Proof of City Council 5 21 07State of Iowa, Dubuque County
Certification of Publication
ua;ui us ao uibuo ieuolleu I Nw
,~ ~..,.,,~ ~.,,,,.,..,..a__.-..._.. Dax
~ would include
downtown.
sneer said yes. It
hlcklde downtown
l9dtt3ireet south, the
Duce district and the
rt Dubuque. It was
I -for pedestrian use
~ts the vehi-
sign sys-
Pass:
royal of a recom-
lon qy the KeyLine
80srd of Trustees
tf a monthly pass
tJr-e at a cost of
rrgf-th to custom-
gort Cline to re-
11d t$`e the docu-
exlopt Resolu-
d~i,° -07 Fixmg
Ir :a monthly pass.
ed by Jones. Mo-
Free Rides Pro-
. (,ygr Manager rec-
t1p approval to
wflh a partnership
the Dubuque Com-
$ohool District to
t7st~er transporta-
efDNsrts for students
,include offering
ne odes to stn-
. by Cline to
end file the docu-
end approve.
b!- Lynch. John
Superintendent,
Community
:2300 Chaney
, ".M>I1HIced Transit
Rodocker
"~ "tic Develop-
Dave Heiar
- end said that the
school princi-
irNlistsd the program.
hops to create op-
torfatnllies and pos-
. help alleviate the
s at Hemp-
School. Motion
ry Plaza Area
it Pumping Fa-
~7 Project: City
tecommending
the contract for
ry Plaza Area
Ir Pumping Fa-
)07 Project to
3'-.Excavating in
amount of
94. Motion by
m receive and
tloCUments and
gkttion No. 304-
wlp public im-
--
ogical Re- ~,Irt-lens se" pu~'c 4ear.'ngs and file--~~ ~Re ~nin., ~ o•'o°°~~
search Center for the Four II lf19G4.. ~~~,r,_
„ ~ as soar
provement contract for the projects. Motion by Cline of Dubu ue. Seconded by
Asbury Plaza Area Waste- to receive and file, to in- Motion carried 6-0.
Jones
water Pumping Facilities elude documents distribut- .
COUNCIL MEMBER
2007 Project. Seconded ed at this meeting and the REPORTS
by Cline. Motion carried 6- executed First Amendment
(None)
0. to the Agreement, and ap- PUBLIC INPUT
Rush Street Reconstruc- prove. Seconded by (None)
lion Project: City Manager Jones. Jerry Enzler, Exec- There being no further
recommending .award of olive Director of the Gubu- upon motion the
business
the contract for the Rush que County Historical ~.So- ,
Council adjourned at 8:51
Street Reconstruction ciety, 250 E. 3rd Street,
Project to Horsfiekf Con- thanked Council for allow- p•m•
struction, Inc., in the ing the time to fold this in- /s/Kevin S. F~rnstahl STATE OF IOWA
amount of $1,657,853.10. to the Vision Iowa Project. Assistant City Clerk
Motion by Cline to receive A search for state funds. it, 6/4
and file the documents would mean a significant DUBUQUE COUNTY
and adopt Resolutbn No. match by the City but lead
305-07 Awarding public to a grant for the
improvement contract for wayfinding signage pro-
the Rush Street Recon- gram. Mr. Enzler urged ap-
struction Project. proval of the agreement.
Seconded by Lynch. Mo- Van Mpligen noted that this
lion carried 6-0. is contingent on an exe-
First Amendment to Dia- cuted First Amendment to
mood Jo Development the Agreement. Michalski
Agreement: City Manager requested that the two
recommending approval of groups meet more fro-
th rt I
{SS:
CERTIFICATION OF PUBLICATION
the fret amendmeMpto the quently an gua ery as I, Wend, Miller, a Billing Clerk for Woodward Communications, Inc., an Iowa
Diamond Jo Develo ment noted in the A reement or
Agreement for the con- included with the Vision lo-
struction of a public park- wa meetings. Motion car- corporation, publisher of the Telegraph Herald,a newspaper of general circulation
ing ramp. Motion by Clme rigid 6-0.
to receive and file the Interstate Power/McGraw published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
documents, to include Hill Parking Lot: City Man-
tnose distributed at this agar recommending ap- ~ certify that the attached notice was published in said newspaper on the following
meeting, and adopt Reso-
lution No. 306-07 Approv- proval of an offer to pur-
chase a parcel of land 'i dates:
ing the first amendment to from Interstate Power to i
the Port of Dubuque Public allow for the construction
Parking Facility Develop- of the McGraw Hill parking
ment Agreement. bt including the granting
Michalski questioned the
hases of
di
d of an easement to Inter- ~
art of the
state Power as
wor
ng an
p
green space versus park p
consideration for the trans-
construction. Van Milligan far and recommending ap- ',
said that Council approved proval of a permanent con-
preservation of the green stnxition easement grant-
space site line from the ed by Interstate Power to
Grand River Center to the allow for the construction
Courthouse. The park is a of the McGraw Hill parking
component of the planned bt and sanitary storm
outdoor, plaza. Seconded sewer and an indemn'rfica-
by Lynch. Motion carried lion agreement between
6-0. the City and McGraw Hill.
