Minutes City Council 6 18 07
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:30 p.m. on June 18, 2007, in the
Public Library Auditorium regarding pending litigation and property acquisition pursuant to
Chapter 21.5(1)(c)(j) 2007 Code of Iowa
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen; City Attorney Lindahl
Upon motion and having given staff proper direction, City Council adjourned special session
at 6:28 p.m.
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on June 18, 2007, in the
Public Library Auditorium.
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski. City
Manager Van Milligen; City Attorney Lindahl
PLEDGE OF ALLEGIANCE
INVOCATION
Invocation was provided by Sr. Paula Maloy, SVM
PROCLAMATION
Ireland Visitors Proclamation was accepted by Alan Garfield, 2378 Beacon Hill, and the
Carlin family of County Donegal, Ireland.
PRESENTATION
Fire Chief Dan Brown presented Assistant Fire Chief Rick Steines with the National Fire
Academy’s Executive Fire Officer Certificate from the Department of Homeland Security
CONSENT ITEMS
Motion by Cline to receive and file the documents and dispose of as indicated. Second by
Jones. Michalski requested (#22) United States Conference of Mayors be held for separate
discussion. Motion carried 7-0.
Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 5/1; City
Council of 6/4; Electrical Code Board of 5/29; Housing Commission of 5/22 and Special
Meeting of 5/29; Human Rights Commission of 5/14; Park and Recreation Commission of 5/8;
Zoning Advisory Commission of 6/6; Zoning Board of Adjustment of 5/24
Library Board of Trustees Update of May 24, 2007
Proofs of publication of City Council Proceedings of May 7 and May 21, 2007 and List of
Claims and Summary of Revenues for month ending April 30, 2007. Upon motion the
documents were received and filed.
Notice of Claims/Suits: Jeff Brimeyer for property damage; Gansen Excavating, Inc. for
property damage. Upon motion the documents were received and filed, and referred to the City
Attorney.
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: Christy Link for
personal injury; Lauren Schrup for vehicle damage. Upon motion the documents were received
and filed, and concurred.
Citizen Communication: Communication from Kenneth J. Spears regarding the use of
“project crews.” Upon motion the document was received and filed.
Interagency Agreement between the City of Dubuque and Dubuque County Board of Health:
City Manager recommending approval of an Interagency Agreement with the Dubuque County
Board of Health for the inspection and enforcement of swimming pools and spas, tattoo parlors
and tanning facilities in Dubuque County. Upon motion the documents were received, filed, and
approved.
Purchase of Service Agreement with Project Concern, Inc. – Foster Grandparent Program:
City Manager recommending approval of a Purchase of Service Agreement with Project
Concern, Inc. in the amount of $6,113 for the Foster Grandparent Program. Upon motion the
documents were received, filed, and approved.
Purchase of Service Agreement with the Retired and Senior Volunteer Program: City
Manager recommending approval of a Purchase of Service Agreement with the Retired and
Senior Volunteer Program in the amount of $7,341. Upon motion the documents were
received, filed, and approved.
Purchase of Service Agreement with Project Concern, Inc. – Information and Referral and
Child Care Referral: City Manager recommending approval of a Purchase of Service
Agreement with Project Concern, Inc. in the amount of $25,821 for the Information and
Referral Program plus a payment of $9,098 for the Child Care Referral Program. Upon motion
the documents were received, filed, and approved.
Purchase of Service Agreement with Operation: New View: City Manager recommending
approval of a Purchase of Service Agreement with Operation: New View in the amount of
$18,257. Upon motion the documents were received, filed, and approved.
Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc.: City Manager
recommending approval of a Purchase of Service Agreement with Helping Services of
Northeast Iowa, Inc. in the amount of $2,147. Upon motion the documents were received, filed,
and approved.
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Purchase of Service Agreement with Greater Dubuque Development Corporation: City
Manager recommending approval of a Purchase of Service Agreement with Greater Dubuque
Development Corporation in the amount of $170,613. Upon motion the documents were
received, filed, and approved.
Purchase of Service Agreement with Dubuque Main Street, Ltd.: City Manager
recommending approval of a Purchase of Service Agreement with Dubuque Main Street, Ltd.,
in the amount of $47,550 and $10,000 to support funding a part-time development position.
Upon motion the documents were received, filed, and approved.
