5 19 08 City Council Proceedings Officiail
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on May 19, 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 Mayor Roy D. Buol.
PROCLAMATION
Senator Mike Connolly Day (May 19, 2008) was accepted by Senator Mike Connolly.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Braig. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 5/5/08; Civil Service Commission of
4/10/08; Human Rights Commission of 4/14/08; Park and Recreation Commission of 4/8/08;
Zoning Advisory Commission of 5/7/08; Zoning Board of Adjustment of 4/24/08
Proof of Publication of City Council Proceedings of April 21, 2008
Proof of Publication of List of Claims and Summary of Revenues for Month Ended March
31, 2008
Upon motion the documents were received and filed.
Notice of Claims/Suits: Spring Connolly for vehicle damage: Deneen Milton for property
damage, Cody Stuter for vehicle damage, John White vs. City of Dubuque, and Marion O’Mara
for property damage. Upon motion the documents were received and filed and referred to the
City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Deneen Milton for
property damage, Mary Ransdell for property damage, and Cody Sutter for vehicle damage.
Upon motion the documents were received, filed and concurred.
Request to Vacate: Communication from Kevin and Paula Wade requesting to purchase a
portion of City-owned property adjacent to 2290 Shiras Avenue. Upon motion the documents
were received and filed and referred to the City Manager.
Civil Service Commission: Civil Service Commission submitting certified lists for Traffic
Signal Technician II and Truck Driver. Upon motion the documents were received and filed and
made a Matter of Record.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa
advising that the Dubuque Millworking District will be considered by the State National Register
Nominations Review Committee for nomination to the National Register of Historic Places.
Upon motion the documents were received and filed.
Citizen Communication: Thomas and Cinda Welu submitting correspondence opposing the
removal of trees along the riverfront near the Star Brewery. Upon motion the documents were
received and filed.
YMCA of Dubuque Letter of Support: City Manager submitting a letter of support for the
YMCA of Dubuque’s Pioneering Healthy Communities Grant. Upon motion the documents
were received, filed, and approved.
Urban Deer Management Program: City Manager requesting approval of the City’s 2008-
2009 Urban Deer Management Plan. Upon motion the documents were received, filed and
approved.
Purchase of Property – 2128 Kniest Street: City Manager recommending approval of the
purchase of property located at 2128 Kniest Street as part of the Bee Branch Creek
Restoration Project. Upon motion the documents were received and filed and Resolution No.
161-08 Approving the acquisition of real estate located at 2128 Kniest Street in the City of
Dubuque was adopted.
RESOLUTION NO. 161-08
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2128
KNIEST STREET, 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 storm water 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 fortieth 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:
The Westerly 38 feet of the Easterly 86 feet of Lot 1, and the Northerly 37 feet of the
Easterly 48 feet of Lot 1, in “L. Kniest’s Subdivision of part of Mineral Lot No. 314” in the City of
Dubuque, Iowa, according to the recorded plat thereof.
At the cost of Seventy-five thousand dollars ($75,000).
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.
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Passed, approved and adopted this 19 day of May, 2008.
Roy D. Buol, Mayor
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Attest: Kevin S. Firnstahl, Assistant City Clerk
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Purchase of Property – 320 East 24 Street: City Manager recommending approval of the
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purchase of property located at 320 East 24 Street as part of the Bee Branch Creek
Restoration Project. Upon motion the documents were received and filed and Resolution No.
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162-08 Approving the acquisition of real estate located at 320 East 24 Street as part of the
Bee Branch Creek Restoration Project was adopted.
RESOLUTION NO. 162-08
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 320
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EAST 24 STREET, 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 storm water 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 forty first
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:
Lots 1 and 2 of “HEITZMANN PLACE”, in the City of Dubuque, Iowa, according to the
recorded plat thereof.
At the cost of Sixty-three thousand five hundred dollars ($63,500).
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.
