Council Proceedings July 2006
Regular Session, July 5, 2006
275
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, Wednesday,
July 5, 2006
Council met in Regular Session at 6:30 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 called for the purpose of
discussing such matters which may properly
come before the Council.
Invocation was given by Father Ardel Barta.
CONSENT ITEMS
Minutes and Reports Submitted: Airport
Commission of 5/25; Cable TV Telepro-
gramming Commission of 4/4; City Council of
6/19 and 6/21; Historic Preservation
Commission of 6/15; Housing Code Appeals
Board of 3/21; Housing Commission of 5/23;
Housing Commission Trust Fund of 6/22; Library
Board of Trustees of 3/30, 4/11, 4/19 and 4/28,
presented and read. Cline moved that the
minutes be received and filed. Seconded by
Connors. Motion carried 7-0.
Proof of publication of City Council
Proceedings of June 5, 2006, presented and
read. Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
Notice of Ciaims/Suits: Kelly Lee Day for
personal injury; Jeannine Pauly for property
damage;. Jessica Sampson for vehicle damage;
Enc SUiter and Sherri Sanwick for vehicle
damage, presented and read. Cline moved that
the communications 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: Kelly Lee Day for
personal Injury; Sherri Sanwick for vehicle
damage, presented and read. Cline moved that
the communications be received and filed and
concurred. Seconded by Connors. Motion
carried 7-0.
City Attorney recommending settlement of the
claim of Jeannine Pauly for property damage
and directing the Finance Department to issue
payment, presented and read. Cline moved that
the communication be received and filed and
concurred and Finance Department to issue
payment. Seconded by Connors. Motion carried
7-0.
First Transit, Inc.: City Manager
recommending approval of the first amendment
to the Management Agreement between the City
of Dubuque and First Transn, Inc., presented
and read. Cline moved that the communication
be received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 269-06
APPROVING THE FIRST AMENDMENT TO
THE MANAGEMENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND FIRST
TRANSIT, INC.
Whereas, the City of Dubuque, Iowa (City) and
First Transit, Inc. (First Transit) have entered
into the Management Agreement Between the
City of Dubuque, Iowa and First Transit, Inc. (the
Agreement) ; and
Whereas, City and First Transit now desire to
amend the Agreement as set forth in the
attached First Amendment.
Now, therefore it is agreed by and between the
parties as follows:
1. The First Amendment attached hereto is
hereby approved.
2. The Mayor and City Clerk are authorized
and directed to execute the First Amendment on
behalf of the Cny of Dubuque.
Passed, approved and adopted this 5th day of
July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
People for the Ethical Treatment of Animals
(PETA): Communication from Lisa Wathne
People for the Ethical Treatment of Animals'
regarding the physical abuse of animals i~
circuses, presented and read. Michalski moved
that the communication be received and filed
and referred to the City Attorney. Seconded by
Connors. Motion carried 7-0.
Citizen Communication: Communication from
Thomas H. Zuccaro, 1496 White Street,
regarding vehicle noise, 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.
276
Regular Session, July 5, 2006
Iowa Clean Air Attainment Program: City
Manager recommending execution of an
agreement with the iowa Department of
Transportation for the Iowa Ciean Air Attainment
Program Project for the US 20 Capacity
improvements, presented and read. Cline
moved that the communication be received and
filed. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 270-06
RESOLUTION APPROVING THE IOWA
DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR THE IOWA CLEAN AIR
ATTAINMENT PROGRAM (ICAAP) PROJECT
OF THE US 20 (DEVON DRIVE TO ME NARDS)
CAPACITY IMPROVEMENTS - PRIORITY 1,
TRAFFIC SIGNAL AND INTELLIGENT
TRANSPORTATION SYSTEM IMPROVE-
MENTS
Whereas, the Iowa Department of
Transportation (Iowa DOT) has made funds
available for the US 20 (Devon Drive to
Menards) Capacity Improvements - Priority 1,
Traffic Signal and Intelligent Transportation
System Improvements; and
Whereas, City of Dubuque Traffic Signai
Improvements Priority 1 (US 20 - Devon Drive
to Menards) has been developed to continuing
traffic monitoring/management of the US 20
Corridor operations; i.e., collection of traffic
volume data, intersection reports, video
monitoring, and the overall control of the
Corridor from a remote location; and
Whereas, the Iowa Clean Air Attainment
Program (ICAAP) Funds will be required to
complete said traffic monitoring/management of
the US 20 Corridor operations for City of
Dubuque Traffic Signal Improvements Priority 1.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Iowa Department of
Transportation Agreement for US 20 (Devon
Drive to Menards) Capacity improvements -
Priority 1, Traffic Signai and Intelligent
Transportation System Improvements between
the City of Dubuque and the Iowa Department of
Transportation be approved.
Section 2. That the Mayor be authorized and
directed to execute two copies of said Iowa
Department of Transportation Agreement for US
20 (Devon Drive to Menards) Capacity
Improvements - Priority 1, Traffic Signal and
intelligent Transportation System Improvements
between the City of Dubuque and the Iowa
Department of Transportation.
Passed, adopted and approved this 5th day of
July, 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.
United Rental Demolition Project: City
Manager recommending acceptance of the
United Rental Demolition Project as completed
by Tri-State Development Company in the finai
contract amount of $22,175, presented and
read. Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 271-06
ACCEPTING THE FORMER UNITED RENTAL
BUILDING DEMOLITION AND SITE CLEAR-
ANCE PROJECT
Whereas, the contract for the Former United
Rental Building Demolition and Site Ciearance
Project (the Project) has been completed and
the City Manager has examined the work and
filed a certificate stating that the Project has
been completed according to the terms of the
contract, plans and specifications and that the'
City Manager recommends that the Project be
accepted.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Manager is approved and the Project is hereby
accepted.
Section 2. The City Treasurer is hereby
directed to pay to the contractor from the Main
Street Buiiding Demolition Capital Improvement
Project (CIP 1001548) appropriation for the
contract amount of $22,175.00 less any retained
percentage provided for therein as provided in
iowa Code chapter 573, and to pay such
retainage only in accordance with the provisions
of Iowa Code chapter 573.
Passed, approved and adopted this 5th day of
July, 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. 272-06
FINAL ESTIMATE
Whereas, the construction contract for the
Former United Rental Building Demolition and
Site Clearance Project, has been completed and
the City Engineer has submitted his final
estimate showing the cost thereof including the
cost of estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF.
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $34,737.71 and the
said amount shall be paid from the Main Street
Building Demolition Capital Improvement Project
(CIP 1001548) of the City of Dubuque, Iowa.
Regular Session, July 5, 2006
277
Passed, approved and adopted this 5th day of
July, 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.
Water Department I Stealth Racing Building
Demolition Project: City Manager recom-
mending acceptance of the Water Department I
Stealth Racing Buiiding Demolition Project as
completed by Newt Marine Services in the final
contract amount of $38,911.11, presented and
read. Ciine moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 273-06
ACCEPTING THE FORMER WATER
DEPARTMENT AND STEALTH RACING
BUILDING DEMOLITION AND SITE
CLEARANCE PROJECT
Whereas, the contract for the Former Water
Department and Stealth Racing Buiiding
Demoiition and Site Clearance Project (the
Project) has been compieted and the City
Manager has examined the work and filed a
certificate stating that the Project has been
completed according to the terms of the
contract, plans and specifications and that the
City Manager recommends that the Project be
accepted.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Manager is approved and the Project is hereby
accepted.
Section 2. The City Treasurer is hereby
directed to pay to the contractor from the Water
Department Garage Facility Demolition Capital
Improvement Project (CIP 7401401); the Port of
Dubuque Property Acquisition Capital
Improvement Project (CIP 7001043) and
savings from the Municipal Services Center
Project for the contract amount of $38,911.11
less any retained percentage provided for
therein as provided in Iowa Code chapter 573,
and to pay such retain age only in accordance
with the provisions of Iowa Code chapter 573.
Passed, approved and adopted this 5th day of
July, 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. 274-06
FINAL ESTIMATE
Whereas, the construction contract for the
Former Water Department and Steaith Racing
Building Demolition and Site Ciearance Project,
has been compieted and the City Engineer has
submitted his final estimate showing the cost
thereof including the cost of estimates, notices
and inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $55,678.53 and the
said amount shall be paid from the Water
Department Garage Facility Demolition Capital
Improvement Project (CIP 7401401); the Port of
Dubuque Property Acquisition Capital
Improvement Project (CIP 7001043) and
savings from the Municipal Services Center
Project of the City of Dubuque, iowa.
Passed, approved and adopted this 5th day of
July, 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.
University Avenue Reconstruction Project: City
Manager recommending acceptance of the
University Avenue Reconstruction Project as
completed by Horsfield Construction, in the final
contract amount of $1,340,603.50, presented
and read. Ciine moved adoption of the
Resolution. Seconded by Connors. Motion
carried 7-0.
RESOLUTION NO. 275-06
ACCEPTING THE UNIVERSITY AVENUE
RECONSTRUCTION PROJECT FROM DELHI
TO ALTA VISTA AND THE UNIVERSITY
AVENUE PATCHING PROJECT FROM ALTA
VISTA TO SPRUCE STREET
Whereas, the contract for the University
Avenue Reconstruction Project from Delhi to
Alta Vista and the University Avenue Patching
Project from Alta Vista to Spruce Street (the
Project) has been completed and the City
Manager has examined the work and filed a
certificate stating that the Project has been
completed according to the terms of the
contract, plans and specifications and that the
City Manager recommends that the Project be
accepted.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
d. Section 1. The recommendation of the City
Manager is approved and the Project is hereby
accepted.
Section 2. The City Treasurer is hereby
directed to pay to the contractor from the Water
Main Replacement Fund ($156,950.95); the
Street Program Related Sanitary Sewer
Improvements fund ($132,910.60); the Storm
Sewer Improvement Fund ($60,852.49); the
278
Regular Session, July 5, 2006
.
Fiber Optic Conduit - Paving Projects fund
($57,509.79); the Signalization Program fund
($62,711.58); the Annual Street Construction
Program (Funded through Local Option Sales
Tax) in the amount of $11,962.65 and an
expenditure from DMA TS Federal Aid Surface
Transportation Program (STP) funds in the
amount of $845,266, for the contract amount
less any retained percentage provided for
therein as provided in Iowa Code chapter 573,
and to pay such retainage only in accordance
with the provisions of Iowa Code chapter 573.
Passed, approved and adopted this 5th day of
July, 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. 276-06
FINAL ESTIMATE
Whereas, the construction contract for the
University Avenue Reconstruction Project from
Delhi to Alta Vista and the University Avenue
Patching Project from Alta Vista to Spruce Street
has been compieted and the City Engineer has
submitted his final estimate showing the cost
thereof inciuding the cost of estimates, notices
and inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $1,462,110.58 and
the said amount shall be paid from the
allocations from the Water Main Replacement
Fund ($156,950.95); the Street Program Related
Sanitary Sewer Improvements fund
($132,910.60); the Storm Sewer Improvement
Fund ($60,852.49); the Fiber Optic Conduit -
Paving Projects fund ($57,509.79); the
Signalization Program fund ($62,711.58); the
Annual Street Construction Program (Funded
through Local Option Sales Tax) in the amount
of $11 ,962.65 and an expenditure from DMATS
Federal Aid Surface Transportation Program
(STP) funds in the amount of $845,266.
Passed, approved and adopted this 5'" day of
July, 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. 277-06
RESOLUTION APPROVING THE PRELIM-
INARY SCHEDULE OF FINAL ASSESS-
MENTS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
That the attached sheet(s), Page 1 to Page 3
inclusive, is hereby determined to be the
Preliminary Schedule of Final Assessments for
the University Avenue Reconstruction Project
from Delhi to Alta Vista and the University
Avenue Patching Project from Alta Vista to
Spruce Street and the valuations set out herein
are hereby approved.
Passed, approved and adopted this 5'" day of
July, 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.
Purchase of Property - 1703 Elm Street: City
Manager recommending approval of the
purchase of property at 1703 Elm Street to be
used for a parking lot next to the new
Community Health Center, presented and read.
Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 278-06
A RESOLUTION APPROVING THE ACQUISI-
TION OF REAL ESTATE LOCATED AT 1703
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 first 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 South Yo of Lot 157 of East DUbuque
Addition in the City of Dubuque, Iowa according
to the recorded Plat thereof in Dubuque County,
Iowa
At the cost of Fifty-four thousand dollars ($54
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.
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.
Regular Session, July 5, 2006
279
Passed, approved and adopted this 5'h day of
July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Fiscal Year 2007 Community Development
Block Grant Agreement: City Manager
recommending approval of the Fiscal Year 2007
Community Development Block Grant Program
with the U.S. Department of Housing and Urban
Development in the amount of $1,256,479,
presented and read. Cline moved that the
communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 279-06
RESOLUTION AUTHORIZING EXECUTION OF
A COMMUNITY DEVELOPMENT BLOCK
GRANT AGREEMENT WITH THE U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
Whereas, under provisions of Title I of Housing
and Community Development Act of 1974, as
amended, the City of Dubuque prepared and
submitted an Annual Action Plan for a
Community Development Block Grant; and
Whereas, the submission has been approved
by the U.S. Department of Housing and Urban
Development in the amount of $1,256,479 for a
twelve month program year commencing July 1,
2006 and ending June 30, 2007; and
Whereas, a grant agreement covering the
activities proposed to be carried out with the
Community Development Block Grant funds has
been transmitted to the City of Dubuque by the
U.S. Department of Housing and Urban
Development.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
Section 1. That the Funding Approval I
Agreement, authorized by the U.S. Department
of Housing and Urban Development on July 1,
2006 for a Community Development Block Grant
to the City of DUbuque in the amount of
$1,256.479, and identified as Grant Number B-
06-MC-19-0004 is hereby accepted.
Section 2. That the Mayor of the City of
Dubuque be and he is hereby authorized and
directed to execute said Agreement on behalf of
the City of Dubuque, Iowa.
Passed, approved and adopted this 5'h day of
July, 2006.
Roy D. Buoi, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Dubuque Industrial Center West - Subdividing
of Lot: City Manager recommending approval of
the subdivision of Lot 1 of Dubuque Industrial
Center West for the Giese Manufacturing
Company, Inc. proposed expansion project,
presented and read. Cline moved that the
communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 280-06
RESOLUTION APPROVING PLAT OF
SURVEY LOT 1 OF 1 AND LOT 2 OF 1,
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 1 and Lot 2 of 1, DUbuque
Industrial Center West 5th Addition in the City of
Dubuque, Iowa, dated June 16, 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 5th day of
July 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
PEG Access Capital Grant Expenditure I
Mediacom Request: City Manager
recommending approval of a request from
Mediacom for $2,000 in funding from the PEG
Access Capital Grant for networking equipment
for the public access studio, presented and read.
Cline moved that the communication be
received and filed and approved recom-
mendation. Seconded by Connors. Motion
carried 7-0.
PEG Access Capital Grant Expenditure I
Dubuque Community School District: City
Manager recommending approval of a request
from the Dubuque Community School District for
$7,000 in funding from the PEG Access Capital
Grant for a Steadicam Flyer 24SE camera
stabilization mount, presented and read. Cline
moved that the communication be received and
filed and approved request. Seconded by
Connors. Motion carried 7-0.
280
Regular Session, July 5, 2006
PEG Access Capital Grant Expenditure I City
of Dubuque: City Manager recommending
approval of a request from the City of Dubuque
for $4,420 in funding from the PEG Access
Capital Grant for two LED light systems from
Lite Panels, Inc" presented and read. Cline
moved that the communication be received and
filed and approved recommendation. Seconded
by Connors. Motion carried 7-0.
A.Y. McDonald Park Piay Unit: City Manager
recommending approval of the use of savings
from the Five Flags Renovation Project for the
purchase of the play unit for A.Y. McDonald
Park, presented and read. Cline moved that the
communication be received and filed and
approved recommendation. Seconded by
Connors. Motion carried 7-0.
Flora Park Water System Project: City
Manager recommending acceptance of the Flora
Park Water System Project as completed by
Willenborg Plumbing and Heating, Inc., in the
final contract amount of $67,922.17, presented
and read. Cline moved that the communication
be received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO, 281"()6
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the Flora Park
Water System Project has been completed and
the City Manager has examined the work and
filed his certificate stating that the same has
been completed according to the terms of the
contract, plans and specifications and
recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. That the recommendation of the City
Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the Cijy
Treasurer be and he is hereby directed to pay to
the contractor from the General Fund in amount
equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 5th day of
July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 282"()6
FINAL ESTIMATE
WHEREAS, the contract for the Fiora Park
Water System Project has been completed and
the Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $67,922.17, and the
said amount shall be paid from the General
Fund of the City of Dubuque, Iowa,
Passed, approved and adopted this 5th day of
July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Dubuque Museum of Art: Communication from
the Dubuque Museum of Art regarding the
remaining debt they owe the City from a
$300,000 loan they took out in July 1 999 from
the Downtown Loan Pool to rehabilitate the
Dubuque Museum of Art building be forgiven
and City Manager recommending that the loan
agreement be amended to amortize their balloon
payment, presented and read. Cline moved that
the communication be received and filed and
approved recommendation. Seconded by
Connors. Motion carried 7-0.
Specific and Aggregate Stop Loss Insurance
Renewal: City Manager recommending approval
of the renewal rates submitted by Allianz for
speCific stop-loss insurance and aggregate stop-
loss insurance for the City's health and
prescription drug plans, presented and read.
Cline moved that the communication be
received and filed and approved recom-
mendation. Seconded by Connors. Motion
carried 7-0.
City Manager Employment Agreement:
Submittal of the Fifteenth Amendment to the City
Manager's Employment Agreement for approval,
presented and read. Cline moved that the
communication be received and filed and
approved recommendation. Seconded by
Connors. Motion carried 7-0.
2006 Pavement Marking Project Service
Contract: City Manager recommending award of
a service contract for the 2006 Pavement
Marking Project to Selco, Inc. in the amount of
$54,458.35, presented and read. Cline moved
that the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 283"()6
AWARDING CONSTRUCTION CONTRACT
FOR THE 2006 PAVEMENT MARKING
PROJECT
Whereas, sealed proposals have been
submitted by contractors for the 2006 Pavement
Regular Session, July 5, 2006
281
Marking Project and notice to bidders published
in a newspaper published in the City of
Dubuque, Iowa on the 28'h day of April, 2006;
and
Whereas, said sealed proposais were opened
and read on the 5'h day of May, 2006, and it has
been determined that the bid of Selco, Inc. of
Dubuque, Iowa, in the amount of $54,458.35
was the lowest bid for the furnishings of all labor
and materiais 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:
Section 1. That the contract for the above
improvement be awarded to Selco, 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.
Section 2. 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 5'h day of
July, 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. 284-06
APPROVING CONSTRUCTION CONTRACT
WITH SELCO, INC. FOR THE 2006
PAVEMENT MARKING PROJECT
Whereas, the City Council by Resolution No.
283-06 awarded the construction contract for the
2006 Pavement Marking Project to Selco, Inc.;
and
Whereas, Selco, Inc. has submitted the
attached executed contract and bond.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The contract and bond attached
hereto are hereby approved.
Section 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 5'h day of
July, 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.
Consultant Services - Port of Dubuque: City
Manager recommending approval of the
selection of Durrant Group, in the amount of
$49,000, to provide architectural and
engineering services for the Port of Dubuque
outdoor plazas and parking lot enhancements
associated with the McGraw-Hili project,
presented and read. Cline moved that the
communication be received and filed and
approved recommendation. Seconded by
Connors. Motion carried 7-0.
Temporary Signs for Non-Profit Organizations:
City Manager recommending approval of
establishing a maximum fee of $105 for non-
profits who use temporary signs to advertise
their fund raising events, presented and read.
Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0. -
RESOLUTION NO. 285-06
ESTABLISHING A MAXIMUM FEE FOR
TEMPORARY SIGNS PLACED BY NON-
PROFIT AGENCIES
Whereas, the City wants to accommodate the
use of temporary signs by non-profit agencies
through the establishment of a maximum sign
pemnit fee.
