1 7 08 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session on January 7, 2008, in the Historic
Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
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 City Council.
Invocation was provided by Sr. Donard Collins, BVM
SWEARING IN
City Council Member At-Large David Resnick
City Council Member Second Ward Karla Braig
City Council Member Fourth Ward Dirk Voetberg
Mayor Pro-Tem Ric Jones
PROCLAMATION
Martin Luther King, Jr. Days (January 20 and 21, 2008) was accepted by Cammie Dean on
behalf of Faces & Voices and the NAACP Dubuque Chapter.
CONSENT ITEMS
Motion by Connors to receive and file the documents and dispose of as indicated. Seconded
by Braig. Voetberg requested (#2) Notice of Claims/Suits be held for separate discussion.
Braig requested (#16) Passenger Rail Station Study be held for separate discussion. Connors
requested (#19) Business License Refund be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 12/17; Civil Service Commission of 10/31;
Long Range Planning Advisory Commission of 12/12
Library Board of Trustees Update from the Meeting of December 14, 2007
Proof of publication of City Council Proceedings of December 3, 2007
Upon motion the documents were received and filed.
Notice of Claims/Suits: Lois K. Pearce for vehicle damage; Heather Price for vehicle
damage; Dirk Voetberg for vehicle damage; Terry Dolan vs. City of Dubuque; Mortgage
Electronic Registration Systems, Inc. vs. City of Dubuque, et al; Robert Kress for vehicle
damage; Kurt Becker for pet injury; Steve Cook for property damage; Joyce Whelan for vehicle
damage.
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: Heather Price for
vehicle damage; Larry and Brenda Huseman for property damage; Steve Cook for property
damage; Dirk Voetberg for vehicle damage; Robert Kress for vehicle damage.Motion by Jones
to receive and file and refer to the City Attorney. Seconded by Lynch. Motion carried 6-0 with
Voetberg abstaining.
Alternative Service Concepts (ASC) Fee Renewal – Workers’ Compensation: City Manager
recommending approval of the renewal rates from Alternative Service Concepts (ASC) for
workers’ compensation claims administration. Upon motion the documents were received,
filed, and approved.
Civil Service Commission: Civil Service Commission submitting the certified list for the
position of Firefighter. Upon motion the document was received and filed and made a Matter of
Record.
New Market Tax Credits: City Manager communication to John Gronen and Paul Butler,
Gronen Restoration, in support of New Market Tax Credits for their restoration project in the
900 block of Main Street. Upon motion the documents were received and filed.
Purchase of Property from Interstate Power and Light Company: City Manager
recommending acceptance of the warranty deed from Interstate Power and Light Company for
property in the Port of Dubuque. Upon motion the documents were received and filed and
Resolution No. 1-08 Accepting the deed to certain real estate in Dubuque County, Iowa from
Interstate Power and Light Company was adopted.
RESOLUTION NO. 1-08
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA
FROM INTERSTATE POWER AND LIGHT COMPANY
WHEREAS, the City of Dubuque entered into an Offer and Acceptance dated June 18,
2007, with Interstate Power and Light Company for the purchase of the following described
real property in Dubuque County, Iowa: A part of Lot 2 of 21, a part of Lot 2 of 22, a part of Lot
2 of 23, each in Block 26, Dubuque Harbor Improvement Company Addition, in the City of
Dubuque, Iowa, being comprised and made up of all that part of said lots lying southerly of the
southerly line of Fourth Street Extension; and Lot One (1) of Lot 22, Lot 1 of Lot 23, Lot 1 of
Lot 24, Lot 2 of Lot 24, Lot 1 of Lot 25, Lot 2 of Lot 25, and Lot 26, each in Block 26 of
Dubuque Harbor Improvement Company’s Addition in the City of Dubuque, Iowa, as shown on
plat in Book of Plats 27, page 66, Dubuque County Records, filed July 27, 1960.
AND WHEREAS, the terms of the Offer and Acceptance have now been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the Deed from Interstate Power and Light Company,
a copy of which is attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed
with the Dubuque County Recorder.
