Proof of Publication 9 4 07 Council ProceedingsCrTY OF DUBUQUE,
IONNI
P~aocE~EDi~s
ciI rrwt i~n~ r~t~ >:o
at 6:50 p.m. on September
4, 2007; in the Public Li-
brary Auditorium.
Present: Mayor Buoi,
Council Members Braig,
Cline, Corntors, Jones,
Lynch, Michalski, City
M Van MiUigen; City
Meylpbread the call
and stated fhfs is a regular
session called for the pur-
pose of discussing such
matters whk;h may grope--
IY ~~ before the Coun-
cil.
n our ayS p
week for full-time Pub
Safety Dispatchers. Up
motion the documen
were received, filed, a
approved.
Workers' Compensati
Excess Insurance: Ci
Manager recommends
approval of the selection
Safety National as t
City's excess worker
compensation carrier, e
fective July 1, 200
through June 30, 200
Upon motion the doc
ments were received, file
and approved.
Purchase of Property
509 Lincoln Avenue: Cit
Manager recommendin
approval of the purchas
of a residential rent
dwelling located at 50
Lincoln Avenue as part o
the acquisition progra
associated with the Be
Branch Creek Restoratio
Project. Upon motion th
documents were receive
and filed and Resolutio
No. 446-07 Approving th
acquisition of real estat
located at 509 Lincoln
Avenue in the City of Du
buque was adopted.
Purchase of Property -
2010 Kniest Street: City
Manager recommending
approval of the purchase
of a residential rental
dwelling located at 2010
Kniest Street as part of the
acquisition program asso-
ciated with the Bee Branch
Creek Restoration Project.
Upon motion the docu-
ments were received and
er mits to sell cigarettes and
lic cigarette papers within the
on City to Road Ranger #159,
is #160 and #161; Resolution
nd No. 453-07 Granting the
issuance of three renewal
on permits to sell cigarettes
ty and cigarette papers with-
ng in the City to A & B Tap,
of Aragon Tap, Cedar Cross
he Amoco, and Cue Master
s' Billiards; Resolution No.
f- 454-07 Granting the issu-
7 ance of a Class "B" Beer
9. Permit (Special 5-Day Li-
u- cense) to Carlos O'Kelly's;
d, and Class "C' Beer Permit
to Kwik Stop Food, Phillips
- 66/Arby's, Road Ranger
y #159, Road Ranger #160,
g and Road Ranger #161;
e and Resolution No. 455-07
al Granting the issuance of a
9 Class "C" Beer/Liquor Li-
f cense to Fat Tuesdays,
m Lucky 13 Tap, Angle's Bar,
e National Mississippi River
n Museum, and Chances R;
e and a Class "B" (WBN) Na-
d tive Wine to Diamond Jo
n (Portside) and Kwik Stop
e Food Mart were adopted.
e ITEMS TO BESET FOR
PUBLIC HEARING
- Motion by Michalski to
receive and file the docu-
ments, set the public hear-
ings as indicated, and di-
rect the City Clerk to pub-
lish notice as prescribed
by law. Seconded by
Lynch. Motion carried 7-0.
University of Dubuque
Residential Parking Permit
District: City Manager rec-
ommending that a public
hearing be set for Septem-
ber 17, 2007, to consider a
request from the University
of Dubuque for proposed
changes to parking on City
streets in and around the
University of Dubuque
campus. Upon motion the
documents were received
and filed and Resolution
No. 456-07 Setting a pub-
lic hearing on amending
Residential Parking Permit
District A to exclude Mc-
Cormick Street, from
Grace Street to Bennett
Street, and Bennett Street,
from McCormick Street to
Algona Street was adopt-
ed setting a public hearing
for a meeting to com-
mence at 6:30 p.m. on
September 17, 2007, at
thge Historic Federal Build-
BOARDS/COMMISSIONS
Applications were re-
viewed for the following
Boards/Commissions. Civ-
ic Center Commission:
Three 3-year expired terms
through June 29, 2010 -
Terms of Bakke, Brannon,
Nauman. Applicant: Rod
Bakke.