Purchase of Service Agreement with Hills and Dales: City Manager recommending approval
of a Purchase of Service Agreement to Hills and Dales for senior programs in the amount of
$25,000. Upon motion the documents were received, filed, and approved.
Purchase of Service Agreement with Dubuque Area Labor Management Council: City
Manager recommending approval of a Purchase of Service Agreement with Dubuque Area
Labor Management Council in the amount of $17,455. Upon motion the documents were
received, filed, and approved.
Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Convention
and Visitors Bureau: City Manager recommending approval of a Purchase of Service
Agreement with the Dubuque Area Chamber of Commerce Convention and Visitors Bureau in
the amount of $738,496. Upon motion the documents were received, filed, and approved.
Purchase of Service Agreement with Washington Neighborhood Tool Library: City Manager
recommending approval of a Purchase of Service Agreement with the Washington
Neighborhood Tool Library in the amount of $15,500. Upon motion the documents were
received, filed, and approved.
Purchase of Service Agreement with Substance Abuse Services Center: City Manager
recommending approval of a Purchase of Service Agreement with Substance Abuse Services
Center in the amount of $13,605. Upon motion the documents were received, filed, and
approved.
Purchase of Service Agreement with America’s River Corporation: City Manager
recommending approval of a Purchase of Service Agreement with America’s River Corporation
in the amount of $10,000. Upon motion the documents were received, filed, and approved.
Purchase of Service Agreement with Northeast Iowa Community College: City Manager
recommending approval of a Purchase of Service Agreement with Northeast Iowa Community
College – Northeast Iowa Business Accelerator Business Plan in the amount of $5,000. Upon
motion the documents were received, filed, and approved.
Chaplain Schmitt Memorial Project: City Manager recommending acceptance of the
Chaplain Schmitt Memorial Project as completed by Tri-State Development, LLC, in the final
contract amount of $65,173. Upon motion the documents were received and filed and
Resolution No. 335-07 Accepting improvement; and Resolution No. 336-07 Approving final
estimate were adopted.
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City of Asbury: Communication from Elizabeth Bonz, City of Asbury, requesting a letter of
support for the Intersection Improvement Project to assist Asbury in obtaining funds from the
Safe Roads to School Grant. Upon motion the documents were received, filed, and referred to
the City Manager.
U.S. Department of Housing and Urban Development: Communication from the U.S.
Department of Housing and Urban Development (HUD) regarding the evaluation of the City’s
Community Development Block Grant (CDBG) program conducted on May 1, 2007. Upon
motion the documents were received, filed, and referred to City Manager.
United States Conference of Mayors: Communication from Tom Cochran, Executive Director
of the United States Conference of Mayors, congratulating the City for the Honorable Mention
received in the 2007 City Water Taste Test Competition. Motion by Michalski to receive and file
the documents. Seconded by Connors. Michalski said that the recent All America City
delegation to Anaheim couldn’t wait to return to Dubuque and its wonderful water despite the
fact that Anaheim was second in the water taste test. Motion carried 7-0.
Specific and Aggregate Stop Loss Insurance Renewal: City Manager recommending
approval of HCC Life Insurance Company (formerly known as Allianz) as the stop-loss carrier
for the City's health plans for individual and aggregate stop-loss insurance. Upon motion the
documents were received, filed, and approved.
Iowa Department of Economic Development: Communication from Michael L. Tramontina,
Iowa Department of Economic Development, advising that Genuine Genius Solutions, LLC has
received an Entrepreneurial Ventures Assistance Award in the amount of $125,000. Upon
motion the documents were received and filed.
Tee Box Place – Plat of Survey: Zoning Advisory Commission recommending approval of
the Plat of Survey of Lot 1 and Lot 2 of Tee Box Place as requested by Conlon Construction
Company. Upon motion the documents were received and filed, and Resolution No. 337-07
Approving the Plat of Survey of Lot 1 and Lot 2 of Tee Box Place was adopted.
Links Glen Place – Plat of Survey: Zoning Advisory Commission recommending approval of
the Plat of Survey of Lots 1 through 3 and Lot A of Links Glen Place as requested by Conlon
Construction Company. Upon motion the documents were received and filed, and Resolution
No. 338-07 Approving the Plat of Survey of Lots 1 through 3 and Lot A of Links Glen Place was
adopted.