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Passed, approved and adopted this 19 day of May, 2008.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
Acceptance of Deed – Arthur P. Frommelt Estate: City Manager recommending acceptance
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of the deed to property from the Arthur P. Frommelt estate for the 32 Street Detention Basin
Project. Upon motion the documents were received and filed and Resolution No. 163-08
Accepting the deed to certain real estate in Dubuque County, Iowa from the Estate of Arthur P.
Frommelt was adopted.
RESOLUTION NO. 163-08
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA
FROM THE ESTATE OF ARTHUR P. FROMMELT
WHEREAS, the City of Dubuque entered into an Agreement with the Estate of Arthur P.
Frommelt for the purchase of the following described real property in Dubuque County, Iowa:
Lots 11, 12, 13, 14, and 15 Finks Subdivision in the City of Dubuque, Iowa; and
WHEREAS, the terms of the Agreement have now been met.
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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 the Estate of Arthur P. Frommelt
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 19 day of May, 2008.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
Dubuque Marina Leases: City Manager recommending assignment of two lease
agreements between Dubuque Marina, Inc. to M&K, Ltd., and between M&K, Ltd., and East
Dubuque Savings Bank. Upon motion the documents were received, filed, and approved.
Terrace Estates Third Addition: City Manager recommending acceptance of the public
improvements on Enstrom Court and Cessna Drive which the developer, Terrace Homes, LLC,
has recently completed in Terrace Estates Third Addition. Upon motion the documents were
received and filed and Resolution No. 164-08 Accepting public improvements in Terrace
Estates Third Addition was adopted.
RESOLUTION NO. 164-08
ACCEPTING PUBLIC IMPROVEMENTS IN TERRACE ESTATES THIRD ADDITION
Whereas, pursuant to Resolution 341-06, certain public improvements were installed by the
developer of Terrace Estates Third Addition.
Whereas, the improvements have been completed and the City Manager has examined the
work and has filed a certificate stating that the same has been completed in accordance with
the plans approved by the City Council and in conformance with City specifications, and has
recommended that the improvements be accepted by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said public
improvements in Terrace Estates Third Addition be and the same is hereby accepted.
Section 2. That maintenance of said public improvements shall be the responsibility of the
owner and contractor for a period of two (2) years from the date of this resolution.
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Passed, approved and adopted this 19 day of May, 2008.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
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Request for Proposals – 18 Street Office Facility Re-Occupancy: City Manager
recommending approval of the issuance of a request for proposals for re-occupancy of the
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former Housing and Community Development Department offices at 18 Street and Central
Avenue. Upon motion the documents were received, filed, and approved.
Request for Proposals – Bee Branch Historic District Mitigation Plan: City Manager
recommending approval of the issuance of a request for proposals to identify a consultant to
prepare and implement the Bee Branch Historic District Mitigation Plan as required for the Bee
Branch Creek Restoration Project. Upon motion the documents were received, filed, and
approved.
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Request for Proposals – Kephart Building Renovation: City Manager recommending
approval of the issuance of a request for proposals for architectural design and construction
administration services for the Kephart Building Improvement Project. Upon motion the
documents were received, filed, and approved.
Request for Proposals – Riverside Marina Project: City Manager recommending approval of
the issuance of a request for proposals for professional consultant services to complete the
preliminary development, environmental review, final design and construction documents for
the Port of Dubuque Riverside Marina Project. Upon motion the documents were received,
filed, and approved.
Warehouse District Master Plan: City Manager recommending approval of acceptance of a
financial assistance award in the amount of $75,000 from the Economic Development
Administration for a Warehouse District Master Plan. Upon motion the documents were
received and filed and Resolution No. 164A-08 Approving a financial assistance award from
the Economic Development Administration (EDA) was adopted.
RESOLUTION NO. 164A-08
A RESOLUTION APPROVING A FINANCIAL ASSISTANCE AWARD FROM THE
ECONOMIC DEVELOPMENT ADMINISTRATION (EDA).
