Minutes City Council 7 16 07
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on July 16, 2007, 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 called for the purpose of
discussing such matters which may properly come before the Council.
PLEDGE OF ALLEGIANCE
INVOCATION
Joan Hauge, Interim Pastor, St. John's Lutheran Church
PROCLAMATIONS
Dubuque County Fair Week (July 24 – July 29, 2007) was accepted by Jamie Blum,
General Manager, Dubuque County Fair; Tour de Dubuque Day (August 25, 2007) was
accepted by Mike Martin, Gene Rokusek, and Duane Shumacher of Freedom Riders; United
Way Campaign Time (August 8 – October 31, 2007) was accepted by Campaign Chair Jim
Normandin, 16506 Coventry Lane.
CONSENT ITEMS
Motion by Cline to receive and file the documents and dispose of as indicated. Seconded by
Lynch. Braig requested (#14) Free Keyline Bus Rides for School Students be held for separate
discussion. Cline requested (#32) Cooper Management Company Liquor License Subpoenas
be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: Building Code Board of Appeals of 6/19; Cable TV
Teleprogramming Commission of 6/12; City Council of 7/2 and 7/9; Civil Service Commission
of 5/15; Historic Preservation Commission of 6/21; Housing Commission of 6/25; Human
Rights Commission of 6/11; Park and Recreation Commission of 6/12; Zoning Advisory
Commission of 7/5; Zoning Board of Adjustment of 6/28.
Proofs of publication of City Council Proceedings of June 18, 2007 and List of Claims and
Summary of Revenues for month ending May 31, 2007
Library Board of Trustees Update from meeting of June 28, 2007
Upon motion the documents were received and filed.
Notice of Claims/Suits: Lisa Bowers for property damage; William Brown for property
damage; Leonard/Helen McIntire for vehicle damage; Ann Till for property damage; Julie
Welter for property damage; Joan M. Overhouse for property damage; Tracey Little for
property damage. Upon motion the documents were received and filed and referred to the City
Attorney.
North Grandview Estates Sanitary Sewer and Watermain Project: City Manager
recommending acceptance of the North Grandview Estates Sanitary Sewer and Watermain
Project as completed by Connolly Construction in the final contract amount of $262,284.55.
Upon motion the documents were received and filed and Resolution No. 376-07 Accepting the
North Grandview Estates Sanitary Sewer and Watermain Project and authorizing the payment
of the contract amount to the contractor was adopted.
Reeder and Lois Street Sanitary Sewer Construction Project: City Manager recommending
acceptance of the Reeder and Lois Street Sanitary Sewer Construction Project as completed
by WC Stewart Construction, Inc., in the final contract amount of $39,978.84. Upon motion the
documents were received and filed and Resolution No. 377-07 Accepting the Reeder and Lois
Street Sanitary Sewer Construction Project was adopted.
Port of Dubuque Storm Sewer Extension, Phase V Project: City Manager recommending
acceptance of the Port of Dubuque Storm Sewer Extension, Phase V Project as completed by
Tschiggfrie Excavating Company, in the final contract amount of $129,037.42. Upon motion the
documents were received and filed and Resolution No. 378-07 Accepting the Port of Dubuque
Storm Sewer Extension, Phase V Project was adopted.
Cedar Lake Plaza: City Manager recommending acceptance of the public improvements
which the developers, Richard V. and Charlene L. Hansel, have recently completed in Cedar
Lake Plaza. Upon motion the documents were received and filed and Resolution No. 379-07
Accepting public improvements in Cedar Lake Plaza was adopted.
Kaufmann Avenue Storm Sewer Construction Project: City Manager recommending award
of the public improvement contract for the Kaufmann Avenue Storm Sewer Construction
Project to Drew Cook & Sons Excavating in the amount of $23,394.25. Upon motion the
documents were received and filed and Resolution No. 380-07 Awarding public improvement
contract for the Kaufmann Avenue Storm Sewer Construction Project to Drew Cook & Sons
Excavating was adopted.
York and Curtis Street Storm Sewer Construction Project: City Manager recommending
award of the public improvement contract for the York and Curtis Street Storm Sewer
Construction Project to McDermott Excavating in the amount of $35,076.83. Upon motion the
documents were received and filed and Resolution No. 381-07 Awarding public improvement
contract for the York and Curtis Street Storm Sewer Construction Project to McDermott
Excavating was adopted.