Joint Development Motion by Cline to receive
June 4, 2007, and for which the charge is $337.34.
Agreement between the and file the documents Subscribed to before
Dubuque County Historical and approve. Seconded by
Society and the City of Du- Lynch. Motion carried 6-0. th1S day 1
buque• City Manager roc- Contract Authority: City
ommendingg approval of a Manager recommending
Joint DevebpmeM Agree- that his authority to make
ment between the Dubu- purchases on behalf of the
que County. Historical So- City be increased to
ciety and the City of Dubu- $100 000, per State s~at-
que that establishes the ute. Motion by Cline to re-
manner in which the Soci- calve and file the docu-
ety and the City will coop- ments and adopt Resolu-
erate wfth ° one another lion No. 307-07 Authoriz-
successfully to cdmplete ing the City Manager to
the Great Rivers Center execute contracts and
and RiverMax Theater leases on behalf of the City
l~~d~ Jh~F~r"~
Notary Public in and for Dubuque County, Iowa,
Notary Public in and for Dubuque County, Iowa.
~'~e''a ~VriAH'{ K. YrE6TL'~i"AEl'Efl
''` ~ Commisslo-n Number 154885
~x """~` My Comm. Exc. FEB. 1, 2008
~...a,~.,~,e:
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Jo sn~3s ~!I!we; 'deolpuey
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~ -
se~i CITY OF DUBUQUE,
ne, IOWA
-qr CITY COUNCIL
~~ PROCEEDINGS
.9 SPECIAL SESSION
Lakes Archaeological Re-
search Center for the Four
x Mounds Archeological In-
s vestigation. Upon motion
u the documents were re-
ceived, filed, and ap-
proved.
Tri-State Development
LLC Rezoning/Annexation:
City Manager recommend-
ing approval of the with-
drawal of the voluntary an-
nexation request by Tri-
State Development LLC.
Upon motion the docu-
ments were received, filed,
and approved.
Kivlahan Farms Prelimi-
nary Plat: Zoning Advisory
Commission submitting
the preliminary plat of
Kivlahan Farms for City
Council information only.
Upon motion the docu-
ments were received and
filed.
Sewer Pipeline Inspection
Vehicle and Camera
Equipment: City Manager
recommending, approval of
the purchase of a sewer
pipeline inspection vehicle
and associated camera
equipment from Cues Inc.,
in the amount of $126,750.
Upon motion the docu-
ments were received, filed,
and approved.
Encephalitis (West Nile)
Monitoring -Memorandum
of Understanding: City
Manager recommending
approval of the Memoran-
dum of Understanding
with the Iowa Department
of Public Health for activi-
ties related to
Encephalitis/West Nile dis-
ease monitoring. Upon
motion the documents
were received, filed, and
approved.
Citizen Communications:
Correspondence from Lar-
ry Youtzy expressing op-
position to the installation
of sidewalks along John F.
Kennedy Road.
Communication from Jan
and Bill Stoffel submitting
a petition in support of the
nstallation of sidewalks
along John F. Kennedy
3oad and communication
`Tom Tracy Nowack in sup-
~ort of the installation of
>idewalks along John F.
<ennedy Road.
,Conespondence from Dr.
harles Winterwood, Yce
'resident of Tri-State Trail
Asion, thanking the Mayor,
:ity Council and staff for
ncluding a feasibility study
n the Fiscal Year 2007
rudget for ahiking/biking
rail akxtg the middle fork
d Catfish Creek.
Correspondence from
valerie Hogan, owner of
he Mississippi Mug, ex-
wessing opposition to the
.ity's business incentives
x Genuine Genius. Upon
notion the documents
were received and filed.
PI
Pe
ale
sp
The Dubuque City Coun
cil met in special easels
at 5:30 p.m. on May 21
2007, in the Public Libran
Auditorium.