NOW THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Whereas, the Building Services Department,
currently charges $15 for each temporary sign;
and
Whereas, non-profit agencies install multiple
signs for single events; and
Whereas, these events should be encouraged.
BE IT FURTHER RESOLVED that the Building
Services Department establish a maximum fee
of $105 per event for a non-profit agency's use
of temporary signs.
Passed, approved and adopted this 5'h day of
July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Improvement Contracts I Performance,
Payment and Maintenance Bonds: West Fifth
Street (Delhi - Alpine) Reconstruction Project;
University Avenue Culvert Extension Project,
presented and read. Cline moved that the
communications be received and filed.
Seconded by Connors. Motion carried 7-0.
Business License Refund: Request of Mulgrew
Oil Company for a refund in the amount of
$50.00 for a portion of their Class C Beer
Permit, presented and read. Cline moved that
the communication be received and filed and
approved refund. Seconded by Connors. Motion
carried 7-0.
Business Licenses:
282
Regular Session, July 5, 2006
RESOLUTION NO. 286-06
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of iaw relating to the saie of
Cigarettes within the City of Dubuque, iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
24 RENEWALS
16'h St Auto Truck Plaza Mulgrew Oil Com
1215 E. 16'h St
Molo Oil Com.
1875 JFK Rd
Molo Oil Com.
2100 JFK Rd
Molo Oil Com.
e'h & Central Av
LB Metcalf Inc
1200 Cedar Cross
Beverly Lansen
3050 Asbury Rd
Diamond Jo Casino
400 E. 3'd St
Dubuque Discount Gas DUbuque Discount Gas
4110 Dodge St
Dubuque Discount
3270 Dodge St
Fratemal Order of Eagles
1175 Century Dr
Easy Street LLC
431 Rhomberg Av
WCB Hotels
3100 Dodge St
Pamela Arensdorf
1602 Central Av
TFM CO.
2010 Kerper Blvd
TFM CO.
250 W. 1s'
TFM CO.
51 W. 32'd St
TFM CO.
1256 Iowa St
TFM CO.
1050 University Av
Liberly Station LLC
10 Main St
Molo Oil Co.
1101 Rhomberg
RKM LLC
1450 Loras Blvd
Sun of the Andres LLC
555 JFK Rd
Charles Steffen
1701 Central Av
Walnut Tap Craig Weiner
70e University Av
Passed, approved and adopted this 5'h day of
July 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Big 10 Mart
Big 10 Mart
Big 10 Mart
Cedar Cross Amoco
Denny's Lux Club
Diamond Jo Casino
Dubuque Discount Gas #3
Gas
Eagles Club # 568
Easy Street
Hoffman House/3100 Club
Instant Replay
Oky Doky # 21
Oky Doky # 1
Oky Doky # 2
Oky Doky # 6
Oky Doky # 14
Phillips 66
Puff n Snuff
Ron's Discount Smokes/Bev
Sun of the Andes
Tony's Place
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 287-06
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 "CO BEER/LIQUOR LICENSE
Mayas,lnc Las Margaritas
(Outdoor Service) 1575 JFK Rd.
Plastic Center, Inc. Fischer Lanes+
(Sunday Sale) 880 Locust St
Curtis Gerhard Knicker's Saloon+
(Sunday Sale) 2186 Central Av
Ethel Schwartz Airport Inn+
(Sunday Sale) 574 E. 16th St
Talko, Inc Taiko Japanese Rest+
(Sunday Sale) 2155 S. Park Ct
Passed, approved and adopted this 5th day of
July, 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. 288-06
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
Pemni!.
CLASS "B" BEER (5 - DAY SPECIAL EVENT)
Four Mounds Foundation Inc. Four Mounds
Foundation, Inc Alliant Amphitheater
CLASS "C" BEER PERMIT
K-Chap Foods, Inc Oky Doky # 14+
(Sunday Sale) 1050 University
Dubuque Discount Gas, Inc Dubuque Discount
Gas#3+(Sunday Sale) 3270 Dodge St
Passed, approved and adopted this 5th day of
July, 2006.
Regular Session, July 5, 2006
283
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
Giese Manufacturing Company, Inc.
Development Agreement: City Manager
recommending that a public hearing be set for
July 17, 2006 to consider disposing of property
in the Dubuque Industrial Center West to Giese
Properties, LLC for the purpose of constructing
an 18,000 square foot manufacturing facility and
approval of a Development Agreement,
presented and read. Cline moved that the
communication be received and fiied. Seconded
by Lynch. Motion carried 7-0.
RESOLUTION NO. 289-06
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
GIESE MANUFACTURING COMPANY, INC.
AND GIESE PROPERTIES, 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 1 of Dubuque Industrial Center West
5th Addition in the City of Dubuque, Iowa
And
Whereas, City and Giese Manufacturing
Company, Inc. and Giese Properties, 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 Giese Properties, LLC as
shown on Exhibit A attached hereto; 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 Giese Properties, 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 Councii 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 Giese Properties, 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 17th day
of July, 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 Giese
Manufacturing Company, Inc. and Giese
Properties, 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 Economic Development District,
consisting of the funding of economic
developments grants to Giese Properties, 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 $225,000.
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 5th day of
July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set this for public hearing on 7/17/06 at a
284
Regular Session, July 5, 2006
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 Lynch. Motion carried 7-0.
Cedar Street and Dog Track Wastewater
Pumping Station Improvement Project: City
Manager recommending initiation of the public
bidding process for the Cedar Street and Dog
Track Wastewater Pumping Station
Improvement Project and that a public hearing
be set for August 7, 2006, presented and read.
Cline moved that the communication be
received and filed. Seconded by Lynch. Motion
carried 7-0.
RESOLUTION NO. 290-06
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 Cedar
Street and Dog Track Lift Station Improvements
Project in the estimated amount of $1,340,000
are hereby approved and ordered filed in the
office of the City Clerk for public inspection.
Passed, adopted and approved this 5th day of
July, 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.
RESOLUTION NO. 291-06
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 or the City Clerk for public inspection
of the Cedar Street and Dog Track Lift Station
Improvements 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 7th
day of August, 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 5th day of
July, 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.
RESOLUTION NO. 292-06
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Cedar Street and Dog Track Lift
Station Improvements Project is hereby ordered
to be advertised for bids for construction.
BE IT FURTHER RESOLVED, that the amount
of security to accompany each bid shall be in the
amount which shall conform to the provisions of
the Notice to Bids hereby approved as a part of
the plans 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 28th day of July, 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 7th day of August, 2006.
Passed, adopted and approved this 5th day of
July, 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.
National Mississippi River Museum and
Aquarium Expansion Project I Former Adams
Company Building Re-Roof and Structural
Repairs Project: City Manager recommending
initiation of the public bidding process for the
National Mississippi River Museum and
Aquarium Expansion Project I Former Adams
Company Building Re-Roof and Structural
Repairs Project and that a public hearing be set
for August 7, 2006, presented and read. Cline
moved that the communication be received and
filed. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 293-06
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 National
Mississippi River Museum and Aquarium
Regular Session, July 5, 2006
285
Expansion Project - Former Adams Company
Building Re-Roof and Structural Repairs Project
in the estimated amount of $608,181.00 are
hereby approved and ordered filed in the office
of the City Clerk for public inspection.
Passed, adopted and approved this 5th day of
July, 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.
RESOLUTION NO. 294-06
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 National Mississippi River Museum and
Aquarium Expansion project - Former Adams
Company Building Re-Roof and Structural
Repairs 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 7'h
day of August, 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 5'h day of
July, 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.
RESOLUTION NO. 295-06
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the National Mississippi River Museum
and Aquarium Expansion Project - Former
Adams Company Building Re-Roof and
Structural Repairs 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 27'h day of July, 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 7th day of August, 2006.
Passed, adopted and approved this 5'h day of
July, 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.
Highway 20 Landscaping - Phase II Project:
City Manager recommending initiation of the
public bidding process for the Highway 20
Landscaping - Phase II Project and that a public
hearing be set for September 5, 2006, presented
and read. Cline moved that the communication
be received and filed. Seconded by Lynch.
Motion carried 7-0.
RESOLUTION NO. 296-06
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 Highway
20 Landscaping Project, Phase II, in the
estimated amount of $239,454, are hereby
approved and ordered filed in the office of the
City Clerk, for public inspection.
Passed, approved and adopted this 5th day of
July, 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. 297-06
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 Highway 20 Landscaping Project, Phase
II.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that on the 15th day of
286
Regular Session, July 5, 2006
August, 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
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 5th day of
July, 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. 298-06
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Highway 20 Landscaping Project,
Phase II 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 10:00 a.m. on
the 15th day of August, 2006 at IDOT, Office of
Contracts, 800 Lincoln Way, Ames, Iowa. Bids
shall be opened and read 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 5th day of
July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Boards/Commissions:
Arts and Cultural Affairs Advisory Commission
(Three 3-year terms through 6/30109) -
Business / Professional [W. lntriligator],
Business 1 Professional and Lives / Works in
Cultural District [Amy Weber], and At Large
[Rebecca Fabricius]
Applicants: Business 1 Professional: Ellen
Hartman Henkels, William lntriligator, Karen
Ridings;
Business/Professional and Lives / Works in
Cultural District: Amy Weber; At Large: Rebecca
Fabricius, Ellen Hartman Henkels, Geri Shaffer,
John Tilton
Ms. Henkels, Ms. Weber, Ms. Fabricius, and
Ms. Shaffer all spoke requesting consideration.
Civic Center Commission (Two 3-years terms
through 6/29/09 - terms of Fuller and Parks)
Applicants: Cynthia Fuller, Bryce Parks No
one spoke.
Transit B.oard of Trustees (One 3-year term
through 7130/09 - term of Bemis) Applicants:
Harry Bemis, Peter Kies No one spoke.
Appointment to the following Commission:
Park and Recreation Advisory Commission
(One 3-year term through 6/30/09 - Term of
Duggan) Applicant: Chuck Duggan Connors
moved that Chuck Duggan be reappointed to a
three year term to expire 6/30/09. Seconded by
Braig. Motion carried 7-0.
PUBLIC HEARINGS
Michalski moved that the rules be suspended
to allow anyone present to address the Council.
Seconded by Connors. Motion carried 7-0.
Para-Transit Rate Increase: Proof of
publication on notice of hearing to consider a
para-transij rate increase and City Manager
recommending approval, presented and read.
Connors moved that the communication be
received and fried. Seconded by Jones. Motion
carried 7-0.
Michalski apologized to citizens who could not
attend the City Council's public hearing
regarding the para-transit increase due to the
scheduled time of the hearing. Economic
Development Director David Heiar stated that
the Transit Board hearing had been held at an
earlier time than normal Transit Board meetings
in order to allow for citizens to attend and he
clarified the specifics of the proposed rate
increase. Mayor Buol read the letter of Sara
Davidson objecting to the proposed increase.
RESOLUTION NO. 299-06
A RESOLUTION FIXING RATES FOR
CERTAIN PARATRANSIT SERVICES
Whereas, the City of Dubuque provides
Paratransit services for disabied and elderiy
persons, and
Regular Session, July 5, 2006
Whereas, the cost to provide said services
continue to increase rapidly, and
Whereas, the City of Dubuque desires to
continue to provide Paratransit services for
persons age 65 and older who do not qualify for
such services by federal ADA standards, and
Whereas, the City of Dubuque desires to
reduce the number of late cancellations and/or
no shows for Paratransit service.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Paratransit rates are as follows:
Per Trip Cost
ADA Qualified Rider $1,00
Rider who is 65 but not ADA Qualified
$2.00
Rider who cancels late (less than 1 hr. prior to
scheduled ride) $9.00
Rider who does not show for scheduled ride
$9.00
Effective the 31st day of July, 2006.
Passed, Approved and adopted this 5th day of
July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Petition to Vacate and Dispose of a Portion of
the Plat of North Dubuque: Proof of publication
on notice of hearing to consider a request from
Arnie Van Etten, representing James A. and
Shirley A. Christensen, to vacate and purchase
a portion of the plat of North Dubuque and City
Manager recommending approval, presented
and read. Cline moved that the communication
be received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 300-06
RESOLUTION VACATING A PORTION OF
THE PLAT OF NORTH DUBUQUE
Whereas, Arnie Van Etten, representing
James A. and Shirley A. Christensen, has
requested the vacating of a portion of the plat of
North Dubuque, including platted streets and
alleys; and
Whereas, Buesing & Associates has prepared
and submitted to the City Council a plat showing
the vacated portion of North Dubuque, including
platted streets and alleys, and assigned lot
numbers thereto, which hereinafter shall be
known and described as Lots 413-A, 598-A, and
598-B of North Dubuque in the City of Dubuque,
Dubuque County, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that a portion of
the plat of North Dubuque, including platted
streets and alleys, are no longer required for
public use, and vacating of said portion of the
plat of North Dubuque, including platted streets
287
and alleys, known as Lots 413-A, 598-A, and
598-B of North Dubuque in the City of Dubuque,
Dubuque County, Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as
Lots 413-A, 598-A, and 598-B of North Dubuque
in the City of Dubuque, Iowa, be and the same is
hereby vacated.
Passed, approved and adopted this 5th day of
July, 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. 301-06
RESOLUTION DISPOSING OF CITY
INTEREST IN LOTS 413-A, 598-A, AND 598-B
OF NORTH DUBUQUE IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque,
Iowa on this 23'" day of June, 2006, the City
Council of the City of Dubuque, Iowa met on the
5th day of July, 2006, at 6:30 p.m. in the Public
Library Auditorium, 360 West 11 Street,
Dubuque, Dubuque County, Iowa to consider
the proposal for the sale of real estate described
as:
Lots 413-A, 598-A, and 598-B of North
Dubuque in the City of Dubuque, Dubuque
County, Iowa
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to dispose of the
interest of the City of Dubuque, Iowa, in the
hereinabove described real estate.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the disposal of the interest of
the City of Dubuque, Dubuque County, Iowa, in
the real property described as Lot 413-A in
North Dubuque in the City of Dubuque, Dubuque
County, Iowa to the Ernest Madison Revocable
Trust be and the same is hereby approved for
the sum of $400.00. Conveyance shall be by
Quit Claim Deed.
Section 2. That the disposal of the interest of
the City of Dubuque, Dubuque County, Iowa, in
real property described as Lots 598-A and 598-B
all in North Dubuque in the City of Dubuque,
Dubuque County, Iowa to James A. and Shirley
A. Christensen be and the same is hereby
approved for the sum of $400.00. Conveyance
shall be by Quit Claim Deed.
Section 3. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
288
Regular Session, July 5, 2006
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
the above named grantees upon receipt of the
approved sum in full.
Section 4. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the offices of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 5'h day of
July, 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.
2006 Grandview Avenue Concrete Section
Repair Project: Proof of publication on notice of
hearing to consider the 2006 Grandview Avenue
Concrete Section Repair Project and City
Manager recommending award of the contract to
Horsfield Construction, Inc. in the amount of
$49,340.00, presented and read. Cline moved
that the proof and communication be received
and filed. Seconded by Lynch. Motion carried
7-0.
RESOLUTION NO. 302-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 31 st day of May, 2006, plans,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the 2006 Grandview Avenue Concrete
Section Repair Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, approved and adopted this 5'h day of
July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resoiution.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 303-06
AWARDING CONSTRUCTION CONTRACT
FOR THE 2006 GRANDVIEW AVENUE
CONCRETE SECTION REPAIR PROJECT
Whereas, sealed proposals have been
submitted by contractors for the 2006 Grandview
Avenue Concrete Section Repair Project
pursuant to Resolution No. 224-06 and notice to
bidders published in a newspaper published in
the City of Dubuque, Iowa on the 9th day of
June, 2006.
Whereas, said sealed proposals were opened
and read on the 220' day of June, 2006, and it
has been determined that the bid of Horsfield
Construction, Inc. of Epworth, Iowa, in the
amount of $49,340.00 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 Horsfield 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 5'h day of
July, 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.
RESOLUTION NO. 304-06
APPROVING CONSTRUCTION CONTRACT
WITH HORSFIELD CONSTRUCTION, INC.
FOR THE 2006 GRANDVIEW AVENUE
CONCRETE SECTION REPAIR PROJECT
Whereas the City Council by Resolution No.
303-06 awarded the construction contract for the
2006 Grandview Avenue Concrete Section
Repair Project to Horsfield Construction, Inc.;
and
Whereas Horsfield 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 5th day of
July, 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.
Grand River Center - Fountain Sign
Rehabilitation Project: Proof of publication on
notice of hearing to consider the Grand River
Regular Session, July 5, 2006
Center - Fountain Sign Rehabilitation Project
and City Manager recommending award of the
contract to Dubuque Sign Company in the
amount of $44,500, presented and read. Cline
moved that the communication be received and
filed. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO, 305-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on June 9, 2006, plans,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the Grand River Center Fountain Sign
Rehabilitation Project.
Whereas, notice of hearing on pians,
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 5th day of
Juiy, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resoiution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 306-06
AWARDING CONSTRUCTION CONTRACT
FOR THE GRAND RIVER CENTER FOUNTAIN
SIGN REHABILITATION PROJECT
Whereas, sealed proposals have been
submitted by contractors for the Grand River
Center Fountain Rehabilitation Project pursuant
to Resolution No. 227-06 and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa on the 9th day of June, 2006.
Whereas, said sealed proposals were opened
and read on the 22nd day of June, 2006, and it
has been determined that the bid of Dubuque
Sign Company of Dubuque, Iowa, in the amount
of $44,500.00 was the lowest bid for the
furnishings of all labor and materiais 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 DUbuque Sign Company 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
289
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 5th day of
July, 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. 307-06
APPROVING CONSTRUCTION CONTRACT
WITH DUBUQUE SIGN COMPANY FOR THE
GRAND RIVER CENTER FOUNTAIN
REHABILITATION PROJECT
Whereas, the City Council by Resolution No.
306-06 awarded the construction contract for the
Grand River Center Fountain Sign-
Rehabilitation Project to Dubuque Sign
Company and
Whereas, Dubuque Sign Company 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 5th day of
July, 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.
Michalski moved that the rules be reinstated
limiting discussion to the Council. Seconded by
Cline. Motion carried 7-0.
ACTION ITEMS
Citizen Request: Communication from Linda
Carriger to address the City Council regarding
the state of Dubuque's inner city, presented and
read. Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
Linda Carriger, 1670 Iowa Street, spoke of
concerns in the downtown area with increased
hostility between gangs and requested action be
taken to alleviate the problem.
Michalski moved that the following be removed
from the table. Seconded by Cline. Motion
carried 7-0.
John and Sally Jo Herrig - Request to Rezone
(Tabled on June 19, 2006): Communications
from Richard W. and Esther A. Farnum, William
and Connie Clasen, Marlene Brimeyer, Elaine
and Raymond Backes, Eileen and Douglas
290
Regular Session, July 5, 2006
Coates, Mary Jo and Roger Zalaznik, Mary Jean
and Steve Reding, Margaret Burns, Kimberly A.
Schmitz VanDee, Ron and Mary Breitbach, Paul
and Vicki Breitbach in opposition to the
proposed rezoning; Petition requesting that the
request of John and Saliy Jo Herrig to rezone
property south of Derby Grange Road be
referred back to the Zoning Advisory
Commission and an Ordinance Amending
Appendix A (the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by reclassifying
hereinafter described property located south of
Derby Grange Road from County A 1 Agricultural
to City AG Agricultural District, R-2 Two-Family
Residential District and C-3 General Commercial
District, concurrent with annexation to the City of
Dubuque, presented and read.
John Herrig, 13668 Surrey Lane, spoke in
support of the rezoning request and explained
that he had met with the surrounding residents
of the area and felt there was a good dialogue.
He stated he had agreed to the R-2
classification versus the R-3 that was originaliy
requested; however, he was still requesting the
C-3 zoning for a smali portion of the area. He
distributed an agreement he was willing to
execute which would disaliow salvage yards,
warehousing, mini-storage or auto body repair in
the C-3 area.