Links Glen Condominium Development – Plat of Survey: Zoning Advisory Commission
recommending approval of the Plat of Survey of Lot 1 and Lot 2 of Mineral Lot 138 as
requested by Conlon Construction Company. Upon motion the documents were received and
filed and Resolution No. 339-07 Approving the Plat of Survey of Lot 1 and Lot 2 of Mineral Lot
138 was adopted.
Preserve America Grant Application: City Manager recommending approval of the
submission of a Preserve America Grant Application for expansion of the Mines of Spain
Interpretive Exhibit and Education Program. Upon motion the documents were received and
filed, and Resolution No. 340-07 Providing for an application to the National Park Service for
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Preserve America Funds for Mines of Spain Interpretive Exhibit and Education Program was
adopted.
Dubuque Technology Park: City Manager recommending approval of the re-platting of Lots
1 and 2 of Dubuque Technology Park No. 4 to incorporate the excess right-of-way into Lot 1
and create a separate Lot 2 for the America’s River sign. Upon motion the documents were
received and filed and Resolution No. 341-07 Approving Plat of Survey of Lot 1 and Lot 2,
Dubuque Technology Park No. 4 in the City of Dubuque, Iowa, was adopted.
2007 Justice Assistance Grant: City Manager recommending approval of the submission of
the 2007 Justice Assistance Grant (JAG) application to the U.S. Department of Justice
Programs in the amount of $53,747. Upon motion the documents were received, filed, and
approved.
PEG Access Capital Grant Expenditure: City Manager recommending approval for three
funding requests from the Capital Grant for Access Equipment and Facilities. Upon motion the
documents were received, filed, and approved.
Hold Harmless Agreement – Firearms Training: City manager recommending approval of a
Hold Harmless Agreement with Mathy Construction for the use of a portion of the River City
Stone Rose Spur Quarry, 19068 Herber Road, for police firearms training. Upon motion the
documents were received, filed, and approved.
Request for Proposals – Multifunction Machine: City Manager recommending approval of
the issuance of a Request for Proposals to change the City’s printer-copier-scanner-fax from
stand-alone devices in every department to a networked multi-function service. Upon motion
the documents were received, filed, and approved.
Financial Services – Request for Proposals: City Manager recommending approval of the
selection of Dubuque Bank and Trust as the bank to provide financial services to the City of
Dubuque for a five-year period. Upon motion the documents were received, filed, and
approved.
US 52 North Storm Sewer Improvement Project: City Manager recommending award of the
contract for the US 52 North Storm Sewer Improvement Project to McClain Excavating
Company, Inc., in the amount of $189,712. Upon motion the documents were received and
filed and Resolution No. 342-07 Awarding public improvement contract for the US 52 North
Storm Sewer Improvement Project was adopted.
City Hall First Floor Restroom Renovation Project: City Manger recommending final
acceptance of the City Hall First Floor Restroom Renovation Project as completed by Portzen
Construction in the amount of $83,393. Upon motion the documents were received and filed
and Resolution No. 343-07 Accepting improvement, and Resolution No. 344-07 Approving final
estimate were adopted.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion the documents were received and filed and Resolution No. 345-07
Granting the issuance of fifty-four (54) renewal permits to sell cigarettes and cigarette papers
within the City limits; Resolution No. 346-07 Granting the issuance of a Class “B” Beer Permit
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to Pizza Hut (320 East 20 Street), Pizza Hut (2075 JFK Road), and Colts Community Center;
and Class “C” Beer Permit to Dubuque Discount Gas #3, Hy-Vee Wine and Spirits “A”, and
Keywest Conoco; and Resolution No. 347-07 Granting the issuance of a Class “C” Beer/Liquor
License to Fischer Lanes, Creslanes Bowling, Paul’s Tavern, Applebee’s Grill and Bar,
Dubuque Bowling Lanes, Five Flags Center, and Buffalo Wild Wings; Special Class “C” Liquor
License to Rotary Club; and Class “B” Wine Permit to Hy-Vee Wine and Spirits “A” were
adopted.
ITEM TO BE SET FOR PUBLIC HEARING
Motion by Cline to receive and file the documents, set the public hearing as specified, adopt
the resolutions and direct the City Clerk to publish notice in the manner prescribed by law.