Mayor Buol read the cal
'stating that this was a spa
cial session of the Dubu
qua Ci~ Council to dis•
E, cuss ending Litigatior
~ and Property Acquisitior
21.5(1x )Q) 2007 CCode tot
Iowa
o Present: Mayor Buol,
s Council Members Cline,
a Connors (via conference
E phone). Jones, Lynch,
Michalski, City Manager
Van Milligan, City Attsxney
Lindahl
w BAbsent: Council Member
e Upon motion Council ad-
~y journal special session at
~ 5:29 p.m. having given
i staff proper direction.
CITY OF DUBUQUE, •
IOWA
CITY COUNCIL
PROCEEDINGS
REGULAR SESSION
The Dubuque City Coun-
cil met in regular session
at 6:35 p.m. on May 21,
2007, in the Public Library
Auditorium.
Mayor Bud read the call
and stated that this was a
regular session of the Du-
buque City Council to dis-
cuss such matters that
should properly come be-
fore Council.
Present Mayor Buol,
Council Members Cline,
Connors (via conference
phone), Jones, Lynch,
Mrchalski, City Manager
Van Milligan, City Attorney
Lindahl
Absent: Council Member
Braig
Invocation was provided
by Assistant Pastor Sean
Hirschy, Word of Life
Church
Proclamations
Mental Heath Month,
May 2007, was accepted
by John Cordes, Mental
Bath America, 1951 Alta
Ysta, and presented
Council with the DVD 'Lin-
coln's Metlartchoy;' and
Apples for Students, June
and JulIyy, 2007.
CONSENTITEMS
Motion by Cline to re-
sxirrs and file the dosw-
mwrta, refer to staff, and
resolutions as
ae,e ce..,...,.e.~ ti., ~~-
as specified, and direct tt
City Clerk to publish notic
in the manner prescribe
by law. 'Seconded Y.
Jones. Motion carried 6-0
Ice Harbor Transient Bo.
Dock Project: City Manes
er recommending initiatisi
of the public bidding pros
ess for the Ice Harbc
Transient Boat Dock Pro
act and that a public heal
ing on the plans and spec
ifications, form of contrac
and estimated cost be se
for June 4, 2007. Upo
motion the document
were received and filet
and Resolution No. 280-0'
Preliminary approval c
plans and specification:
form of contract, and sell
mated cost for the Ice Har
bor Transient Boat Docl
Project; Resolution No.
281-07 Setting date c
hearing on plans an<
spex:'rfirations, form o
contract, and estimates
cost for the Ice Harbo
Transient Boat Dock Proj
act; and Resolution No.
282-07 Ordering the ad•
vertisement for bids for the
Ice Harbor Transient Boa'
Dock Project were adopt
ed setting a hearing for
meeting to commence a~
6:30 p.m. on June 4, 2007,
in the Public Library Audi
torium.
Decorative Concrete Re-
pair and Maintenance Proj-
ect: City Manager recom-
mending initiation of the
public bidding process for
the Decorative Concrete
Repair and Maintenance
Project and that a public
hearing on the plans and
specifications, form of
contract, and estimated
cost be set for June 4,
2007. Upon motion the
documents were received
and filed, and Resolution
No. 283-07 Preliminary ap-
proval of plans and spec'rfi-
cations, form of contract,
and estimated cost for the
Decorative Concrete Re-
pairand Maintenance Proj-
ect; Resolution No. 284-07
Setting date of hearing on
plans and specifications,
form of contract, and esti-
mated cost for the Decora-
tive Concrete Repair and
Maintenance Project; and
Resolution No. 285-07 Or-
dering the advertisement
for bids for the Decorative
Concrete Repair and Main-
tenance Project were
adopted setting a public
hearing for a meeting to
commence at 6:30 p.m. on
June 4, 2007, in the Public
Library Auditorium.
Third Street Overpass
Lighting Project: City•Man-
ager recommending initia-
tion of the public bidding
process for the Third
treat Overpass Lichtina
and filed, and Resolution PU to address water run
No. 294-07 Resolution of off adding that driveways
intent to dispose of an in- are for garage access only
terest in real property by but could allow for 4 vehi
-
easement to Interstate ,
ties. There is no concern
Power and Light Company with emergency vehicle
setting a public hearing for access. Motion by Cline
a meeting to commence at for final consideration and
6:30 p.m. on June 4, 2007, adoption of Ordinance No.'
in the Public Library Audi- 24-07 Amending Appendik
torium. A (the Zoning Ordinance)
BOARDS/COMMISSIONS of the City of Dubuqu
Appointments to the fol- Code of Ordinances b~
lowing Boards providing for the amend-
/Commissions: Arts and ment of Ordinances 10-99
Cultural Affairs Advisory ,
96-02, 86-03 and 14-06
(Four 3-year 'Arts' terms ,
which adopted regulations
through June 30, 2010 - for the Emerald Acres PUD
Terms of Karnes, Kohl, Planned Unit Development
Riedel, Wahlert). Appli- District with a PR Planned
cants: Catherine Residential Designation
Goodman, Tom Goodman, and approving an amend-
Paul Hemmer, Louise ed ordinance for the Emer-
Kames, Paul Kohl, loans aid Acers PUD Planned
Mamali, Gene Perry Sus- Unit Development District.
an Riedel, Julie Steffen, Seconded by Jones. Mo-
John Woodin. Upon vote lion carried 6-0.