Star Brewery Drive Construction Project: City Manager recommending award of the public
improvement contract for the Star Brewery Drive Construction Project to Portzen Construction,
Inc. in the amount of $529,673.60. Upon motion the documents were received and filed and
Resolution No. 382-07 Awarding public improvement contract for the Star Brewery Drive
Construction Project to Portzen Construction, Inc., was adopted.
Raven Oaks Drive – Request to Vacate: City Manager recommending preliminary approval
of a request to vacate a portion of Raven Oaks Drive and that the owner be directed to
proceed with the formal vacate process. Upon motion the documents were received and filed
and approved.
Transient Boat Dock Facility: City Manager recommending approval of a Boating
2
Infrastructure Grant Contract for the Main ChannelTransient Boat Dock Facility at the Port of
Dubuque. Upon motion the documents were received and filed and Resolution No. 383-07
Authorizing a contract agreement for a Boating Infrastructure Grant for the Main Channel
Transient Boat Facility was adopted.
Heritage Trail Bridge Replacement Project: Communication to Brian Preston regarding the
State Recreation Trail Grant for the Heritage Trail Bridge Replacement Project. Upon motion
the document was received and filed.
Dubuque Initiatives: City Attorney recommending approval of the acceptance of a Quit Claim
Deed from Dubuque Initiatives for the Dubuque Hardwoods and Klauer properties in the Port
of Dubuque. Upon motion the documents were received and filed and Resolution No. 384-07
Accepting the deed to certain real estate in Dubuque County, Iowa from Dubuque Initiatives
was adopted.
Free KeyLine Bus Rides for School Students: City Manager recommending approval of an
agreement with the Dubuque Community School District for free ridership for public and
parochial students enrolled in the district. Motion by Braig to receive and file the documents.
Seconded by Michalski. Braig said that this program showed good cooperation between the
City and the school district, was great for citizens, and a huge opportunity. She said staff did a
good job. Motion carried 7-0.
Northeast Iowa School of Music: City Manager recommending approval of a grant
agreement with the Northeast Iowa School of Music to provide music lessons for four children
as part of the Uptown Recreation Program. Upon motion the documents were received and
filed and approved.
Dubuque County ISU Extension: City Manager recommending approval of a grant
agreement with Dubuque County ISU Extension to conduct recreation programs as part of the
Uptown Recreation Program. Upon motion the documents were received and filed and
approved.
Grant Agreement – Four Mounds Foundation: City Manager recommending approval of the
grant agreement with the Four Mounds Foundation to provide the day camp program as part of
the summer Uptown Recreation Program. Upon motion the documents were received and filed
and approved.
Purchase of Service Agreement with Greater Dubuque Development Corporation: City
Manager recommending approval of a Purchase of Service Agreement with Greater Dubuque
Development Corporation for support of their Destination for Opportunity Campaign. Upon
motion the documents were received and filed and approved.
Purchase of Service Agreement with Dubuque Area Labor Management Council: City
Manager recommending approval of an amended Purchase of Service Agreement with
Dubuque Area Labor Management Council to provide funding for improvement and expansion
of labor-management cooperation in the public and private sector in the Dubuque area. Upon
motion the documents were received and filed and approved.
U.S. Cellular Service Agreement: City Manager recommending approval of a master use
3
agreement between the City of Dubuque and U.S. Cellular to assist with standard cell phone
user contract end dates, equipment choices and prices. Upon motion the documents were
received and filed and approved.
Request for Proposals – North Siegert Farm: City Manager recommending approval of the
issuance of a Request for Proposals for development of the next phase of the Dubuque
Industrial Center West and the construction of a connecting street from Pennsylvania Avenue
to Dubuque Industrial Center West. Upon motion the documents were received and filed and
approved.
Dubuque Industrial Center West: City Manager recommending approval to subdivide Lot 1
th
of 2 of the Dubuque Industrial Center West 7 Addition into two parcels to accommodate the
expansion of Art’s Way / Vessels, Inc. Upon motion the documents were received and filed and
Resolution No. 384A-07 Accepting the deed to certain real estate in Dubuque County, Iowa,
from Dubuque Initiatives was adopted.