Whereas, the Envision 2010 process chose the Warehouse District as one of the top 10
community projects for the City of Dubuque, and
Whereas, the Dubuque Warehouse District has been characterized as an important area of
the community for its historical and architectural significance, and
Whereas, property owners of the district and citizens of Dubuque wish to see the
Warehouse District revitalized, and
Whereas, it is in the best interests of the City of Dubuque to encourage the revitalization of
the area, and
Whereas, the City has received a grant from the Economic Development Administration to
assist in preparing a Master Plan for the Warehouse District.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, AS
FOLLOWS:
Section 1. The attached Financial Assistance Award is hereby approved.
Section 2. The Mayor is hereby allowed to sign the award on behalf of the City.
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Passed, approved and adopted this 19 day of May 2008.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
Legislative Correspondence: City Manager submitting correspondence to Senators Tom
Harkin and Charles Grassley urging opposition to S.2123 Public Safety Employer-Employee
Cooperation Act of 2007. Upon motion the documents were received, filed, and approved.
Iowa Department of Education: City Manager submitting correspondence to the Iowa
Department of Education in support of the Dubuque Community School District’s application to
the State-Wide Voluntary Preschool Program for Four-Year-Old Children. Upon motion the
documents were received and filed.
PEG Capital Grant Expenditure Request: City Manager recommending approval of three
requests for funding from the Capital Grant for Access Equipment and Facilities. Upon motion
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the documents were received, filed, and approved.
Transit Board of Trustees: Sara Davidson submitting her resignation from the Transit Board
of Trustees effective with the end of her term July 30, 2008. Upon motion the document was
received and filed and resignation accepted.
Amendment to Real Estate Contract – Kephart Building: City Manager recommending
approval of an amendment to the real estate contract between the Dubuque Community
School District and City of Dubuque for the Kephart Building naming the City of Dubuque as an
additional insured. Upon motion the documents were received, filed, and approved.
Towing Contract Rate Increase: City Manager recommending approval of a request from
Wenzel Towing to increase rates related to the City of Dubuque towing contract. 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. 165-08 Granting the issuance of a Class “B” Beer Permit (5 Day Special Event) for
Courtside Sport Bar and Catfish Festival (Sunday Sale); Class “C” Beer Permit for Awn Stop
Mart #2, Lein Oriental American Food Store, Keywest Conoco, Beecher Beverage, Hartig
Drug, Hy-Vee Dodge Street; and Resolution No. 166-08 Granting the issuance of a Class “C”
Beer/Liquor License to Denny’s Lux Club, Kalmes Breaktime Bar, Easy Street, Busted Lift,
Clarke College; Special Class “C” Liquor (5 Day Special Event) License to Dubuque Jaycees;
Hy-Vee Dodge Street, Beecher Beverage, and Hartig Drug were adopted.
RESOLUTION NO. 165-08
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 “B” BEER PERMIT (5 DAY SPECIAL EVENT)
Jerry David Courtside Sport Bar 4343 Chavenelle Road
Dubuque Catfish Festival Catfish Festival+(Sunday Sale) McDonald Park
CLASS “C” BEER PERMIT
Awn Stop Mart, Inc. Awn Stop Mart # 2+(Sunday Sale) 1401 Central Avenue
Oriental Food & Gift Lien Oriental American Food Store 115 W 11 th Street
Rainbo Oil Com Keywest Conoco+(Sunday Sale) 2150 Twin Valley Drive
Beecher Co. Beecher Beverage +(Sunday Sale) 1691 Asbury Road
Hartig Drug Co. Hartig Drug # 2+(Sunday Sale) 157 Locust Street
Hy-Vee Hy-Vee+(Sunday Sale) 3500 Dodge Street
Passed, approved and adopted this 19th day of May, 2008.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
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RESOLUTION NO. 166-08
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
Beverly Larsen Denny’s Lux Club+(Sunday Sale) 3050 Asbury Road
Kalmes Brothers LLC Kalmes Breaktime Bar+(Sunday Sale) 1097 Jackson Street
Easy Street LLC Easy Street+(Sunday/Outdoor Sale) 431 Rhomberg Avenue
Miller Enterprise Busted Lift+(Sunday/Outdoor Sale) 180 Main Street
Clarke College Clarke College (1 Day Outdoor Sale) 1550 Clarke Drive
SPECIAL CLASS “C” LIQUOR (5 DAY SPECIAL EVENT)
Dubuque Jaycees Dubuque Jaycees+(Sunday Sale) Port of Dubuque
CLASS “B” WINE
Hy-Vee Hy-Vee 3500 Dodge Street
Beecher Co. Inc. Beecher Beverage 1691 Asbury Road
Hartig Drug Co. Hartig Drug Company 157 Locust Street
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Passed, approved and adopted this 19 day of May, 2008.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant 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 Jones. Motion carried
7-0.