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Passed, approved and adopted this 7 day of January, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Iowa Department of Economic Development: Communication from the Iowa Department of
Economic Development advising that Medline Industries, Inc. has been awarded a $240,000
Community Economic Betterment Account Loan and a $240,000 Forgivable Loan. Upon
motion the document was received and filed.
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Purchase of Property – 506 Rhomberg Avenue: City Manager recommending approval of
the purchase of property at 506 Rhomberg Avenue as part of the acquisition program
associated with the Bee Branch Creek Restoration Project. Upon motion the documents were
received and filed and Resolution No. 2-08 Approving the acquisition of real estate located at
506 Rhomberg Avenue in the City of Dubuque was adopted.
RESOLUTION NO. 2-08
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 506
RHOMBERG AVENUE, IN THE CITY OF DUBUQUE
WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended
in the 2001 HDR “Drainage Basin Master Plan;” and
WHEREAS, a purchase agreement has been finalized with the owner of the thirty-third
property scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property:
Lot 18 in Smedley’s Subdivision in the City of Dubuque, Iowa, according to the recorded plat
thereof, at the cost of Ninety-two thousand dollars ($92,000).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim
deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the
herein described real estate.
Section 3. That the City Clerk be and she is hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and she is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 7th day of January, 2008.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Purchase of Property – 508 Rhomberg Avenue: City Manager recommending approval of
the purchase of property at 508 Rhomberg Avenue as part of the acquisition program
associated with the Bee Branch Creek Restoration Project. Upon motion the documents were
received and filed and Resolution No. 3-08 Approving the acquisition of real estate located at
508 Rhomberg Avenue in the City of Dubuque was adopted.
RESOLUTION NO. 3-08
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 508
RHOMBERG AVENUE, IN THE CITY OF DUBUQUE
WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended
in the 2001 HDR “Drainage Basin Master Plan;” and
WHEREAS, a purchase agreement has been finalized with the owner of the thirty second
property scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property:
Lot 17 and 17A in Smedley’s Subdivision in the City of Dubuque, Iowa, according to the
recorded plat thereof, at the cost of Ninety-two thousand dollars ($92,000).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim
deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the
herein described real estate.
Section 3. That the City Clerk be and she is hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and she is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 7th day of January, 2008.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
2007 Asphalt Paving Program: City Manager recommending acceptance of the 2007
Asphalt Paving Program as completed by River City Paving in the final contract amount of
$800,445.87. Upon motion the documents were received and filed and Resolution No. 4-08
Accepting the 2007 Asphalt Paving Program and authorizing payment of the contract amount
was adopted.
RESOLUTION NO. 4-08
ACCEPTING THE 2007 ASPHALT PAVING PROJECT AND AUTHORIZING THE
PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the 2007 Asphalt Paving Project (the Project)
has been completed and the City Engineer has examined the work and filed a certificate
stating that the Project has been completed according to the terms of the Public Improvement
Contract and that the City Engineer recommends that the Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the FY2008
Annual Street Program, Water Main Replacement Program, General Storm Sewer Repair
Funds, Street Program Related Sanitary Sewer, Flora Park – Overlay Main Roadway, Flora
Park – Overlay Volleyball Courts Parking Lot, Murphy Park – Asphalt Overlay Main Road,
Bunker Hill – Overlay Main Road and Parking Lot, Parking Division – Maintenance of Municipal
Parking Lots, Storm Sewer Improvements/Extensions, and Ellis Street Storm Sewer
appropriations for the contract amount of $800,445.87 less any retained percentage provided
for therein as provided in Iowa Code chapter 573, and to pay such retainage only in
accordance with the provisions of Iowa Code chapter 573.
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Passed, approved and adopted this 7 day of January, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2007 ASPHALT
PAVING PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the 2007 Asphalt Paving Project, that the Project has been performed in compliance
with the terms of the Public Improvement Contract, and that the total cost of the completed
work is $912,247.65.
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Dated this 3 day of January, 2008.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 3 day of January, 2008.