Appointments to the fol-
lowing Boards/Commis-
sions: Civil Service Com-
mission (Mayor's Appoint-
ment). One 4-year vacant
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Wendy Miller, a Billing 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: September 12, 2007, and for which the charge is $Z 15.28.
Subscribed to before me, a N ry Public in and for Dubuque County, Iowa,
this ~'f,~ day of , 20 ~.
Notary Public in and
County, Iowa.
~.~'A +. a`~R.~' K, Yv'ESTE~-iP.;EYER
^omn,issicr. N,;mter 95da85
-' n-.- k'$ Comm. Ezc FEB. i, 2008
1 r e and esolutio~ Rio. I term through April 6, 2008
Invocation was provided 447-07 Approving the ac- -Term of Wertzberger. Ap
by Reverend Dwayne quisition of real estate lo- plicants: John Stevens
Thoman, Nativity Church. cated at 2010 Kniest Paula Gieseman. Mayo
PROCLAMATIONS Street in the City of Dubu- Buol appointed Paul:
Dubuque Regional Drag- que was adopted. Gieseman to a 4-year va
on Boat Festival (Septem- Eagle Point Plant Clear cant term through April 6
ber 8 and 9, 2007) was ac- Well Rehabilitation Project: 2008, with City Counci
cepted by Doug City Manager recommend- concurrence.
McCallum, 9442 Noonan ing award of the public im- Zoning Advisory Com
Street; National Assisted provement contract for the mission: One 3-year va
Living Week (September 9 Eagle Point Plant Clear cant term through July 1
- 15, 2007). Well Rehabilitation Project 2009 -Term of Bichell. Ap
PRESENTATION to Tricon General Con- plicant: Charles Miller. Mo
The Community Partner struction Group in the lion by Michalski to ap
in Education Award was amount of $751,180.00. point Charles Miller to a 3-
presented to the City by Upon motion the docu- year vacant term througf
Dubuque Community ments were received and July 1, 2009. Seconded by
Schools Superintendent filed and Resolution No. Lynch. Motion carried 7-0.
John Burgart. 448-07 Awarding public PUBLIC HEARINGS
CONSENT ITEMS improvement contract for Upon motion the rules
Motion by Cline to re- the Eagle Point Water were suspended allowing
ceive and file the docu- Plant Clear Well Reservoir anyone to address the City
ments and dispose of as Rehabilitation Project was Council.
indicated. Seconded by adopted. Raven Oaks -Request to
Braig. Motion carried 7-0. Plastic Center, Inc. / Vacate: Proof of publica-
Minutes and Reports Sam's Club Project: City lion on notice of hearing to
Submitted: City Council of Manager recommending consider a request from
8/20 and 8/22; Proof of acceptance of the Quit Kluck Construction to va-
publication of City Council Claim Deed from Plastic cafe a portion of Raven
Proceedings of August 6, Center, Inc. for additional Oaks Drive abutting Lot 4
2007 and List of Claims public right-of-way along of Raven Oaks No. 2 and
and Summary of Revenues Asbury Road for the east' City Manager recommend-
for month ended July 31, lane widening project. ing approval. Motion by
2007; Library Board of Upon motion the docu- Connors to receive and file
Trustees Update from ments were received and the documents and adopt
meeting of June 27, 2007. filed and Resolution No. Resolution No. 457-07 Ap-
Upon motion the docu- 449-07 Accepting the proving plat of proposed
ments were received and deed to certain real estate vacated portion of Raven
filed. in Dubuque County, Iowa Oaks Drive; Resolution No.
Notice of Claims/Suits: from Plastic Center, Inc., 458-07 Vacating Lot 4A of
Ryan and Brenda Duve for d/b/a The Fischer Compa- Raven Oaks No. 2 in the
property damage; Teri Hies was adopted. City of Dubuque, Dubuque
Noel for property damage. Terminal Street Pumping County, Iowa; and Resolu-
Upon motion the docu- Station Electrical Upgrade lion No. 459-07 Disposing
ments were received and - Requesf for Proposals: of City interest in Lot 4A of
filed and referred to the City Manager recommend- Raven Oaks No. 2 in the
City Attorney. ing approval of the issu- City of Dubuque, Dubuque
City Attorney advising once of a Request for Pro- County, Iowa. Seconded
that the following claim posals (RFP) for the Termi- by Cline. Motion carried 7-0.
