Proof of Publication 3 5 07Washington Street as part
of the acquisition program
associated wtth the Bee
Branch Creek Aestaration
Project. Motion by Cline to
recstve, file and adopt
Resolution. No. 117-07 Ap-
proving the acquisition of
real eatate-k~cated at 2404
Washington. Street in the
City of Dubuque.
Sermnded by Lynch:
Passed 7-0
2318 Washington Street -
Purchase of Property: City
Manager recommending
approval bf the purchase
of a residentiat dwelling lo-
cated at 2318 Washington
Street as part- of the ac-
quisition proyrem associ-
ated with the Bee Branch
Creek Restoration Project.
Motion by CNoe to receive,
file, and adopt,Readution
No. 118-07 Approving the
acquisition of real estate
located at 2318 Washing-
ton Stmt in the City of
Dubuque. Seconded by
Lynch. Passed •7-0.
508 East 22nd Street -
Purchase of'Property: City
Manager recommending.
approval. of .:the purchase
of a residenhai dwelling b-
oated at 508 East 22nd
Street as pelt of the ac-
iskion program associ=
ed with the: Bee Branch
Restoration Project.
lion by Cline to receive,
°~ le and adopt Resolution
119-07 Approving the
uisition of real estate
ocated at 508 East 22nd
t in the:C'ty of Dubu-
• ue.•Seconded by .Lynch..
ed 7-0
Purchase of. Replacement
p Truck #4404: City
' anager recommending
proval of the purchase
a replacement one-ton
mp truck by the Leisure;
'ces' Department. Mo-
by Cline to receive, file
adopt Resolution No.
;20-07 Approving the pur-
hase of a dump truck to
#4404. Seconded
Lynch. Passed 7-0.
urchase of Replacement
mp •Truck #4408: City
agar recommending
proval of the purchase
a one-ton replacement
p truck by the Leisure
ices Department. Mo-
by Cline to receive, file
ad t Resolution No.
1-0loving the pur-
of adump truck to
ace' #44Q8..Seconded
Lynch. Passed 7-0.
urchase of Replacement
p Truck #3216: City
retxrmmeflding
ova! of the purchase
a new 54,000 GVW
mp tnick by the Public
e r~m.sm.,,~ .~.. rn_
reation Area grant applica-
tion to the Silos and
Smokestacks _ National
heritage Area, upon mo-
tion received, filed, and
approved.
State Historical Society of
tows: Communication'from
the State Historical Society
of Iowa advising that the
Dubuque Star Brewery,
..500 , fNth •Street, has
tfbert~pted for Inomina-
tlon to the National pegis-
ter of Historical Places by
the State Nominations Re-
vie6v CommRtee; upon mo-
tion received and flied.
Arts and Culture Grant
Program for Special l'raj-
ects: Arts and Cultural Af-
fairs Advisory Commission
recommending approval of
a modification to the Arts
'apd Cuture Grant Program
for Special Projects, upon
motion received;. filed, and
approved.
Citizen Communication:.
Communication from John
and Betty Fox expressing
gratRude to the Dubuque
Fire Department for the
prompt- and efficient re-.
spouse on February 9,
2007, ...upon motion re-
ceived and filed.
Signed Contracts: Iowa
DepartrtMkttof Natural Re-
sources,. C+rant Contract,
upon motion received and
filed.
Business License Refund:
Request of WCB Hotels,
Inc., dlWa Best Western
Midway HoteUHoffman
House RestauranV~100
Club, for a refund of Ciga-
rette LicensQ #DSQ-062 in
the amount of $25.00,
upon motion received,
filed, and approved.
Business Licenses: City
Manager recommending
approval of ar)nual liquor
license renewals as sub-
muted. Motion by Cline to
receive, file and adopt
Resolution • No. 124-07
Gaunte'ng the issuance of a
Class 'C' Beer Permit to
Econo' Foods and Hartig
Drug #8, and Resolution
Ng. 125-07 Granting the
issuance. of , a Class "C'
Beer/tJquor License to
Chances R, .Yardarm Bar,
Dubuque Greyyhound- Park,
Neighbor's Tap, Bunker
Hill, and IsabeNa's; Class
:E' Liquor License to Har-
tigg Drug #8; Class "B"
Wine Permit to Hartig Drug
#8 and Econo Foods#471;
and Class. 'WBN' Native
Wine to htatbnal Missis-
sippi Rhror 'Museum.
Seconded by Lynch.
Passed 7-0.