Seconded by Lynch. Motion carried 7-0.
Port of Dubuque Parking Facilities Projec: City Manager recommending initiation of the
public bidding process for the Port of Dubuque Parking Facilities Project and that a public
hearing on the plans and specifications, form of contract, and estimated cost be set for July 2,
2007. Motion by Cline to receive and file the documents and adopt Resolution No. 348-07
Preliminary approval of plans and specifications, form of contract, and estimated cost for the
Port of Dubuque Parking Facilities Project, Setting date of hearing on plans and specifications,
form of contract, and estimated cost for the Port of Dubuque Parking Facilities Project, and
Ordering the advertisement for bids for the Port of Dubuque Parking Facilities Project was
adopted setting a public hearing for July 2, 2007 at a meeting to commence at 6:30 p.m. in the
Public Library Auditorium.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
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following Boards/Commissions: 175 Anniversary Celebration Coordinating Committee.
Fifteen Member Ad Hoc Committee, Temporary Terms. Applicants: Citizen Representatives (6)
Wallace Brown, Susan Farber, Barbara Fisher, Michael Gibson, Bart Kintzinger, Joseph Rapp,
Ralph Scharnau, Jennifer Tigges, Tammy Welbes, Katie Weidemann; High School Student (1)
– No applicants; Young Professionals (2) Amanda Brechler, Scott Frost, Brooke Gassman,
Susan Hess, Jennifer Lien, Lindsey McNeeley-Moeller, Christopher Wand, Tammy Welbes,
Marcie Winkelman; Historical Society Representative (1) Meg Wall-Wild; Chamber of
Commerce Representative (1) Sue Czeshinski; Arts Commissioner (1) Louise Kames, Amy
Weber; Telegraph Herald Representative (1) Diane Mohr; Education Representative (1) Gary
Olsen. Applicants who spoke in support of their individual appointment: Susan Farber, 1755
Overview; Michael Gibson, 160 So. Grandivew; Bart Kintzinger, 2375 Clarke Crest Drive;
Joseph Rapp, 27 Locust St; Tammy Welbes, 2648 University Ave.; Katie Weidemann, 300
Main St.; Amanda Brechler, 2003 Key Way; Lindsey McNeeley-Moeller, 1165 Cleveland;
Marcie Winkelman, 729 Edith; and Meg Wall-Wild, 1520 Elm St.
Library Board of Trustees: 4 Four-year expired terms through July 1, 2011 (Terms of
Shubatt, Lindsay, Smith, and Avery). Applicants: Alan Avery, Susan Lindsay, Michael Shubatt,
Kristen Smith
Mechanical Board: 1 Three-Year expired term through March 16, 2009 (Term of Geisler)
Applicant: Todd Geisler
Appointments were made to the following Boards/Commissions: Park and Recreation
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Commission: Three 3-year terms through June 30, 2010 (Terms of Lyness, Harjehausen, and
Hoffman) Applicants: Karen Lyness, Paul Hoffman, Gary Harjehausen. Motion by Michalski to
appoint Lyness, Hoffman, and Harjehausen to three-year terms through June 30, 2010.
Seconded by Braig. Motion carried 7-0.
TV Cable Regulatory Commission: Two 3-year expired terms through June 30, 2010 (Terms
of Pratt and Stevens). Applicant: Kevin Stevens. Motion by Connors to re-appoint Stevens to a
three-year term through June 30, 2010. Seconded by Braig. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
2411/2403 Central Avenue – Request to Rezone: Proof of publication on notice of public
hearing to consider rezoning property located at 2411/2403 Central Avenue from R-2 Two-
Family Residential District and C-2 Neighborhood Shopping Center District to C-4 Downtown
Commercial District as requested by Lynn Schmitz, and Zoning Advisory Commission
recommending approval. Motion by Jones to receive and file the documents and that the
requirement that a proposed Ordinance be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be finally passed be suspended.
Seconded by Lynch. Planning Services Manager Laura Carstens provided a staff report and
distributed pictures. Motion by Jones for final consideration and adoption of Ordinance No. 30-
07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances
by reclassifying hereinafter described property located at 2411/2403 Central Avenue from R-2
Two-Family Residential District and C-2 Neighborhood Shopping Center District to C-4
Downtown Commercial District. Seconded by Connors. Motion carried 7-0.