Paul Hemmer, Louise 3105 Cedar Crest Ridge
Kames, Paul Kohl, and Rezoning: Proof of publi-
Susan Riedel were ap- cation on notice of public
pointed to 3-year terms hearing to consider
throuuggh June 20, 2010.
PIIBUC HFJ-RINGS rezoning property located
at 3105 Cedar Crest Ridge
Upon motion the rules from CS Commercial Serv-
were suspended allowing ice and Wholesale District
anyone to address the City to C-3 General Commer-
Council.
Dubuque Industrial Cen- cial District as reeqquested
by Ron Smith/RRTC Prop-
ter Planned District: Proof ertres, and Zoning Adviso-
of publication on notice of ry Commission recom-
public hearing to consider mending approval. Motion
an amendment to the Du- by Cline to receive and file
buque Industrial Center the documents and that
Planned District from Open the requirement that apro-
Space to Industrial as re- posed Ordinance be con-
quested by Matt Horsfield, sidered and voted on for
Horsfield Company, and passage at two Council
Zoning Advisory Commis- meetings prior to the
>ion recommending appro- meeting at which it is to be
gal. Motion by Michalski to finally passed be suspend-
~eceive and filed the loco- ed. Seconded by Jones.
vents, and that the re- Ron Smith, 1640 Justin
auirement that a proposed Lane, spoke in support of
ordinance be considered the ordinance. Kyle Kritz,
rnd voted on for passage Planning Services, gave
tt two Council meetings the staff report. He stated
>rior to the meeting at that traffic has been in-
vhich it is to lxx finally creasing on Cedar Cross
tassel be suspended. ,
which is conducive to C-3
ieconded by Lynch. Mo- zoning. Motion by Lynch
ion carried 6-0. Matt for final consideration and
forsfield, 505 E. Main St. adoption of Ordinance No.
:pworth, Iowa, spoke in 25-07 Amending Appendix
wpport of the ordinance. A (the Zoning Ordinance)
cyle Kritz, Planning Serv- of the City of Dubuque
'es, gave a staff report. Code of Ordinances by re-
Aotion by Michalski for fl- classifying property locat-
~al consideration and ed at 3105 Cedar Crest
adoption of Ordinance No. Ridge from CS Commer-
2-07 Amending Appendix cial Service and Wholesale
~ (the Zoning Ordinance) District to C-3 General
f the City of Dubuque Commercial District.
:ode of Ordinances by Seconded by Jones. Mo-
dopting arevised Plan- lion carried 6-0.
ing Unit Development Or- Kebbie Drive Rezoning:
finance for the Dubuque Proof of publication on no-
tdustrial Center Phases I lice of hearing to consider
nd II located at the south- rezoning property on Keb-
~est corner of Highway 32 hie Drive described as Lot
Jorthwest Arterial) and 3 of Bies Subdivision #2
havenelle Road and by from R-2 Two-Family Resi-
3pealing Ordinance 34- dential District to R-3
6. Seconded by Jones. Moderate-Density Multi-
lotion carried 6-0. Family Residential District
8005 Seippel Court as requested by James
P.7nn~nT Prnnf of nnhG_ ~...1 0........ c..ti-_:~__ __~
Resolution No. 297-07 At
proval of plans and SpecH
cations, form of contrac
and estimated cost for th
Grand River Center Carp
Replacement Projerc
Seconded by MichalsN
Michalski askedrf the nee
patterns or designs wool
retain the beauty of th
original carpet. Assistar
City Manager SterinhausE
said that the replacemer
carpet would be similar t
the original patterns bt
more resistant to stain
and fading caused 4
harsh c)eaning chemical:
Motion carried 6-0.
REINSTATE THE RULES
Upon motion the rule
were reinstated Nmitky
discussion to the Cih
Council..
ACTION ITEMS
Grandview Pet Park: Re
quest of Lynn Behrens: is
address the City Counci
regarding a petition in Sup
port of keeping the Grand
view Pet Park open. Ma
lion by Cline to receive
and file the documents
Seconded by Michalski.
