2 18 08 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on Monday, February 18,
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 Rick Mihm of the Dubuque Rescue Mission.
PROCLAMATION
Friendship Force Day (March 1, 2008) was accepted by Gail Noel, 2104 Bennett Street, and
Phyllis Lee, 520 S. Grandview Avenue.
CONSENT ITEMS
Motion by Connors to receive and file the documents and dispose of as indicated. Seconded
by Braig. Lynch requested (#4) East-West Corridor Study be held for separate discussion.
Connors requested (#12) Center on Sustainable Communities-Certified Sustainable
Professional held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: Airport Commission of 12/17; City Council of 2/4 and 2/11;
Human Rights Commission of 1/14; Zoning Advisory Commission of 1/30; Zoning Board of
Adjustment of 1/24
Proof of publication of City Council Proceedings for January 22, 2008
Printed City Council Proceedings for 2006
Upon motion the documents were received and filed and approved as printed.
Notice of Claims/Suits: Rosemarie Orbell for vehicle damage; Ben Otten for vehicle
damage; Katherine E. Kluesner vs. City of Dubuque; Kyle Coohey for vehicle damage. Upon
motion the documents were received and filed and referred to the City Attorney.
City Attorney advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Rosemarie Orbell for
vehicle damage. Upon motion the documents were received, filed, and concurred.
Bunker Hill Golf Course Management Agreement: City Manager recommending approval of
the management agreement with G.M.S., Inc., (George Stephenson) for the Bunker Hill Golf
Course for the period beginning March 1 through November 30, 2008. Upon motion the
documents were received, filed, and approved.
East-West Corridor Connectivity Study: City Manager recommending approval of the
selection of HDR for engineering services to complete the East - West Corridor Connectivity
Study. Motion by Lynch to receive and file the documents and approve. Seconded by Jones.
Lynch asked if there was a plan of action and what the impact on Asbury Road would be.
Assistant City Engineer Bob Schiesl responded saying that Asbury Road is the first corridor to
be studied with possible intersection and turn lanes being recommended. The study is
expected to yield master plan ideas that can be implemented 20-30 years out. It will include
the study of some north-south corridors as they relate to east and west routes. Braig stated
that this issue arises often with her constituents and is more than just adding lights. Van
Milligen added that the resurfacing of Asbury Road is in the Public Works Department’s short-
term plan to resurface 10 miles of City roads per year. Some of Asbury Road will be done this
coming summer, and it will be evaluated against results of the study. Motion carried 7-0.
Payment Enhancements for Ambulance Service: City Manager recommending approval of
additional alternatives for paying ambulance bills through website access and use of credit and
debit cards. Upon motion the documents were received, filed, and approved.
Port of Dubuque Adams Development, LLC: City Manager recommending approval of the
Assignment of Development Agreement between the City of Dubuque, Port of Dubuque Adams
Development, LLC and the Durrant Group, LLC to Dubuque Bank and Trust Company. Upon
motion the documents were received, filed, and approved.
Teamsters Local Union No. 421: City Manager recommending approval of the Collective
Bargaining Agreement between the City of Dubuque and the Teamsters Local Union No. 421.
Upon motion the documents were received and filed and Resolution No. 56-08 Approving the
Agreement between the City of Dubuque, Iowa, and the Teamsters Local Union No. 421 and
authorizing the Mayor to sign the Agreement was adopted.
RESOLUTION NO. 56-08
APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE
TEAMSTERS LOCAL UNION NO. 421 AND AUTHORIZING THE MAYOR TO SIGN THE
AGREEMENT
Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act,
Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is a public employer within the meaning of Section 3 (1) of
the Public Employment Relations Act; and
Whereas, the Teamsters Local Union No. 421 is an employee organization within the
meaning of Section 3 (4) of the Public Employment Relations Act; and
Whereas, the Teamsters Local Union No. 421, submitted a request to bargain collectively
on behalf of the employees within its representation; and
Whereas, bargaining between the parties has occurred and an agreement has been
concluded.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the terms of the agreement be approved and the Mayor authorized and
directed to sign the collective bargaining agreement.
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Passed, approved and adopted this 18 day of February, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Historic Preservation Commission: Michael Coty submitting his resignation from the Historic
Preservation Commission, effective immediately. Upon motion the documents were received
and filed and the resignation accepted.
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2007 Urban Revitalization Program Applications: City Manager recommending approval of
2007 Urban Revitalization Program applications for residential property tax exemption. Upon
motion the documents were received and filed and Resolution No. 57-08 Approving residential
property tax exemption applications submitted by property owners in recognized urban
revitalization areas and authorizing the transmittal of the approved applications to the City
Assessor was adopted.
RESOLUTION NO. 57-08
RESOLUTION APPROVING PROPERTY TAX EXEMPTION APPLICATIONS SUBMITTED
BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND
AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY
TAX ASSESSOR
Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to
exempt property taxes for improvements made to properties in designated revitalization areas;
and
Whereas, the Urban Revitalization Act requires property owners to submit a written
application for exemption by February 1 of the assessment year for which the exemption is first
claimed, and further requires the City Council to approve all applications that meet the
requirements of the adopted Urban Revitalization Plan and forward the approved applications
to the City Assessor for review by March 1 of each year; and
Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban
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Revitalization Areas were established: Washington Neighborhood, Jackson Park, West 11
Street, and Langworthy; and
Whereas, the City of Dubuque, as of February 1, 2008, received tax exemption applications
from the following property owners in the aforementioned urban revitalization district:
Washington Neighborhood Urban Revitalization Area: 2108 Washington-Betty Griffin; 1543
Washington-Roger Richards; 1636 Jackson-Skyline Properties; 1646 Jackson-Skyline
Properties; 1845 Washington-Michael Armstrong (Commercial); 2175 Central-National Retail
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Property (Commercial); West 11 Street Urban Revitalization Area: 550 Arlington-Robert
Johnson and Bethany Golombeski; 535 Chestnut -Don & Lisa Leik; 570 Arlington-Brad Parks;
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485 Arlington-Chad & Laura Witthoeft; 1010/1012 Wilson-Joseph Healy; 633 West 16 Street -
David & Bridget Stipanovich; 1323 & 1325 Bluff Street-David Luchsinger & Susan Kearns; 970
Grove Terrace-Mike & Suzanne Blouin; Jackson Park Urban Revitalization Area: 1433 Main-
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Scottt Hendron (2007 improvements only); 135 West 17 Street -Robert McDonnell & Timothy
Coonley; Langworthy Urban Revitalization Area: 265 Alpine- Julie Lott
Whereas, the Housing and Community Development Department and Building Services
have reviewed the above-described applications and inspected the properties, and have
determined that the applications and the improvements conform to all requirements of the City
of Dubuque’s Urban Revitalization Plan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the above-described tax exemption applications meet the requirements of
the City of Dubuque’s Urban Revitalization Plans.