3100 Cedar Crest Ridge – Request to Rezone: Proof of publication on notice of public
hearing to consider rezoning property located at 3100 Cedar Crest Ridge from CS Commercial
Service and Wholesale District to C-3 General Commercial District as requested by Dennis
Powers, and Zoning Advisory Commission recommending approval. Motion by Jones to
receive and file the documents and that the requirement that a proposed Ordinance be
considered and voted on for passage at two Council meetings prior to the meeting at which it is
to be finally passed be suspended. Seconded by Braig. Dennis Power, 767 Brookview Square,
spoke in support of the ordinance. Planning Services Manager Laura Carstens provided a staff
report. Lynch asked if there is a traffic benchmark the City uses, if the traffic will increase, and
what the estimated occupation or completion date is. Carstens said there is no traffic
benchmark. Powers said that construction is scheduled for completion in August and that the
traffic will increase some. However there is sufficient road capacity in place to handle the
increase. Motion carried 7-0. Motion by Jones for final consideration and adoption of
Ordinance No. 31-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 3100 Cedar
Crest Ridge from CS Commercial Service and Wholesale District to C-3 General Commercial
District. Seconded by Lynch Motion carried 7-0.
40-42 Main Street – Request to Rezone: Proof of publication on notice of public hearing to
consider rezoning property located at 40-42 Main Street from LI Light Industrial District to C-4
Downtown Commercial District as requested by Chris Miller/Wally Brown, and Zoning Advisory
Commission recommending approval. Motion by Jones to receive and file the documents and
that the requirement that a proposed Ordinance be considered and voted on for passage at
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two Council meetings prior to the meeting at which it is to be finally passed be suspended.
Seconded by Connors. Motion carried 7-0. Planning Services Manager Laura Carstens
provided a staff report saying that the rezoning provides an opportunity to use an historic
structure that is currently empty in an area that’s in transition. Motion by Jones for final
consideration and adoption of Ordinance No. 32-07 Amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described
property located at 40-42 Main Street from LI Light Industrial District to C-4 Downtown
Commercial District. Seconded by Briag. Chris Miller, 3211 No. Cedar Ct., spoke in support of
the ordinance. Motion carried 7-0.
2678 Beverly Avenue – Request to Rezone: Proof of publication on notice of public hearing
to consider rezoning property located at 2678 Beverly Avenue from R-1 One-Family
Residential District to R-2 Two-Family Residential District as requested by Tom Swift, Swift
Construction, Inc., and Zoning Advisory Commission recommending approval. Motion by
Michalski to receive and file the documents and that the requirement that a proposed
Ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be finally passed be suspended. Seconded by Jones. Tom Swift, 2005
Firestone Dr. and President of Swift Construction, spoke in support of the ordinance saying
that this will be a new construction and will have a positive impact on the area. Cline asked if
there would be off-street parking. Swift said that each unit will have the required four spaces
including off-street and on-street parking. Connors asked if the mature trees would be saved.
Swift said that designs are uncertain put all attempt will be made to save the trees. Planning
Services Manager Laura Carstens provided a staff report saying that this is an expansion of
the R-2 zoning and there is sufficient space for the construction. Motion by Michalski for final
consideration and adoption of Ordinance No. 33-07 Amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described
property located at R-1 One-Family Residential District to R-2 Two-Family Residential District.
Seconded by Lynch. Motion carried 7-0.
Iowa 32 (Southwest Arterial) Corridor – Text Amendment: Proof of publication on notice of
hearing to consider a request from the City of Dubuque to amend Sections 6-1.5.5 and 4-4.2 of
the Zoning Ordinance and Section 42-16 of the Subdivision Regulations to extend the duration
of the development moratorium for the Iowa 32 (Southwest Arterial) Corridor to July 1, 2008,
and Zoning Advisory Commission recommending approval. Motion by Jones to receive and file
the documents and that the requirement that a proposed Ordinance be considered and voted
on for passage at two Council meetings prior to the meeting at which it is to be finally passed
be suspended. Seconded by Braig. Motion carried 7-0. Planning Services Manager Laura
Carstens provided a staff report saying that this ordinance will extend the existing moratorium
to 2008 and that there were no public comments at the Zoning meeting. Michalski asked for
clarification on the location/boundaries of the moratorium and if there were many existing
developed properties that would be impacted. Carstens said that the moratorium takes into
consideration variations of streets, territories, and properties beyond the final line of the project
as a precaution and that this is and generally an agricultural corridor with few structures
associated with farms. Motion by Jones for final consideration and adoption of Ordinance No.