Ron Breitbach, 13233 Derby Grange Road,
stated that a list of concerns had been provided
to Mr. Herrig and that the neighbors in
opposition to the proposed rezoning had offered
a compromise of accepting the commercial
rezoning if it was located directly next to Wendeli
Corey's land. He explained that Mr. Herrig had
not agreed to this.
After discussion, Michalski moved to receive
and file the various communications and give
first consideration and reading to the Ordinance,
as proposed by Mr. Herrig with the C-3
classification. Seconded by Cline. Motion
carried 6-1 with Braig voting Nay.
Requests for Voluntary Annexation (Tabled on
June 19, 2006):
The foliowing items were left on the tabie with
no action taken at this meeting.
John and Saliy Jo Herrig - Proof of publication
on notice of hearing to consider a request from
John and Saliy Jo Herrig to voiuntarily annex to
the City of Dubuque contingent on approval of
the zoning and the annexation agreement;
Dean and Patricia Butler - Proof of publication
on notice of hearing to consider a request from
Dean and Patricia Butler to voluntarily annex to
the City of Dubuque contingent on approval of
the zoning and the annexation agreement, City
Manager recommending approval of the three
voluntary annexation requests and submitting
the signed annexation agreements for the two
properties, a Resolution approving application
for voluntary annexation of territory owned by
John W. and Saliy Jo Herrig, and a Resolution
approving application for voluntary annexation of
territory owned by Dean and Patricia Butler.
Amendment to Development Agreement -
North Grandview Estates: City Manager
recommending approval of an amendment to the
existing development agreement for the North
Grandview Estates housing subdivision,
presented and read. Lynch moved that the
communication be received and filed and
approved recommendation. Seconded by
Michalski. Motion carried 7-0.
North Grandview Estates - Final Plat: Zoning
Advisory Commission recommending approval
of the final plat of North Grandview Estates,
presented and read. Connors moved that the
communication be received and filed. Seconded
by Braig. Motion carried 7-0.
RESOLUTION NO. 308-06
A RESOLUTION APPROVING THE FINAL
PLAT OF NORTH GRANDVIEW ESTATES NO.
2 IN THE CITY OF DUBUQUE, IOWA.
Whereas, there has been fiied with the City
Clerk a Final Plat of North Grandview Estates
NO.2 in the City of Dubuque, Iowa; and;
Whereas, upon said final plat appears a street
to be known as Helen Ridge Court (Lot A),
together with certain public utiiity storm and
sanitary sewer easements and storm water
detention basins (Lots 10 and 12) ali in North
Grandview Estates No.2, which the owner, by
said final plat, has dedicated to the public
forever; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon, subject to the owners agreeing to the
conditions noted in Section 3 below; and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it, except
that no streets or public utilities have yet been
constructed or instalied.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Helen Ridge
Court (Lot A), and the easements for public
utilities, sanitary sewer and storm sewer as they
appear upon said final plat, be and the same are
hereby accepted; and
Section 2. That the Final Plat of North
Grandview Estates No. 2 is hereby approved
and the Mayor and City Clerk are hereby
authorized and directed to endorse the approval
of the City of Dubuque, Iowa, upon said final
Regular Session, July 5, 2006
291
plat, provided the owners of said property herein
named, execute their written acceptance hereto
attached agreeing:
(a) To reduce Helen Ridge Court (Lot A) to
grade and to construct concrete curb and gutter
and to hard surface with asphaltic concrete, or
with concrete paving with integral curb, all in
accordance with the City of Dubuque standard
specifications, all in a manner acceptable to the
City Engineer, in conformance with construction
improvement plans approved by the City
Engineer, and inspected by the City Engineer;
(b) To install sanitary sewer and service
laterals, water mains and water service laterals
into each individual lot. storm sewers and catch
basins, boulevard street lighting and erosion
control devices all in accordance with the City of
Dubuque standard specifications, all in a
manner acceptable to the City Engineer, and in
accordance with construction improvement
plans approved by the City Engineer, and
inspected by the City Engineer;
(c) To construct 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 construct storm water detention
facilities in a manner acceptable to the City
Engineer, in accordance with construction
improvement plans approved by the City
Engineer, prior to grading associated with the
proposed streets;
(e) To maintain the above public
improvements, for a period of two (2) years from
the date of the acceptance of those
improvements by the City of Dubuque, Iowa, at
the sole expense of the owners, or future owner;
And, further provided that said North
Grandview Estates, LLC, as owner of said
property, shall secure the performance of the
foregoing conditions provided in this Section by
providing guarantees in such form and with such
sureties as may be acceptable to the City
Manager of the City of Dubuque, Iowa.
Section 3. That the City's residential street
width standard is hereby waived to allow
construction of Helen Ridge Court with 27-foot of
paving and 42-foot of right-of-way. Parking on
Heien Ridge Court shall be restricted to the
north and west sides of the street.
Section 4. Sidewalk installation shall be the
responsibility of the owner abutting the pubiic
rights-of-way, including lots with multiple
frontages, as required by City Code 41-161
through 41-164. The responsibility shall extend
to all successors, heirs and assignees.
Sidewalk installation will not be required until the
development of the lot has been completed,
except as required herein. In sparsely
deveioped subdivisions, sidewalks on developed
lots will not be required until 50% of the lots
approved by the plat have been developed. All
vacant lots shall have sidewalks installed upon
development of 80% of the lots approved by the
plat.
Section 5. The developer will maintain the
detention facilities constructed as part of North
Grandview Estates Subdivision No.2 until it has
been fully completed and 80% of the sum of the
platted lots in the entire North Grandview
Estates No. 2 is fully developed and the
remaining 20% of these lots have installed
adequate erosion control measures as approved
by the City. Upon the City's acceptance of the
detention facilrty, the maintenance expenses
incurred by the City of Dubuque for the storm
water detention facility (Lots 10 and 12) shall be
assessed against the lot owners of North
Grandview Estates No.2, in equal amounts, and
the City Manager shall certify such costs to the
City Clerk, who in turn shall promptly certify such
costs to the Dubuque County Treasurer, and
such costs shall then be collected with and in
the same manner as general property taxes in
accordance with provisions of law.
Section 6. That the City may install a portion of
the sanitary sewer mains and sewer service
laterals into each individual lot. The costs
associated with this installation shall be
reimbursed to the City from the developer, his
successors and assigns as each lot is sold, with
a balloon payment at the end of five years from
the date of this resolution, all in accordance with
the development agreement between the City of
Dubuque and North Grandview Estates, LLC.
Section 7. That the City may install a portion of
the water mains and service laterals into each
individual lot. The costs associated with this
installation shall be reimbursed to the City from
the developer, his successors and assigns as
each lot is sold, with a balloon payment at the
end of five years from the date of this resolution,
all in accordance with the development
agreement between the City of Dubuque and
North Grandview Estates, LLC.
Section 8. That the finai acceptance of all
public Improvements shall occur upon
certification of the City Engineer to the City
Council that all public improvements have been
completed in accordance with the improvement
pians and City standard specifications and
accepted by City Council Resolution.
Section 9. That in the event North Grandview
Estates, LLC fails to execute the acceptance
and furnish the guarantees provided in Section 2
hereof within 180 days after the date of this
Resolution, the provisions hereof shall be null
and void and the acceptance of the dedication
and approval the plat shall not be effective.
Passed, approved and adopted this 5th day of
July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
292
Regular Session, July 5, 2006
Connors moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
Fiscal Year 2007 Special Projects Arts and
Culture Grants: Arts and Cultural Affairs
Advisory Commission recommending the award
of six Special Projects Arts and Culture Grants
for Fiscal Year 2007, presented and read.
Michalski moved that the communication be
received and filed and recommendation
approved. Seconded by Connors. Motion carried
6-0 with Jones abstaining.
Acceptance of Quit Claim Deed: City Manager
recommending approval of the acceptance of a
Quit Claim Deed from the General Services
Administration (GSA) for the Federal Building to
the City of Dubuque, presented and read.
Lynch moved that the communication be
received and filed. Seconded by Connors.
Motion carned 7.().
RESOLUTION NO. 30S.()6
A RESOLUTION ACCEPTING CONVEYANCE
OF THE UNITED STATES POST OFFICE AND
COURTHOUSE (FEDERAL BUILDING)
Whereas, the City of Dubuque entered into an
A9reement with the General Services
Administration of the United States of America to
which the General Services Administration
agreed to convey The U.S. Post Office and
Courthouse, iocated at 350 West Sixth Street,
Dubuque, Iowa, more specifically described as a
rectangular shaped parcel approximately 259'
(wide) X 183.5' (long), described as Lots 139,
140, 101, 102, the north 54.5' of Lot 138, the
north 54.5' of Lot 103, City Lots. The Site is
located in the northeast 1/4 of the southeast 1/4,
section 25, Township 89 North, Range 2 East,
Dubuque County, Iowa and contains
approximately 47,526.5 square feet or 1.09
acres more or less in the City of Dubuque,
Dubuque County, Iowa, as shown on the Plat of
Survey thereof; and
Whereas, the General Services Administration
has executed a conveyance of said property.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Quit Claim from the General
Services Administration, copies of which are
attached hereto, as required by Iowa Code
Section 569.7.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in
connection herewith.
Passed, approved and adopted this 51h day of
July, 2006.
Roy D. Buoi, Mayor
Attest: Jeanne F. Schneider, City Clerk
Lynch moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Demolition by Ne9lect: Communication from
the Historic Preservation Commission
recommending approval of an ordinance
extending Demolition by Neglect to conservation
districts and to extend eligibility for the Historic
Preservation Revolving Loan Fund to
conservation districts, presented and read.
Michaiski moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
An Ordinance amending Chapter 11 (Building
Regulations) of the City of Dubuque Code of
Ordinances by amending Section 11-4
Demolition Permits in Conservation Districts to
prohibit demolition by neglect, presented and
read.
OFFICIAL PUBLICATION
ORDINANCE NO. 53'()6
AN ORDINANCE AMENDING CHAPTER 11
(BUILDING REGULATIONS) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
AMENDING SECTION 11-4 DEMOLITION
PERMITS IN CONSERVATION DISTRICTS TO
PROHIBIT DEMOLITION BY NEGLECT
Whereas, the Historic Preservation
Commission has recommended an amendment
to Chapter 11 (Building Regulations) of the City
of Dubuque Code of Ordinances regardin9
prohibition of demolition of neglect in
conservation districts; and
Whereas, the City of Dubuque has established
conservation districts to allow for the City
Council's review of demolition permns that might
impact buildings of historic or architectural
significance in these districts; and
Whereas, the City Council has appointed a
Historic Preservation Commission to review
demolition permits in conservation districts, and
provide recommendations to the City Council;
and
Whereas, the City Council finds that the
recommended amendments to Chapter 11 are
consistent with the goals and objectives of the
City's Comprehensive Plan and the purpose and
intent of the City's Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 11-4 of the City of
Dubuque Code of Ordinances is hereby
amended by adding the followin9 new
subsection (h) as follows;
(h) Demolition By Neglect Prohibited: The
owner of real property in any conservation
district shall preserve and keep from
deterioration all buildings and structures located
Regular Session, July 5, 2006
on such real property. The owner shall repair the
building or structure to correct any of the
following defects found by the city's designated
enforcement officer:
(1) Deteriorated or ineffective waterproofing of
exterior walls, roofs, foundations or floors,
inciuding broken windows and doors;
(2) Defective or lack of weather protection for
exterior wall coverings, foundations or floors,
including broken windows and doors;
(3) Any default, defect or condition in the
structure which renders it structurally unsafe or
not properiy watertight; or
(4) Deterioration of any exterior feature so as
to create a hazardous condition which could
make demolition necessary for the public safety.
Section 2. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 5th day of
July 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 14th day of July, 2006.
Jeanne F. Schneider, City Clerk
1t 7/14
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 Connors. Motion
carried 7-0. Michalski moved final consideration
and passage of the Ordinance. Seconded by
Braig. Motion carried 7-0.
Code of Ordinances Chapter 34 - Parks and
Recreation: City Manager recommending
adoption of a revised Chapter 34 of the City of
Dubuque Code of Ordinances pertaining to
parks and recreation, presented and read.
Jones moved that the communication be
received and filed. Seconded by Braig. Motion
carried 7-0.
An Ordinance of the City of Dubuque, Iowa
providing that the Code of Ordinances, City of
Dubuque, Iowa, be amended by repealing
Chapter 34 thereof and enacting a new Chapter
34 Parks and Recreation, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO 54-06
AN ORDINANCE OF THE CITY OF DUBUQUE,
IOWA PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF DUBUQUE, IOWA BE
AMENDED BY REPEALING CHAPTER 34
THEREOF AND ENACTING A NEW CHAPTER
34 PARKS AND RECREATION
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
293
Section 1. That Chapter 34 of the Code of
Ordinances of the City of Dubuque, Iowa be
amended by repeaiing Chapter 34 and enacting
a new Chapter 34 in lieu thereof.
Section 2. When Effective. This Ordinance
shall take effect immediately upon publication as
provided by law.
Passed, approved and adopted this 5th day of
July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC City Clerk
Chapter 34
PARKS AND RECREATION
ARTICLE I. IN GENERAL
Secs. 34-1-34-10. (Reserved)
ARTICLE II. ADMINISTRATION
DIVISION 1. GENERALLY
Sec. 34-11. Park Rangers:
Employees assigned duties from time to time as
park rangers in the Leisure Services Department
are designated as law enforcement officers
subject to the certification of the successful
completion of training at an approved law
training facility. (1976 Code, !i 27-11; Ord. 63-
94, !i 1, 11-7-1994)
Sees. 34-12-34-20. (Reserved)
DIVISION 2. PARK AND RECREATION
ADVISORY COMMISSION
Sec. 34-21. Created:
There is hereby created a Park and Recreation
Advisory Commission to have such powers and
responsibilities as hereinafter provided. (1976
Code, !i 27-16; Ord. 88-95, !i 1, 12-18-1995, eff.
1-1-1996)
Sec. 34-22. Purpose:
The purpose of the Commission is to:
(1) Contribute to the general beautification of the
City and assist in providing facilities for active
and passive recreation through landscaping and
maintaining park land and facilities; and
(2) Provide year round opportunities for
organized recreation activities for residents of all
ages and social groups. (1976 Code, !i 27-17)
Sec. 34-23. Powers:
The responsibilities of the Commission are to
advise the City Council on:
(1) The establishment of rules and regulations
90vernin9 the use of all grounds and facilities
that have been or may be set aside as publiC
parks, playgrounds and other such park and
recreation facilities. Such rules and regulations
include are but not limited to:
a. Opening and closing hours for the use of all
park and recreation facilities by the general
public.
b. Establishment of fees, including the issuance
of permits for public use of all park and
recreation facilities.
(2) The establishment of rules and regulations
for all recreational programs provided by the
City, includin9 the establishment of fees for
participation by the public in such activities.
294
Regular Session, July 5, 2006
(1976 Code, ~ 27-18; Ord. 63-94, ~ 2, 11-7-
1994)
Sec. 34-24. Cooperation With Other Agencies:
In the conduct and operation of recreation
grounds and recreation programs, the
Commission shall cooperate with the Dubuque
Community School District, Archdiocese School
System and all other groups interested in the
promotion and implementation of recreational
activities which are in the best interest of the
City. (1976 Code, ~ 27-19)
Sec. 34-25. Solicitation And Acceptance Of
Donations:
The Commission may solicit donations and gifts
of money, personal and real property and
personal services. All such donations and gifts
shall become the property of the City for the
general support of park and recreation programs
of the City unless such items have been
designated by the donors for specific purposes.
(1976 Code, ~ 27-20)
Sec. 34-26. Membership, Appointment:
(a) The Commission shall comprise of seven (7)
persons who shall be appointed by the City
Council for terms of three (3) years. Four (4)
members of the Commission shall constitute a
quorum for the transaction of business.
(b) The expiration date for all terms of office
shall be June 30 of the appropriate year.
(1976 Code, ~ 27-21; Ord. 63-94, ~ 3,11-7-
1994)
Sec. 34-27. Attendance:
(a) The attendance of all Commission members
shall be entered upon the minutes of all
meetings by the secretary.
(b) If a member does not attend at least two-
thirds (2/3) of all regularly scheduled meetings
within a twelve (12) month period it shall be
grounds for the Commission to recommend to
the City Council that the position be declared
vacant and a replacement appointed. (1976
Code, ~ 27-22)
Sec. 34-28. Compensation:
Members of the Commission shall serve without
compensation except for reimbursement of
necessary expenses. (1976 Code, ~ 27-23)
Sec. 34-29. Organization:
(a) The officers of the Commission shall be a
chairperson, a vice chairperson and a secretary.
All officers shall be members of the
Commission.
(b) At the first meeting in July of each year, the
Commission shall elect officers to serve one
year terms of office. All officers shall be eligible
to serve successive terms of office. (1976 Code,
~ 27-24)
Sec. 34-30. Meetings:
(a) The Commission shall meet not less than
bimonthly, after four thirty o'clock (4:30) P.M. on
a regularly scheduled day.
(b) Special meetings may be called by the
chairperson or at the written request of three (3)
members.
(c) A copy of the minutes of all regular and
special meetings of the Commission shall be
filed with the City Clerk within ten (10) working
days after each such meeting. (1976 Code, ~
27-25; Ord. 63-94, ~ 4,11-7-1994)
Sees. 34-33-34-40. Reserved:
Sees. 34-43-34-50. Reserved:
ARTICLE Iii. USE REGULATIONS
Sec. 34-51. Definitions:
As used in this article, the following terms shall
have the following meanings:
Commission or the Commission: The park and
recreation advisory commission of the city.
Parks or Parkways: Parks, parkways, buildings,
park roads or driveways, and all public service
facilities or grounds, buildings and structures in
and adjacent to the city, which are under the
nesponsibility of the commission. (1976 Code, ~
27-46; Ord. 88-95, ~ 1, 12-18-1995, elf. 1-1-
1996)
Sec. 34-52. Intoxicating Beverages:
(a) The consumption or use of "alcohoiic liquors"
or "wine" as defined by chapter 123 of the code
of Iowa or any type of wine product is prohibited
in any public park or park and recreation facility
including park roadways and parking lots. This
subsection shall not appiy, however, to the
consumption or use of alcoholic liquors or wine
in Four Mounds park at an event sponsored or
expressly approved by the Four Mounds
foundation, or at publiC events sponsored by
nonprofit organizations held at The American
Trust River's Edge Plaza or the Mississippi
Riverwalk and for which a special events permit
has been issued, or at an event at the Alliant
Energy Amphitheater for which a special events
permit has been issued.
(b) The consumption of beer on any park
roadway or parking lot or in cars is prohibited at
all times.
(c) Where the use or consumption of beer is
permitted, no beer in containers commonly
referred to as "keg beer" shall be permitted at
any time except by a licensed holder of a beer
permit who has obtained a permit from the City
Manager authorizing the use of such container.
(d) The consumption or use of beer is prohibited
in the following named parks:
Alliant Energy Amphitheater
Allison-Henderson Park
The American Trust Rive~s Edge Plaza
Avon Park
Burden Park
Caledonia Park
Cancer Survivor Park
Cleveland Park
Comiskey Park
E.B. Lyons PrairieNVoodland Preserve
Eagie Valley Park
Regular Session, July 5, 2006
Elmwood Green Park
Falk Park
Flat Iron Park
Gay Park
Granger Creek Nature Trail
Grant Park
Harvest View Park
Heritage Trail
Hillcrest Park
Hilltop Park
Ice Harbor Park
Jackson Park
Jefferson Park
Madison Park
Mama Ridge Children's Forest
Medical Associates Greenbelt
Mississippi Riverwalk
Nicholas J. Sutton Swimming Pool
Pet Park
Pinard Park
Pyatigorsk Park
Riley Park
Rocco Buda Jr. Park
Southem Park
Teddy Bear Park
Usha Park
Valentine Park
Valley High Park
Waller-Cooper Park
Washington Park
Welu Park
Westbrook Park
This subsection shall not apply, however, to the
consumption or use of beer at public events
sponsored by nonprofit organizations held at
The American Trust Rivers Edge Plaza or the
Mississippi Riverwalk and for which a special
events permit has been issued, or at an event at
the Alliant Energy Amphitheater for which a
special events permit has been issued.