Julie Thom, 530 Napie,t
Street, spoke in favor of
the pet park disputing pre-
viousclaims about barking
and the park's appear-
ance. She believes barking
is not continuous and sug-
gested the City's Artimed
Control- Office investigate.
She said the City does a
good job of maintenance
and suggested alternating
the use of each side ofthe
park to allow for replanting
of the side not in use. She
believes a dog park at any
location would affect prop-
arty owners. An addRionel
petition was submitted-for
the record. Motion carried
6-0.
Dubuque Genealogical
Society: Nancy Stroup,
Vice President, Dubuque
Genealogical Society, re-
questing to address the
City Council regarding City
assistance for relocation
pending : termination of
lease with the Masonic
Temple. Motion by Cline to
receive and file. Seconded
by Jones. Nancy Stroup,
10004 Westbrook Rdad.,
Galena, Illinois, and Vice
President of the Geneaktg-
ical Society, .provided
rganizat ndl.
is a non-profit historira
group that has records re
lated to 400 surname
from the Dubuque aret
M~ of Angels bu~ic$ng e
6th and Bittif but wB nee
nerve spaa>a soon. a pert
netrshipw)th the~woui
help initxeaea c
the Society. Motion cavrie~
8-0.
Patricia Broessel Spes:rF
Assessment: Correspond
ante from Attorney Jstsepl
Bitter on behalf of PaMcu
Broeasel requesting to ad
dress the Council regard
ing a spacial aaaepntert
for sidewalk and gN't1 re
placement at 2093 Wash
inyton Street. Motion b!
Cline to receive and file
Seconded by Lynch. Var
MHI12ert said that the Citl
Engrnetering t departmern
has been in contact will
Mr. Bitter and clarified thal
this issue involved twc
separate assessments,
one assessable and one
non-assessable. Motion
carried 6-0.
AN Veterans' Memorial;
City Manager rercomrrrend-
ing approval of construc-
tlon of a new All Veterans'
Memorial at the McAleesx
Park and Recreation Com-
olex: Ms#bn by CUne to
'eceive, file, and approve
he documents. Secorrdetl
~y Mk:halksi.
'aoebel, Commander
i6Gi, submitted design
focrxrtents and reviewed
Mana stating that this me-
rtortel would have year-
ound access, would be
rreintesnance free. and ef-
orts Would be made to
later vandalism. Cline in-
Wired about recent oon-
roversy. Goebel said that
he Marshall PaHc Memori-
J lies been plagued by a
Nor design and lack s>f
Jns~ for repair or rede-
ign. Michalski asked
hoof the. current mentori-
k irieiiJe Riverview Park.
ktettel said that those
~entorials are closed for
onto otxsasiorre. 'The All
etarans Memorial waJld
e in proximity to those
tetmorials .but accessible
rr ceremonies y~r round:.
Isis lacy, 783 Fenebrt
Marshal ParisPmk Memorial
wasn't Tuncflonirtg and i6
unflniahed because of the
money needed to repair
design flaws. He said tftat
no one has agreed to meet
with him to consider work-
r s to -apak
steal Park. ,.F#R also aa(d
that there fib trio. e~ k1=
fonMng people of ttie "me-
rrtorial. Jones felt that neh
then memorial detracts
from the other. Sfrtce there
is no Cfty furtdittg~
used, h is a
choice whether or not to
donate. Michalski ex-
the ~ pf
cause of:lhs~ taplaln
Schmitt Memorial, world'
V Milligen~said t this
terms~s~ size a~ d
h has good synergy Mo-
tion carried 6-0.
L Gemren Bank &iilding,
Agreement: C
recommending approv of
g development agreement
between the Cliy of Dubu-
ue and German Bank
~ulldinngg, LLLP, tot' the re-
ritalization of the Old r3er-
non Bank &Jik9nq. Motion
iy Mlch~sld to receive
std, flb, and Raolu-
ion No. 29&07 arrffrariz-
nngg the e~cetttiNort of a ds-
relopmerk a~sertrnt with
~6irrrtart :Bank
.LLP. Seconded by L~. ,
Aotion carried 8-0.
Historic Praeervatipn
%~ Maanager -ec~d-
t9 approval of an amend-
Trent to ttta Historic Pres-
rould alktw which
own-
re or basin ownMS .re
ntrk~t tlsab
ttW StJCtt flme Chart a rash
ant vohntteer can be ap-
oktted. Motion by Jones
t recaitie std file the.
ocumertta and that -the.
that ~a oD~rt
dared and voted on istr
aeaaga at two Coirrdl
' Pry to tits
timlY >