2008 Asphalt Paving Program: City Manager recommending initiation of the public bidding
process for the 2008 Asphalt Paving Program and that a public hearing be set for June 2, 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. 167-08 Preliminary approval
of plans, specifications, form of contract, and estimated cost, setting date of public hearing and
ordering bids for the 2008 Asphalt Paving Program was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on June 2, 2008 in the Historic Federal Building.
RESOLUTION NO. 167-08
2008 ASPHALT PAVING PROGRAM
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 2008
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Asphalt Paving Program, in the estimated amount $224,317.02, 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 2 day of June, 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 2008 Asphalt Paving Program 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 5 day of June, 2008. Bids shall be opened and read by the City Clerk
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at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 16
day of June, 2008 in the Historic Federal Building Council Chambers (second floor), 350 West
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6 Street, Dubuque, Iowa.
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Passed, adopted and approved this 19 day of May, 2008.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
Vanguard Countertops, Inc. - Development Agreement: City Manager recommending that a
public hearing be set for June 2, 2008 to consider approval of a Development Agreement
disposing of land to Malay Holdings, LLC for an office/manufacturing office complex for
Vanguard Countertops, Inc., Upon motion the documents were received and filed and
Resolution No. 168-08 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 Malay Holdings, LLC and Vanguard Countertops,
Inc., 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 June 2, 2008 in the Historic Federal Building.
RESOLUTION NO. 168-08
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 MALAY HOLDINGS, LLC AND VANGUARD
COUNTERTOPS, INC., AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the
Property);
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Lot 1-4 of Dubuque Industrial Center West 4 Addition in the City of Dubuque, Iowa; and
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Whereas, City, and Vanguard Countertops, Inc. have entered into a Development Agreement,
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
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Property (Lot 4 of the Dubuque Industrial Center West 4 Addition) to Malay Holdings, LLC on
behalf of Vanguard Countertops, Inc.; 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
Vanguard Countertops, Inc.; 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 Malay Holdings, LLC on behalf of Vanguard Countertops, Inc.
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 2 day of June, 2008 at
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6:30 o'clock p.m. in the Historic Federal Building in Dubuque, Iowa, 350 W. 6 Street, 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 Vanguard Countertops, Inc., 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 Malay
Holdings, LLC and Vanguard Countertops, Inc. pursuant to the Development Agreement under
the terms and conditions of said Urban Renewal Plan.
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 attached hereto.
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Passed, approved and adopted this 19 day of May, 2008.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
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BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions:
Electrical Code Board: Three 3-year expired terms through May 21, 2011 (Terms of Mueller,
Reiss, Pfohl). Applicants: Elaine Reiss, 2222 Roosevelt Street; Kevin Pfohl, 1878
Hummingbird Drive
Housing Code Appeals Board: Two 3-year, vacant terms through January 11, 2009, and
January 11, 2011 (Terms of Durley and Moore respectively). Applicant: Paul Newman, 2317
Queen Street. Mr. Newman spoke in support of his appointment.