ITEMS TO BE SE1 FOR
Pl1DLiC HEARiNO
r,iw u^rr Cnvrn.w Rmern_
Appointments to the fol-
lowing Boards / Commis-
sions: Community Devel-
opment Advisory Commis-
sion (One At-Large term -
term of Giesen, one Hous-
ing Commission Represen-
tative term -vacant and
one Low/Moderate Income
term all through February
2010). Applicants: Michael
Gukeisen, Theresa
Caldwell. Motion by
Michalski to re-appoint
Michael Gukeisen and ap-
point Theresa Caldwell to
three-year terms expiring
February 15, 2010.
Seconded by Braig.
Passed 7-0.
PUBLIC HEARINGS
Upon motion the rules
were suspended to allow
anyone present to address
the Council
Loras College -Request
to Vacate and Purchase:
Proof of publication on no-
tice of hearing to consider
a request from Loras Col-
lege to vacate and pur-
chase the alleys between
Alta Vista Street and North
Booth Street from Loras
Boulevard to Vernon Street
and City Manager recom-
mending approval. Steve
Schmall of Loras College
spoke in support of the re-
quest. Tvlotion by Cline to
receive, file, and adopt
Resolution No. 135-07 Ap-
proving plat of proposed
vacated alleys between Al-
ta Vista Street and North
Booth Street from Loras
Boulevard to Vernon
Street; Resolution No.
136-07 Vacating the alleys
between Alta Vista Street
and. North Booth Street
from Loras Boulevard to
Vernon Street; and Resolu-
tion No. 137-07 Disposing
of City interest in the alleys
between Alta Vista Street
and North Booth Street
from Loras Boulevard to
Vernon Street in the City of
Dubuque, Dubuque Coun-
ty, Iowa. Seconded by
Jones. Passed 7-0.
Finley Home Addition -
Request to Purchase:
Proof of publication on no-
tice of hearing to consider
a request from Dennis
Benda, representing The
Finley Hospital, to pur-
chase aportion of Lot 25
of Finley Home Addition
and City Manager recom-
mending approval. Dennis
Benda of Finley Hospital
informed Council that the
plan is to widen the hospi-
tal's loading dock. Motion
by Connors to receive, file,
and adopt Resolution No.
138-07 Disposing of City
interest in Lot 1 of Finley
Home Addition No. 2 in the
City of Dubuque, Dubuque
County, Iowa. Seconded
b~Jones. Passed 7-0.
provements Project -
Phase II: Proof of publica-
tion on notice of hearing to
consider the US 20 (Devon
Drive to Menards) Capaci-
ty Improvements Project -
Phase II and City Manager
recommending rejection of
all bids received. Motion
by Connors to receive, file,
and adopt Resolution No.
146-07 Rejecting bids for
the US 20 (Devon Drive to
Menards) Capacity Im-
provements Project -
Phase II, Traffic Signal and
Intelligent Transportation
System Improvements (Io-
wa DOT Project No. STP-
A-020-9(1 87)-22-31.).
Seconded by Braig.
Passed 7-0.
Greg AdamslStewart
Construction, Inc. - Re-
consideration: Proof of
publication on notice of
hearing to reconsider the
reclassifying of property
located at the southwest
corner of Seippel Road
and Ofd Highway Road
(Lot 1 of 2 Mason Cate Es-
tates) from LI Light Indus-
trial District to HI Heavy In-
dustrial district, as re-
quested by Wayne
Briggs{Stewart Construc-
tion, Inc., and Zoning Advi-
sory Commission recom-
mending approval, with
conditions. Attorney for
the developers, Briari
Kane, requested a change
in the Memorandum of
Agreement that the 20 ft.
height restriction be
changed to 35 ft. to ac-
commodate proposed ten-
ants Alter Scrap and BFI.
Motion by Cline to receive
and file proposed Ordi-
nance Amending Appendix
A (the Zoning Ordinance)
of the City of Dubuque
Code of Ordinances by re-
classifying property locat-
ed at the southwest corner
of Seippel Road and Old
Highway Road (Lot 1 of 2
Mason Cate Estates) from
LI Light Industrial District
to HI Heavy Industrial Dis-
trict, with conditions, and
recess public hearing to
March 19, 2007, at a meet-
ing to commence at 6:30
P.M. in the public library
auditorium. Seconded by
Connors. Passed 7-0.
REINSTATE THE RULES
Upon motion the rules
were reinstated limiting
discussion to the Council.
ACTION ITEMS
National Scenic Byways
Grant Agreements: City
Manager recommending
approval of an agreement
with the Iowa Department
of Transportation for a
$5,000,000 National Scen-
ic Byways grant for the de-
sign and construction of
the Great Rivers Center
and fivers to the Sea x-
STATE OF IOWA {SS:
DUBUQUE COUNTY
Wendy Miller,
CERTIFICATION OF PUBLICATION
Rillinl? Clerk for Woodward Communications, Inc., an Iowa
corporation publisher of the
Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: March 14, 2007, and for which the charge is $310.70.