Jeanne F. Schneider, CMC, City Clerk
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Dubuque Industrial Center West 3 Addition / Contract A – Mass Grading Project: City
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Manager recommending acceptance of the Dubuque Industrial Center West 3 Addition /
Contract A Mass Grading Project as completed by WC Stewart Construction Co., in the final
contract amount of $2,926,388.35. Upon motion the documents were received and filed and
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Resolution No. 5-08 Accepting the Dubuque Industrial Center West 3 Addition / Contract A
Mass Grading Project and authorizing payment of the contract amount was adopted.
RESOLUTION NO. 5-08
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ACCEPTING THE DUBUQUE INDUSTRIAL CENTER WEST 3 ADDITION/CONTRACT A
MASS GRADING PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
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Whereas, the Public Improvement Contract for the Dubuque Industrial Center West 3
Addition/Contract A Mass Grading Project (the Project) has been completed and the City
Engineer has examined the work and filed a certificate stating that the Project has been
completed according to the terms of the Public Improvement Contract and that the City
Engineer recommends that the Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the TIF-
backed general obligation bond appropriations for the contract amount of $2,926,388.35 less
any retained percentage provided for therein as provided in Iowa Code chapter 573, and to
pay such retainage only in accordance with the provisions of Iowa Code chapter 573.
Section 3. A maintenance bond will be in effect for a period of one (1) year from the date of
final payment.
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Passed, approved and adopted this 7 day of January, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THEDUBUQUE
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INDUSTRIAL CENTER WEST 3 ADDITION/CONTRACT A MASS GRADING PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
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inspected the Dubuque Industrial Center West 3 Addition/Contract A Mass Grading Project,
that the Project has been performed in compliance with the terms of the Public Improvement
Contract, and that the total cost of the completed work is $3,297,273.35.
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Dated this 3 day of January, 2008.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 3 day of January, 2008.
Jeanne F. Schneider, CMC, City Clerk
Star Brewery Drive Construction Project: City Manager recommending acceptance of the
Star Brewery Drive Construction Project as completed by Portzen Construction, Inc. in the final
contract amount of $506,323.15. Upon motion the documents were received and filed and
Resolution No. 6-08 Accepting the Star Brewery Drive Construction Project and authorizing
payment of the contract amount was adopted.
RESOLUTION NO. 6-08
ACCEPTING THE STAR BREWERY DRIVE CONSTRUCTION PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Star Brewery Drive Construction Project
(the Project) has been completed and the City Engineer has examined the work and filed a
certificate stating that the Project has been completed according to the terms of the Public
Improvement Contract and that the City Engineer recommends that the Project be accepted;
and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the Port
New Street Construction Capital Improvement Project appropriation for the contract amount of
$506,323.15 less any retained percentage provided for therein as provided in Iowa Code
chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code
chapter 573.
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Passed, approved and adopted this 7 day of January, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE STAR BREWERY
DRIVE CONSTRUCTION PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Star Brewery Drive Construction Project, that the Project has been performed in
compliance with the terms of the Public Improvement Contract, and that the total cost of the
completed work is $560,743.30.
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Dated this 3 day of January, 2008.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 3 day of January, 2008.
Jeanne F. Schneider, CMC, City Clerk
Third Street Overpass Lighting Project: City Manager recommending acceptance of the
Third Street Overpass Lighting Project as completed by Giese Sheet Metal Co., Inc. in the final
contract amount of $45,223.49. Upon motion the documents were received and filed and
Resolution No. 7-08 Accepting the Third Street Overpass Lighting Project and authorizing
payment of the contract amount was adopted.
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RESOLUTION NO. 7-08
ACCEPTING THE THIRD STREET OVERPASS LIGHT REPLACEMENT PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Third Street Overpass Light
Replacement Project (the Project) has been completed and the City Engineer has examined
the work and filed a certificate stating that the Project has been completed according to the
terms of the Public Improvement Contract and that the City Engineer recommends that the
Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the Third
Street Overpass Light Replacement Capital Improvement Project appropriation for the contract
amount of $45,223.49 less any retained percentage provided for therein as provided in Iowa
Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa
Code chapter 573.
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Passed, approved and adopted this 7 day of January, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THETHIRD STREET
OVERPASS LIGHT REPLACEMENT PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Third Street Overpass Light Replacement Project, that the Project has been
performed in compliance with the terms of the Public Improvement Contract, and that the total
cost of the completed work is $49,438.26.