Appointments to the following Boards/Commissions:
Human Rights Commission: One 3-year vacant term through January 1, 2010 (Term of
Coan). Applicants: Jim Allan, 850 Hawkeye Drive; and Char Eddy, 565 Sunset Ridge. Upon
roll call vote of 6-1, Char Eddy was appointed to a 3-year vacant term through January 1,
2010.
TV Cable Regulatory Commission: One 3-year vacant term through June 30, 2010 (Term of
Pratt). Applicant: Andy Bellings, 2995 Fox Hollow Road. Motion by Connors to appoint Andy
Bellings to a 3-year vacant term through June 30, 2010. Second by Voetberg. Motion carried
7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Request To Rezone – Property South of Old Highway Road and West of Railroad Line:
Proof of publication on notice of hearing to consider a request from Toby Kress, Kress
Industrial Facility, to rezone property south of Old Highway Road from County R-1 Residential
District to City AG Agricultural District and LI Light Industrial District, concurrent with
annexation, and Zoning Advisory Commission recommending denial. Motion by Connors to
receive and file and consider first reading of a proposed ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code of Ordinances, by reclassifying hereinafter
described property located south of Old Highway Road from County R-1 Residential District to
City AG Agricultural District and LI Light Industrial District, concurrent with annexation.
Seconded by Braig. Motion carried 6-1 with Resnick voting nay.
Realtor Greg Adams, 15709 Sandwedge Court, representing developer Toby Kress, spoke
in support of the rezoning request stating that it was the best use of the land. Mr Adams
provided handouts indicating the adjacent properties and describing what would be done in
terms of buffering visibility, storm water detention, and traffic. He stated that the developers
had not approached the railroad about a spur. Mr. Adams believed there was a need for light
industrial business within the city. Upon questioning, Mr. Adams stated that only two property
owners had expressed opposition and all the adjoining property owners approved of the
rezoning.
Zoning Advisory Commission Vice Chairperson Jeff Stiles provided a timeline of the
request.
Beverly Metcalf, 15693 McClain Lane; Gary Johnson, 12098 Cottingham Road; William
Chesterman, 12085 Cottingham Road; Joe Vize, 12055 Cottingham Road; Kyle Kunz, 12756
Brentwood Court and President of the Western Springs sub-development; Diane Brehm,
12458 Cottingham Road all spoke in opposition to the rezoning citing concerns over storm
water retention, land erosion, insufficient landscape buffering, property devaluation, increased
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truck traffic and limited access, other suitable land options, groundwater contamination, and
that the development wasn’t consistent with the City’s green initiative.
Ryan Burk, business owner at 2400 Kerper Blvd., spoke in support of the rezoning stating
how difficult it is to find appropriate land in the City due to the Dubuque Industrial Center filling
up, and he believes the old industrial space is unusable.
Toby Kress spoke in support of the rezoning stating that he has had difficulty listing the land
as residential and has spent much time working with the City on complying with all
requirements.
City Council discussed the good quality of the developer, the need to serve the City’s
interest in terms of annexation and growth, concerns over the Dubuque County Board of
Supervisors opposing position, and the obligation of the developer in purchasing land already
zoned residential. Planning Services Manager Laura Carstens and Zoning Advisory Vice
Commission Chairperson Jeff Stiles provided information on the City’s relationship with
Dubuque County regarding land use mapping and the Comprehensive Plan.
Request to Annex - Property South of Old Highway Road and West of Railroad Line: Proof
of publication on notice of hearing and City Manager recommending approval of the
annexation of property south of Old Highway Road and west of railroad line in conjunction with
rezoning.
Communication from the Planning Services Manager providing information on the Request
for Voluntary Annexation by Toby Kress, Kress Industrial Facility
Motion by Braig to table to June 2, 2008 concurrent with rezoning. Seconded by Voetberg.
Motion carried 7-0.