Section 2. That the above-described tax exemption applications are hereby approved by the
City Council, subject to the review and approval of the City Assessor.
Section 3. That the City Clerk is hereby authorized and directed to forward the above-
described tax exemption applications to the City Assessor.
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Passed, approved and adopted this 18 day of February 2008.
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Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Arts and Cultural Entertainment District: City Manager recommending approval of submitting
a request to the Iowa Department of Cultural Affairs for expansion of the Arts and Cultural
Entertainment District to include the Warehouse District. Upon motion the documents were
received and filed and Resolution No. 58-08 Expanding the Dubuque Arts and Cultural
Entertainment District was adopted.
RESOLUTION NO. 58-08
EXPANDING THE DUBUQUE CULTURAL AND ENTERTAINMENT DISTRICT
Whereas, the Iowa Department of Cultural Affairs has certified the Dubuque Cultural and
Entertainment District; and
Whereas, the expansion of the Cultural and Entertainment District is consistent with the
Downtown Master Plan; and
Whereas, the expansion of the Cultural and Entertainment District will assist the Downtown
District and the community to enhance public-private partnerships to support culture and
entertainment.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor is hereby authorized and directed to sign this resolution on behalf of
the City of Dubuque and submit the request to the Iowa Department of Cultural Affairs to
expand the Dubuque Cultural and Entertainment District.
Section 2. The City Council agrees to participate in the development and support of said
Cultural and Entertainment District and directs the City Manager to actively support and
cooperate with the governing board of Dubuque Main Street to develop and maintain the
expanded Cultural and Entertainment District.
Passed, approved and adopted this 18th day of February, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Washington Court/Crescent Community Health Center – Warranty Deed: City Manager
recommending acceptance of the warranty deed from Washington Court, L.P., and Pine Box,
L.L.L.P., related to the property exchange for the parking lot of the Crescent Community Health
Center project. Upon motion the documents were received and filed and Resolution No. 59-08
Accepting the deed to certain real estate in Dubuque County, Iowa from Washington Court,
L.P. and Pine Box, L.L.L.P. was adopted.
RESOLUTION NO. 59-08
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA
FROM WASHINGTON COURT, L.P. AND PINE BOX, L.L.L.P.
WHEREAS, the City of Dubuque entered into an Agreement with Washington Court, L.P.
and Pine Box, L.L.L.P. dated November 20, 2006 for the purchase of the following described
real property in Dubuque County, Iowa: Washington Court First Addition to the City of
Dubuque, Dubuque County, Iowa; and
WHEREAS, the terms of the Agreement 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 Washington Court, L.P. and Pine
Box, L.L.L.P. attached hereto.
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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 18 day of February, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Center on Sustainable Communities – Certified Sustainable Professional: City Manager
advising that Building Services Manager Rich Russell has passed the Building and Sustainable
Iowa Workshop test and is now a “COSC Certified Sustainable Professional.” Motion by
Connors to receive and file the documents. Seconded by Jones. Connors congratulated Rich
Russell on his certification. Motion carried 7-0.
Liquor License Transfer: Application of the Julien Inn to temporarily transfer their liquor
license from 200 Main Street to 700 White Street on February 19, 2008. Upon motion the
documents were received, filed, and approved.
Liquor License Refunds: Request of Kevin Seymour, Rudy’s Tacos, for a refund of Liquor
License #LC0034830 in the amount of $422.50.
Request of Carroll’s Wine Company for a refund of Liquor License #BW0092187 in the
amount of $253.13.
Request of Pat Broessel, Corner Tap, for a refund of Liquor License #LC25829 in the
amount of $211.25.
Upon motion the documents were received, filed, and approved.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 60-08 Granting the issuance of a Class “C” Beer Permit to Econo Foods, Lee’s 76 West
Locust Mart, Hy-Vee Gas #3 and Hy-Vee #3; and Resolution No. 61-08 Granting the issuance
of a Class “C” Beer/Liquor License to Gin Rickeys, Isabella’s at the Ryan House, Bootleggers
Pub, The Club House, Tony’s Place, Dubuque Mining Company, and Mr. Rogers Pub; Special
Class “C” Liquor License to Pusateri’s; Class “B” Wine Permit to Econo Foods and Hy-Vee #3;
and Class ”WBN” Native Wine to Hy-Vee Gas #3 were adopted.
RESOLUTION NO. 60-08
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
Nash Finch Company Econo Foods#471+(Sunday Sale) 3355 JFK Road
Lee Potter Sr. Lee’s 76 West Locust Mart+(Sunday Sale) 408 W Locust Street
Hy-Vee, Inc. Hy-Vee Gas# 3+(Sunday Sale) 300 Locust Street
Hy-Vee, Inc. Hy-Vee # 3+(Sunday Sale) 400 Locust Street
Passed, approved and adopted this 18th day of February, 2008.
