Southwest
Arterial, Unified Development Code / Bluffland
Ordinance, Annexation Study, and Bee Branch
Project / Drainage Basin Master Plan Projects;
Top Priority - Street Program: Continuation and
Funding, Workforce Development Strategy,
Green City Designation , ADA Compliance, and
Library Renovation; High Priority - Airport Master
Plan, East - West Corridor Study, Rail Spur -
Dubuque Industrial Center West, and Water
Pollution Control Plant Facility Plan.
Also established was the Management
Agenda for 2006-2007 which included Top
Priority - Community Health Center, Pandemic
Influenza Plan, Grand River Center
Maintenance, Fire Department MDT / Wireless
Networks and Police Department Territorial
Accountability Design; High Priority - Dubuque
Technology Park, Port of Dubuque
Development, Intermodal Transportation Facility,
Utility Infrastructure Update, and Mediacom
Franchise Implementation.
There being no further business, upon motion
meeting adjourned at 6:25 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
11 9/13
Approved:
2006
Adopted
2006
Mayor
Council Members
Attest:
City Clerk