Groveland Place Sanitary Sewer Reconstruction Project: Proof of publication on notice of
public hearing to consider the plans and specifications, form of contract and estimated cost for
the Groveland Place Sanitary Sewer Reconstruction Project and City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No. 169-
08 Approval of plans, specifications, form of contract, and estimated cost for the Groveland
Place Sanitary Sewer Reconstruction Project. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 169-08
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE GROVELAND SANITARY SEWER RECONSTRUCTION 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
Groveland Sanitary Sewer Reconstruction Project, in the estimated amount $83,411.63, are
hereby approved.
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Passed, adopted and approved this 19 day of May, 2008.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
11
ACTION ITEMS
Citizen Communication – Pet Licensing: Lee Harlow Andre requesting to address the City
Council regarding pet licensing. Motion by Connors to receive and file the document and refer
to the City Manager. Seconded by Jones. Mr. Andre requested more City property be
accessible for pets and expressed his concerns over the possible closure of the Grandview Pet
Park. Motion carried 7-0.
Citizen Communication – Bluff Top Development: Tom Schreiber and Mark Schrieber
requesting to address the City Council regarding a proposed bluff top development. Motion by
Connors to receive and file the document and refer to the City Manager. Seconded by Jones.
Council discussed the history of the property and the vested rights of the developer. City
Manger Van Milligen informed Council that this project is already a permitted use and will not
come before City Council. City Attorney Lindahl stated that the developer’s percentage of
vested interest in the project could not be determined at this time, which impacts any
discussion of a moratorium.
Tom Schrieber, 416 Raymond Place, and representing his brother and mother as adjacent
property owners, expressed concerns regarding the development, its impact on bluff land
development, the impact on his own expansion, and the risk to the Fourth Street Elevator. He
requested consideration of options including a moratorium on all bluff development,
development on Raymond Place, on the specific project, or on projects that violate regulations
within a conservation district.
Planning Services Manager Laura Carstens informed Council that the City is working very
closely with the developer and requiring special regulations and studies because of the nature
of the project. Council discussed the options and impact of a bluff land moratorium. Council
concurred that it does not have jurisdiction over this project. Motion carried 7-0.
Eminent Domain Proceedings – 409 Burch Street: City Attorney recommending
commencement of eminent domain proceedings to acquire the property at 409 Burch Street.
Motion by Connors to receive and file the documents and adopt Resolution No. 170-08
Authorizing the commencement of eminent domain proceedings for the acquisition of certain
real property owned by John White at 409 Burch Street in the City of Dubuque, Iowa.
Seconded by Jones. City Attorney Lindahl provided a history of the project and that he had not
to-date received a response from Mr. White or his attorney. John White, 435 Burch Street,
spoke in opposition to the eminent domain proceedings stating that the property is an asset to
the City and that he has been continually working on and improving the property, maintains the
exterior and yard, and addressing neighbors’ concerns. He described the difficulties and delays
he has experienced in obtaining insurance for a burned structure and the time commitment for
authentic historic restoration of the property. Mr. White stated that the only unfinished portions
are for what is covered by the current permit. Motion carried 4-3 with Voetberg, Braig, and
Resnick voting nay.
RESOLUTION NO. 170-08
AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS FOR THE
ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY JOHN WHITE AT 409 BURCH
STREET IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque (City) intends to acquire certain real property owned by John
White (Owner) legally described as follows (the Property); and
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Lot 4 in Geo. B. Burch’s Subdivision in the City of Dubuque, Iowa, according to the recorded
plat thereof; and
Whereas, Iowa law requires that City must make a good faith effort to negotiate with Owner
to purchase the Property before proceeding with condemnation; and
Whereas, City caused an appraisal of the Property to be made and the appraised value of
the Property is $34,000; and
Whereas, City has made an offer to purchase the Property for not less than its fair market
value; and
Whereas, City has been unable after good faith negotiations to reach an agreement with
Owner for the acquisition of the Property; and
Whereas, the City Council finds that there is a reasonable expectation the City will be able
to achieve its public purpose, comply with all applicable standards, and obtain the necessary
permits.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA, AS FOLLOWS:
Section 1. Resolution No. 112-08 is hereby rescinded.