American Airlines: Communication to Mary Peters, Secretary – U.S. Department of
Transportation, in support of an application made by American Airlines to obtain route authority
to operate a daily nonstop flight from Chicago O’Hare International Airport to Beijing, China.
Upon motion the documents were received and filed.
Enterprise Zone Contract – Port of Dubuque New Main Development, LLC: City Manager
recommending approval of a Housing Enterprise Zone Program Agreement by and among the
Iowa Department of Economic Development, the City of Dubuque and Port of Dubuque New
Main Development, LLC related to the development of the mixed-use building in the Port of
Dubuque. Upon motion the documents were received and filed and Resolution No. 385-07
Approving a Housing Enterprise Zone Program Agreement by and among the Iowa
Department of Economic Development, the City of Dubuque and Port of Dubuque New Main
Development, LLC, was adopted.
Urban Renewal Tax Increment Revenue Bonds – Port of Dubuque Parking Facility: City
Manager recommending approval of the form of offering documents to be used in connection
with the issuance of the above-referenced Bonds. Upon motion the documents were received
and filed and Resolution No. 386-07 Approving the form of offering documents for the issuance
of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds, Taxable Series
2007, and authorizing execution and distribution of same was adopted.
Dubuque Community School District – 1126 White Street: City Manager recommending
acceptance of the Special Warranty Deed from the Dubuque Community School District for
property located at 1126 White Street. Upon motion the documents were received and filed and
Resolution No. 387-07 Accepting the deed to certain real estate in Dubuque County, Iowa from
Dubuque Community School District was adopted.
Office of the City Assessor: Communications from the City Assessor advising that Mary E.
Gau, Michael Walsh, Kathryn Dean, David F. Krieg, McFadden Family Partnership, First
National Bank, James and Donna McCann, Jeffrey D. Spahn, Linda A. Heyer, and John and
Kathy Pesetski have appealed their 2007 property tax assessment to the Property Assessment
Appeal Board in Des Moines. Upon motion the documents were received and filed.
4
RAGBRAI: Communication from T.J. Juskiewicz, RAGBRAI Director, advising that the
alternate vehicle route for RAGBRAI will be through Dubuque. Upon motion the documents
were received and filed.
City of Kissimmee, Florida, Communication from the Mayor and City Council of Kissimmee,
Florida, congratulating the City of Dubuque on being named a 2007 All-America City by the
National Civic League. Upon motion the documents were received and filed.
Citizen Communication: Communication from Greg and Dawn Swift requesting that the City
rectify an omission to the description of their property at 919 Kirkwood Street. Upon motion the
documents were received and filed, and referred to the City Manager.
PEG Access: City Manager recommending approval of two requests for funding from the
Capital Grant for Access Equipment and Facilities. Upon motion the documents were received
and filed and approved.
Cooper Management Company Liquor License Subpoenas: Assistant City Attorney
recommending that City Clerk Jeanne Schneider be authorized to sign subpoenas on behalf of
the City Council and to issue subpoenas for the Cooper Management Company liquor license
suspension hearing scheduled for July 18, 2007. Motion by Cline to place on table. Seconded
by Michalski. Motion carried 7-0.
Legislative Correspondence: Communication to Senator Charles Grassley in opposition to
the fee increase for general aviation. Upon motion the documents were received and filed.
Water Meter Reading Services Consultant: City Manager recommending approval of the
selection of HDR Engineering, Inc. to provide a recommendation for review of options relative
to water meter reading in an amount not to exceed $31,810. Upon motion the documents were
received and filed and approved.
2007 Safe Roads to School Grant: Communication to Mayor Rick Anderson in support of the
City of Asbury’s 2007 Safe Roads to School Grant application. Upon motion the documents
were received and filed.
Stormwater Detention Basin Update: City Manager submitting updated information about
the City’s Detention Basin Maintenance Program. Upon motion the documents were received
and filed.
Liquor License Transfers: Request of the Rotary Club to transfer their liquor license to the
Alliant Amphitheater on July 28, 2007 and August 25, 2007. Upon motion the documents were
received and filed and approved.