Roy D. Buol, Mayor
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Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 61-08
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:
That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS “C” BEER/LIQUOR LICENSE
HE-FR Ltd. Gin Rickeys+(Sunday Sale) 1447 Central Avenue
Isabella’s at the Ryan Isabella’s at the Ryan House 1375 Locust Street
House +(Sunday/Outdoor Sale)
Bootleggers Pub, Inc. Bootleggers Pub+(Sunday Sale) 1689 Elm Street
Melvin Spiegelhalter The Club House 2364 Washington
Charles Steffen Tony’s Place+(Sunday Sale) 1701 Central Avenue
The Apartments Ltd. Dubuque Mining Co+(Sunday Sale) 555 JFK Road
Steve Althoff Silver Dollar Cantina 342 Main Street
Mr. Rogers Pub LLC Mr. Rogers Pub+(Sunday Sale) 2093 Washington
SPECIAL CLASS “C” LIQUOR
Pusateri Enterprises, Inc. Pusateri’s+(Sunday Sale) 2400 Central Avenue
CLASS “B” WINE
Nash Finch Company Econo Foods # 471 3355 JFK Road
Hy-Vee, Inc. Hy-Vee # 3 400 Locust Street
CLASS “WBN” NATIVE WINE
Hy-Vee, Inc. Hy-Vee Gas # 3 300 Locust Street
Passed, approved and adopted this 18th day of February, 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 for Items to Be Set #2-#5, 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.
Carnegie-Stout Public Library Renovation Project (Tabled on January 22, 2008): Library
Board of Trustees recommending initiation of the public bidding procedure for the Carnegie-
Stout Public Library Renovation Project and that a public hearing be set for March 3, 2008.
City Manager recommending that the request from the Library Board of Trustees to initiate
the public bidding procedure for the Carnegie-Stout Public Library Renovation Project not be
approved until the funds have been raised to complete the project.
Motion by Connors to remove from table. Seconded by Braig. Motion carried 7-0.
Motion by Connors to receive and file the documents and deny adoption of the resolution.
Seconded by Jones. Van Milligen read his recommendation into the record. Connors said that
it has been stated from the beginning that there would be no City funding until the Library’s
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fundraising was complete. She could not support going to bid with a project that is $2 million
short in funding. Voetberg stated that he is bothered by putting City assets up as collateral and
that the property cited by the Library belongs to the citizens and is not the private property of
the Library. Jones said that although everyone is excited about the project, he cannot support
mortgaging assets to leverage money. Buol stated that there was too much money in play and
he was not in favor of initiating bidding. Motion to receive and file and deny adoption of the
resolution carried 7-0.
Iowa Wireless Services, LLC: City Manager recommending that a public hearing be set for
March 3, 2008 to consider a proposed lease of space to Iowa Wireless Services, LLC for a
telecommunication antenna facility in Madison Park. Upon motion the documents were
received and filed and Resolution No. 62-08 Resolution of Intent to dispose of an interest in
real property owned by the City of Dubuque by lease agreement between the City of Dubuque,
Iowa and Iowa Wireless Services, LLC for the installation and operation of a wireless
telecommunication antenna facility was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on March 3, 2008, in the Historic Federal Building.
RESOLUTION NO. 62-08
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED
BY THE CITY OF DUBUQUE BY LEASE AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND IOWA WIRELESS SERVICES, LLC FOR THE INSTALLATION AND
OPERATION OF A WIRELESS TELECOMMUNICATION ANTENNA FACILITY
WHEREAS, the City Council of the City of Dubuque, Iowa encourages the expansion of
wireless communication services to its citizens, businesses and institutions while at the same
time minimizing safety and aesthetic concerns posed by the construction of new towers and
monopoles in residential areas; and
WHEREAS, Iowa Wireless Services, LLC is the holder of a current Federal Communications
Commission License to provide certain wireless communication services for sale in and around
the City of Dubuque; and
WHEREAS, Iowa Wireless Services, LLC desires to expand its signal coverage area and
enhance the quality and capacity of its technical infrastructure by installing and operating a
wireless telecommunication antenna facility in Madison Park owned by the City of Dubuque
and located at North Main Street in Dubuque, Iowa; and
WHEREAS, the City of Dubuque desires to lease to Iowa Wireless Services, LLC certain
space in Madison Park along with ground space for the purpose of installation and operation of a
wireless telecommunication facility; and
WHEREAS, representatives of Iowa Wireless Services, LLC and the City of Dubuque have
negotiated terms for a Lease Agreement, now on file with the City Clerk, which the City Council
finds beneficial to the community; and
WHEREAS, the City Council has tentatively determined that it would be in the best interest of
the City to enter into the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque intends to lease space in Madison Park and
ground space in support of an equipment building pursuant to the terms of the Lease Agreement.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and
Notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s
intent to lease space in Madison Park and ground space, to be held on the 3rd day of March,
2008, at 6:30 o’clock p.m. at the Historical Federal Building, 350 W. 6th Street, Dubuque, Iowa.
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Passed, approved and adopted this 18th day of February, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cleveland Avenue Reconstruction Project: City Manager recommending preliminary
approval of the construction plans and specifications for the Cleveland Avenue Reconstruction
Project, using the City standard width for collector streets of 37 feet, approval of the Resolution
of Necessity and the Preliminary Schedule of Assessments, and that a public hearing be set
for March 3, 2008. Upon motion the documents were received and filed and Resolution No. 63-
08 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting
date of public hearing on plans, specifications, form of contract, and estimated cost; and
ordering bids for the Cleveland Avenue Reconstruction Project; Resolution No. 64-08
Approving the plat, preliminary schedule of assessments and estimate of total cost and setting
date of public hearing on Resolution of Necessity; and Resolution No. 65-08 Resolution of
Necessity for the Cleveland Avenue Reconstruction Project – Bryant Street to Villa Street were
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 3, 2008, in
the Historic Federal Building.