Section 2. The City Manager and the City Attorney are hereby authorized to commence
eminent domain proceedings for the acquisition of the Property and to take such further action
as may be necessary for the acquisition of the Property.
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Passed, adopted and approved this 19 day of May, 2008.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
Individually Designated Historic Property – 40-42 Main – Tabled on 5/17/07: City Manager
recommending that the application for Individual Historic Designation of 40-42 Main Street be
removed from the table and that a public hearing be set for June 2, 2008 for consideration of
the nomination.
Communication from Chris Miller regarding the application for Individually Designated
Historic Property at 40-42 Main.
Motion by Connors to remove from the table. Seconded by Voetberg. Motion carried 7-0.
Motion by Connors to receive and file the documents and set a public hearing for a meeting
to commence at 6:30 p.m. on June 2, 2008 in the Historic Federal Building. Seconded by
Braig. Motion carried 7-0.
Pebble Cove Subdivision: City Manager recommending approval of the final plat for Pebble
Cove Subdivision located west of John F. Kennedy Road and south of the Northwest Arterial.
Motion by Lynch to receive and file the documents and adopt Resolution No. 171-08 Approving
the final plat for Pebble Cove Subdivision. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 171-08
A RESOLUTION AUTHORIZING APPROVING FINAL PLAT OF PEBBLE COVE IN THE
CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a final plat of Pebble Cove in the City of
Dubuque, Iowa; and
Whereas, upon said final plat appears streets to be known as Peach Tree Lane (Lot C) and
Charleston Court (Lot D), together with certain public utility, storm sewer, sanitary sewer and
water main easements, storm water detention facility (Lot B) and park land (Lot A), which the
owners by said final plat have dedicated to the public forever; and
Whereas, said plat provides 0 feet of frontage for Lot B, where 50 feet is required by Section
13
42-19(b) of the Subdivision Regulations; and
Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and had her approval
endorsed thereon; subject to the owner’s agreeing to the conditions noted in Section 3 below;
and
Whereas, said final plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating to it, except that no streets or public utilities
have yet been constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Peach Tree Lane (Lot C) and Charleston Court (Lot D)
together with park land (Lot A) and the easements for public utilities, sanitary sewer, storm
sewer and water mains, as they appear on said final plat, be and the same are hereby
accepted; and
Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot B to
have 0 feet of frontage, where 50 feet of frontage is required; and
Section 3.That the Final Plat of Pebble Cove is hereby approved by the Mayor and City
Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque,
Iowa, upon said final plat, provided the owners of said property herein named, execute their
written acceptance hereto attached agreeing:
(a) To reduce Peach Tree Lane (Lot C) and Charleston Court (Lot D) to grade and to
construct concrete curb and gutter and to hard surface with asphaltic concrete, or with
concrete paving with integral curb, all in accordance with the City of Dubuque standard
specifications, all in a manner acceptable to the City Engineer, in conformance with
construction improvement plans approved by the City Engineer, and inspected by the City
Engineer.
(b) To install sanitary sewer mains and sewer service laterals into each individual lot, water
mains and water service laterals into each individual lot, storm sewers and catch basins,
boulevard street lighting and erosion control devices all in accordance with the City of
Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in
accordance with construction improvement plans approved by the City Engineer, and
inspected by the City Engineer.
(c) To construct a storm water detention facility (Lot B) in a manner acceptable to the City
Engineer, in accordance with the City of Dubuque standard specifications approved by the City
Engineer, and inspected by the City Engineer.