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Dated this 3 day of January, 2008.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 3 day of January, 2008.
Jeanne F. Schneider, CMC, City Clerk
Wilmac Property Company - Downtown Rehabilitation Loan Program: City Manager
recommending approval of a Letter of Commitment for a Downtown Rehabilitation Loan of
$300,000, a Design Grant of $10,000, and a Façade Grant of $10,000 for Wilmac Property
Company to support their rehabilitation of the 1000 Jackson Street building. Upon motion the
documents were received and filed and Resolution No. 8-08 Authorizing a Letter of
Commitment and additional actions concerning a Downtown Rehabilitation Loan, Design Grant
and Façade Grant to 1000 Jackson Street was adopted.
RESOLUTION NO. 8-08
A RESOLUTION AUTHORIZING A LETTER OF COMMITMENT AND ADDITIONAL
ACTIONS CONCERNING A DOWNTOWN REHABILITATION LOAN, DESIGN GRANT AND
FAÇADE GRANT TO 1000 JACKSON STREET
Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant
Program for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal
District; and
Whereas, the City of Dubuque, Iowa is encouraging the use of this loan/grant program to
finance code compliance activities and to spur job creation activities; and
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Whereas, the loan application from Wilmac Property Company meets the requirements of
this program; and
Whereas, a Commitment Letter, hereto attached and by this reference made a part hereof,
sets forth the terms and conditions of Wilmac Property Company participation in the Downtown
Rehabilitation Loan Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the application of Wilmac Property Company for participation in the
Downtown Rehabilitation Loan and Grant Program is hereby accepted and approved.
Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of
the City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to
Wilmac Property Company for review and approval.
Section 3. That the City Manager be and he is hereby directed to prepare, upon execution
and receipt of the attached Commitment Letter by the applicant and when loan funds become
available, the necessary loan documents in accordance with the terms and conditions set forth
in said Commitment Letter.
Section 4. That the City Manager is hereby authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized
to disburse loan funds from the Downtown Rehabilitation Loan/Grant Program, in accordance
with the terms and conditions of the executed agreement.
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Passed, approved and adopted this 7 day of January, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Downtown Rehabilitation Loan Program – Plastic Center, Inc.: City Manager recommending
approval of a Letter of Commitment for a Downtown Rehabilitation Loan of $300,000, Design
Grant of $10,000, and a Façade Grant of $10,000 for Plastic Center, Inc. to support the
rehabilitation of properties located at 951, 955-957, and 965 Main Street. Upon motion the
documents were received and filed and Resolution No. 9-08 Authorizing a Letter of
Commitment and additional actions concerning a Downtown Rehabilitation Loan, Design Grant
and Façade Grant to 951, 955-957, and 965 Main Street was adopted.
RESOLUTION NO. 9-08
A RESOLUTION AUTHORIZING A LETTER OF COMMITMENT AND ADDITIONAL
ACTIONS CONCERNING A DOWNTOWN REHABILITATION LOAN, DESIGN GRANT AND
FAÇADE GRANT TO 951, 955-957, AND 965 MAIN STREET
Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant
Program for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal
District; and
Whereas, the City of Dubuque, Iowa is encouraging the use of this loan/grant program to
finance code compliance activities and to spur job creation activities; and
Whereas, the loan application from Plastic Center, Inc. meets the requirements of this
program; and
Whereas, a Commitment Letter, hereto attached and by this reference made a part hereof,
sets forth the terms and conditions of Plastic Center, Inc. participation in the Downtown
Rehabilitation Loan Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the application of Plastic Center, Inc. for participation in the Downtown
Rehabilitation Loan and Grant Program is hereby accepted and approved.
Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of
the City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to Plastic
Center, Inc. for review and approval.
Section 3. That the City Manager be and he is hereby directed to prepare, upon execution
and receipt of the attached Commitment Letter by the applicant, the necessary loan
documents in accordance with the terms and conditions set forth in said Commitment Letter.
Section 4. That the City Manager is hereby authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized
to disburse loan funds from the Downtown Rehabilitation Loan/Grant Program, in accordance
with the terms and conditions of the executed agreement.