Business License Refund: Request of WCB Hotels, Inc., 3100 Dodge Street, for a refund of
their Class B Liquor License in the amount of $633.75. Upon motion the documents were
received and filed and approved.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion the documents were received and filed and Resolution No. 388-07
Granting the issuance of a Class “C” Beer/Liquor License to Airport Inn, Walnut Tap, Tri State
5
Golf Center, Knickers Saloon (Three One-Day Outdoor Sale – July 21, August 25, and October
13, 2007); Special Class “C” Beer/Liquor License (Five Day Special Event) to Dubuque Area
Labor Management; and a Class “B” Wine Permit to Basket Expressions, and Resolution No.
389-07 Granting the issuance of one renewal permit to sell cigarettes and cigarette papers in
the City of Dubuque were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Cline to receive and file the documents, set the public hearings as indicated, and
direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried
7-0.
Cancer Survivor Park Lease Agreement: City Manager recommending that a public hearing
be set for August 6, 2007 to consider disposing of interest in real property by lease agreement
with the Finley Hospital for the Cancer Survivor Park. Upon motion the documents were
received and filed and Resolution No. 390-07 Resolution of Intent to dispose of an interest in
real property by lease with The Finley Hospital was adopted setting a public hearing at a
meeting to commence at 6:30 p.m. on August 6, 2007, in the Public Library Auditorium.
Water Revenue Capital Loan Notes: City Manager recommending that a public hearing be
set for August 6, 2007 to consider approval of the issuance of $1,037,000 Water Revenue
Capital Loan Notes: Upon motion the documents were received and filed and Resolution No.
391-07 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement
and the issuance of $1,037,000 Water Revenue Capital Loan Notes of Dubuque, Iowa, and
providing for publication of notice thereof setting a public hearing at a meeting to commence at
6:30 p.m. on August 6, 2007, in the Public Library Auditorium.
Eagle Point Water Plant Clear Well Rehabilitation Project: City Manager recommending
initiation of the public bidding process for the Eagle Point Water Plant Clear Well Rehabilitation
Project and that a public hearing on the plans and specifications, form of contract, and
estimated cost be set for August 6, 2007: Upon motion the documents were received and filed
and Resolution No. 392-07 Preliminary approval of plans and specifications, form of contract,
and estimated cost; setting date of public hearing on plans and specifications, form of contract,
and estimated cost; and ordering the advertisement for bids for the Eagle Point Water Plant
Clear Well Rehabilitation Project was adopted setting a public hearing at a meeting to
commence at 6:30 p.m. on August 6, 2007, in the Public Library Auditorium.
Five Flags Sidewalk Replacement Project: City Manager recommending initiation of the
public bidding process for the Five Flags Sidewalk Replacement Project and that a public
hearing on the plans and specifications, form of contract, and estimated cost be set for August
6, 2007. Upon motion the documents were received and filed and Resolution No. 393-07
Preliminary approval of plans and specifications, form of contract, and estimated cost; setting
date of public hearing on plans and specifications, form of contract, and estimated cost; and
ordering the advertisement for bids for the Five Flags Sidewalk Replacement Project was
adopted setting a public hearing at a meeting to commence at 6:30 p.m. on August 6, 2007, in
the Public Library Auditorium.
Art’s Way / Vessel Systems Development Agreement: City Manager recommending that a
public hearing be set for August 6, 2007 to consider approval of a development agreement with
6
Art’s Way / Vessel’s, Inc., the sale of 5.97 acres of land in Dubuque Industrial Center West and
the use of Tax Increment Financing for this project. Upon motion the documents were received
and filed and Resolution No. 394-07 Resolution of Intent to dispose of an interest in City of
Dubuque real estate and fixing the date for a hearing on 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 Art’s Way
Vessels, Inc., and providing for the publication of notice thereof was adopted setting a public
hearing at a meeting to commence at 6:30 p.m. on August 6, 2007, in the Public Library
Auditorium.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
th
following Boards/Commissions; 175 Anniversary Celebration Coordinating Committee
Fifteen Member Ad Hoc Committee, Temporary Terms. One High School Student
requirement. Applicants: Stephanie Tranmer, Shelby Duggan, Christin Meyer. Applicants
Tranmer, Duggan, and Meyer all spoke in favor of their appointment. Motion by Michalski to
th
appoint all three applicants to the 175 Anniversary Celebration Coordinating Committee.