RESOLUTION NO. 63-08
CLEVELAND AVENUE RECONSTRUCTION PROJECT
BRYANT STREET TO VILLA STREET
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Cleveland
Avenue Reconstruction Project – Bryant Street to Villa Street, in the estimated amount
$2,271,011.81, are hereby preliminarily approved and ordered filed in the office of the City
Clerk for public inspection.
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A public hearing will be held on the 3 day of March, 2008, at 6:30 p.m. in the Historic
Federal Building Council Chambers at which time interested persons may appear and be
heard for or against the proposed plans and specifications, form of contract and estimated cost
of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or estimated
cost of the Project.
The Cleveland Avenue Reconstruction Project – Bryant Street to Villa Street is hereby
ordered to be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
published not less than four but not more than forty-five days before the date for filing bids
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before 2:00 p.m. on the 27 day of March, 2008. Bids shall be opened and read by the City
Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the
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7 day of April, 2008, in the Historic Federal Building Council Chambers (second floor), 350
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West 6 Street, Dubuque, Iowa.
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Passed, adopted and approved this 18 day of February, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 64-08
CLEVELAND AVENUE RECONSTRUCTION PROJECT
BRYANT STREET TO VILLA STREET
APPROVING THE PLAT, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL
COST AND SETTING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY
Whereas, the proposed Resolution of Necessity for the Project has been introduced for the
Project.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The attached plat, schedule of assessments, and estimate of total cost for the Cleveland
Avenue Reconstruction Project – Bryant Street to Villa Street and the proposed Resolution of
Necessity are hereby approved and ordered placed on file in the Office of the City Clerk.
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The City Council will meet on the 3 day of March 2008, at 6:30 o’clock p.m. at the Historic
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Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa, at
which time the owners of property subject to assessment for the proposed improvement or any
other person having an interest in the matter may appear and be heard for or against the
making of the improvement, the boundaries of the district, the cost, the assessment against
any lot, or the final adoption of a resolution of necessity.
A property owner will be deemed to have waived all objections unless at the time of hearing
the property owner has filed objections with the City Clerk.
The City Clerk be and is hereby authorized and directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall be published once each week for two
consecutive weeks, the first publication of which shall be not less than ten days prior to the day
fixed for its consideration.
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Passed, approved and adopted this 18 day of February, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 65-08
RESOLUTION OF NECESSITY FOR THE CLEVELAND AVENUE RECONSTRUCTION
PROJECT – BRYANT STREET TO VILLA STREET
Whereas, the plat, schedule of assessments, and estimate of total cost for the Cleveland
Avenue Reconstruction Project – Bryant Street to Villa Street have been duly prepared and
approved by the City Council of the City of Dubuque and ordered placed on file in the office of
City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The Cleveland Avenue Reconstruction Project - Bryant Street to Villa Street will provide for
the reconstruction of underground utilities, roadway sub-base and the construction of a new
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37-foot wide concrete roadway and the replacement of existing sidewalks along both sides of
Cleveland Avenue between Bryant Street and Villa Street.
The project will incorporate upgrades to the existing sanitary sewer system that include: the
complete reconstruction of approximately 3,065 lineal feet of 8-inch mainline sewer; the
reconstruction of 16 deteriorated brick manholes; and the replacement of 94 private sanitary
sewer laterals. The project will also include the reconstruction of approximately 3,600 lineal
feet of watermain, mainline valves, fire hydrants, and the replacement of 63 lead residential
water services. The project also provides for the construction of approximately 1,585 lineal feet
of new storm sewer and 19 catch basins.
There is on file in the office of the City Clerk an estimated total cost of the work, and a
preliminary plat and schedule showing the amount proposed to be assessed to each lot for the
improvement.
The date, time, and place the council will hear property owners subject to the assessment
and interested parties for or against the improvement, its cost, the assessment, or the
boundaries of the district:
The City Council deems it advisable and necessary for the public welfare to make the herein
mentioned improvements.
Unless a property owner files objections with the City Clerk at the time of hearing on the
resolution of necessity, the property owner is deemed to have waived all objections pertaining
to the regularity of the proceeding and the legality of using the special assessment procedure.
Said improvements shall be constructed in accordance with the plans and specifications
which have been approved by the City Council and are now on file in the Office of the City
Clerk. The cost of making such improvement will be assessed against property lying with the
assessment limits.
The above resolution was introduced, approved and ordered placed on file with the City
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Clerk this 18 day of February, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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West 32 Street Detention Basin Project: City Manager recommending initiation of the
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public bidding process for the West 32 Street Detention Basin Project and that a public
hearing be set for March 3, 2008 to consider approval of the plans and specifications, form of
contract and estimated cost. Upon motion the documents were received and filed and
Resolution No. 66-08 Preliminary approval of plans, specifications, form of contract, and
estimated cost; setting date of public hearing on plans, specifications, form of contract, and
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estimated cost; and ordering bids for the West 32 Street Detention Basin Project was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 3, 2008, in
the Historic Federal Building.
RESOLUTION NO. 66-08
ND
WEST 32 STREET DETENTION BASIN PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
nd
The proposed plans, specifications, form of contract and estimated cost for the West 32
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Street Detention Basin Project, in the estimated amount $4,288,809.35, are hereby
preliminarily approved and ordered filed in the office of the City Clerk for public inspection.
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A public hearing will be held on the 3 day of March, 2008, at 6:30 p.m. in the Historic
Federal Building Council Chambers at which time interested persons may appear and be
heard for or against the proposed plans and specifications, form of contract and estimated cost
of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or estimated
cost of the Project.
nd
The West 32 Street Detention Basin Project is hereby ordered to be advertised for bids for
construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
published not less than four but not more than forty-five days before the date for filing bids
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before 2:00 p.m. on the 20 day of March, 2008. Bids shall be opened and read by the City
Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the
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7 day of April, 2008, in the Historic Federal Building Council Chambers (second floor), 350
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West 6 Street, Dubuque, Iowa.