Subscribed to b
this
afore Notary Public in and for Dubuque County, Iowa,
day of ~~~.~~~ , 20Q~.
~.
otary Public in and for Dt~uque County, Iowa.
r ..~ yv,ARY K VrESTi=rtwlEYER
4 . , ~ ~ Cammissia~ timber 154885
~LLJ'; t ~y [;om^;. Ex~ FEB. 1, 2008
FARMAL•L Super M Tr2
CITY OF DUBUQUE
COUNCIL
PROCEEDINGS
SPECIAL SESSION
City Council Special Ses-
sion, March 5, 2007
Council met in Special
Session at 5:00 PM in the
Library Auditorium
Present: • Mayor Buol,
Council Members Braig,
Cline, Connors; . Jones,
Lynch, Michalski, City
Manager Van Milligen; City
Attorney Lindahl.
Mayor Buol read the call
and stated this is a Special
Session of the City Council
called for the purpose of
discussing the 2006-2007
Update of the Comprehen-
sive Plan. Charles
Winterwood, Long Range
Planning Advisory Com-
mission Chairperson, pre-
sented the updates to the
Council for their consider-
ation.
Objective 4.6 Create a
bluff overlay district with
appropriate building height
restrictions for bluff-top,
bluff-line, and bluff-base
development to maintain
bluffs as scenic attrac-
tions: Council concurred to
strike entire Objective.
Objective 5.3 Protect nat-
ural vistas from the clutter
of inappropriate physical
development: Braig rec-
ommended striking the en-
tire Objective. Council
concurred.
Objective 5.6 Create a
"checks and balances" ap-
proach to development, in-
cluding bluff preservation
and development, based
on some of the same con-
cepts used in the Historic
Preservation Ordinance;
e.g. historic and cultural
significance, and also de-
velop ascale to measure
whether a structure is "in
proportion:" Cline recom-
mended striking the entire
Objective. Council concur-
red.
Objective 6.7 Involve de-
velopers in creating mixed
use developments and
mixed use regulations, in-
cluding architectural de-
signs for new commercial
uses (buildings, signs,
parking) that are indistin-
guishable from surround=
ing residential uses; don't
allow franchises to dictate
architecture, signs, and
which may properly come
before the Council.
Invocation was geven by
Reverend Jerry Oakland,
St. Luke's Methodist
Church
PROCLAMATIONS
Mental Retardation
Awareness Month was ac-
cepted by Julie Jordahl
Boys and Girls Club Week
was accepted by Molly
Casey
CONSENT ITEMS
Minutes and Reports
Submitted: City Council of
2/15, 2/20, 2/22, and 2/26;
Civil Service of 1/9 and
1/25; Historic Preservation
Commission of 2/15; Long
Range Planning Advisory
Commission of 2/14, upon
motion received and filed.
Proof of publication of
City Council Proceedings
of February 9, 2007, upon
motion received and filed.
Notice of Claims/Suits:
William Ambrosy for vehi-
cle damage; LeRoy Cain
for vehicle damage; Gail
Featherston for vehicle
damage; Thomas Koch,
d/b/a Paul's Tavern vs.
City of Dubuque, Iowa for
property damage; Mark
Lange for vehicle damage;
George Maury for vehicle
damage; Mary V. Moyer
for vehicle damage; Linda
A. Strong for personal in-
jury; Steven Viertel for ve-
hicle damage, upon mo-
tion received, filed and re-
ferred to City Attorney.
City Attorney advising
that the following claims
have been referred to Pub-
lic Entity Risk Services of
Iowa, the agent for the Io-
wa Communities Assur-
ance Pool: William
Ambrosy for vehicle dam-
age, Mary Donath for
property damage, Gail
Featherston for vehicle
damage, Mark Lange for
vehicle damage, Mary V.
Moyer for vehicle damage,
Linda A. Strong for per-
sonal injury, and Steven
Viertel for vehicle damage,
upon motion received, filed
and concurred.
City Attorney recom-
mending that the claims of
LeRoy Cain for vehicle
damage and George
Maury for vehicle damage
be denied, upon motion
received, filed and concur-
red.
Airport Commission:
Communication from Teri
Hawks Goodmann resign-
ing her position on the Air-
port Commission, upon
motion received and filed.
Bowling and Beyond Du-
buque, Inc.: Communica-
tion from Arthur F. Gilloon,
representing Bowling and
Beyond Dubuque, Inc.,
providing notification that
Bowling and Beyond Du-
bu~e, Inc., Hereby exer-