34-07 Amending Chapter 42 (Subdivision Regulations) of the City of Dubuque Code of
Ordinances by amending Section 42-16 to extend a moratorium for subdivision plats in the
Iowa 32 (Southwest Arterial) corridor; and Ordinance No. 35-07 Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Section 4-4.2
regarding site plans, and by amending Section 6-1.5.5 regarding rezonings to extend a
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moratorium for site plan and rezoning applications in the Iowa 32 (Southwest Arterial) corridor.
Seconded by Braig. Motion carried 7-0.
L & J Properties Dubuque, LLC Development Agreement: Proof of publication on notice of
hearing to consider approval of a Development Agreement with L & J Properties Dubuque,
LLC, and the disposition of 2.74 acres of property in Dubuque Technology Park for
construction of an 11,255 square foot office building, and City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No. 349-
07 Determining that the proposal of L & J Properties Dubuque, LLC to acquire and develop
property in the Dubuque Industrial Center South Economic Development Urban Renewal
District in the City of Dubuque, Iowa is in compliance with the terms of the City’s offering for the
disposition of such property; and Resolution No. 350-07 Accepting the proposal of L & J
Properties Dubuque, LLC for the purchase of property in the Dubuque Industrial Center South
Economic Development Urban Renewal District in the City of Dubuque, Iowa and approving
the Development Agreement with L & J Properties Dubuque, LLC. Seconded by Cline. Motion
carried 7-0.
Port of Dubuque Parking Ramp – Urban Renewal Tax Increment Revenue Bonds: Proof of
publication on notice of hearing to consider approval of the sale of not to exceed $25,000,000
Urban Renewal Tax Increment Revenue Bonds and City Manager recommending approval.
Motion by Cline to receive and file the documents and adopt Resolution No. 351-07 Instituting
proceedings to take additional action for the issuance of not to exceed $25,000,000 Urban
Renewal Tax Increment Revenue Bonds. Seconded by Michalski. Bud Isenhart, 8968 Quail
Ridge Court, expressed his concern over the length of a 30-year bond and continuation of the
current TIF program, which is now 25 years old. He believes it is unfair to the County and
school district to divert these funds for economic development. City Manager Van Milligen said
that if the Urban Renewal District continues the money goes back to the taxing bodies. He
explained that this is a component of the America’s River Project Phase II and provides parking
for $70 million in new, mixed-use development; the Diamond Jo Casino; the museum’s
expansion; and is leverage for the museum’s $8 million Vision Iowa grant. Per the
development agreement, the Diamond Jo can reject the project’s plans. The City would then
downsize the project to accommodate the change in cost, and the museum would have to
renegotiate their Vision Iowa grant. Motion carried 7-0.
Release and Acceptance of Sanitary Sewer Easement – Raven Oaks: Proof of publication
on notice of hearing to consider vacating and relocating a portion of an existing sanitary sewer
easement and to vacate a utility easement in Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of
Raven Oaks Place and City Manager recommending approval. Motion by Cline to receive and
file the documents and adopt Resolution No. 352-07 Accepting a conveyance of easements
over part of Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of
Dubuque, and Resolution No. 353-07 Disposing of interest and release of a portion of an
existing 20-foot wide sanitary sewer easement, a 25-foot access and utility easement, and a 5-
foot utility easement on Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in
the City of Dubuque, Iowa, Dubuque County, Iowa. Seconded by Braig. Motion carried 7-0.
York and Curtis Street Storm Sewer Improvement Project: Proof of publication on notice of
hearing to consider approval of the plans and specifications, form of contract, and estimated
cost for the York and Curtis Street Storm Sewer Improvement Project and City Manager
recommending approval. Motion by Michalski to receive and file the documents and adopt
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Resolution No. 354-07 Approving plans and specifications, form of contract, and estimated
cost for the York and Curtis Street Storm Sewer Improvement Project. Seconded by Lynch.
Motion carried 7-0.