This subsection shall also not apply to the
consumption or use of beer in a park for an
event with the prior written approval of the city
manager. (1976 Code, ~ 27-49; Ord. 63-94, ~ 7,
11-7-1994; Ord. 47-95, ~ 1, 7-17-1995; Ord. 16-
99, ~ 1, 3-1-1999; Ord. 42-00, ~ 1, 5-1-2000;
Ord. 20-03, ~~ 1, 2, 4-7-2003)
Sec. 34-53. Horsedrawn Vehicles, Riding Of
Animals Restricted:
Horsedrawn vehicles, riding horses or any other
domesticated animal used for such purposes
shall be prohibited in any park unless permission
is granted by the park and recreation advisory
commission of the city. (1976 Code, ~ 27-50;
Ord. 88-95, ~ 1, 12-18-1995, eff. 1-1-1996)
Sec. 34-54. Dogs, Cats, And Other Domestic
Animals:
No person shall be permitted to bring into any
park, any dog, cat or other domestic animal, nor
shall any person permit such dog, cat or other
domestic animals to run at large in any park.
Any unattended animal shall be impounded and
295
its owner may redeem the same upon paying
the reasonable costs of such impoundment.
Notwithstanding the foregoing, leashed dogs
and cats shall be permitted in the following:
Miller - Riverview Park
Granger Creek nature trail
John G. Bergfeld recreation area (1976 Code, ~
27-51; Ord. 7-00, ~ 1, 1-17-2000)
Medical Associates Greenbelt Park
Unleashed pets shall be permitted in the Pet
Park.
Sec. 34-55. Walking On Grass:
No person shall go on foot or otherwise upon the
grass or turf of any park or parkway where any
prohibitory sign is posted. (1976 Code, ~ 27-54)
Sec. 34-56. Throwing Stones, Etc.:
No person shall throw any stone or any other
missile within any park or parkway. (1976 Code,
~ 27-55)
Sec. 34-57. Interfering With Animals:
No person shall kill, trap, tease, annoy, disturb,
feed or interfere with any bird or other fowl,
animals or fish in any park or parkway. No
person shall rob, injure or destroy the nest of
any bird or any other fowl. (1976 Code, ~ 27-56;
Ord. 88-95, ~ 1, 12-18-1995, eff. 1-1-1996)
Sec. 34-58. Unlawful Deposits:
No person shall throw, deposit, place or leave in
any park or parkway any paper, rubbish, waste
or refuse of any kind or nature, but shall deposit
the same in the receptacles provided for such
materials in the parks or parkways. (1976 Code,
~ 27-57)
Sec. 34-59. Obstructions:
No person shall place or suffer to remain in any
park or parkway any goods, wares, merchandise
or other articles in the nature of any obstruction
to the free use and enjoyment of such park or
parkway without written permission from the
park and recreation advisory commission of the
city. (1976 Code, ~ 27-58; Ord. 88-95, ~ 1, 12-
18-1995, eff. 1-1-1996)
Sec. 34-60. Posting Bills, Etc.:
No person shall post, paste, fasten, paint or affix
any placard, bill, notice or sign upon any
structure, tree, stone, fence, thing, or enclosure
along or within any park or parkway. (1976
Code, ~ 27-59)
Sec. 34-61. Saies Restricted:
No person shall sell or offer for sale any article
or service whatsoever in any park or parkway.
The provisions of this section shall not apply to
sales of refreshments or any other articles from
concession stands authorized by the
commission. (1976 Code, ~ 27-61)
Sec. 34-62. Possession Of Firearms, Weapons
And Fireworks:
(a) The possession of firearms, air riftes, bows
and arrows, pellet guns slingshots, or fireworks
of any description by any person within the limits
of any park or parkway is hereby prohibited.
296
Regular Session, July 5, 2006
(b) Nothing herein shall prohibit the hunting with
bow and arrow of deer by persons licensed by
and during the period of time authorized by the
Iowa Department of Natural Resources and
issued a permit by the City. (1976 Code, S 26-7;
Ord. 55-97, S 1, 10-6-1997; Ord. 39-98, S 1,6-
15-1998; Ord. 79-99, S 1, 9-20-1999) (1976
Code, S 27-62)
Sec. 34-63. Climbing On Fences, Roofs, Etc.:
No person shall climb, damage, tamper with,
stand or sit on any fence, rail or any other
structure not intended for such use in any park
or parkway. The climbing of buildin9s and going
on roofs, either with ladders or from the inside of
the buiidings through the windows or any other
way is forbidden. Climbing over ledges in ledge
gardens by any person is prohibited. (1976
Code, S 27-63)
Sec. 34-64. Moving Benches And Tables:
No person shall move benches, seats and tables
from any building or to any building in any park
or parkway without first securing permission of
the City Manager. (1976 Code, S 27-64; Ord. 63-
94, S 8,11-7-1994)
Sec. 34-66. Use Of Spotlights, Searchlights:
It shall be unlawful for any person, except
regular park employees, to operate or
manipuiate in any park or upon any parkway any
spotlight or searchlight. (1976 Code, S 27-66)
Sec. 34-67. Reserved:
(Ord. 16-99, S 2,3-1-1999)
Sec. 34-68. Meetings and Gatherings:
Buildings for group gatherings may be reserved
during the open park season by contacting the
park and recreation office. Such reselVations
can be made after January 1 for that yea(s park
season. Buildings shall be cleaned up after use
by the party reserving the same. Litter, cans,
paper, waste and refuse shall be deposited in
receptacles provided therefore. (1976 Code, S
27-68; Ord. 40-93, S 3, 7-6-1993; Ord. 63-94, S
11,11-7-1994)
Sec. 34-69. Fires:
No person shall start any fire in any park or upon
any parkway, except that small fires may be
made in the places in parks provided by the City
for that purpose. Every person who starts or
uses any such fire is hereby charged with the
duty of completely extinguishing such fire before
leaving it. (1976 Code, S 27-69; Ord. 63-94, S
12,11-7-1994)
Sec. 34-70. Loosening Stones From Bluffs
Prohibited:
No person shall loosen stones from bluffs and
rolling or throwing the same down the face of the
bluff. (1976 Code, S 27-70)
Sec. 34-71. Washing Vehicles:
No person shall wash any motor vehicle,
motorcycle or scooter in any city park. (1976
Code, S 27-71; Ord. 63-94, S 13, 11-7-1994)
Sec. 34-72. Compliance Wrth Motor Vehicle
Laws, Ordinances:
No person in a park or parkway shall fail to
compiy with ali applicable provisions of the
motor vehicle's law of the state in regard to
equipment and operation of motor vehicles
together with such regulations as are contained
in this articie and other ordinances of the city.
(1976 Code, S 27-72)
Sec. 34-73. Removal Of Unattended Vehicles
Left After Closing Hours:
Any motor vehicle left unattended in any of the
parks after closing thereof shall be deemed
abandoned and the City Manager or the park
ranger shall cause the same to be towed from
such park and the same shall not be redeemed
by the owner or the person responsible therefore
until the reasonable towing charges and storage
fees are paid. (1976 Code, S 27-73; Ord. 63-94,
S 14,11-7-1994)
Sec. 34-74. Open Season And Hours Generally:
(a) No person shall enter or remain in any park
or park and recreation facility other than during
the season and hours designated in this section.
(b) For the purposes of this section, the regular
park season shall mean from the first Saturday
in May through the fourth Sunday of October.
The Pet Park shall be open year-round.
(c) Eagle Point park and Louis Murphy park
shall be open for use by the public from seven
o'clock (7:00) AM. to ten o'clock (10:00) P.M.
Sunday through Thursday, and from seven
o'clock (7:00) A.M. to eleven o'clock (11:00)
P.M. Friday and Saturday during the regular
park season.
(d) Marshall park and the public use area of
Franklin D. Roosevelt park shall be open to the
general publiC from seven o'clock (7:00) AM. to
sunset daily during the regular park season.
(e) Gerald "Red" McAleece park and recreation
complex and Veterans' Memorial park shall be
open for use by the public from seven o'clock
(7:00) A.M. to twelve o'ciock (12:00) midnight
daily.
(I) Bunker Hill golf course shall be open for use
by the public from seven o'clock (7:00) AM. to
eieven o'clock (11 :00) P.M. daily, March through
November.
(g) Fiora park swimming pool and Nicholas J.
Sutton swimming pool shall be open for use by
the public from six o'clock (6:00) A.M. to ten
o'ciock (10:00) P.M. daily, June through August.
(h) The following parks and park and recreation
facilities shall be open for use by the pubiic from
seven o'clock (7:00) A.M. to ten o'clock (10:00)
P.M. daily:
Allison-Henderson Park
Avon Park
John G. Bergfeld Recreation Area
Burden Park
Cancer Survivor Park
Caledonia Park
Cieveland Park
Comiskey Park
Regular Session, July 5, 2006
Eagle Valley Park
Elmwood Green Park
Falk Park
Flat Iron Park
Flora Park
Gay Park
Granger Creek Nature Trail
Grant Park
Harvest View Park
Heritage Trail
Hillcrest Park
Hilltop Park
Ice Harbor Park
Jackson Park
Jefferson Park
Madison Park
Mama Ridge Children's Forest
Medical Associates Greenbelt
Oakwood Park
Pet Park
Pinard Park
Pyatigorsk Park
Riley Park
Rocco Buda Jr. Park
Southem Park
Teddy Bear Park
Usha Park
Valentine Park
Valley High Park
Waller-Cooper Park
Washington Park
Welu Park
Westbrook Park
(i) Miller-Riverview park shall be open for use by
the public from seven o'clock (7:00) A.M. until
ten o'clock (10:00) P.M. daily, and only
registered campers shall be permitted in the
area at all other hours.
0) The cijy manager or authorized
representative shall have the authority to close
any or all parks, park and recreation facilities,
park roadways and park parking lots before
scheduled closing hours at times it is deemed
necessary in the interest and safety of the
public.
(k) The following parks shall be open for use by
the public twenty four (24) hours per day:
Alliant Energy Amphitheater
The American Trust River's Edge Plaza
Mississippi Riverwalk (1976 Code, 9 27-74; Ord.
63-94, 9 15, 11-7-1994; Ord. 16-99, 9 3, 3-1-
1999; Ord. 20-03, 99 3, 4, 4-7-2003)
Secs. 34-75-34-85. Reserved:
ARTICLE IV. SPECIFIC PARKS
Sec. 34-86. Alliant Ener9Y Amphitheater:
The following described parcel of real estate is
and shall be used for pUblic park purposes and
shall be continued to be known, called and
named as "Alliant Ener9Y Amphitheate~' and
placed under the jurisdiction of the Park and
Recreation Advisory Commission:
297
The area of the Port of Dubuque west of the
Mississippi Riverwalk, south of the railroad
tracks east of Bell Street, and adjacent to the
former Dubuque Star Brewery.
(Ord. 20-03, 9 11,4-7-2003)
Sec. 34-87. Allison-Henderson Park:
The followin9 described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Allison-Henderson Park" and placed
under the jurisdiction of the Park and Recreation
Advisory Commission: Lots 1, 18, 19, 20, 21 and
22 of Pinehurst Subdivision in the City of
Dubuque, Iowa.
(1976 Code, 9 27-100; Ord. 88-95, 9 1, 12-18-
1995, eff. 1-1-1996)
Sec. 34-88. Avon Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Avon Park" and placed under the
jurisdiction of the Park and Reaeation Advisory
Commission:
Lots 6 through 10 of Mary Ann McDaniel's
Subdivision of parts of Lots 823 and 824 of A.
McDaniel's Subdivision in the City of Dubuque,
Iowa.
(1976 Code, 9 27-101; Ord. 88-95, 9 1, 12-18-
1995, eff. 1-1-1996)
Sec. 34-89. A.Y. McDonald Park
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "A.Y. McDonald Park" and placed
under the jurisdiction of the Park and Recreation
Advisory Commission:
Blocks 1,2, 3, 4 and 5 in River Front Subdivision
NO.3
Sec. 34-90. Bunker Hill Golf Course:
The following described parcel of real estate is
and shall be continued to be known, called and
named as "Bunker Hill Golf Course" and placed
under the jurisdiction of the Park and Recreation
Advisory Commission:
Part of Lot 2 in Highland Farms Addition; Lot 16
in Pfohl's Subdivision; Mineral Lots 189, 200,
201, 202, 210, 270, 336 and 370, and parts of
Mineral Lots 190,265 and 340, all in the City of
Dubuque, Iowa.
(1976 Code, 9 27-120; Ord. 88-95, 9 1, 12-18-
1995, eff. 1-1-1996)
Sec. 34-91. Burden Park:
The following described parcel of neal estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Burden Park" and placed under the
jurisdiction of the Park and Recreation Advisory
Commission:
Lot 1 of Lot 1 of Lot 3 northeast quarter, Section
13, Township 89 North, Range 2 East in the City
of Dubuque, Iowa.
298
Regular Session, July 5, 2006
(1976 Code, 9 27-109; Ord. 88-95, 9 1, 12-18-
1995, elf. 1-1-1996; Ord. 16-99, 9 10, 3-1-1999)
Sec. 34-92. Caledonia Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Caledonia Park" and placed under
the jurisdiction of the Park and Recreation
Advisory Commission:
Lot 38 of Kelly's Subdivision in the City of
Dubuque, Iowa.
(1976 Code, 9 27-93; Ord. 88-95, 9 1, 12-18-
1995, elf. 1-1-1996; Ord. 16-99, 94,3-1-1999)
Sec. 34-93. Cleveland Park:
The following described parcel of real estate is
and shall be used for pubiic park purposes and
shall be continued to be known, called and
named as "Cieveland Park" and placed under
the jurisdiction of the Park and Recreation
Advisory Commission:
South lwo-thinds of City Lot 695 and Lots 35, 36,
37 and east 20 feet of Lot 38 of Union Addttion
in the City of Dubuque, Iowa.
(1976 Code, 9 27-108; Ord. 88-95, 9 1, 12-18-
1995, elf. 1-1-1996)
Sec. 34-94. Comiskey Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Comiskey park" and placed under
the jurisdiction of the park and recreation
advisory commission:
Lots 1 through 23, Lots 24 through 46 and the
intervening alley in Boulevard Addition of the
City of Dubuque, Iowa. (1976 Code, 9 27-92;
Ord. 88-95, 91, 12-18-1995, elf. 1-1-1996)
Sec. 34-95. Eagie Point Park And Ham House
Museum:
The following described parcel of real estate is
and shall be continued to be known, called and
named as "Eagle Point park" and includes the
land upon which the Ham house museum is
situated and placed under the jurisdiction of the
Park and Recreation Advisory Commission:
Lot 1 through Lot 7 in Berendes Subdivision; Lot
2 in Chris Braun's Place; Lot 1 of Lot 1 of Lot 2
of Lot 2A in Clark's Subdivision; Lot 2 of Lot 1,
Lot 2 of Lot 1 of Lot 1, and Lot 2 in Eagle Point
View; Lot 2 of Lot 6, Lot 2 of Lot 1 of Lot 6, and
Lot 107 through Lot 124 in Fountain Hill
Resubdivisions; Lot 529 through Lot 534 in
Ham's Addition; Lot 503 through Lot 515 in
Ham's Addition (Eagle Point); Lot 2 of Lot 221,
Lot 1 of Lot 222, Lot 223 and Lot 224 in Julien
Addition; Lot 1 of Lot 6 in Katherine Place; Lot 2
of Lot 1 of Lot 1 of Lot 1 in Potter Piace; Lot 1
through Lot 10 in Potte~s Shiras Avenue Place;
Lot 1 of Lot 2 of Lot 2 of Lot 3 and Lot 2 of Lot 3
in Shiras Subdivision; and parts of Mineral Lots
305A, 308, 309A, 310, 311 and 312, all in the
City of Dubuque, Iowa.
(1976 Code, 9 27-119; Ord. 88-95, 9 1, 12-18-
1995, elf. 1-1-1996)
Sec. 34-96. Eagle Valley Park
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Eagle Valley Park" and placed under
the jurisdiction of the Park and Recreation
Advisory Commission:
Lot C of Block 3 of Eagle Valley Subdivision.
Sec. 34-97. E.B. Lyons PrairieNVoodland
Preserve:
(a) The following described real estate is hereby
placed under the control of the jurisdiction and
management of the park and recreation advisory
commission of the city:
Lots 2 and 3 of the northeast one-quarter of the
southeast one-quarter of section 1, township 88
north, range 2 east of fifth prime meridian; Lots 2
and 3 of the northwest one-quarter of the
southwest one-quarter, Lots 2 and 3 of the
northeast one-quarter of the southwest one-
quarter, and Lot 2 of Lot 1 of the southwest one-
quarter of the southwest one-quarter; of section
6, township 88 north, range 3 east of the fifth
prime meridian in Dubuque County, Iowa,
according to the respective recorded plats
thereof.
(b) Such real estate shall be known, called and
named as "the E.B. Lyons PrairieNVoodland
Preserve" and accordingly such real estate is so
permanently named. (1976 Code, 9 27-88; Ord.
88-95,91,12-18-1995, elf. 1-1-1996)
Sec. 34-98. Elmwood Green Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Elmwood Green Park" and placed
under the jurisdiction of the Park and Recreation
Advisory Commission:
Lot 2-2-2 of Mineral Lot 349 in the City of
Dubuque, iowa.
(Ord. 16-99,913,3-1-1999)
Sec. 34-99. Falk Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Falk Park" and placed under the
jurisdiction of the Park and Recreation Advisory
Commission:
Lot 23 in Falks Subdivision in the City of
Dubuque, Iowa.
(1976 Code, 9 27-104; Ord. 88-95, 91,12-18-
1995, elf. 1-1-1996; Ord. 16-99, 9 6, 3-1-1999)
Sec. 34-100. Flat Iron Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Flat Iron Park" (Phoenix) and placed
under the jurisdiction of the Park and Recreation
Advisory Commission:
Regular Session, July 5, 2006
299
A triangularly shaped area bounded on the
easterly side by Main Street, on the southerly
side by Jones Street and on the westerly side by
Shields Street.
(1976 Code, ~ 27-98; Ord. 88-95, ~ 1, 12-18-
1995, elf. 1-1-1996)
Sec. 34-101. Flora Parle
Except for the appurtenant easements of right of
way and a strip along Pennsylvania Street
twenty feet (20') in width, the following real
estate in the west end of the city:
Sylvester Place: Lot 1 of 4 of Mineral Lot 260;
Lot 2 of 1 of 2 of 4 of Mineral Lot 260; Lot 2 of 2
of 4 of Mineral Lot 260; Lot 2 of 2 of Mineral Lot
259; Lot 1 of 2 of Mineral Lot 259; Lot 1 of 1 of 1
of 1 of 1 of 2 of J. P. Metel's Subdivision is
hereby set apart as a public park to be known as
"Flora park" under the jurisdiction and control of
the park and recreation advisory commission.
(1976 Code, ~ 27-89; Ord. 88-95, ~ 1, 12-18-
1995, elf. 1-1-1996)
Sec. 34-102. Four Mounds:
The following described parcels of real estate
shall be used for publiC park purposes and shall
be hereinafter collectively known, called and
named "Four Mounds";
Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1, and Lot 1
of Lot 1 of Lot 2 of Lot 1, both of the Subdivision
of: "Lot 1 of Lot 7 of the southwest one-quarter
of Section 1, the southwest one-quarter of the
northwest one-quarter of Section 1 and
Government Lot 1 (or Mineral Lot 331) of
Section 1, Township 89 North, Range 2 East of
the fifth principal meridian."
Lot 2 of the northwest one-quarter of the
northwest one-quarter of Section 1, Township 89
North, Range 2 East of the fifth principal
meridian, all in the City of Dubuque, Iowa, and
Lot 16 of "John Deere Dubuque Tractor Works"
in Dubuque Township, and Lot 2 of Lot 1 of Lot
1 of Lot 2 of Lot 2 of Section 2, both in Township
89 North, Range 2 East of the fifth principal
meridian, according to the United States
Government Survey and the recorded plats
thereof, subject to easements of record.