Seconded by Cline. Motion passed 7-0.
Historic Preservation Commission: (Two 3-year expired terms through July 1, 2010 – terms
of Stuart and Whalen). Applicants for Jackson Park District; Dave Stuart, Robert McDonell.
Upon vote, Robert McDonnell was appointed to a 3-year expired term through July 1, 2010.
th
Applicant for 11 Street District: John Whalen. Motion by Michalski to appoint John Wahlen
to a 3-year expired term through July 1, 2010. Seconded by Connors. Motion carried 7-0.
Investment Oversight Advisory Commission: (Two 3-year expired terms through July 1,
2010 – terms of Ruden and Reisdorf). Applicants: Stephen Reisdorf, Gary Ruden. Motion by
Connors to appoint Gary Ruden and Stephen Reisdorf to 3-year expired terms through July 1,
2010. Seconded by Jones. Motion carried 7-0.
Long Range Planning Advisory Commission: (Two 3-year expired terms through July 1,
2010 – terms of Winterwood and Prochaska). Applicants: Dr. Charles Winterwood, James
Prochaska. Motion by Michalski to appoint Dr. Charles Winterwood and James Prochaska to
3-year expired terms through July 1, 2010. Seconded by Connors. Motion carried 7-0.
TV Cable Teleprogramming Commission: (One 3-year expired term through June 30, 2010
– term of Everist). Applicant: Burton Everist. Motion by Connors to appoint Burton Everist to a
3-year term expiring June 30, 2010. Seconded by Lynch. Motion carried 7-0.
Zoning Advisory Commission: (Two 3-year expired terms through July 1, 2010 – terms of
Bird and Stiles). Applicants: Eugene Bird, Jeff Stiles, Charles Miller. Motion by Michalski to
appoint Eugene Bird and Jeff Stiles to 3-year terms expiring July 1, 2010. Seconded by Lynch.
Motion carried 7-0.
PUBLIC HEARINGS
SUSPEND THE RULES
Upon motion the rules were suspended allowing anyone to address the City Council.
Sewer Cured-in-Place Pipe (CIPP) Lining Project: Proof of publication on notice of hearing
on the plans and specifications, form of contract, and estimated cost for the Sewer Cured-in-
Place Pipe (CIPP) Lining Project and City Manager recommending approval. Motion by Jones
7
to receive and file, and adopt Resolution No. 395-07 Approving plans and specifications, form
of contract, and estimated cost for the CIPP Lining Project. Seconded by Connors. Motion
carried 7-0.
Dubuque Community Ice and Recreational Center: Proof of publication on notice of hearing
to consider approval of a lease agreement with Dubuque Community Ice and Recreational
Center for a section of the McAleece Park and Recreation Complex and City Manager
recommending approval. Motion by Jones to receive and file the documents and adopt
Resolution No. 396-07 Disposing of an interest in real property by lease agreement with
Dubuque Community Ice and Recreational Center. Seconded by Connors. John Ervolino, 928
Spires Drive, said that he has taken over project fundraising and that they will meet their
financial goal. Michalski said that a traffic plan is vital to this project and asked that the
organization apprise the City Council of its financial requirements. Jones said it is a good-
looking, viable project with a good business plan. 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 4-4.2(A) Application
Scope (Site Plans) and 6-1.5 of the Zoning Ordinance and Section 42-16 of the Subdivision
Regulations to allow City Council approval of requests for site plan and rezoning within the
Iowa 32 (Southwest Arterial) Corridor. 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 passed be suspended.
Seconded by Connors. Motion carried 7-0. Motion by Michalski for final consideration and
adoption of Ordinance No. 37-07 Amending City of Dubuque Code of Ordinances Appendix A
(the Zoning Ordinance) Section 4-4.2(A) Moratorium for Site Plans in Iowa 32 (Southwest
Arterial) Corridor and amending Section 6-1.5.5 A Moratorium for Rezoning Applications in the
Iowa 32 (Southwest Arterial) Corridor; and Ordinance No. 38-07 Amending City of Dubuque
Code of Ordinances Chapter 42 (Subdivision Regulations) Section 42-16 Iowa 32 (Southwest
Arterial) Corridor review be adopted. Seconded by Connors. Motion carried 7-0.