Star Brewery Drive Construction Project: Proof of publication on notice of hearing to
consider approval of the plans and specifications, form of contract, and estimated cost for the
Star Brewery Drive Construction Project and City Manager recommending approval. Motion by
Connors to receive and file the documents and adopt Resolution No. 355-07 Approving plans
and specifications, form of contract, and estimated cost for the Star Brewery Drive
Construction Project. Seconded by Cline. Motion carried 7-0.
Kaufmann Avenue Alley Storm Sewer Construction Project: Proof of publication on notice of
hearing to consider approval of the plans and specifications, form of contract, and estimated
cost for the Kaufmann Avenue Alley Storm Sewer Construction Project. Motion by Cline to
receive and file the documents and adopt Resolution No. 356-07 Approving plans and
specifications, form of contract, and estimated cost for the Kaufmann Avenue Alley Storm
Sewer Construction Project. Seconded by Jones. Motion carried 7-0.
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Callahan Old 20 Subdivision: Zoning Advisory Commission recommending approval of the
Preliminary Plat of Callahan Old 20 Subdivision as requested by Joel Callahan, Callahan
Construction.
Communication from Joel Callahan requesting this item be tabled.
Motion by Cline to receive and file the documents and table. Seconded by Braig. Motion
carried 7-0.
Procedure for Declaring Public Nuisances: City Attorney recommending approval of a
proposed amendment to Chapter 23 of the City of Dubuque Code of Ordinances to provide for
the procedure for declaring a public nuisance. Motion by Connors to receive and file the
documents and that the requirement that a proposed Ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be finally passed be
suspended. Seconded by Jones. Motion carried 7-0. City Attorney Lindahl said that this
ordinance amendment will conform the City Code of Ordinances to the Iowa Supreme Court
ruling which requires notice to the property owner and an opportunity to be heard in a quasi-
judicial proceeding if a declaration of a public nuisance is made by the City Council. Motion by
Connors for final consideration and adoption of Ordinance No. 36-07 Amending the City of
Dubuque Code of Ordinances Chapter 23 Nuisance, Section 23-43 Relating to the Procedure
for the Declaration of a Public Nuisance. Seconded by Braig. Motion carried 7-0.
Greater Dubuque Development Corporation: Communication from the Greater Dubuque
Development Corporation requesting appointments to the Greater Dubuque Development
Corporation Board of Directors. Motion by Connors to appoint Mayor Buol, City Manager Van
Milligen, and Economic Development Director David Heiar to the Greater Dubuque
Development Corporation Board of Directors. Seconded by Jones. Motion carried 7-0.
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Motion by Connors to appoint Council Members Cline and Lynch to the Greater Dubuque
Development Corporation Board of Directors. Seconded by Braig. Michalski noted that Council
members should be cognizant of their attendance records regarding their various board
appointments. Motion carried7-0.
Grand River Center Carpet Replacement Project: City Manager recommending award of the
contract for the Grand River Center Carpet Replacement Project to Commercial Flooring
Company in the amount of $114,245. Motion by Michalski to receive and file the documents
and adopt Resolution No. 359-07 Awarding public improvement contract for the Grand River
Center Carpet Replacement Project. Seconded by Connors. Michalski said she was
disappointed in the degree of mistakes in the bid. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Buol asked Assistant City Manager Cindy Steinhauser to give a report on the recent
All America City award presentation. Steinhauser provided a brief history of the application
process and how the City engaged citizens and organizations to gather information about what
makes Dubuque an All America City. The community’s collaboration efforts and youth
programs were emphasized along with the City’s diversity, downtown revitalization and the
Port of Dubuque projects. The City’s spirit of collaboration and the projects’ sustainability were
apparent in the delegation’s presentation and she thanked everyone involved for their
excitement and input. Michalski emphasized the presence of elected officials in the winning
presentation. Lynch commended Steinhauser for her detailed planning and facilitation of the
presentation.
PUBLIC INPUT
(None)
CLOSED SESSION
Upon motion the City Council convened in special session at 8:15 p.m. pending litigation
and property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa
Upon motion and having given staff proper direction, the City Council reconvened to regular
session at 8:24 p.m.
There being no further business, upon motion the meeting adjourned at 8:25 p.m.
/s/Kevin S. Firnstahl
Assistant City Clerk
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