(1976 Code, ~ 27-91)
Sec. 34-103. Franklin Delano Roosevelt Park:
The following described parcel of real estate is
and shall be used for publiC park purposes and
shall be continued to be known, called and
named as "Franklin Delano Roosevelt (FDR)
Park" and placed under the jurisdiction of the
Park and Recreation Advisory Commission:
Lot 1 of the west half of the northeast one-
quarter of Section 4, Township 88 North, Range
2 East of fifth principal meridian in Dubuque
County, Iowa and Mineral Lots 272 and 273, Lot
1 of Mineral Lot 271, Lot 1 of Mineral Lot 274,
and Lot 1 of Mineral Lot 276 in Dubuque
Township, Dubuque County, Iowa.
(1976 Code, ~ 27-110; Ord. 88-95, ~ 1, 12-18-
1995, elf. 1-1-1996)
Sec. 34-104. Gay Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Gay Park" and placed under the
jurisdiction of the Park and Recreation Advisory
Commission:
Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 in
Young Primrose Place and Lots 3 and 4 in
Grommersch Place, all in the City of Dubuque,
Iowa.
(1976 Code, ~ 27-106; Ord. 88-95, ~ 1, 12-18-
1995, elf. 1-1-1996; Ord. 16-99, ~ 8, 3-1-1999)
Sec. 34-105. Gerald "Red" McAleece Park and
Recreation Complex:
The following described parcel of real estate
commonly referred to as "area e" I "Hamm
Island", and "City Island" shall be hereinafter
known, called and named as "Gerald "Red"
McAleece Park and Recreation Complex":
Those portions of Mineral Lots 294, 295, Lots 1
and 2 of 296, 297, 298, 299 and 300 and
Government Lot 1, located In Sections 17, 18,
19 and 20, Town 89 North, Range 3 East in the
City of Dubuque, Dubuque County, Iowa, and
bounded by Lake Peosta Channel and the
Mississippi River.
(1976 Code, ~ 27-90)
Sec. 34-106. Granger Creek Nature Trail:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Granger Creek nature trail" and
placed under the jurisdiction of the Park and
Recreation Advisory Commission:
Area surrounding Dubuque Technology Park at
corner of Highways 151/61 and Lake Eleanor
Road.
(Ord. 16-99, ~ 13, 3-1-1999)
Sec. 34-107. Grant Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Grant Park" and placed under the
jurisdiction of the Park and Recreation Advisory
Commission:
A triangularly shaped area bounded on the
easterly side by Locust Street, on the westerly
side by Blulf Street, and on the southerly side by
Fifteenth Street.
(1976 Code, ~ 27-97; Ord. 88-95, ~ 1, 12-18-
1995, eff. 1-1-1996)
Sec. 34-108. Harvest View Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Harvest View Park" and placed
under the jurisdiction of the Park and Recreation
Advisory Commission:
Lot A of Harvest View Estates First Addition.
(Ord. 20-03, ~ 8, 4-7-2003)
Sec. 34-109. Heritage Trail:
300
Regular Session, July 5, 2006
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Heritage Trail" and placed under the
jurisdiction of the Park and Recreation Advisory
Commission:
A linear piece of property from 22nd to 32nd
Streets along Elm Street, in the City of Dubuque,
Iowa.
(Ord. 16-99,913,3-1-1999)
Sec. 34-110. Hillcrest Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Hillcrest Park" and placed under the
jurisdiction of the Park and Recreation Advisory
Commission:
Lot 1 of Lot 4 of Mineral Lot 261 in the City of
Dubuque, Iowa.
(1976 Code, 9 27-105; Ord. 88-95, 9 1, 12-18-
1995, eft. 1-1-1996; Ord. 16-99, 9 7, 3-1-1999)
Sec. 34-111. Hilltop Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Hilltop Park" and placed under the
jurisdiction of the Park and Recreation Advisory
Commission:
West one-half of Lot 1 of the south one-third of
Lots 34 and 35; west 127 feet and 6 inches of
Lot 1 of Lot 2 of the south one-third of Lots 34
and 35; west one-half of Lot 2 of Lot 2 of the
south one-third of Lots 34 and 35; west one-half
of the north one-half of Lot 36; west one-half of
the south one-half of Lot 36; west one-half of Lot
2 of Lot 37; Lot 1 of Lot 1 of Lot 37; Lot 2 of Lot
2 of Lot 1 of Lot 37 all in Kelly's Subdivision in
the City of Dubuque, Iowa.
(1976 Code, 9 27-112; Ord. 88-95,91,12-18-
1995, eft. 1-1-1996; Ord. 16-99,911,3-1-1999)
Sec. 34-112. Ice Harbor Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Ice Harbor park" and placed under
the jurisdiction of the Park and Recreation
Advisory Commission:
The area of the Port of Dubuque between the
Portside Building and the National Mississippi
River Museum and Aquarium.
(Ord. 20-03, 912,4-7-2003)
Sec. 34-113. Jackson Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Jackson Park" and placed under the
jurisdiction of the Park and Recreation Advisory
Commission:
An area bounded on the westerly side by Main
Street, on the southerly side by Fifteenth Street,
on the easterly side by Iowa Street and on the
northerly side by the south property line of City
Lot 746 of the original township, all in the City of
Dubuque, Iowa.
(1976 Code, 9 27-99; Ord. 88-95, 9 1, 12-18-
1995, eft. 1-1-1996)
Sec. 34-114. Jefterson Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Jefterson Park" and placed under the
jurisdiction of the Park and Recreation Advisory
Commission:
Lots 38, 39, 40 and east 21 feet of Lot 41 of
Farley's Subdivision in the City of Dubuque,
Iowa.
(1976 Code, 9 27-102; Ord. 88-95, 9 1, 12-18-
1995, eft. 1-1-1996)
Sec. 34-115. John G. Bergfeld Recreation Area:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "John G. Bergfeld Recreation Area"
and placed under the jurisdiction of the Park and
Recreation Advisory Commission:
Lot C of the Dubuque Industrial Center West.
(Ord. 6-00, 9 1,1-17-2000)
Sec. 34-116. Louis Murphy Park:
The following described parcel of real estate is
and shall be continued to be known, called and
named as "Louis Murphy Park", also formerly
known as Grandview Park, and placed under the
jurisdiction of the Park and Recreation Advisory
Commission:
That part of Lots 1, 2 and 4 of Mineral Lot 37
lying southerly of Highway 61; that part of Lots
1, 2, 3, 4 and 5 of O'Conno(s Subdivision lying
southerly of Highway 61; westerly 42 feet of Lot
2 and the westerly 42 feet of Lot 2 of Lot 15 in
Summer Hill Addition; Lots 14, 15, 16 and 17 in
Rowan's Addition; Lot 1 of Lot 1 of the
subdivision of Mineral Lot 36A; Lot 1 of Lot 2 of
Mineral Lot 38; and that part of Lot 6 and all of
Lots 7, 8, 9, 10, 11, 12 and 13 lying easterly of
Highway 61, all in the City of Dubuque, Iowa.
(1976 Code, 9 27-117; Ord. 88-95, 91, 12-18-
1995, eft. 1-1-1996)
Sec. 34-117. Madison Park:
The following described parcel of real estate is
and shall be continued to be known, called and
named as "Madison Park" and placed under the
jurisdiction of the Park and Recreation Advisory
Commission:
Lots 32, 33, and 34 of the Subdivision of Lots
676 and 677 in L.H. Langworthy Addition; Lot 5
of the Subdivision of Lot 674 in L.H. Langworthy
Addition; Lot 1 of Lot 2 of the Subdivision of Lots
676 and 677 in L.H. Langworthy Addition; Lot 3
of Lot 3 of the Subdivision of Lots 676 and 677
in L.H. Langworthy Addition; and two (2)
unnumbered Lots lying between Lots 677 and
678 in L.H. Langworthy Addition, all in the City of
Dubuque, Iowa.
Regular Session, July 5, 2006
(1976 Code, 9 27-116; Ord. 88-95, 9 1, 12-18-
1995, elf. 1-1-1996)
Sec. 34-118. Mama Ridge Children's Forest:
The followin9 described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Mama Ridge Children's Forest" and
placed under the jurisdiction of the Park and
Recreation Advisory Commission:
Lot A of Lot B, Block 1 of Mama Ridge Estates
2, as comprised of Mildreds Addition in the City
of Dubuque, Iowa.
(Ord. 16-99,913,3-1-1999)
Sec. 34-119. Marshall Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Marshall Park" and placed under the
jurisdiction of the Park and Recreation Advisory
Commission:
Northwest one-quarter of the southeast one-
quarter of the southwest ollEKluarter of Section
10, Township 89 North, Range 2 East of the fifth
principal meridian according to the United States
Government Survey thereof, and the southwest
quarter of the southwest quarter of Section 10,
Township 89 North, Range 2 East of the fifth
principal meridian according to the United States
Government Survey thereof, also right-of-way
over the westerty 20 feet of Lot 1 of the
subdivision of Lot 1 of 1 of 1 of Mineral Lot 390,
Lot 2 of 1 of Mineral Lot 386 and Lot 2 of Mineral
Lot 380 according to the recorded plats thereof,
all in the City of Dubuque, Iowa.
(1976 Code, 9 27-94; Ord. 88-95, 9 1, 12-18-
1995, elf. 1-1-1996)
Sec. 34-120. Medical Associates Greenbelt:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Medical Associates greenbelt" and
placed under the jurisdiction of the Park and
Recreation Advisory Commission:
Lot 11 of Medical Associates Subdivision in the
City of Dubuque, Iowa.
(Ord. 16-99,913,3-1-1999)
Sec. 34-121. Miller-Riverview Park:
The following described parcel of real estate is
and shall be known, called and named as
"Miller-Riverview Park" and placed under the
jurisdiction of the Park and Recreation Advisory
Commission:
That part of Chaplain Schmitt Memorial Island
located northeriy of the Dubuque greyhound
racing facility and easterly of the wetlands area
extending easterly an average of approximately
four hundred (400) feet more or less to the
Mississippi River.
(1976 Code, 9 27-114; Ord. 68-93,991,2,12-
20-1993; Ord. 63-94, 9 18, 11-7-1994; Ord. 88-
95,91, 12-18-1995, elf. 1-1-1996)
Sec. 34-122. Mississippi Riverwalk:
301
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Mississippi Riverwalk" and placed
under the jurisdiction of the Park and Recreation
Advisory Commission:
The walkway on the floodwall between The
American Trust River's Edge Plaza and the
Alliant Energy Amphitheater.
(Ord. 20-03, 9 10,4-7-2003)
Sec. 34-123. Nicholas J. Sutton Swimming Pool:
The following described parcel of real estate is
and shall be continued to be known, called and
named as "Nicholas J. Sutton Swimming Pool"
and placed under the jurisdiction of the Park and
Recreation Advisory Commission:
Part of Lots 44, 45, 46, 47, 48, 331, 332 and 333
in Ham's Addition; that part of vacated Garfield
Avenue lying adjacent to Lots 45, 46, 331 and
332 in Ham's Addition; that part of vacated
Summer Street lying adjacent to Lots 44, 45, 46,
47,48, 331, 332 and 333 in Ham's Addition; and
that part of the vacated alley iying adjacent to
Lots 46 and 47 in Ham's Addition, all in the City
of Dubuque, Iowa.
(1976 Code, 9 27-121; Ord. 88-95, 91, 12-18-
1995, eff. 1-1-1996; Ord. 20-03, 95,4-7-2003)
Sec. 34-124. Oakwood Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Oakwood Park" and placed under
the jurisdiction of the Park and Recreation
Advisory Commission:
Lot 2 Oakwood Park Subdivision and Lot 1 of
Lot 1 of Lot 1 of Heim Subdivision, both in the
City of Dubuque, Iowa.
(1976 Code, 9 27-95; Ord. 88-95, 91, 12-18-
1995, elf. 1-1-1996)
Sec. 34-125. Park Tree Farm:
The following described parcel of real estate is
and shall be continued to be known, called and
named as "Park Tree Farm" and placed under
the jurisdiction of the Park and Recreation
Advisory Commission;
Lots 503 and 515 in Ham's Addition of the City
of Dubuque, Iowa.
(1976 Code, 9 27-113; Ord. 88-95, 9 1, 12-18-
1995, elf. 1-1-1996)
Sec. 34-126. Pet Park
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Pet Park" and placed under the
jurisdiction of the Park and Recreation Advisory
Commission:
Area on North Grandvlew Avenue, east of the
Bunker Hill Golf course and south of the Water
Department pumping station.
Sec. 34-127. Pinard Park:
The following described parcel of real estate is
and shall be used for public park purposes and
302
Regular Session, July 5, 2006
shall be continued to be known, called and
named as "Pinard Park" and placed under the
jurisdiction of the Park and Recreation Advisory
Commission:
Lots 138, 139 and 140 in Glendale Addition No.
2 in the City of Dubuque, Iowa.
(Ord. 16-99, ~ 13, 3-1-1999)
Sec. 34-128. Pyatigorsk Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Pyatigorsk Park" and piaced under
the jurisdiction of the Park and Recreation
Advisory Commission:
Area located at the northeast corner of Sixteenth
Street and Kerper Boulevard, west of the
Jaycees trail and south of the Highway 151
Bridge.
Sec. 34-129. Reserved:
Sec. 34-130. Reserved:
Sec. 34-131. Reserved:
(Ord. 16-99, ~ 12, 3-1-1999)
Sec. 34-132. Riley Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Riley Park" and placed under the
jurisdiction of the Park and Recreation Advisory
Commission:
Lot E of Crescent Heights Subdivision. (Ord. 20-
03, ~ 7, 4-7-2003)
Sec. 34-133. Rocco Buda Jr. Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Rocco Buda Jr. park" and placed
under the jurisdiction of the Park and Recreation
Advisory Commission:
Lot 1 of 1 of 1 of 81 0 A McDaniels Subdivision.
(Ord. 16-99, ~ 13, 3-1-1999)
Sec. 34-134. Southern Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Southern Park" and placed under the
jurisdiction of the Park and Recreation Advisory
Commission:
Beginning at the NW Corner of Lot 1 of said
John Breakey's Addition; thence S46" 22 3/4'W,
315.98 fl., along the Northwesteriy line of said
John Breakey's Addition; thence S81" 011/4W,
12.72 fl.; thence S38" 47 3/4'E, 64.04 fl.; thence
S51" 121/4'W, 46.36 fl.; thence N38" 47 3/4'W,
78.87 fl.; thence S68" 57 3/4'W, 111.56 fl.;
thence S35" 45'W, 84.25 fl.; thence S42" 39'E,
218.28 fl.
(Ord. 16-99, ~ 13, 3-1-1999)
Sec. 34-135. Teddy Bear Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Teddy Bear park" and placed under
the jurisdiction of the Park and Recreation
Advisory Commission:
Lot 1 of Block 19, Sunnyslopes Estates in the
City of Dubuque, Iowa.
(Ord. 16-99, ~ 13, 3-1-1999; Ord. 20-03, ~ 6, 4-
7-2003)
Sec. 34-136. The American Trust River's Edge
Plaza:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "The American Trust Rive~s Edge
plaza" and piaced under the jurisdiction of the
Park and Recreation Advisory Commission:
That area, including the flat area, steps and
ramp, outside the floodwall at the Port of
Dubuque at the south end of the Mississippi
Riverwalk.
(Ord. 20-03, ~ 9, 4-7-2003)
Sec. 34-137. Usha Park:
The followin9 described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Usha park" and placed under the
jurisdiction of the Park and Recreation Advisory
Commission:
Lot 1 of Lot 2 of Lot 1 of Byrne's Subdivision in
the City of Dubuque, Iowa.
(Ord. 16-99, ~ 13, 3-1-1999)
Sec. 34-138. Valentine Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Valentine park" and placed under the
jurisdiction of the Park and Recreation Advisory
Commission:
Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot 1
of McLean Heights and Lot 4 in Block 2 of
Mama Ridge Estates 2 in the City of Dubuque,
Iowa.
(Ord. 16-99, ~ 13, 3-1-1999)
Sec. 34-139. Valley High Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as "Valley High Park" and placed under
the jurisdiction of the Park and Recreation
Advisory Commission:
Lot 2 of Lot 1 of Lot 1 of Lot 1 in Mineral Lot 337
and Lot 5 in Wiegand's Subdivision, all in the city
of Dubuque, Iowa.
(1976 Code, ~ 27-107; Ord. 88-95, ~ 1, 12-18-
1995, elf. 1-1-1996; Ord. 16-99, ~ 9, 3-1-1999)
Sec. 34-140. Veterans' Memorial Park:
The following described parcel of real estate is
and shall be continued to be known, called and
named as "Veterans' Memorial park" and placed
under the jurisdiction of the Park and Recreation
Advisory Commission:
Lot 2 of Mineral Lot 382, Lots 1 and 2 of Lot 1 of
Mineral Lot 383, Minerai Lot 384 and part of Lot
1 of Lot 1 of Lot 2 of Mineral Lot 385 lying south
Regular Session, July 5, 2006
303
of Thirty Second Street, all in the City of
Dubuque, Iowa.
(1976 Code, ~ 27-118; Ord. 88-95, ~ 1, 12-18-
1995, eft. 1-1-1996)
Sec. 34-141. Waller-Cooper Park:
The followin9 described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as 'Waller-Cooper Park" and placed
under the jurisdiction of the Park and Recreation
Advisory Commission:
Lots 26, 27 and 28 in Cooper Heights Addition in
the City of Dubuque, Iowa.
(1976 Code, ~ 27-103; Ord. 88-95, ~ 1, 12-18-
1995, eft. 1-1-1996; Ord. 16-99, ~ 5, 3-1-1999)
Sec. 34-142. Washington Park:
The following described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as 'Washington Park" and placed under
the jurisdiction of the Park and Recreation
Advisory Commission:
An area bounded on the northeriy side by West
Seventh Street, on the westeriy side by Bluft
Street, on the southerly side by West Six1h
Street, and on the easterly side by Locust
Street.
(1976 Code, ~ 27-96; Ord. 88-95, ~ 1, 12-18-
1995, eft. 1-1-1996)
Sec. 34-143. Welu Park:
The followin9 described parcel of real estate is
and shall be used for public park purposes and
shall be continued to be known, called and
named as 'Welu park" and piaced under the
jurisdiction of the Park and Recreation Advisory
Commission:
Lot 22 of Sunset Park Eighth Addition to the City
of Dubuque, Iowa.
(Ord. 20-03, ~ 12,4-7-2003)
(Ord. 6-00, ~ 1,1-17-2000)
Sec. 34-144. Westbrook Park
The following described parcel of real estate is
and shall be used for publiC park purposes and
shall be continued to be known, called and
named as "Westbrook Park" and placed under
the jurisdiction of the Park and Recreation
Advisory Commission:
Approximately three (3) acres within Lot A, Block
1 of Westbrook Subdivision.
A Copy of Ordinance No. 54-06 is on file In the
City Clerk's Office, City Hall, 13'h and Central
Avenue, Dubuque, Iowa, and may be viewed
during normal working hours, Monday through
Friday, 8:00 o'clock a.m. to 5;00 o'clock p.m.
Published officially in the Telegraph Herald
newspaper this 14th day of JUiy, 2006.
Jeanne F. Schneider, City Cierk
1t 7/14
Jones moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetin9s prior to
the meeting at which it is to be finally passed be
suspended. Seconded by Braig. Motion carried
7-0. Jones moved final consideration and
passage of the Ordinance. Seconded by
Connors. Motion carried 7-0.
Sanitary Sewer at Training Center: City
Manager recommending that the City provide
additional financial support for the joint
City/County Fire Training Center Project in the
amount of $25,000 to hook up to the sanitary
sewer, presented and read. Connors moved
that the communication be received and filed
and approved recommendation. Seconded by
Jones. Motion carried 7-0.