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Passed, adopted and approved this 18 day of February, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITC Development Agreement: City Manager recommending that a public hearing be set for
March 3, 2008 to consider the disposition of approximately 12.951 acres in Dubuque Industrial
Center West to ITC Holdings Corporation and approval of a Development Agreement. Upon
motion the documents were received and filed and Resolution No. 67-08 Resolution of Intent
to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing
of 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 ITC Holdings Corporation, and providing for the publication of notice thereof was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 3, 2008, in
the Historic Federal Building.
RESOLUTION NO. 67-08
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND
FIXING THE DATE FOR A PUBLIC HEARING OF 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 ITC HOLDINGS CORPORATION, AND
PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the
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Property); Lot 2 of 2 of Dubuque Industrial Center West 7 Addition in the City of Dubuque,
Iowa; and
Whereas, City and ITC Holdings Corporation have entered into a Development Agreement,
11
subject to the approval of the City Council, a copy of which is now on file at the Office of the City
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Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa, pursuant to which City will convey the
Property to ITC Holdings Corporation as shown on Exhibit A attached hereto; and
Whereas, the City Council has tentatively determined that it would be in the best interests of
the City to approve the Development Agreement, including the conveyance of the Property to ITC
Holdings Corporation; and
Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal
Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to
enter into the Development Agreement relating thereto for the purpose of carrying out an
Urban Renewal Plan as hereinafter described; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of the
meeting at which the City Council proposes to take action thereon and at which meeting the
City Council shall receive oral and/or written objections from any resident or property owner of
said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described
Property by Deed to ITC Holdings Corporation.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's
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intent to dispose of the foregoing-described Property, to be held on the 3 day of March, 2008, at
6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th St.,
Dubuque, Iowa.
Section 3. The City Council will also meet at said time and place for the purpose of taking
action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the
execution of the Development Agreement relating thereto with ITC Holdings Corporation, the
proceeds of which obligations will be used to carry out certain of the special financing activities
described in the Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District, consisting of the funding of economic developments grants to ITC
Holdings Corporation pursuant to the Development Agreement under the terms and conditions
of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment
Revenue obligations is approximately $716,000.
Section 4. The Clerk is hereby directed to cause at least one publication to be made of a
notice of said meeting, in a newspaper, printed wholly in the English language, published at
least once weekly, and having general circulation in said City, said publication to be not less
than four days nor more than twenty days before the date of said meeting on the issuance of
said obligations.
Section 5. That the notice of the proposed action to issue said obligations shall be in
substantially the form [provided].
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Passed, approved and adopted this 18 day of February, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions: Community Development Advisory Commission (Three 3-year
terms through February 15, 2011 – Two Low/Moderate Income Area; One At-Large [Terms of
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Oliver, Shaw, Craddieth). Applicants: Ann Michalski (At-Large), David Shaw (Low/Moderate),
Janice Craddieth (Low/Moderate). Ann Michalski, 1520 Altura Street, spoke in support of her
at-large appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Cable Television Franchise Agreement: Proof of publication on notice of public hearing to
consider an amendment to the Cable Television Franchise Agreement to add Sageville School
to the Institutional Network and approving a separate agreement between the City, Dubuque
Community School District and Mediacom that details the terms of adding Sageville School to
the I-Net and City Manager recommending approval. 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. 7-08 Approving the
Third Amendment to the Cable Franchise Agreement between the City of Dubuque, Iowa and
MCC Iowa, LLC, that details the terms of adding Sageville School to the I-Net. Seconded by
Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 7-08
APPROVING THE THIRD AMENDMENT TO THE CABLE FRANCHISE AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA AND MCC IOWA, LLC
WHEREAS, on May 2, 2005, the City Council adopted Ordinance No. 28-05 approving a
Cable Franchise Agreement between the City of Dubuque, Iowa (City) and MCC Iowa, LLC
(Mediacom); and
WHEREAS, City and Mediacom now desire to amend the Cable Franchise Agreement as
set forth in the attached Third Amendment to Cable Franchise Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The Third Amendment to Cable Franchise Agreement attached hereto is hereby
approved.
Section 2. This Ordinance shall take effect upon publication.
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Passed, approved and adopted this 18 day of February, 2008.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
nd
Published officially in the Telegraph Herald Newspaper the 22 day of February, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
THIRD AMENDMENT
TO CABLE FRANCHISE AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA
AND
MCC IOWA, LLC
This Third Amendment to Cable Franchise Agreement dated for reference purposes the
10th day of March, 2008, is made and entered into by and between the City of Dubuque, Iowa,
13
and MCC Iowa, LLC.
1. Exhibit B, I-Net Site List, is amended as follows:
(b) The following site shall be added to the I-Net:
?
Sageville School, 12015 Sherrill Road, via six fibers connecting
to Fulton School.
2. The costs for connecting Sageville School shall be paid by Dubuque Community
Schools. Grantee has determined that these costs shall not exceed $61, 406.99.
CITY OF DUBUQUE, IOWA MCC IOWA, LLC
/s/Roy D. Buol, Mayor /s/Bruce Gluckman
VP of Legal and Regulatory Affairs
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
Windsor Avenue Storm Sewer Construction Project: Proof of publication on notice of public
hearing to consider the plans and specifications, form of contract and estimated cost for the
Windsor Avenue Storm Sewer Construction Project and City Manager recommending
approval. Motion by Jones to receive and file the documents and adopt Resolution No. 68-08
Approving plans, specifications, form of contract, and estimated cost for the Windsor Avenue
Storm Sewer Construction Project. Seconded by Connors. Connors stated that she was
grateful for this project and that it might help the street flooding in the area. Motion carried 7-0.