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Passed, approved and adopted this 7 day of January, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Passenger Rail Station Study: City Manager recommending acceptance of the consultant’s
recommendation that the proposed intermodal transit site in the Port of Dubuque is the best
option for a passenger rail station. Motion by Braig to receive and file the documents and
approve. Seconded by Connors. Motion carried 7-0.
Office of Energy Independence: Communication from Roya Stanley, Director of the Iowa
Office of Energy Independence, relating to the City of Dubuque’s energy efficiency initiatives.
Upon motion the document was received and filed.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa
advising that the Interstate Power Company Building will be considered by the State National
Register Nomination Review Committee for nomination to the National Register of Historic
Places on February 8, 2008. Upon motion the document was received and filed.
Business License Refund: Request of Greg A. Prehm for a refund of Liquor License No.
LC0031962. Motion by Connors to receive and file and approve. Seconded by Jones. Motion
carried 7-0.
Liquor License Renewal – Bricktown Brewery: City Manager recommending that the liquor
license renewal application for Bricktown Brewery be approved for a one-year period. Upon
motion the documents were received and filed and Resolution No. 10-08 Granting the
issuance of a Class “C” Beer/Liquor License to Bricktown Brewery was adopted.
RESOLUTION NO. 10-08
Whereas, applications for Liquor Licenses have been submitted to this Council for approval
and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the State Laws and all City Ordinances relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS “C” BEER/LIQUOR LICENSE
RB Restaurant Management Bricktown Brewery +(Sunday Sale/Brew 299 Main Street
Pub)
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Passed, approved and adopted this 7 day of January, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion the documents were received and filed and Resolution No. 11-08
Granting the issuance of one new permit to sell cigarettes within the City of Dubuque;
Resolution No. 12-08 Granting the issuance of a Class “C” Beer Permit to El Paisano Grocery
Store and Dubuque Clark; and Resolution No. 13-07 Granting the issuance of a Class “C”
Beer/Liquor License to Breezers Pub and The Lounge; Special Class “C” Liquor License to The
Gym; Class “B” Wine Permit to Dubuque Religious Center; and a Class “E” Liquor License to
Dubuque Clark were adopted.
RESOLUTION NO. 11-08
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the provisions of law relating to the sale of Cigarettes
within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers
within said City.
NEW
Dubuque Clark Dubuque Clark 700 Rhomberg Avenue
Passed, approved and adopted this 7th day of January, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 12-08
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
CLASS “C” BEER PERMIT
Inocente Rubio El Paisano Grocery Store+(Sunday Sale) 1543 Central Av
Dubuque Clark Dubuque Clark 700 Rhomberg Avenue
Passed, approved and adopted this 7th day of January, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 13-08
Whereas, applications for Liquor Licenses have been submitted to this Council for approval
and the same have been examined and approved; and
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Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the State Laws and all City Ordinances relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS “C” BEER/LIQUOR LICENSE
Breezers Pub Com. Breezers Pub+(Sunday Sale) 600 Central Av
Phillip Love The Lounge+(Sunday Sale) 481 Locust St
SPECIAL CLASS “C” LIQUOR LICENSE
Revive, Inc. The Gym+(Sunday Sale) 1097 Elm Street
CLASS “B” (WINE)
Dubuque Religious Center Dubuque Religious Center 923 Main St
CLASS “E” LIQUOR LICENSE
Dubuque Clark Dubuque Clark 700 Romberg Avenue
Passed, approved and adopted this 7th day of January, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch 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.
Sale of Property – Traut Terrace (Tabled on December 17, 2007): City Manager
recommending that a public hearing be set for January 22, 2008 to consider a request from
Gregory Laufenberg and Linda K. Laufenberg to purchase 11 feet of Traut Terrace abutting the
property at 46 Diagonal Street. Upon motion the documents were received and filed and
Resolution No. 14-08 Resolution of Intent to vacate and dispose of City interest in Lot 8A of
Dunn’s Subdivision in the City of Dubuque, Dubuque County, Iowa, was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on January 22, 2008, in the Historic
Federal Building.