Greater Dubuque Development Corporation;
Communication from the Greater Dubuque
Development Corporation requesting appoint-
ments to the Greater Dubuque Development
Corporation Board of Directors, presented and
read. Cline moved that the communication be
received and filed and affirmed that the Mayor,
City Manager, and Economic Development
Director would continue to serve and
reappointed City Council Members Joyce
Connors and Patricia Cline. Seconded by
Connors. Motion carried 7-0.
Dubuque Museum of Art; City Manager Van
Miliigen stated that Consent Item #18 should
have been an Action Item as John Schmidt,
President of Dubuque Bank and Trust, was
present to discuss the request with the City
Council. Cline moved to reconsider the previous
action taken with regard to the request of the
Dubuque Museum of Art. Seconded by
Michalski. Motion carried 7-0.
Mr. Schmidt spoke clarifying the requested
action and stated that they were requesting that
the loan be forgiven entirely or that it be
amortized an additional five years over the life of
the ioan. Michalski requested additional
information and asked that the Council be
provided the Museum annual financial report.
Cline moved to table to the nex1 meeting.
Seconded by Connors. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Michalski stated she represented the City on
June 24, 2006 and received a Certificate of
Recognition for "Rediscover Downtown." Cline
mentioned the crowd control at the recent Alice
Cooper concert was impressive. Braig stated
that there was a good film on global warming at
the National Mississippi River Museum. She
also mentioned that the United States has not
signed the Kyoto Agreement and requested the
staft to look into that and perhaps refer to the
City's Environmental Stewardship Advisory
Commission. Mayor Buol thanked all for the
fireworks display.
304
Regular Session, July 5, 2006
There being no further business, Michalski
moved to adjourn. Seconded by Cline. Motion
carried 7-0. The meeting adjourned at 8:51 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
11 7/14
Approved:
2006
Adopted
2006
Mayor
Council Members
Attest:
City Cierk
Regular Session, July 17, 2006
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, July 17, 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 Monsignor Wayne
Ressler, Pastor of St. Raphael's Cathedral.
Proclamations: Dubuque County Fair Week
(July 25 - 30, 2006) received by Fair Manager
Shannon Lundgren; United Way Campaign Time
(August 3 - October 31, 2006) received by
United Way Board Chairperson Lori Thielen
CONSENT ITEMS
Minutes and Reports Submitted: City Council
of 7/5; Enterprise Zone Commission of 5/24'
Long Range Planning Advisory Commission 01
6/21; Park and Recreation Commission of 6/13
and 7/11; Zoning Board of Adjustment of 6/22,
presented and read. Cline moved that the
minutes be received and filed. Seconded by
Connors. Motion carried 7-0.
Library Board of Trustees Update from
meeting of June 22, 2006, presented and read.
Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
Proofs of publication of City Council
Proceedings of June 1 g and 21, 2006 and List of
Claims and Summary of Revenues for month
ending May 31, 2006, presented and read.
Cline moved that the proofs be received and
filed. Seconded by Connors. Motion carried 7-0.
Notice of Claims/Suits: Bird Chevrolet for
vehicle damage; City of Bellevue for vehicle
damage; Bob and Donna Humke for property
damage; Jane M. Jaeger for property damage;
Robert Kaesbauer for property damage; Bill
McGovern for property damage; Rhonda Metcalf
v. City of Dubuque; Ferd A. Nesler for vehicle
damage; Oak Park Place for property damage;
Michael V. and Tansy Jo Rooney for property
305
damage; Jeremiah Shanahan for vehicle
damage; Michael and Barbara Skahill for
property damage, presented and read. Cline
moved that the claims and suits 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: Bird Chevrolet
for vehicle damage; Bob and Donna Humke for
property damage; Bill McGovern for property
damage; Ferd A. Nesler for vehicle damage;
Oak Park Place for property damage; Jeremiah
Shanahan for vehicle damage, presented and
read. Cline moved that the communications be
received and filed and concurred. Seconded by
Connors. Motion carried 7-0.
City Attorney recommending denial of the
claim of Jessica Sampson for vehicle damage,
presented and read. Cline moved that the
communication be received and filed and
approved recommendation. Seconded by
Connors. Motion carried 7-0.
Fire Simulators for Training Center: City
Manager recommending approval to reimburse
the Training Center Task Force $365,000 for fire
simulators which have been installed at the
Dubuque County Firefighters Association
Regional Emergency Responders Training
FaCIlity, presented and read. Cline moved that
the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 310-06
AUTHORIZING THE REIMBURSEMENT OF
DUBUQUE COUNTY FIREFIGHTERS
ASSOCIATION IN THE AMOUNT OF
$365,000.00 FOR THE PURCHASE OF
EQUIPMENT FOR THE JOINT CITY/COUNTY
REGIONAL EMERGENCY RESPONDER
TRAINING CENTER PROJECT
WHEREAS, the City Council, in its fiscal year
2007 budget, budgeted $365,000 to be used by
the City of Dubuque (City) for the purchase by
Dubuque County Firefighters Association of Fire
Simulators for the Joint CITY/COUNTY Regional
Emergency Training Center Project; and
WHEREAS, Dubuque County Firefighters
ASSOCiation has notified City that it has
purchased the equipment; and
WHEREAS, Dubuque County Firefighters
Association has now requested reimbursement
from City in the amount of $365,000.00 for the
equipment.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
306
Regular Session, July 17, 2006
1. The City Finance Director is authorized and
directed to reimburse Dubuque County
Firefighters Association in the amount of
$365,000.00 for the purchase of equipment as
described herein for the Joint City/County
Regional Emergency responder Training Center
Project.
Passed, approved and adopted this 17th day
of July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Mediacom: Communication from LeeAnn
Herrera, Mediacom, advising of various monthly
rate adjustments, presented and read. Cline
moved that the communication be received and
filed. Seconded by Connors. Motion carried 7-0.
Heritage Trail Extension: Heron Pond Trail
Project: City Manager recommending
acceptance of the Heritage Trail Extension:
Heron Pond Trail Project as completed by
Tschiggfrie Excavating Co., in the final contract
amount of $292,269.14, presented and read.
Cline moved that the communication be
received and fiied. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 311-06
ACCEPTING THE HERITAGE TRAIL
EXTENSION PROJECT - PHASE II FROM
THE HERON POND WETLANDS TO THE
DUBUQUE JAYCEES TRAIL
Whereas, the contract for the Heritage Trail
Extension Project - Phase II from the Heron
Pond Wetlands to the Dubuque Jaycees Trail
(the Project) has been completed and the City
Manager has examined the work and filed a
certificate statin9 that the Project has been
completed according to the terms of the
contract, plans and specifications and that the
City Manager recommends that the Project be
accepted.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Manager is approved and the Project is hereby
accepted.
Section 2. The City Treasurer is hereby
directed to pay to the contractor from the
DMATS STP TEA-21 Grant (STP-ES-2100
(631)--81-31) in the amount of $221,855.26 and
an appropriation from General Fund obligations
for the Heritage Trail Project (30% local match)
in the amount of $95,567.86 for the contract
amount in the amount of $317,423.14 less any
retained percentage provided for therein as
provided in Iowa Code chapter 573, and to pay
such retainage only in accordance with the
provisions of Iowa Code chapter 573.
Passed, approved and adopted this 17'h day of
July, 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. 312-06
FINAL ESTIMATE
Whereas, the construction contract for the
Heritage Trail Extension Project - Phase II from
the Heron Pond Wetlands to the Dubuque
Jaycees Trail has been completed and the City
Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $317,423.14 and the
said amount shall be paid from the allocation of
the DMATS STP TEA-21 Grant (STP-ES-2100
(631)--81-31) in the amount of $221,855.26 and
an appropriation from General Fund obligations
for the Heritage Trail Project (30% local match)
in the amount of $95,567.68 of the City of
Dubuque, Iowa.
Passed, approved and adopted this 17th day
of July, 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.
University Avenue RCB Storm Sewer
Extension Project: City Manager recommending
acceptance of the construction contract for the
reinforced concrete box culvert extension of the
University Avenue Reconstruction Project in the
final contract amount of $1,246,555.21,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 313-06
ACCEPTING THE REINFORCED CONCRETE
BOX (RCB) CULVERT EXTENSION OF THE
UNIVERSITY AVENUE RECONSTRUCTION
PROJECT
Whereas, the contract for the reinforced
concrete box (RCB) culveri extension of the
University Avenue Reconstruction Project (the
Project) has been completed and the City
Manager has examined the work and filed a
certificate stating that the Project has been
completed according to the terms of the
contract, plans and specifications and that the
Regular Session, July 17, 2006
City Manager recommends that the Project be
accepted.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Manager is approved and the Project is hereby
accepted.
Section 2. The City Treasurer is hereby
directed to pay to the contractor from the
Surface Transportation Funds (STP) and the
Street Construction Fund appropriation for the
contract amount of $1,248,555.21 less any
retained percentage provided for therein as
provided in Iowa Code chapter 573, and to pay
such retainage only in accordance with the
provisions of iowa Code chapter 573.
Passed, approved and adopted this 17'h day of
July, 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. 314-06
FINAL ESTIMATE
Whereas, the construction contract for the
reinforced concrete box (RCB) culvert extension
of the University Avenue Reconstruction Project,
has been completed and the City Engineer has
submitted his final estimate showing the cost
thereof inciuding the cost of estimates, notices
and inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $1,758,620.54 and
the said amount shall be paid from the Surface
Transportation Funds (STP) and the Street
Construction Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 17'h day of
July, 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,
2006 Curb Ramp Installation - CDBG Phase II
Project: City Manager recommending
acceptance of the 2006 Curb Ramp Installation
- CDBG Phase II Project as completed by Kluck
Construction, in the final contract amount of
$21,464.66, presented and read. Cline moved
that the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO, 315-06
ACCEPTING THE 2006 CURB RAMP
INSTAllATION - CDBG PROJECT, PHASE II
Whereas, the contract for the 2006 Curb Ramp
Installation - CDBG Project, Phase II (the
307
Project) has been completed and the City
Manager has examined the work and fiied a
certificate stating that the Project has been
completed according to the terms of the
contract, plans and specifications and that the
City Manager recommends that the Project be
accepted.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Manager is approved and the Project is hereby
accepted.
Section 2. The City Treasurer is hereby
directed to pay to the contractor from the Fiscal
Year 2006 Community Development Block
Grant Funds for the contract amount of
$21,464.66 less any retained percentage
provided for therein as provided in Iowa Code
chapter 573, and to pay such retainage only in
accordance with the provisions of Iowa Code
chapter 573.
Passed, approved and adopted this 17th day of
July, 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, 316-06
FINAL ESTIMATE
Whereas, the construction contract for the
2006 Curb Ramp Installation - CDBG Project,
Phase II has been completed and the City
Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $24,684.36 and the
said amount shall be paid from the Fiscal Year
2006 Community Development Block Grant
Funds of the City of Dubuque, Iowa.
Passed, approved and adopted this 17'h day of
July, 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.
Purchase of Property - 1711 Elm Street: City
Manager recommending approval of the
purchase of property located at 1711 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 Connors.
Motion carried 7-0.
308
Regular Session, July 17, 2006
RESOLUTION NO. 317-06
A RESOLUTION APPROVING THE
ACQUISITION OF REAL ESTATE LOCATED
AT 1711 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 properly
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 North 11, of Lot 157 of East Dubuque
Addition in the City of Dubuque, Iowa according
to the recorded Plat thereof in Dubuque County,
Iowa
At the cost of Eighty-five thousand dollars ($85
000).
Section 2. That the Crty of Dubuque be and is
hereby authorized to accept a Quit Claim deed
from the owner, conveying the owner's interest
to the City of Dubuque, Iowa for the herein
described real estate.
Section 3. That the City Clerk be and 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
17th day of July, 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.
Iowa Finance Authority Housing Trust Fund
Application: City Manager providing information
regarding an application to be submitted by
Dubuque's Housing Trust Fund to the Iowa
Finance Authority for a Local Housing Trust
Fund grant of $160,000 in support of the Step by
Step project, presented and read. Cline moved
that the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
Housing Enterprise Zone Application for Step
by Step, Inc.: City Manager recommending
approval of a Housing Enterprise Zone Program
Application to the Iowa Department of Economic
Development for the Step by Step, Inc. project,
presented and read. Cline moved that the
communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 318-06
RESOLUTION APPROVING A HOUSING
ENTERPRISE ZONE PROGRAM APPLICA-
TION TO THE IOWA DEPARTMENT OF
ECONOMIC DEVELOPMENT FOR THE STEP
BY STEP INC. PROJECT
Whereas, the City of Dubuque has established
two Enterprise Zones and an Enterprise Zone
Commission; and
Whereas, the Enterprise Zone Comm~ssion on
May 24, 2006 approved the application of Step
by Step, Inc. for Housing Enterprise Zone
benefits for the 759 Bluff Street project; and
Whereas, Community Housing Initiatives'
application for the Step by Step, Inc. project was
submitted to the Iowa Department of Economic
Development on July 6, 2006; and
Whereas, the Iowa Department of Economic
Development will prepare an agreement relating
to Housing Enterprise Zone benefits for Step by
Step, Inc. (759 Bluff Street); and
Whereas, the City Council finds that the
proposed application is acceptable and
necessary to the growth and development of the
city.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That a Housing Enterprise Zone
Program Agreement with the Iowa Department
of Economic Development is hereby approved.
Section 2. That the Mayor is hereby
authorized and directed to execute an
Agreement on behalf of the City of Dubuque and
forward the executed copy to the Iowa
Department of Economic Development for their
approval.
Passed, approved and adopted this 17th day
of July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Theisen's Supply, Inc.: Communication from
Jim Theisen, Theisen Supply, Inc., thanking the
City Council for support of their new
officelwarehouse project, presented and read.
Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
Eminent Domain: Communication to area
legislators encouraging them to oppose efforts
to override Governor Vilsack's veto of House
File 2351, the eminent domain bill, presented
and read. Cline moved that the communication
be received and filed. Seconded by Connors.
Motion carried 7-0.
Regular Session, July 17, 2006
309
409 Burch Street (fabled from June 19, 2006
Meeting): City Manager recommending that this
item be retabled to September 18, 2006,
presented and read. Cline moved that the
communication be received and filed and
approved recommendation re-tabling this until
the 9/18/06 Council Meeting. Seconded by
Connors. Motion carried 7-0.
Agreement with Plastic Center, inc. and Utility
Relocation Agreement with Alliant Energy: City
Manager recommending approval to negotiate
and execute an agreement with Plastic Center,
Inc. and a Utility Relocation Agreement with
Aliiant Energy to facilitate pubiic improvements
for the Asbury Road eastbound thnu-Iane
widening project, presented and read. Cline
moved that the communication be received and
filed and approved recommendation. Seconded
by Connors. Motion carried 7-0.
Consultant Selection for tile utility Expense
and Cost Analysis: City Manager recommending
approval of the selection of Springsted, Inc. as
the consultant for the Utility Expense and Cost
Analysis, presented and read. Cline moved that
the communication be received and filed and
approved recommendation. Seconded by
Connors. Motion carried 7-0.
Dubuque Area labor Management Council
Banner: City Manager recommending approval
of a banner the Dubuque Area labor-
Management Council would like to display on
the Town Clock, presented and read. Cline
moved that the communication be received and
filed and approved recommendation. Seconded
by Connors. Motion carried 7-0.
Dubuque County Board of Supervisors:
Communication from the Dubuque County
Board of Supervisors submitting concerns from
Dubuque Township Trustees due to
development of Asbury Plaza in the City of
Dubuque, presented and read. Connors moved
that the communication be received and filed.
Seconded by Ciine. Motion carried 7-0.
Dubuque Shot Tower Archeological
Investigation: City Manager recommending
approval of a contract in the amount of
$14,315.47 with Great lakes Archeoiogical
Research Center to perform the Shot Tower
Archeological Survey, presented and read.
Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
Improvement Contracts I Performance.
Payment and Maintenance Bonds: 2006
Pavement Marking Project, presented and read.
Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
Liquor License Transfers: Request of
Dubuque County Historical Society to transfer
their liquor license to the lot north of the Third
Street Overpass, area west of Adams Company
and area east of Adams Company for the Taste
of Dubuque; Request of One Flight Up to
permanently transfer their iiquor license from 44
- 48 Main Street to 30 Main Street; Request of
the Rotary Club of Dubuque to transfer their
iiquor license to the Port of Dubuque on Bell
Street for the Rock and Soul Reunion #1 at the
Alliant Amphitheater; presented and read. Cline
moved that the communications be received and
filed and approved transfers. Seconded by
Connors. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 31~
Whereas, applications for Beer Permits have
been submitted to this Council for approval and
the same have been examined and approved:
and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCil OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named appiicants a Beer
Permil.
CLASS "B" BEER (5 - DAY SPECIAL EVENT)
Dubuque Jaycees Dubuque Jaycees( July)
Main St-Town Clock Plaza
Dubuque Jaycees Dubuque Jaycees(August)
Main St-Town Clock Plaza
Dubuque Jaycees Dubuque Jaycees -
(September) Main St-Town Clock Plaza
Passed, approved and adopted this 17th day
of July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Ciine moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 320-06
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
appiicants were inspected and found to comply
with the State laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
310
Regular Session, July 17, 2006
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
House of China House of China+
(Sunday Sale) 170 JFK Rd
Craig J. Weiner Walnut Tap+
(Sunday Saie) 709 University Av
Shannon's Bar & Grill LLC Shannon's Bar &
Grill+(Sunday Sale) 521 E. 22nd St
Tri State Golf Center Tri State Golf Center+
(Sunday/Outdoor Sale) 1095 Cedar Cross Rd
CLASS "B" WINE
Mildred Dolter Basket Expressions
474 Bluff St
Passed, approved and adopted this 17th day
of July, 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
Residential Parking Permit District - Vizaleea /
Keymont Street: City Manager recommending
that a public hearing be set for August 7, 2006 to
consider a request to form a Residential Parking
Permit District in the Vizaleea / Keymont Street
area, presented and read. Lynch moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
RESOLUTION NO. 321.06
RESOLUTION SETTING A PUBLIC HEARING
ON ESTABLISHING A RESIDENTIAL
PARKING PERMIT DISTRICT ON VIZALEEA
DRIVE FROM PENNSYLVANIA AVENUE TO
KEYSTONE DRIVE AND ON KEYMONT
DRIVE FROM KEYWAY DRIVE TO ITS
WESTERLY TERMINUS
Whereas, the City of Dubuque, pursuant to
Section 32-383 of the Code of Ordinances, has
received a petition containing sufficient
signatures requesting that an area described as
follows be designated as a Residential Parking
Permit District:
Vizaleea Drive, from Pennsylvania Avenue to
Keystone Drive
Keymont Drive, from Keyway Drive to its
Westerly Terminus
Whereas, pursuant to said Section 32-383, the
City Manager has caused a parking study of the
area identified above to be undertaken and
which study shows at least 80 percent (80%) of
the curbside parking spaces in the proposed
parking permit district were utilized during peak
periods, and at least 25 percent (25%) of the
curbside parking spaces in the proposed parking
permit were utilized by non-resident parking; and
Whereas, the City Manager, based upon the
results of the study, and in accordance with
Section 32-383, recommends that the area be
designated as a Residential Parking Permit
District and that the City Council set a public
hearing on the petition to establish such area as
a Residential Parking Permit District and the
hours such parking restrictions are to be in
effect.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council finds and
determines that a valid petition has been
received for the designation of Vizaleea Drive
from Pennsylvania Avenue to Keystone Drive
and on Keymont Drive from Keyway Drive to its
westerly terminus, as a Residential Parking
Permit District.
Section 2. That the Residential Parking Perm~
District hours be effective between the hours of
7 a.m. and 3 p.m. daily, except Saturdays,
Sundays, and holidays.
Section 3. That the City Clerk be authorized
and directed to publish a notice of public hearing
on the designation of the above described area
as a Residential Parking Permit District, to be
heid on August 7, 2006.
Passed, approved and adopted this 17'" day of
July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Cierk
Lynch moved adoption of the Resolution and
set publiC hearing for 8R/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 Cline. Motion carried 7-0.