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Lake Ridge Drive – Final Plat: Zoning Advisory Commission recommending approval of the
final plat of Lots 1 through 5 of Cedar Lake Building Group First Addition, as requested by Ben
White. Motion by Connors to receive and file the documents and adopt Resolution No. 397-07
Approving the final plat of Lots 1 through 5 of Cedar Lake Building Group First Addition.
Seconded by Lynch. Motion carried 7-0.
Julien Care Place – Final Plat: Zoning Advisory Commission recommending approval of the
final plat of Julien Care Place located on Seippel Road, south of Julien Care Facility, subject to
the proposed roadway being named Humke Road or Humke Court, as requested by Dubuque
County. Motion by Lynch to receive and file the documents and adopt Resolution No. 398-07
Approving the final plat of Julien Care Place in Dubuque County, Iowa. Seconded by Connors.
Jones said that the County has requested naming the roadway “Public Safety Way.” He asked
for removal of the condition naming it Humke Road or Humke Court citing higher citizen
recognition with public safety. Lynch concurred amending his motion to name the street “Public
8
Safety Way.” Seconded by Connors. Motion carried 7-0.
Arensdorf Acres – Final Plat: Zoning Advisory Commission recommending approval of the
final plat of Arensdorf Acres located on Old Davenport Road in Dubuque County, as requested
by William Burger. Motion by Cline to receive and file the documents and adopt Resolution No.
399-07 Approving the final plat of Arensdorf Acres. Seconded by Connors. Motion carried 7-0.
Swiss Valley Farms – Sidewalk Installation Waiver Request: City Manager recommending
approval of a request from Swiss Valley Milk Bottling plat at 3510 Central Avenue for a waiver
for the construction of sidewalks along its Jackson Street frontage. Motion by Cline to receive
and file the documents and adopt Resolution No. 400-07 Waiving the sidewalk requirement for
Swiss Valley Farms at 3510 Central Avenue. Seconded by Connors. Connors said it was a
good reason for the recommendation. Motion carried 7-0.
RB Restaurant Management & Consulting (Bricktown Brewery) Liquor License: City
Manager recommending that the liquor license application of RB Restaurant Management and
Consulting be approved as a six-month license contingent on meeting the Building Code
requirements. Motion by Cline to receive and file the documents and adopt Resolution No.
401-07 Granting the issuance of a Special Class “C” (BW) Liquor License and a Class “B”
Wine Permit to RB Restaurant Management (Bricktown Brewery) for six (6) months. Seconded
by Connors. Motion carried 7-0.
Cooper Management, LLC (Bricktown) Hearing: Communication from Tom Bitter,
representing Cooper Management, LLC, requesting the liquor license suspension hearing be
rescheduled to later date. Motion by Cline to receive and file the documents and cancel the
related hearing set for July 18, 2007. Seconded by Connors. Motion carried 7-0.
Motion by Cline to remove from the table Consent Item (#32) Cooper Management
Company Liquor License Subpoenas, which granted the City Clerk authority to sign subpoenas
on behalf of the City Council. Seconded by Connors. Motion carried 7-0.
Motion by Cline to receive and file the documents of Consent Item (#32) Cooper
Management Company Liquor License Subpoenas. Seconded by Connors. Motion carried 7-0.
CartêGraph Systems, Inc.: City Manager recommending that the City close out the
development agreement with CartêGraph Systems, Inc. and determine that no penalties are
due the City under the agreement. Motion by Michalski to receive and file the documents and
approve. Seconded by Connors. Lynch said he certainly supports this recommendation and
believes CartêGraph as done a good job. Motion carried 7-0.
Modification of Ordinance 32-321.276: City Manager recommending approval of an
amendment to Ordinance 32-321.276 to change the reference to “disabilities” from the current
reference to “handicapped” and other updates as noted. 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 passed be
suspended. Seconded by Connors. Motion carried 7-0. Motion by Michalski for final
consideration and adoption of Ordinance No. 39-07 Amending Section 32-321.276 of the City
of Dubuque Code of Ordinances Use of Certain Nonmotorized Vehicles, Conveyances and
Equipment in Municipal Parking Garages or Lots and in Certain Other Places in the City.