RESOLUTION NO. 14-08
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 8A OF
DUNN’S SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Gregory Laufenberg has requested the vacating and disposal of a portion of Traut
Terrace south of Diagonal Street; and
Whereas, Buesing & Associates has prepared and submitted to the City Council a plat
showing the vacated portion of Traut Terrace south of Diagonal Street and assigned a lot
number thereto, which hereinafter shall be known and described as Lot 8A of Dunn’s
Subdivision in the City of Dubuque, Dubuque County, Iowa, should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot 8A of
Dunn’s Subdivision in the City of Dubuque, Dubuque County, Iowa.
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Section 2. That the conveyance of Lot 8A of Dunn’s Subdivision in the City of Dubuque,
Dubuque County, Iowa, to Gregory Laufenberg be contingent upon the payment of $1,211.00,
publication and filing fees of $100.00 and the surveying and platting costs.
Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of
intent to vacate and dispose of said real estate to be published in the manner as prescribed by
law.
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Passed, approved and adopted this 7 day of January, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Comprehensive Plan Update: City Manager recommending that a public hearing be set for
January 22, 2008 to consider approval of the update of the 2002 Comprehensive Plan. Upon
motion the documents were received and filed setting a public hearing for a meeting to
commence at 6:30 p.m. on January 22, 2008, in the Historic Federal Building.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions; Mediacom Charitable Foundation (Two 1-year terms through
December 31, 2008 – Terms of Hall and Chavenelle). Applicant: Gail Chavenelle
Appointments to the following Boards/Commissions:
Housing Code Appeals Board (One expired three-year term through January 11, 2009).
Applicant: Ryan Killburg (Ineligible because of County residency)
Human Rights Commission (Three 3-year terms expiring January 1, 2011 – Terms of
Rubinstien, Foster and Ross). Applicants: Colin Scott, Dan Chatfield, Marcos Rubinstien.
Motion by Connors to appoint Colin Scott, Dan Chatfield, and Marcos Rubinstien to 3-year
terms expiring January 1, 2011. Seconded by Braig. Motion carried 7-0.
Transit Board of Trustees (One vacant 3-year term through July 30, 2009 – Term of Kies).
Applicants: Don Stedman, Harry Bemis. Upon 6-1 vote, Don Steadman was appointed to a 3-
year term through July 30, 2009, with Voetberg voting for Bemis.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Dubuque Industrial Center Economic Development District: Proof of publication on notice of
public hearing to consider the removal of the North Siegert Farm and the Rail Site from the
Dubuque Industrial Center Economic Development District and City Manager recommending
approval.
Communication from the Long Range Planning Advisory Commission in support of the
amendment to the Dubuque Industrial Center Economic Development District
Motion by Jones to receive and file the documents and adopt Resolution No. 15-08
Amending the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District. Seconded by Lynch. Motion carried 7-0
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RESOLUTION NO. 15-08
A RESOLUTION APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN
FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT
Whereas, on November 19, 2007 the City Council of the City of Dubuque, Iowa set a public
hearing to approve an Amended and Restated Urban Renewal Plan (the "Plan") for the
Dubuque Industrial Center Economic Development District (the "District"); and
Whereas, the City of Dubuque's primary objective in amending this Plan is to eliminate the
North Siegert Farm and Rail Site from the District; and
Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has
found that said document is consistent with the Comprehensive Plan for the development of
the City of Dubuque as a whole and has transmitted its findings to the City Council; and
Whereas, a consultation process is not needed to eliminate property from an urban renewal
area; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a
public hearing on the proposed amended and restated Plan after public notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial
Center Economic Development District attached hereto and made reference to herein and the
removal of the North Siegert Farm and Rail Site described therein, be approved.
Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and
directed to file a certified copy of the Resolution in the office of the Dubuque County Recorder.
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Passed, approved and adopted this 7 day of January, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Tobacco Free Coalition: Communication from Angie Brandel, Anti-Tobacco Coordinator –
Hillcrest Family Services, requesting City Council support for local control over tobacco-free
environments. Motion by Connors to receive and file the documents and refer to the City
Manager. Seconded by Jones. Motion carried 7-0.