Greater Downtown Urban Renewal
Amendment: City Manager recommending that a
public hearing be set for August 21, 2006 to
consider an Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban
Renewal District to extend the boundaries of the
District, presented and read. Lynch moved that
the communication be received and filed.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 322.06
A RESOLUTION OF NECESSITY FINDING
THAT THE PROPOSED EXPANSION AREAS
OF THE GREATER DOWNTOWN URBAN
RENEWAL DISTRICT ARE AREAS MEETING
THE DEFINITIONS OF AN ECONOMIC
DEVELOPMENT AREA AND THAT
DEVELOPMENT OF SAID AREAS IS
NECESSARY IN THE INTEREST OF THE
RESIDENTS OF THE CITY OF DUBUQUE,
IOWA.
Regular Session, July 17, 2006
Whereas, the City Council of the City of
Dubuque has detennined that the further
expansion of the Greater Downtown Urban
Renewal District wili provide redevelopment
opportunities which wili further the purposes and
objectives of the Downtown Dubuque Urban
Renewal Plan; and
Whereas, the City Council has found that the
proposed expansion areas meet the definition of
an economic development area as found in
Chapter 403 "Urban Renewal" of the Iowa Code;
and
Whereas, Chapter 403 of the Iowa Code
requires that before urban renewal authority may
be exercised, a City Council must adopt a
resolution of necessity finding that the area in
question is a slum, blighted or economic
development area, and that so designating such
area is necessary in the interest of the public
health, safety or welfare of the residents of the
municipality.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the foliowing described areas,
which are proposed to be added to the Greater
Downtown Urban Renewal District, are
economic development areas as defined by
Chapter 403 of the Iowa Code and are
appropriate for an urban renewal project, to wit:
1) Lot 1 in Adams Company's 2nd Addition, in
the City of Dubuque, Iowa, according to the
recorded Plat thereof, containing 5 acres more
or less, located within Sections 25 and 30,
Township 89 North, Range 2 East, Dubuque
County, Iowa and including any adjoining public
right-of-way (hereinafter, the "Former Adams
Property"), and
2) A rectangular shaped area commencing as
a point of reference at the intersection of the
centeriine of 6th Street with the existing eastem
boundary of the current Greater Downtown
Urban Renewal District, said point being the
point of beginning: thence southwesterly along
the centeriine of 6th Street to the centerline of
Bluff Street; thence southeasterly along the
centerline of Bluff Street to an extension of the
southeast parcel line of parcel N54.6' of City Lot
138 in the City of Dubuque, Iowa; thence
northeasterly along the extended and actual
southeast parcel line of parcel N54.6' of City Lot
138 and continuing along the southeasterly iine
of parcel N54.6' of City Lot 103 in the City of
Dubuque, Iowa and extending to the eastem
boundary of the existing Greater Downtown
Urban Renewal District; thence northwesterly
along the eastern boundary of the existing
Greater Downtown Urban Renewal District to
the point of beginning, ali located within Section
25, Township 89 North, Range 2 East, Dubuque
County, Iowa (hereinafter, the "Former U.S.
Federal Building").
311
3) A rectangular shaped area commencing as
a point of reference at the intersection of the
centeriine of 9th Street with Locust Street, said
point being the point of beginning: thence
southwesterly along the centerline of 9th Street
to the centerline of Bluff Street; thence
southeasterly along the cente~ine of Bluff Street
to the centerline of 8th Street; thence
northeasteriy along the centerline of 8th Street
to the eastem boundary of the existing Greater
Downtown Urban Renewal District; thence
northwesterly along the eastern boundary of the
existing Greater Downtown Urban Renewal
District to the point of beginning, ali located
within Sections 24 and 25, Township 89 North,
Range 2 East, 5th P.M., Dubuque County, Iowa
(hereinafter, the "Locust Street Parking Ramp").
4) A rectangular shaped area commencing as
a point of reference at the intersection of the
centerline of 11 th Street with Locust Street, said
point being the point of beginning: thence
southweste~y along the centerline of 11 th Street
to the cente~ine of Bluff Street; thence
southeasterly along the centeriine of Bluff Street
to an extension of the southeast parcel line of
City Lot 658A and City Lot 658 in the City of
Dubuque, Iowa; thence northeasterly along the
extended and actual southeast parcel line of City
Lot 658A and City Lot 658 in the City of
Dubuque, Iowa to the eastern boundary of the
existing Greater Downtown Urban Renewal
District; thence northwesterly along the eastern
boundary of the existing Greater Downtown
Urban Renewal District to the point of beginning,
ali located within Section 24, Township 89 North,
Range 2 East, 5th P.M., Dubuque County, Iowa
(hereinafter, the "Carnegie-Stout Public
Library") .
Section 2. That the development of the
expansion areas is necessary and appropriate to
facilitate the proper growth and development of
the community in accordance with sound
planning and local community objectives.
Section 3. That the City Manager is
authorized and directed to prepare an Amended
and Restated Urban Renewal Plan for the
Greater Downtown Urban Renewal District, to
forward said Plan to the City's Long Range
Planning Commission for review and comment
and to begin the consultation process required
by law with affected taxing entities.
Section 4. That the City Clerk is directed to
publish notice of a pubiic hearing on the
adoption of an Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban
Renewal District to be held on August 21, 2006
at 6:30 p.m. in the Carnegie-Stout Public Library
Auditorium, 11th and Bluff Streets, Dubuque,
Iowa 52001 and that said notice shali generaliy
identify the areas covered by the Amended and
Restated Plan and the general scope of the
312
Regular Session, July 17, 2006
Amended and Restated Plan and the activities
planned for such areas.
Section 5. That the City Clerk is further
directed to send by ordinary mail a copy of said
notice of public hearing to the Dubuque
Community School District, the County Board of
Supervisors and the Northeast Iowa Community
College, as the affected taxing entities.
PASSED, APPROVED and ADOPTED this
17th day of July 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Lynch moved adoption of the Resolution and
set for public hearing on 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 Cline. Motion carried 7-0.
Flora Pool Painting Project: City Manager
recommending initiation of the public bidding
process for the Flora Pool Painting Project and
that a public hearing be set for August 21, 2006,
presented and read. Lynch moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
RESOLUTION NO. 324-06
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 Flora Pool
Painting Project, in the estimated amount of
$35,000, are hereby approved and ordered filed
in the office of the City Clerk, for public
inspection.
Passed, approved and adopted this 5th day of
July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Lynch moved adoption of the Resoiution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 325-06
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 Flora Pool Painting Project.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that on the 21st day of
August, 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
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 5th day of
July, 2006.
Roy D. Buol, Mayor
Attest Jeanne F. Schneider, City Clerk
Lynch moved adoption of the Resolution and
set for public hearing at a meeting to commence
at 6:30 P.M. in the publiC library auditorium and
direct the City Clerk to publish notice in the
manner prescribed by law. Seconded by Cline.
Motion carried 7-0.
RESOLUTION NO. 326-06
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Flora Pool Painting 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 10th day of August, 2006. Bids shall be
opened and read by the City Clerk at said time
and place and will be submitted to the Council
for final action at 6:30 p.m. on the 21 st day of
August, 2006.
Passed, approved and adopted this 17th day
of July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Lynch moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Floodwall Pumping Facility Improvement
Projects: City Manager recommending initiation
of the public bidding process for the Floodwall
Pumping Facility Improvement Projects and that
a public hearing be set for August 21, 2006,
presented and read. Lynch moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
Regular Session, July 17, 2006
RESOLUTION NO. 327-06
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 Hawthorne
Street Generator Project, Maus Lake Generator
Project, and the Bee Branch Floodwall Pumping
Station Improvement Projects in the estimated
amount of $685,619.00, are hereby approved
and ordered filed in the office of the City Clerk
for public inspection.
Passed, adopted and approved this 17th day of
July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Lynch moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 3~
FIXING DATE OF THE 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 Hawthorne Street Generator Project,
Maus Lake Generator Project, and Bee Branch
Pumping Station Improvement Projects.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 21 ,\ of August, 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 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 17th day of
July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Lynch moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 329-06
ORDERING BIDS
313
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Hawthorne Street Generator Project,
Maus Lake Generator Project and the Bee
Branch Pumping Station Improvement Projects
are 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 twenty days
prior to the receipt of said bids at 2:00 p.m. on
the 9th 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 21" day of August,
2006.
Passed, adopted and approved this 17th day of
July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Lynch moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the following Boards
Commissions:
Request of William Intriligator to speak to his
re-appointment to the Arts and Cultural Affairs
Advisory Commission, presented and read.
Mr. Intnligator spoke requesting consideration
for reappointment.
Arts and Cultural Affairs Advisory Commission
(Three 3-year terms through 6/30/09 -
Business/Professional [W. Intnligator],
Business/Professional and LiveslWorks in
Cultural District [Amy Weber], and At Large
[Rebecca Fabricius]
Applicants:
Business/Professional: Ellen Hartman
Henkels, William Intnligator, Karen Ridings;
Vote on the appointment was as follows: Braig
voted for Henkels, Buol voted for Henkels, Cline
voted for Henkels, Connors voted for Henkels,
Jones voted for Intriligator, Lynch voted for
Intriligator. Michalski voted for Henkels.
Therefore, Ellen Hartman Henkels was
appointed to a three year term which will expire
6/30/09.
Business/Professional and LiveslWorks in
Cultural District: Amy Weber Michalski moved
314
Regular Session, July 17, 2006
that Amy Weber be reappointed to a three year
term which will expire 6/30/09. Seconded by
Braig. Motion carried 7-0.
At Large: Rebecca Fabricius, Ellen Hartman
Henkels, Geri Shafer, John Tilton Vote on the
appointment was as follows: Braig voted for
Fabricius, Buol voted for Shafer, Cline voted for
Shafer, Connors voted for Fabricius, Jones
voted for Shafer, Lynch voted for Shafer,
Michalski voted for Shafer. Therefore, Geri
Shafer was appointed to a three year term which
will expire 6/30/09.
Civic Center Commission (Two 3-years terms
through 6/29/09 - terms of Fuller and Parks)
Applicants: Cynthia Fuller, Bryce Parks;
Connors moved that Cynthia Fuller and Bryce
Parks be reappointed to the Civic Center
Commission. Seconded by Lynch. Motion
carried 7-0.
Transit Board of Trustees (One 3-year term
through 7130109 - term of Bemis): Applicants:
Harry Bemis, Peter Kies Vote on the
appointment was as follows: Braig voted for
Kies, Buol voted for Kies, Cline voted for Kies,
Connors voted for Kies, Jones voted for Kies,
Lynch voted for Kies, Michalski voted for Kies.
Therefore, Peter Kies was appointed to a three
year term which will expire 7/30/09.
PUBLIC HEARINGS
Michalski moved to suspend the rules to allow
anyone present to address the Council.
Seconded by Cline. Motion carried 7-0.
Dubuque Star Brewery Project - Development
Agreement: Proof of publication on notice of
hearing to consider approval of a Development
Agreement and lease of the former Dubuque
Star Brewery building and site to Port of
Dubuque Brewery Development, LLC., and City
Manager recommending approval, presented
and read. Connors moved that the proof and
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
RESOLUTION NO. 330-06
DETERMINING THAT THE PROPOSAL OF
PORT OF DUBUQUE BREWERY
DEVELOPMENT, LLC TO DEVELOP AND
LEASE PROPERTY IN THE GREATER
DOWNTOWN URBAN RENEWAL DISTRICT
IN THE PORT OF DUBUQUE IN THE CITY OF
DUBUQUE, IOWA IS IN COMPLIANCE WITH
THE TERMS OF THE CITY'S OFFERING FOR
DISPOSITION OF SUCH PROPERTY
Whereas, this Council, by Resolution No. 215-
06, dated June 5, 2006, nominated the City
Clerk as agent of the City of Dubuque, Iowa, to
receive and open on July 10, 2006, at 10:00
a.m., proposals for the disposition of property in
the Greater Downtown Urban Renewal District in
the Port of Dubuque in accordance with the
terms and conditions set forth in the resolution;
and
Whereas, the City Council has received a
proposal, referred to in said resolution, from Port
of Dubuque Brewery Deveiopment, LLC, which
proposal meets the terms and conditions of
Resolution No. 215-06; and
Whereas, the City Clerk has reported to this
Council that no qualified, competing proposals
were submitted.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. That the report of the City Clerk
that no qualified competing proposals were
submitted by 10:00 a.m. on July 10, 2006, for
the disposnion of property in the Greater
Downtown Urban Renewal District in the Port of
Dubuque be received, filed and adopted.
Sec:lion 2. That it is hereby determined that
the proposal of Port of Dubuque Brewery
Development, LLC for the development and
lease of said property is the oniy proposal which
satisfies the terms and conditions set forth in
Resolution No. 215-06 adopted by this Council
on June 5, 2006.
Passed, approved and adopted this 17th day
of July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 331-06
ACCEPTING THE PROPOSAL FROM PORT
OF DUBUQUE BREWERY DEVELOPMENT,
LLC FOR THE LEASE OF PROPERTY IN THE
GREATER DOWNTOWN URBAN RENEWAL
DISTRICT IN THE PORT OF DUBUQUE IN
THE CITY OF DUBUQUE, IOWA AND
APPROVING THE DEVELOPMENT
AGREEMENT AND LEASE AGREEMENT
WITH PORT OF DUBUQUE BREWERY
DEVELOPMENT, LLC FOR THE LEASE OF
THE PROPERTY
Whereas, this Council, by Resolution No. 215-
06, dated June 5, 2006:
1. Adopted the terms and conditions for
offering for disposition certain real property and
Improvements in the Greater Downtown Urban
Renewal District in the City of Dubuque, Iowa,
referred to as the Star Brewery Property;
2. Determined that the proposai submitted by
Port of Dubuque Brewery Development, LLC
satisfied the requirements of said offering;
3. Declared its intent to accept the Port of
Dubuque Brewery Development LLC proposal in
the event no other qualified proposals were
timely submitted for the property; and
4. Invited competing proposals which met the
terms and conditions of the offering, to be
Regular Session, July 17, 2006
315
submitted to the City Clerk on or before 10:00
a.m., July 10, 2006;
and;
Whereas, on June 7, 2006, the Resolution was
published as the official notice of the offering
and of the intent of the City of Dubuque, Iowa, in
the event no other qualified proposals were
timely submitted, to approve the Development
Agreement and Lease Agreement proposed by
Port of Dubuque Brewery Development, LLC;
and
Whereas, by separate Resolution of this date,
this Council has received and approved as its
own the report of the City Clerk that no other
qualified proposal was received; an
Whereas, it is the determination of this Council
that approval of the Development Agreement
and Lease Agreement with Port of Dubuque
Brewery Development, LLC, attached hereto, is
in the pUblic interest of the citizens of the City of
Dubuque, and is consistent with the City's Urban
Renewal Plan for the Greater Downtown Urban
Renewal District.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development
Agreement and Lease Agreement by and
between the City of Dubuque and Port of
Dubuque Brewery Development, LLC are in the
public interest of the citizens of the City of
Dubuque and in furtherance of the City's Urban
Renewal Plan, and are hereby approved.
Section 2. That the Mayor is hereby
authorized and directed to execute said
Development Agreement and Lease Agreement
on behalf of the City of Dubuque and the City
Clerk is authorized and directed to attest to his
signature.
Section 3. That the City Manager is authorized
to take such actions as are necessary to
implement the terms of the Development
Agreement and Lease Agreement as herein
approved.
Passed, approved and adopted this 17th day
of July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Cierk
Connors moved adoption of the Resoiution.
Seconded by Cline. Motion carried 7-0.
Giese Manufacturing Company, Inc.
Development Agreement: Proof of publication
on notice of hearing to consider disposing of
property in the Dubuque Industrial Center West
to Giese Properties, LLC for the purpose of
constructing an 18,000 square foot
manufacturing facility and execution of a
Development Agreement and City Manager
recommending approval, presented and read.
Cline moved that the proof and communication
be received and filed. Seconded by Connors.
Motion carried 7-0.
Dan McDonald, Greater Dubuque Develop.
ment Corporation, spoke in support of the
project. Tom Giese spoke expressing thanks for
past and future support.
RESOLUTION NO. 332-06
RESOLUTION APPROVING A DEVEL-
OPMENT AGREEMENT PROVIDING FOR THE
SALE OF LOT 1 OF 1 DUBUQUE
INDUSTRIAL CENTER WEST 5TH ADDITION
TO GIESE PROPERTIES LLC.
Whereas, the City Council, by Resolution No.
289.06, dated July 5, 2006, declared its intent to
enter into a Development Agreement with
Dubuque Screw Products, Inc. for the sale of
Lot 1 of 1 Dubuque Industrial Center West 5th
Addition (the Property); and
Whereas, pursuant to published notice, a
public hearing was held on the proposed
disposition on July 17, 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 Giese Properties, LLC and
Giese Manufacturing, Inc. 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 Giese Properties, LLC and Giese
Manufacturing, Inc. 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.
Passed, approved and adopted this 17th day
of July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Northwest Arterial Bike/Pedestrian Trail
Project: Proof of publication on notice of hearing
316
Regular Session, July 17, 2006
to consider adoption of the plans and
specifications for the Northwest Arterial Bike /
Pedestrian Trail Project and City Manager
recommending award of the contract to Drew
Cook and Sons Excavating, Inc., in the amount
of $216,832, presented and read. Connors
moved that the proof and communication be
received and filed. Seconded by Cline. Motion
carried 7-0.
RESOLUTION NO. 333-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 14th day of June. 2006,
plans. specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Northwest Arterial Hike-
Bike Trail Project - Phase 1.
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 17th day
of July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Ciine. Motion carried 7-0.
RESOLUTION NO. 334-06
AWARDING CONSTRUCTION CONTRACT
FOR THE NORTHWEST ARTERIAL HIKE-
BIKE TRAIL PROJECT - PHASE 1
Whereas, sealed proposals have been
submitted by contractors for the Northwest
Arterial Hike-Bike Trail Project - Phase 1
pursuant to Resolution No. 251-06 and notice to
bidders published in a newspaper pubiished in
the City of Dubuque, Iowa on the 23rd day of
June, 2006.
Whereas, said sealed proposals were opened
and read on the 6th day of July, 2006, and it has
been determined that the bid of Drew Cook and
Sons Excavating, Inc. of Dubuque, Iowa, in the
amount of $216,832.00 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 Drew Cook and Sons Excavating,
Inc. and the Manager be and is hereby directed
to execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 17th day
of July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 335-06
APPROVING CONSTRUCTION CONTRACT
WITH DREW COOK and SONS EXCAVATING,
INC. FOR THE NORTHWEST ARTERIAL
HIKE-BIKE TRAIL PROJECT - PHASE 1
Whereas, the City Council by Resolution No.
334-06 awarded the construction contract for the
Northwest Arterial Hike-Bike Trail Project -
Phase 1 to Drew Cook and Sons Excavating,
Inc.; and
Whereas, Drew Cook and Sons Excavating,
Inc. has submitted the attached executed
contract and bond.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The contract and bond attached hereto are
hereby approved.
2. The City Manager is hereby authorized and
directed to execute the contract on behalf of the
City of Dubuque.
Passed, approved and adopted this 17th day
of July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Paint Ham House Trim Project: Proof of
publication on notice of hearing to consider
adoption of the plans and specifications for the
Paint Ham House Trim Project and City
Manager recommending award of the contract to
John C. Kaiser Company in the amount of
$35,850, presented and read. Michalski moved
that the proof and communication be received
and filed. Seconded by Ciine. Motion carried 7-
O.
RESOLUTION NO. 336-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
WHEREAS, on the 19th day of June, 2006,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Paint Ham House Trim
Project.
Regular Session, July 17, 2006
317
WHEREAS, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by iaw.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, approved and adopted this 17th day
of July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Ciine. Motion carried 7-0.