RESOLUTION NO. 68-08
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE WINDSOR AVENUE STORM SEWER EXTENSION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Windsor
Avenue Storm Sewer Extension Project, in the estimated amount $224,886.95, are hereby
approved.
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Passed, adopted and approved this 18 day of February, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Medical Associates Clinic / Robert Hartig – Planned Unit Development District (PUD)
Amendment (First Reading on February 4, 2008): City Manager providing additional
information on the Medical Associates Clinic PUD Amendment and City Council actions on
PUD amendment requests over the past five years.
Communications from Tim and Georgia Schmitt, 2575 Donovan Drive; Eric Kaufmann,
owner of 3814 Cora Drive; Emily K. Bush and Marcus J. Albers, 3828 Cora Drive; Rick Stumpf,
3840 Cora Drive; Joan Steve, 3910 Cora Drive; Dorothy Stumpf, 3840 Cora Drive; Joe
Hallahan, 79 Diagonal Street; Dianne Glanz, 1305 North Grandview; Mary Pat Kerper, 3830
Cora Drive; A.J. Kerper, 240 Devon Drive; and Larry Stumpf in opposition to the proposed
rezoning.
Motion by Connors to receive and file the documents and to consider this the second
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reading of an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the
Medical Associates West Campus Planned Unit Development District and by repealing
Ordinances 24-94, 32-96 and 35-99 and which includes the language from Medical Associates
describing their proposed conditions of the green space. Planning Services Manager Laura
Carstens responded to inquiries by the City Council that there are no conditions attached to
this amendment and that two of the City’s 24 PUD areas have been amended. This ordinance
would be adopted as is, but wording regarding the green space screening could be added if
the City Council desired. Jones said he favored adding the specific language provided by
Medical Associates for the benefit of the adjacent property owners. Lindahl said that it can be
included in the Ordinance for the third reading. Connors clarified a misperception by a citizen
that she had visited with a citizen regarding the zoning issue. She noted that a third-ward
citizen contacted her about green space and was not for or against this issue. She has spoken
with the City Attorney about the issue. Lindahl stated that contact with citizens cannot be
prevented, and disclosing all communications from citizens to the City Clerk for the record is
the recommended procedure for zoning issues. Resnick asked Carstens what the reasons
were for changes in the two of the City’s previous PUDs and if they had been challenged.
Carstens recalled the Dubuque Industrial Center West PUD amendment for the Hormel facility
involving the North Siegert Farm for which the adjacent property owners did speak of their
concerns. Voetberg stated that he believed Medical Associates has land available elsewhere
on its campus that can be utilized, and holding land for use in 20 or 30 years was not a
persuasive argument. Braig said she appreciated hearing from the neighbors about their
concerns, but the pictures provided by Medical Associates of residents encroaching on its
property in terms of vehicle storage and drainage were influential. She said she plans to vote
to hold Medical Associates to their promise and won’t chip away at green space. Buol said he
will support the project, and Medical Associates has provided a good solution that is also good
for the neighbors. Motion carried 4-3 with Resnick, Voetberg, and Braig voting nay.
Dubuque Regional Airport Terminal Relocation Project: City Manager recommending that
the fair market value for property at 10719 Merlin Lane, which is needed for the Dubuque
Regional Airport Terminal Relocation Project, be established at $809,000. Motion by Voetberg
to receive and file the documents and adopt Resolution No. 69-08 Establishing the Fair Market
Value of real property at 10719 Merlin Lane, Dubuque, Iowa, owned by Ronald Bradley, Jeffrey
Bradley, and Brian Bradley was adopted. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 69-08
ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY AT 10719 MERLIN
LANE, DUBUQUE, IOWA, OWNED BY RONALD BRADLEY, JEFFREY BRADLEY, AND
BRIAN BRADLEY
WHEREAS, Ronald Bradley, Jeffrey Bradley, and Brian Bradley (Owners) are the owners of
the real property at 10719 Merlin Lane legally described as follows (the Property):
Lot 2 of Lot 3 of the W ½ of the NW ¼ of Section 36, Township 88 North, Range 2 East of
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the 5 P.M., Dubuque County, Iowa, according to the United States Government Survey and
the recorded plats thereof, subject to easements of record;
Lot 1 of Lot 1 of Lot 5, and Lot A of Lot 2, both of the Subdivision of the W ½ of the NW ¼ of
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Section 36, Township 88 North, Range 2 East of the 5 P.M., Dubuque County, Iowa,
according to the United States Government Survey and the recorded plats thereof, subject to
easements of record;
Lot 2 of Merlin Bradley, Second Addition, in Section 36, Township 88 North, Range 2 East
15
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of the 5 P.M., in Dubuque County, Iowa, according to the United States Government Survey
and the recorded plats thereof;
The North ¾ of the N ½ of the SW 1/4; Lot 1 of Lot 1 of the W ½ of the NW ¼ and Lot 2 of
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Merlin Bradley Addition, all in Section 36, Township 88 North, Range 2 East of the 5 P.M., in
Dubuque County, Iowa, according to the United States Government Survey and the recorded
plats thereof, subject to highway, and,
Lot 2 of the SE ¼ of the NW ¼; and the SW ¼ of the NW ¼, except ½ acre in the SW
Corner thereof deeded to Independent School District of Table Mound Township; Lot 2 of Lot 2
of the NW ¼ of the NW ¼; Lot 3 of Lot 1 of Lot 2 of Lot 1 of the NE ¼ of the NW ¼; all in
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Section 35,Township 88 North, Range 2 East of the 5 P.M., in Dubuque County, Iowa,
according to the United States Government Survey and the recorded plats thereof, less right of
way conveyed to the State of Iowa and/or the State Highway Commission for road purposes,
and that part sold to the City of Dubuque, Iowa, for airport purposes; and together with and
subject to all rights and easements of record, from November 13, 1996, title to which rests in
Ronald Bradley, Jeffrey Bradley and Brian Bradley, each owning an undivided 1/3 interest, and
doing business as Bradley Farms, and
WHEREAS, the City of Dubuque (City) intends to acquire the Property for the Dubuque
Regional Airport Terminal Relocation Project; and
WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with
Owners to purchase the Property before proceeding with condemnation; and
WHEREAS, City may not make an offer to purchase the Property which is less than the fair
market value City has established for the Property; and
WHEREAS, City has caused an appraisal of the Property to be made and the appraised
value of the Property is $809,000.00; and
WHEREAS, the City Council now desires to establish the fair market value of the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The fair market value of the Property is hereby established to be $809,000.00.