has been referred to Public Hal Street Pumping Station Vacation and Sale of Un-
Entity Risk Services of lo- Electrical Upgrade project. developed Alley: Proof of
wa, the agent for the Iowa Upon motion the docu- publication on notice of
Communities Assurance ments were received, filed, hearing to consider the va-
Pool: Ryan Duve for prop- and approved. cation and sale of an un-
erty damage. 2007 Justice Assistance developed alley near the
City Attorney recom- Grant (JAG): City Manager old Dubuque Meat Pack-
mending that the claim of recommending approval ing Plant to SB Develop-
Teri Noel for property and acceptance of the ment, LLC and City Man-
damage be referred to 2007 Edward Byrne Me- ager recommending ap-
Tricor Insurance and Fi- morial Justice Assistance proval. Motion by Cline to
nancial Services, insurer Grant (JAG) in the amount receive and file the docu-
for Fred Jackson of $53,747 to provide ments and withdraw from
Tuckpointing. funds for overtime for ille- consideration. Seconded
Upon motion the docu- gal drug investigations and by Connors. Motion Gar-
ments were received, filed special enforcement teams ried 7-0.
and concurred. and authorize the signing Town Clock Renovation
Five Flags Commission: of the award document. Project: Proof of publica-
Communications from Upon motion the docu- lion on notice of hearing to
Mark Nauman and Mike ments were received, filed, consider approval of the
Brannon submitting their and approved. plans and specifications,
resignations from the Five Flora Park Horseshoe form of contract, and esti-
Flags Civic Center Com- Courts: City Manager ad- mated cost for the Town
mission. Upon motion the vising that the Flora Park Clock Renovation Project
documents were received horseshoe courts have re- and City Manager recom-
and filed and resignations ceived the Horseshoe mending approval. Motion
accepted. Court Sanction Certificate by Lynch to receive and
John F. Kennedy Road from the National Horse- file the documents and
Sidewalks: Communica- shoe Pitchers Association adopt Resolution No. 460-
tions from Marion Martin of America which will allow 07 Approving plans and
Pliner, 2690 Marywood sanctioned leagues and specifications, form of
Drive, and Sheri and Pat tournaments. Upon motion contract and estimated
Clancy, 2691 Marywood the documents were re- cost for the Town Clock
Drive, in opposition to the ceived, filed, and ap- Renovation Project. Se-
installation of sidewalks on proved. conded by Jones. Motion
John F. Kennedy Road. East Central Intergovern- carried 7-0.
Michalski confirmed tha
she had signed the lette
despite a newspaper mis
print. Jones commendec
the family's reasonable anc
compassionate response
Motion carried 7-0.
409 Burch Street: Com
munication from Joseph J
Bitter requesting that the
hearing regarding the
property located at 40£
Burch Street be continuec
for at least two weeks.
City Manager recom-
mending that the Mayol
and City Council set a date
for a hearing to determine
whether 409 Burch Street
is a public nuisance ac-
cording to Chapters 23
and 26 of the Dubuque
Code of Ordinances.
Motion by Cline to re-
ceive and file the docu-
ments and schedule a
hearing fora meeting to
commence at 6:30 p.m. on
October 8, 2007, at tfte
Historic Federal Building.
Seconded by Connors.
Motion carried 7-0.
Downtown Rehabilitation
Loan and Fagade Grant -
Interstate Building, LLLP:
City Manager recommend-
ing approval of a Letter of
Commitment for the
Downtown Rehabilitation
Loan and Fagade Grant for
Interstate Building, LLLP
to support their rehabilita-
tion of the former Inter-
state Power Company
Building. Motion by Cline
to receive and file the
documents and adopt
Resolution No. 461-07 Au-
thorizing aLetter of Com-
mitment and additional ac-
tions concerning a Down-
town Rehabilitation Loan
and Fagade Grant for the
former Interstate Power
Company building.
Seconded by Connors.
Motion carried 7-0.
Downtown Rehabilitation
Loan and Fagade Grant -
Butt's Florist: City Manag-
er recommending approval
of a Letter of Commitment
for the Downtown Rehabil-
itation Loan and Fagade
Grant for Butt's Florist, Inc.
to support their rehabilita-
tion of property located at
233-241 Main Street. Mo-
tion by Connors to receive
and file the documents
and adopt Resolution No.