Downtown Neighborhood Council Streetscape Project: Historic Preservation Commission
recommending approval of $8,520 in Historic District Public Improvement Program (HDPIP)
funding to install two “black strap” benches in Jackson Park and approximately 45 planters
throughout the Jackson Park Historic Preservation District. Motion by Jones to receive and file
the documents and approve. Seconded by Lynch. Motion carried 7-0.
Shot Tower Rehabilitation Project: Historic Preservation Commission recommending
approval of the reallocation of $100,000 in Historic District Public Improvement Program
(HDPIP) funding from the Four Mounds Estate to the Shot Tower Rehabilitation Project. Motion
by Lynch to receive and file the documents and approve. Seconded by Connors. Motion
carried 7-0.
February 19, 2008 City Council Meeting: City Manager recommending that the City Council
meeting scheduled for Tuesday. February 19, 2008 (due to President’s Day) be changed to
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Monday, February 18, 2008. 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 Lynch.
Motion carried 7-0
Motion by Connors for final consideration and passage of Ordinance No. 1-08 Changing the
date for the second regular City Council meeting in February 2008 from February 19, 2008, to
February 18, 2008. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 1-08
CHANGING THE DATE FOR THE SECOND REGULAR CITY COUNCIL MEETING IN
FEBRUARY 2008 FROM FEBRUARY 19, 2008 TO FEBRUARY 18, 2008
Section 1. Sec. 2-33. Types of meetings, of the City of Dubuque Code of Ordinance
notwithstanding, the second regular City Council meeting in February 2008 shall be held on
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the 18 day of February.
Section 2. This Ordinance shall take effect upon publication.
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Passed, approved and adopted the 7 day of January, 2008.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 11 day of January, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
City Council Appointments to Various Boards and Commissions: Motion by Connors to
receive and file the documents. Seconded by Jones. Motion carried 7-0.
Communication from M. Thomas Stovall, Executive Director of Operation: New View
Community Action Agency, requesting that the City make appointments to the Board of
Directors at the first meeting in January 2008 (currently City Council Members Ric Jones and
Karla Braig, and a representative appointed by the City Manager). Motion by Braig to appoint
Jones and Resnick to the Board of Directors for Operation: New View Community Action
Agency. Seconded by Connors. Motion carried 7-0.
Communication from the Dubuque Racing Association Board of Directors requesting
appointment of representatives to the DRA Board of Directors for 2008 (currently Mayor Roy
D. Buol, Council Members Kevin Lynch and Ric Jones, and City Manager Michael C. Van
Milligen). Motion by Braig to appoint Buol, Lynch, Jones, and Van Milligen to the Dubuque
Racing Association Board of Directors. Seconded by Connors. Motion carried 7-0
City Manager requesting appointment of a City Council liaison to the Long Range Planning
Advisory Commission. Motion by Connors to appoint Voetberg as liaison to the Long Range
Planning Advisory Commission. Seconded by Braig. Motion carried 7-0.
Dubuque Initiatives requesting appointment of a City Council liaison to the Board of
Directors. Motion by Connors to appoint Voetberg as liaison to the Dubuque Initiatives Board
of Directors. Seconded by Lynch. Motion carried 7-0.
Metropolitan Area Solid Waste Agency: Motion by Connors to appoint Resnick to the
Metropolitan Area Solid Waste Agency Board. Seconded by Lynch. Motion carried 7-0.
Dubuque Main Street: Motion by Lynch to appoint Resnick to the Dubuque Main Street
Board. Seconded by Braig. Motion carried 7-0.
Four Mounds Foundation: Motion by Connors to appoint Braig to the Four Mounds
Foundation Board. Seconded by Lynch. Motion carried 7-0
Greater Dubuque Development Corporation: Motion by Voetberg to appoint Lynch and
Connors to the Greater Dubuque Development Corporation Board. Seconded by Jones.
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Motion carried 7-0.
COUNCIL MEMBER REPORTS
Jones reminded everyone that Special Olympics begins Monday, January 14, 2008.
Connors publicly thanked the Public Works Department for their hard work during the recent
snow storms.
There being no further business, upon motion the City Council adjourned at 7:05 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
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