2. The Dubuque Regional Airport Manager and the City Attorney are hereby authorized to
commence negotiations with Owners of the Property and any other interested parties for the
purchase of the Property for a purchase price which is not less than the fair market value
established by this Resolution.
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Passed, approved and adopted this 18 day of February, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Liquor License Application – Players Bar and Grill: City Manager recommending that the
current license for Players Bar and Grill be allowed to continue past the expiration date of
March 5, 2008, allowing for a sixty-day review period. Motion by Connors to receive and file
the documents and approve. Seconded by Braig. Motion carried 7-0.
Fiscal Year 2009 – 2013 Street Construction Program: City Manager recommending
approval of the Fiscal Year 2009 – 2013 Street Construction Program. Motion by Lynch to
receive and file the documents and adopt Resolution No. 70-08 Adopting the Fiscal Year 2009
– 2013 Street Construction Program. Seconded by Voetberg. Motion carried 7-0.
16
RESOLUTION NO. 70-08
ADOPTING THE FIVE-YEAR STREET CONSTRUCTION PROGRAM FOR FISCAL YEARS
2009-2013
Whereas, a recommended Five-Year Street Construction Program for the Fiscal Years
2009-2013 beginning July 1, 2008, and ending June 30, 2013, for the City of Dubuque has
been prepared and submitted to the City Council; and
Whereas, the Five-Year Street Construction Program: 1) describes specific capital
improvement projects; 2) provides estimated costs for those projects; 3) proposes sources of
funding; and 4) schedules the fiscal/calendar year during which each project will be
undertaken; and
Whereas, the capital improvement projects for the first year of such five-year program are
included in the Fiscal Year 2009 budget; and
Whereas, the adoption of the Five-Year Street Construction Program is a prudent measure
to provide continuity of programs and is in the best interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Five-Year Street Construction Program for Fiscal Years 2009-2013
beginning July 1, 2008, set out in the Fiscal Years 2009-2013 recommended Capital
Improvement Budget, is hereby approved and adopted as the proposed allocation of City
resources for capital improvements as scheduled in the years shown, subject to annual review
and revision.
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Passed, approved and adopted this 18 day of February, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Multi-Function Printer-Copier-Scanner-Fax Vendor: City Manager recommending approval
of the selection of Solutions Management Group (SMG) to provide the multifunction printer-
copier-scanner-fax machines for the City. Motion by Connors to receive and file the documents
and approve. Seconded by Jones. Lynch questioned the difference in the five-year estimated
cost and why the lowest vendor was not chosen. Information Services Manager Chris
Kohlmann explained that selecting a vendor involved workflow implementation, document and
records management, total hours of training, experience with similar projects, and knowledge
of software not total cost alone. Braig congratulated Kohlmann on completing the long process.
Connors commended Kohlmann for her detailed work and clearly stated information. Motion
carried 5-2 with Lynch and Voetberg voting nay.
Parking Ordinance: City Manager recommending approval of an ordinance for no parking on
the west side of Iowa Street between Sixth and Seventh Streets to accommodate the new
KeyLine transfer point, and to add parking meters to the previous site in the 900 block of Main
Street. 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 passage of Ordinance No. 8-08 Amending City
of Dubuque Code of Ordinances Section 32-321.666 Municipal Parking Meter District
Established by amending the north – south streets in the District from Main Street, both sides,
between Tenth Street and Loras Boulevard to Main Street, both sides, between Ninth Street
and Loras Boulevard and the east – west streets in the District from Ninth Street, south side,
between Locust Street and the alley west of Main Street to Ninth Street, south side, between
Locust Street and Main Street; and Ordinance No. 9-08 Amending City of Dubuque Code of
17
Ordinances Section 32-321.602 Parking Prohibited on Designated Streets or Portions Thereof.
Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 8-08
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-321.666
MUNCIPAL PARKING METER DISTRICT ESTABLISHED BY AMENDING THE NORTH-
SOUTH STREETS IN THE DISTRICT FROM MAIN STREET, BOTH SIDES, BETWEEN
TENTH STREET AND LORAS BOULEVARD TO MAIN STREET, BOTH SIDES, BETWEEN
NINTH STREET AND LORAS BOULEVARD AND THE EAST-WEST STREETS IN THE
DISTRICT FROM NINTH STREET, SOUTH SIDE, BETWEEN LOCUST STREET AND THE
ALLEY WEST OF MAIN STREET TO NINTH STREET, SOUTH SIDE, BETWEEN LOCUST
STREET AND MAIN STREET.
Section 1. City of Dubuque Code of Ordinances § 32-321.666 is amended to read as
follows: Sec. 32-321.666. Municipal Parking Meter District Established.
There is hereby established a municipal parking meter district to be comprised of streets
and/or portions thereof as follows:
. . .
NORTH-SOUTH STREETS
. . .
Main Street, both sides, between Ninth Street and Loras Boulevard.
. . .
EAST-WEST STREETS
. . .
Ninth Street, south side, between Locust Street and Main Street.
. . .
Section 2. This Ordinance shall take effect on publication.
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Passed, approved and adopted the 18 day of February, 2008.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
nd
Published officially in the Telegraph Herald Newspaper the 22 day of February, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 9-08
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-321.602 PARKING
PROHIBITED ON DESIGNATED STREETS OR PORTIONS THEREOF.