462-07 Authorizing a Let-
ter of Commitment and
additional actions con-
~erning a Downtown Re-
~abilitation Loan and
=a~ade Grant for the
3utt's Florist building.
Seconded by Cline. Mo-
:ion carried 7-0.
Memorandum of Under-
atanding -Miller Develop-
ment Group: City Manager
ecommending approval of
~ Memorandum of Under-
>tandina between the City
Street. Seconded by
Lynch. Michalski said that
these are three great proj-
ects. Braig said that the
City's commitment to
downtown Dubuque is
very exciting. Motion car-
ried 7-0.
Offer to Purchase - Du-
buque Initiatives: City
Manager recommending
approval to purchase ap-
proximately 1.8 acres in
the Dubuque Industrial
Center from Dubuque Ini-
tiatives to provide a site for
a West-end Fire Station.
Motion by Cline to receive
and file the documents
and adopt Resolution No.
464-07 Approving an Offer
to Buy real estate for real
estate located in the Du-
buque Industrial Center in
the City of Dubuque.
Seconded by Connors.
Michalski said that the City
Council members of Dubu-
que Initiatives were not in-
volved in the negotiations.
Motion carried 7-0.
Loras College -Request
to Purchase: Communica-
tion, dated August 8, 2007,
from James E. Collins,
President of Loras College,
requesting to purchase the
portion of Cox Street lo-
cated between Loras Bou-
levard and 17th Street.
Communication, dated
August 28, 2007, from
James E. Collins, Presi-
dent of Loras College, re-
garding the purchase of a
portion of Cox Street and
requesting that the issue
be referred to the City
Manager.
Communication from
Margaret Breese, 711
West 17th Street, in oppo-
sition to the requested
purchase of Cox Street by
Loras College.
Motion by Jones to re- '
ceive and file the docu-
ments and deny the re-
quest. Seconded by
Connors. Jones said that
he had heard from a num-
ber of residents who be-
lieve the City should not
be selling a public street
that people need. Connors
suggested working out a
solution with the college.
She could not support the
request; and if Loras Col-
ege needed to close the
street, they should submit
a Special Events permit.
Michalski said a public
street should not be turned
wer to a private entity.
She cited the same issue
Nith Clarke College re-
tarding acut-de-sac that
Nos voted down unani-
mously. Braig questioned
f she can vote because
the works at Loras Col-
ege. City Attorney Lindahl
laid yes she could. She al-
lo said that of the two let-
era raraivari frnm I r,r~~
ried 5-2 with Buol and
Braig voting nay.
Green Communities Ini-
tiative: City Manager pro-
viding an update on estab-
lishing Dubuque as a
Green Community and re-
questing City Council ap-
proval. Assistant City Man-
ager Steinhauser provided
a presentation. Motion by
Cline to receive and file the
documents and approve
the recommendation. Se-
conded by Lynch. Braig
asked if a citizen wants to
be on the committee, can
they contact Assistant City
Manager Steinhauser or
would it be up to City
Council. She said that the
neighborhood associations
have good representatives
and the committee will get
good citizen input from
them throughout the proc-
ess. Cline said neighbor-
hood associations are
good for the community
and anyone wanting an as-
sociation in their area
should contact Neighbor-
hood Development Spe-
cialist Jerelyn O'Connor.
Buol said citizens will be
heard. Motion carried 7-0.
Iowa League of Cities
Conference Budget: City
Manager recommending
that the budget for the City
to host the Iowa League of
Cities Conference be in-
creased from the existing
$10,000 allocation, up to
$14,845. Motion by
Michalski to receive and
file the documents and ap-
prove. Seconded by Braig.
Motion carried 7-0.
COUNCIL MEMBER
REPORTS
Connors said that local
school and city elections
will be taking place in the
next two months remind-
ing everyone to attend fo-
rums and get involved.
There being no further
business, upon motion the
meeting adjourned at 7:51
p. m.
/s/ Jeanne F. Schneider,
CMC, City Clerk
1t 9/12 _-