RESOLUTION NO. 337-06
AWARDING CONTRACT
WHEREAS, sealed proposals have been
submitted by "'" ,I, ....ton; for the Paint Ham
House Trim Project pursuant to Resolution
No.254-06, and notice to bidders published in a
newspaper published in the City of Dubuque,
iowa, on the 23rd day of June, 2006.
WHEREAS, said sealed proposals were
opened and read on the 6th day of July, 2006,
and it has been determined that the bid of John
C. Kaiser Company in the amount of $35,830
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 John C. Kaiser Company, and
the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 17th day
of July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 338-06
APPROVING CONSTRUCTION CONTRACT
WITH JOHN C. KAISER COMPANY FOR THE
PAINT HAM HOUSE TRIM PROJECT
Whereas, the City Council by Resolution No.
337-06 awarded the construction contract for the
Paint Ham House Trim Project to John C. Kaiser
Company; and
Whereas John C. Kaiser Company has
submitted the attached executed contract and
bond.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The contract and bond attached hereto are
hereby approved.
2. The City Manager is hereby authorized and
directed to execute the contract on behalf of the
City of Dubuque.
Passed, approved and adopted this 17th day
of July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Michalski moved to reinstate the rules limiting
discussion to the Council. Seconded by Braig.
Motion carried 7-0,
ACTION ITEMS
Convention and Visitors Bureau: Sue
Czeshinski, Dubuque Area Chamber of
Commerce Convention and Visitors Bureau, to
present quarterly report. Ms. Czeshinski gave a
detailed, positive report of their activities. Cline
moved that the report be received and filed.
Seconded by Connors. Motion carried 7-0.
John and Sally Jo Herrig - Request to Rezone
(First Reading on July 5, 2006): Communication
from William L. Breitbach, owner of property
adjacent to the John and Sally Jo Herrig
property, in support of the proposed rezoning
and annexation; Communication from Elaine
and Raymond Backes requesting that the
commercial zoning be kept next to the Corey
property; Communication from Eileen and
Douglas Coates, 13102 Derby Grange Road, in
opposition to the proposed rezoning;
Communication from Mary Jean and Steve
Reding, 13918 Surrey Lane, in opposition to the
proposed rezoning; Communication from
Richard and Esther Famum, 13717 Derby
Grange Road, in opposition to the proposed
rezoning, presented and read, Jones moved that
the communications be received and filed.
Seconded by Cline. Motion carried 6-1 with
Braig voting Nay.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located south of Derby
Grange Road from County A 1 Agricultural to
City AG Agricultural District, R-2 Two-Family
Residential District and C-3 General Commercial
318
Regular Session, July 17,2006
District, with conditions concurrent with
annexation to the City of Dubuque, with
conditions, said Ordinance having been
presented and read at the Council Meeting of
July 5, 2006, now presented for further action.
OFFICIAL PUBLICATION
ORDINANCE NO. 55-06
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED SOUTH OF
DERBY GRANGE ROAD FROM DUBUQUE
COUNTY A-1 AGRICULTURAL DISTRICT TO
CITY OF DUBUQUE AG AGRICULTURAL
DISTRICT, R-2 TWO-FAMILY RESIDENTIAL
DISTRICT AND C-3 GENERAL COMMERCIAL
DISTRICT, CONCURRENT WITH ANNEX-
ATION, WITH CONDITIONS
Whereas, John W. and Sally Jo Herrig,
property owners, have requested rezoning
concurrent with annexation to the City of
Dubuque in accordance with Section 2-3 of
Appendix A (The Zoning Ordinance) of the City
of Dubuque Code of Ordinances; and
Whereas, this request has been found to be
consistent with the Comprehensive Plan and the
Future Land Use Map of the Comprehensive
Pian.
NOW, THEREFORE, BE IT ORDAINED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The application of John W. and
Sally Jo Herrig, property owners, for
reclassification of the subject property to R-2
Two-Family Residential and C-3 General
Commercial, has received a recommendation of
approval from the Zoning Advisory Commission,
subject to conditions, and the applicant has
accepted the conditions.
Section 2. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter-described property from
Dubuque County A-1 Agricultural to City of
Dubuque AG Agricultural District, R-2 Two-
Family Residential District and C-3 General
Commercial District, with conditions, as shown
on Exhibit B incorporated herein by reference, to
wit:
Lot 1 of Lot 2 of the SW Y. of the SE Y. of
Section 8, T89N, R2E of the 5th P.M., Lot 1 of
Butler's Hill Second Addition, Lot 3 of Butlers
Hill Second Addition, Lot 2 of the N Y, of the SW
y., Section 8, T89N of the 5th P.M., SW Y. of the
SW y., Section 8, T89N, R2E of the 5th P.M., all
in Dubuque County, Iowa.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 4. This ordinance shall take effect
immediately upon publication, as provided by
law, and at such time that the herein described
property is legally annexed into the City of
Dubuque, Iowa.
Passed, approved and adopted this 17'" day of
July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5
(2005), and as an express condition of rezoning
of the property described as:
As shown in Exhibit B, and to the center line of
the adjoining public right-of-way, all in the City of
Dubuque, Iowa.
which is the subject of Ordinance No. 55-06, a
copy of which is attached hereto and
incorporated herein by reference, the
undersigned property owners, agree to the
following conditions, all of which the property
owner further agrees are reasonable and are
imposed to satisfy public needs which are
caused directly by the rezoning:
A) Performance Standards
1) The following uses are prohibited in the
subject C-3 General Commercial District:
a) Auto repair/body shop
b) Mini-storage
B) Reclassification of the Subject Property.
The City of Dubuque, Iowa may initiate zoning
reclassification proceedings to the R-1 Single-
Family Residential District (which rezoning will
include the removal of the performance
standards in Section A above) if the property
owner fails to complete any of the conditions or
provisions of this Agreement.
C) Modifications. Any modifications of this
Agreement shall be considered a zoning
reclassification and shall be subject to the
provisions of the Zoning Ordinance governing
zoning reclassifications. All such .modifications
must be approved by the City Council of
Dubuque, Iowa.
D) Recording. A copy of this Agreement shall
be recorded with the Dubuque County Recorder
as a permanent record of the conditions
accepted as part of this rezoning approval within
ten (10) days of the adoption of Ordinance No.
55-06.
E) Construction. This Agreement shall be
construed and interpreted as though it were part
of Appendix A of the Code of Ordinances of the
City of Dubuque, aiso known a5 the Zoning
Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the
undersigned and his/her heirs, successor and
assignees.
ACCEPTANCE OF ORDINANCE NO. 55-06
We, John Herrig and Sally Jo Herrig, property
owners, having read the terms and conditions of
the foregoing Ordinance No. 55-06 and being
Regular Session, July 17, 2006
319
familiar with the conditions thereof, hereby
accept this same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 17'h day of July,
2006.
By: /s/ John Herrig
By: /s/ Sally Jo Herrig
Published officially in the Telegraph Herald
newspaper this 24th day of July, 2006.
Jeanne F. Schneider, City Cierk
117/24
Jones 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 Cline. Motion carried
6-1 with Braig voting Nay. Jones moved final
consideration and passage of the Ordinance.
Seconded by Connors. Motion carried 6-1 with
Braig voting Nay.
Cline moved to remove the following ~em from
the table. Seconded by Michalski. Motion carried
7-0.
Requests for Voluntary Annexation (Tabled on
June 1 g, 2006): City Manager submilllng the
signed Voluntary Annexation Agreements from
John and Sally Jo Herrig and Dean and Patricia
Butler and recommending approval of the
voluntary annexations, presented and read.
Cline moved that the communications be
received and filed. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 339-06
RESOLUTION APPROVING APPLICATION
FOR VOLUNTARY ANNEXATION OF
TERRITORY OWNED JOHN W. AND SALLY
JO HERRIG
Whereas, John W. and Sally Jo Herrig, as
property owners have submitted a written
application for voluntary annexation of
approximately 112.10 acres of territory lying
outside the corporate limits of the City of
Dubuque, Iowa, as shown in Exhibit A and
legally described as:
Lot 1 of Lot 2 of the SW Y. of the SW Y. of
Section 8, T89N, R2E of the 5th P.M. in Dubuque
County, Iowa;
Lot 1 of Butler's Hill Second Addition, T89N,
R2E of the 5th P.M. in Dubuque County, Iowa;
Lot 3 of Butler's Hill Second Addition, T89N,
R2E of the 5th P.M. in Dubuque County, Iowa;
Lot 2 of the N Y, of the SW Y. of Section 8,
T89N, R2E of the 5th P.M. in Dubuque County,
Iowa;
SW y. of the SW Y. of Section 8, T89N, R2E of
the 5th P.M. in Dubuque County, iowa; and
Whereas, the annexation territory is not
subject to an existing annexation moratorium;
and
Whereas, the annexation territory does not
include any state or railroad property; and
Whereas, the annexation territory includes
0.647 acres of adjacent County road right-of-
way to the centerline of Derby Grange Road;
and
Whereas, Chapter 368 of the Code of Iowa
authorizes the extension of City limits in
situations of this character by adoption of a
resolution and notification as required by State
regulations; and
Whereas, this request has been found to be
consistent with the Comprehensive Pian and the
Proposed Land Use Map of the Comprehensive
Plan; and
Whereas, the future growth and development
of the City of Dubuque, Iowa makes it desirable
that said territory be made part of the City of
Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the corporate limits of
Dubuque, Iowa be and they are hereby
extended to include the territory as legally
described above and as shown in Exhibit A.
Section 2. The territory hereby annexed shall
become part of Precinct Six (6) of Ward Two (2)
of the City of Dubuque, Iowa.
Section 3. The City shall provide for the
transition for the imposition of City taxes against
property owner's property, as provided by
Chapter 368 of the Code of Iowa. That property
owner's property shall be entitled to the following
partial exemption from taxation for City taxes for
a period of five years:
a. For the first year, seventy-five percent
(75%).
b. For the second year, sixty percent (60%).
c. For the third year, forty-five percent (45%).
d. For the fourth year, thirty percent (30%).
e. For the fifth year, fifteen percent (15%).
The five-year period shall begin when the
Property is placed on City tax rolls by Dubuque
County. Lots sold after that date shall receive
the partial exemption percentage only for the
remaining years of the five-year period.
Section 4. That the City Clerk shall file this
resolution, all exhibits and the petition for
voluntary annexation with the State of Iowa in
accordance with State Regulations.
Passed, approved and adopted this 17'h day of
July 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 340-06
RESOLUTION APPROVING APPLICATION
FOR VOLUNTARY ANNEXATION OF
320
Regular Session, July 17, 2006
TERRITORY OWNED BY DEAN AND
PATRICIA BUTLER
Whereas, Dean and Patricia Butler, as
property owners have submitted a written
application for voluntary annexation of
approximateiy 8 acres of territory lying outside
the corporate limits of the City of Dubuque,
Iowa, as shown in Exhibit A and legally
described as: Lot 2 Butle~s Hill 2nd Addition,
Section 8, T89N, R2E of 5th P.M., in Dubuque
County, Iowa; and
Whereas, the annexation territory is not
subject to an existing annexation moratorium;
and
Whereas, the annexation territory does not
include any state, county or railroad property;
and
Whereas, Chapter 368 of the Code of Iowa
authorizes the extension of City limits in
situations of this character by adoption of a
resolution and notification as required by State
regulations; and
Whereas, this request has been found to be
consistent with the Comprehensive Plan and the
Proposed Land Use Map of the Comprehensive
Plan; and
Whereas, the future growth and development
of the City of Dubuque, Iowa makes it desirable
that said territory be made part of the City of
Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the corporate limits of
Dubuque, Iowa be and they are hereby
extended to include the territory as legally
described above and as shown in Exhibit A.
Section 2. The territory hereby annexed shall
become part of Precinct Six (6) of Ward Two (2)
of the City of Dubuque, Iowa.
Section 3. The City shall provide for the
transition for the imposition of City taxes against
property owner's property, as provided by
Chapter 368 of the Code of Iowa. That property
owner's property shall be entitied to the following
partial exemption from taxation for City taxes for
a period of five years:
a. For the first year, seventy-five percent
(75%).
b. For the second year, sixty percent (60%).
c. For the third year, forty-five percent (45%).
d. For the fourth year, thirty percent (30%).
e. For the fifth year, fifteen percent (15%).
The five-year period shall begin when the
Property is placed on City tax rolls by Dubuque
County. Lots sold after that date shall receive
the partial exemption percentage only for the
remaining years of the five-year period.
Section 4. That the City Clerk shall file this
resolution, all exhibits and the petition for
voluntary annexation with the State of Iowa in
accordance with State Regulations.
Passed, approved and adopted this 17th day
of July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Michalski moved to remove the following item
from the table. Seconded by Cline. Motion
carried 7-0.
DUbuque Museum of Art (Tabled on July 5,
2006): Communication from the Dubuque
Museum of Art requesting that the remaining
debt they owe the City from a $300,000 loan
they took out in July 1999 from the Downtown
Loan Pool to rehabilitate the Dubuque Museum
of Art building be forgiven or, as an alternative,
that it be amortized over twenty years, and City
Manager recommending that the loan
agreement be amended to amortize their balloon
payment over fifteen years, presented and read.
Cline moved that the communications be
received and filed and approve City Manager's
recommendation that it be amortized over fifteen
years. Seconded by Michalski. Motion carried 7-
O.
Terrace Estates Third Addition - Final Plat:
Zoning Advisory Commission recommending
approval of the final plat of Terrace Estates
Third Addition, presented and read. Cline moved
that the communication be received and filed.
Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 341-06
A RESOLUTION APPROVING THE FINAL
PLAT OF TERRACE ESTATES THIRD
ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a final plat of Terrace Estates Third
Addition, in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears streets
to be known as Cessna Drive (Lot A) and
Enstrom Court (Lot B) together with certain
public utility easements, which the owners by
said final plat have dedicated to the public
forever; and
Whereas, the final plat has been examined by
the Zoning Advisory Commission and had its
approval endorsed thereon; and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon, subject to the owners agreeing to the
conditions noted in Section 2 below; and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it, except
that no streets or public utilities have yet been
constructed or installed.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Regular Session, July 17, 2006
321
Section 1. That the dedication of Cessna Drive
(Lot A) and Enstrom Court (Lot B), together with
the easements for public utilities and storm
sewer as they appear upon said final piat, be
and the same are hereby accepted; and
Section 2. That the final plat of Terrace
Estates Third Addition is hereby approved and
the Mayor and City Clerk are hereby authorized
and directed to endorse the approval of the City
of Dubuque, Iowa, upon said final plat, provided
the owners of said property herein named,
execute their written acceptance hereto attached
agreeing:
(a) To reduce Cessna Drive (Lot A) and
Enstrom Court (Lot B) to grade and to construct
concrete curb and gutter and to hard surface
with asphaltic concrete, or with concrete paving
with integral curb, all in accordance with the City
of Dubuque standard specifications, all in a
manner acceptable to the City Engineer, in
conformance with construction improvement
plans approved by the City Engineer, and
inspected by the City Engineer.
(b) To install water mains and water service
laterals into each individual lot, sanitary sewer
mains and sewer sunace 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 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 Galen
Manternach, as owner of said property, shall
secure the performance of the foregoing
conditions provided in this Section by providing
guarantees in such form and with such sureties
as may be acceptable to the City Manager of the
City of Dubuque, Iowa.
Section 3. Sidewalk installation shall be the
responsibility of the owner abutting the public
rights-of-way, including lots with multiple
frontages, as required by City Code 41-161
through 41-164. The responsibility shall extend
to all successors, heirs and assignees.
Sidewalk installation will not be required until the
development of the lot has been completed,
except as required herein. In sparsely
developed subdivisions, sidewalks on developed
lots will not be required until 50% of the lots
approved by the plat have been developed. All
vacant lots shall have sidewalks installed upon
development of 80% of the lots approved by the
plat.
Section 4. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that all public improvements have been
completed in accordance with the improvement
plans and City standard specifications and
accepted by City Council Resolution.
Section 5. That in the event Galen Manternach
fails to execute the acceptance and furnish the
guarantees provided in Section 2 hereof within
180 days after the date of this Resolution, the
provisions hereof shall be null and void and the
acceptance of the dedication and approval the
plat shall not be effective.
Passed, approved and adopted this 17th day
of July 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
StoplYield Sign on Rosedale Avenue: City
Manager recommending that the reference to
yield signs on Rosedale Avenue at North
Grandview Avenue and at West Locust Street
be deleted from the City Code to allow the
installation of stop signs, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa by
modifying Subsection (b) of Section 32-216
thereof providing for the deletion of yield signs
on Rosedale Avenue at North Grandview
Avenue and West Locust Street, presented and
read.
OFFICIAL PUBLICATION
ORDINANCE NO. 56-06
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY MODIFYING SUBSECTION (b) OF
SECTION 32-216 THEREOF PROVIDING FOR
THE DELETION OF YIELD SIGNS ON
ROSEDALE AVENUE AT NORTH
GRANDVIEW AVENUE AND WEST LOCUST
STREET
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa, be amended by deleting
from Subsection (b) of Section 32-216 thereof as
follows:
Sec. 32-216. Yield Intersections.
(b)
* * * * * *
322
Regular Session, July 17, 2006
Northbound Vehicles
Rosedale and West Locust Street
(4) Westbound Vehicles
Rosedale and North Grandview Avenue,
East Intersection
Passed, approved an adopted this 17'" day of
July, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk,
Published officially in the Telegraph Herald
newspaper this 24th day of July, 2006.
Jeanne F. Schneider, City Clerk
1t 7/24
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 Connors. Motion
carried 7-0. Michaiski moved final consideration
and passage of the Ordinance. Seconded by
Lynch. Motion carried 7-0.
Unified Development Code: City Manager
recommending approval of the selection of JEO
Consulting Group, Inc. as the consultant for
development of the Unified Development Code,
presented and read. Cline moved that the
communication be received and filed and
approved recommendation. Seconded by Jones.
Motion carried 7-0.
Blackhawk Area Railroad Coalition (BARC):
Communication from Janet Fisher, Co-Chair of
the Blackhawk Area Railroad Coalition,
requesting that the City Council adopt a
resolution supporting the BARC's efforts to
reinstate passenger rail service to the area,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Lynch. Motion carried 7-0.
RESOLUTION NO. 342-06
OF SUPPORT
WHEREAS, the City of Dubuque supports the
Blackhawk Area Rail Coalition's (BARC) efforts
toward reinstating roundtrip passenger train
service from Chicago, Illinois through O'Hare
International Airport, Rockford, Freeport,
Galena, Illinois and Dubuque, Iowa, and points
west; and
WHEREAS, the City of Dubuque endorses the
BARC request for immediate funding of a
feasibility study to be performed by the Illinois
and Iowa Department of Transportations of the
proposed route; and
WEREAS, the City of Dubuque agrees with the
BARC stipulation that this initiative be included
as part of the Illinois Department of
Transportation and iowa Department of
Transportation Comprehensive Capitol Rail
Transportation Plans for the benefit of both
Illinois and Iowa; and
WHEREAS, the City of Dubuque supports the
Blackhawk Area Rail Coalition's request that the
upcoming Comprehensive Transportation
Capitol Plans by Illinois and Iowa include the
framework to facilitate the coordination of the
various rail strategies for the Blackhawk region
and this framework serve as the basis for
BARC's inclusion in a State-wide Multi-Modai
Transportation Plan.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City of Dubuque, Iowa hereby
supports the efforts of the Blackhawk Area Rail
Coalition's efforts to reinstate passenger train
service to the tri-state area.
Passed, approved and adopted this 17th day
of July, 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.
At 7:47 Cline moved to go into Closed Session
re: Pending Litigation and Property Acquisition
- Chapter 21.5(1)(c)Q) 2005 Code of Iowa.
Seconded by Michalski. Motion carried 7-0.
Council reconvened Regular Session at 8:14
P.M. stating Staff had been given proper
direction.
There being no further business, Braig moved
to adjourn. Seconded by Michalski. Motion
carried 7-0. The meeting adjourned at 8:15
P.M.
Isl Jeanne F. Schneider, CMC
City Clerk
11 7/26
Approved:
2006
Adopted
2006
Mayor
Council Members
Attest:
City Clerk