Section 1. City of Dubuque Code of Ordinances § 32-321.602 is amended to read as
follows: Sec. 32-321.602. Parking Prohibited on Designated Streets or Portions Thereof:
. . . .
(d) No-Parking-At-Any-Time Zones Designated: When signs are erected giving notice
thereof, no person shall, at any time, park a vehicle upon any of the following described streets
or parts of streets:
. . . .
Grandview Avenue, North, north side, from Audubon Street to Rosedale Street and from a
point approximately three hundred feet (300') west of Algona Street to Clarke Drive; both sides,
from Kaufmann Avenue to a point approximately eight hundred feet (800') south of Kaufmann
Avenue.
. . . .
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(f) No Parking Six O’clock A.M. To Six O’clock P.M. Monday Through Saturday Except
Holidays: When signs are erected giving notice thereof, no person shall park a vehicle
between the hours of six o'clock (6:00) A.M. to six o'clock (6:00) P.M., Monday through
Saturday, except holidays, upon the following streets or parts of streets:
. . . .
Iowa Street, west side, from Sixth Street to Seventh Street.
. . . .
Section 2. This Ordinance shall take effect on publication.
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Passed, approved and adopted the 18 day of February, 2008.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
nd
Published officially in the Telegraph Herald Newspaper the 22 day of February, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
Concealed Weapons Ordinance: City Manager recommending approval of a revision to the
Code of Ordinances regarding carrying concealed weapons. 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 Connors. Braig questioned if the City’s Ordinance would then be
easier than the State’s. Lindahl said that the City is limited to misdemeanors and cannot
charge for aggravated criminal offenses. Persons can be charged under the State Code.
Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 10-08 Amending City
of Dubuque Code of Ordinances Section 33-10 Carrying Concealed Weapons by adding
exceptions to such offense. Seconded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 10-08
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 33-10 CARRYING
CONCEALED WEAPONS BY ADDING EXCEPTIONS TO SUCH OFFENSE.
Section 1. City of Dubuque Code of Ordinances § 33-10 is amended to read as follows:
Sec. 33-10. Carrying Concealed Weapon:
It shall be unlawful for any person to carry under such person's clothes or concealed
about their person or to be found in possession of any slingshot, knuckles of metal or
other material, air gun, or any other weapon other than a knife.
This section does not apply to any of the following:
(a) A person who goes armed with a dangerous weapon in the person's own
dwelling or place of business, or on land owned or possessed by the person.
(b) A peace officer, when the officer's duties require the person to carry such
weapons.
(c) A member of the armed forces of the United States or of the national guard or
person in the service of the United States, when the weapons are carried in connection
with the person's duties as such.
(d) A correctional officer, when the officer's duties require, serving under the authority
of the Iowa department of corrections.
(e) A person who for any lawful purpose carries an unloaded pistol, revolver, or other
dangerous weapon inside a closed and fastened container or securely wrapped
package which is too large to be concealed on the person.
(f) A person who for any lawful purpose carries or transports an unloaded pistol or
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revolver in a vehicle inside a closed and fastened container or securely wrapped
package which is too large to be concealed on the person or inside a cargo or luggage
compartment where the pistol or revolver will not be readily accessible to any person
riding in the vehicle or common carrier.
(g) A person while the person is lawfully engaged in target practice on a range
designed for that purpose or while actually engaged in lawful hunting.
(h) A person who carries a knife used in hunting or fishing, while actually engaged in
lawful hunting or fishing.
(i) A person who has in the person's possession and who displays to a peace officer
on demand a valid permit to carry weapons which has been issued to the person, and
whose conduct is within the limits of that permit. A person shall not be convicted of a
violation of this section if the person produces at the person's trial a permit to carry
weapons which was valid at the time of the alleged offense and which would have
brought the person's conduct within this exception if the permit had been produced at
the time of the alleged offense.
(j) A law enforcement officer from another state when the officer's duties require the
officer to carry the weapon and the officer is in this state for any of the following
reasons:
(1) The extradition or other lawful removal of a prisoner from this state.
(2) Pursuit of a suspect in compliance with chapter 806.
(3) Activities in the capacity of a law enforcement officer with the
knowledge and consent of the chief of police of the city or the sheriff of the
county in which the activities occur or of the commissioner of public safety.
(k) A person engaged in the business of transporting prisoners under a contract with
the Iowa department of corrections or a county sheriff, a similar agency from another
state, or the federal government.
Section 2. This Ordinance shall take effect on publication.
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Passed, approved and adopted the 18 day of February, 2008.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
nd
Published officially in the Telegraph Herald Newspaper the 22 day of February, 2008.
/s/Jeanne F. Schneider, CMC, City Clerk
Water Pollution Control Plant Work Session: City Manager recommending that the work
session regarding the Water Pollution Control Plant Renovation Study upgrade be rescheduled
from March 31, 2008 to April 14, 2008. Motion by Lynch to receive and file the documents and
approve. Seconded by Braig. Van Milligen confirmed that the work session would be held at
the same time with the same structure, which includes a plant tour. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Braig requested consensus on scheduling a future work session regarding the Purchase of
Service process at the next City Council meeting. Van Milligen will work on it.
Jones said that the background information on Purchase of Services that he recently
requested from the City Manager could be compiled for use at the work session.
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CLOSED SESSION
Motion by Braig to convene in closed session at 7:50 p.m. regarding pending litigation
pursuant to Chapter 21.5(1)(c) 2007 Code of Iowa. Seconded by Lynch. Motion carried 7-0.
Motion by Braig to reconvene to open session. Seconded by Connors. Motion carried 7-0.
Council reconvened in open session at 8:00 p.m. stating that staff had been given proper
direction.
There being no further business, upon motion, City Council adjourned at 8:01 p.m.
/s/Kevin S. Firnstahl
Assistant City Clerk
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