Seconded by Connors. Motion carried 7-0.
9
2006 International Mechanical (Heating, Air Conditioning and Ventilating) Code: City
Manager recommending adoption of the 2006 International Mechanical Code (IMC) published
by the International Code Council (ICC). 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 passed be suspended.
Seconded by Braig. Motion carried 7-0. Motion by Jones for final consideration and adoption of
Ordinance No. 40-07 Providing that the Code of Ordinances, City of Dubuque, Iowa be
amended by repealing Section 24-1 thereof and enacting a new Section 24-1 thereof
pertaining to revising and reenacting a Mechanical Code for the City of Dubuque, Iowa and
providing for the issuance of permits and collection of fees therefore. Seconded by Braig.
Motion carried 7-0.
2006 International Plumbing Code: City Manager recommending adoption of the 2006
International Plumbing Code (IPC) published by the International Code Council (ICC). 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 passed be suspended. Seconded by Michalski. Motion carried 7-0.
Motion by Connors for final consideration and adoption of Ordinance No. 41-07 Providing that
the Code of Ordinances, City of Dubuque, Iowa be amended by repealing Section 37-1 thereof
and enacting a new Section 37-1 thereof pertaining to revising and reenacting a Plumbing
Code for the City of Dubuque, Iowa and providing for the issuance of permits and collection of
fees therefore. Seconded by Michalski. Motion carried 7-0.
2006 International Residential Code: City Manager recommending adoption of the 2006
International Residential Code (IRC) published by the International Code Council (ICC) and the
adoption of four amendments recommended by the Building Code Board of Appeals. 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 passed be suspended. Seconded by Lynch. Motion carried 7-0.
Motion by Michalski for final consideration and adoption of Ordinance No. 42-07 Amending the
Code of Ordinances, City of Dubuque, Iowa by adding and enacting new Sections 11-5 and 11-
6 adopting the 2006 International Residential Code for the City of Dubuque, Iowa and
providing for the issuance of permits and collection of fees therefore. Seconded by Connors.
Buol questioned if Council could change the grandfathering clause. Braig suggested this be
brought back after further consideration. Motion carried 7-0.
2006 International Building Code: City Manager recommending adoption of the 2006
International Building Code (IBC) published by the International Code Council (ICC). 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 passed be suspended. Seconded by Lynch. Motion carried 7-0. Motion by Jones for
final consideration and adoption of Ordinance No. 43-07 Amending the Code of Ordinances,
City of Dubuque, Iowa by repealing Section 11-1 and Section 11-2 and enacting new Section
s11-1 and 11-2 in lieu thereof adopting the 2006 International Building Code for the City of
Dubuque, Iowa and providing for the issuance of permits and collection of fees therefore.
Seconded by Lynch. Jones said that he is proud of City staff and the amount of work done by
the Building Department. Motion carried 7-0.
10
Federal Building Monumental Sign: City Manager recommending approval of the design
concept for the Federal Building Monumental Sign: Motion by Cline to receive and file the
documents, approve the design and naming the facility “Historic Federal Building. “ Seconded
by Connors. Jones said that the design is missing “City of Dubuque” wording. Motion carried 4-
3 with Lynch, Michalski, and Braig voting nay.
All-America City Award: City Manager recommending approval of the implementation of
items for promotion of the All-America City Award. Motion by Jones to receive and file the
documents and approve. Seconded by Lynch. Motion carried 7-0.
th
175 Anniversary Celebration Coordinating Committee: Appointment of City Council
th
Member to the 175 Anniversary Celebration Coordinating Committee. Motion by Jones to
Receive and file the documents and appoint Mayor Buol as the committee’s Council
representative. Seconded by Connors. Motion carried 7-0.
Legislative Priorities: City Manager recommending approval of the Legislative Priorities to
be submitted to the Iowa League of Cities. Motion by Jones to receive and file the documents
and approve. Seconded by Connors. Motion carried 7-0.
CLOSED SESSION
Upon motion the Council adjourned to Closed Session at 8:30 p.m. pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa
Upon motion Council reconvened regular session at 8:44 p.m. having given staff proper
direction.
There being no further business, upon motion the Council adjourned at 8:45 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 7/27
11