(d) To construct said improvements, prior to two (2) years from the date of acceptance of
this resolution, at the sole expense of the owners, or future owner;
(e) To maintain the public improvements, for a period of two (2) years from the date of the
acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the
sole final expense of the owners, or future owner;
And, further provided that said Kivlahan Farms, L.C., as owners of said property, shall
secure the performance of the foregoing conditions provided in this Section by providing
guarantees in such form and with such sureties as may be acceptable to the City Manager of
the City of Dubuque, Iowa.
Section 4. Sidewalk installation shall be the responsibility of the owner abutting the public
rights-of-way, including lots with multiple frontages, as required by City Code 41-100 through
42-24.
Section 5. Upon the City’s acceptance of the detention facility, the maintenance expenses
14
incurred by the City of Dubuque for the storm water detention facility (Lot B) shall be assessed
against the lot owners of all additions in Pebble Cove and Pebble Cove #2 as indicated in the
preliminary plats, in equal amounts, and the City Manager shall certify such costs to the City
Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such
costs shall then be collected with and in the same manner as general property taxes in
accordance with provisions of law.
Section 6. That the final acceptance of all public improvements shall occur upon certification
of the City Engineer to the City Council that all public improvements have been completed in
accordance with the improvement plans and City standard specifications and accepted by City
Council Resolution.
Section 7. That in the event Kivlahan Farms, L.C., fails to execute the acceptance and
furnish the guarantees provided in Sections 2 and 3 hereof within 180 days after the date of
this Resolution, the provisions hereof shall be null and void and the acceptance of the
dedication and approval the plat shall not be effective.
th
Passed, approved and adopted this 19 day of May 2008.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
ACCEPTANCE OF RESOLUTION NO. 171-08
I, the undersigned, John Kivlahan, representing Kivlahan Farms, L.C., having read the
terms and conditions of the Resolution No. 171-08 and being familiar with the conditions
thereof, hereby accept this same and agree to the conditions required therein.
th
Dated in Dubuque, Iowa this 19 day of May 2008.
John Kivlahan
Kivlahan Farms, L.C.
Pebble Cove Subdivision #2: City Manager recommending approval of the final plat of
Pebble Cove Subdivision #2 located west of John F. Kennedy Road and south of the
Northwest Arterial. Motion by Connors to receive and file the documents and adopt Resolution
No. 172-08 Approving the final plat of Pebble Cove Subdivision #2. Seconded by Jones.
Motion carried 7-0.
RESOLUTION NO. 172-08
A RESOLUTION AUTHORIZING APPROVING FINAL PLAT OF PEBBLE COVE #2 IN THE
CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a final plat of Pebble Cove #2 in the City
of Dubuque, Iowa; and
Whereas, upon said final plat appears streets to be known as Charleston Court (Lot C),
together with storm water detention facility (Lot A) and park land (Lot B) and certain public
utility, storm sewer, sanitary sewer and water main easements, which the owners by said final
plat have dedicated to the public forever; and
Whereas, said plat provides 14.20 feet of frontage for Lot A, where 50 feet is required by
Section 42-19(b) of the Subdivision Regulations; and
Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and had her approval
endorsed thereon; subject to the owners agreeing to the conditions noted in Section 3 below;
and
Whereas, said final plat has been examined by the City Council and they find that it
15
conforms to the statutes and ordinances relating to it, except that no streets or public utilities
have yet been constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Charleston Court (Lot C) together with open space (Lot B)
and the easements for public utilities, sanitary sewer, storm sewer and water mains, as they
appear on said final plat, be and the same are hereby accepted; and
Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot A to
have 14.20 feet of frontage, where 50 feet of frontage is required, and the City Engineering
Standards are waived to allow a cul-de-sac of 2,200 feet, where a maximum 1,300 feet is
required; and
Section 3. That the Final Plat of Pebble Cove #2 is hereby approved by the Mayor and City
Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque,
Iowa, upon said final plat, provided the owners of said property herein named, execute their
written acceptance hereto attached agreeing:
(a) To reduce Charleston Court (Lot C) to grade and to construct concrete curb and gutter
and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in
accordance with the City of Dubuque standard specifications, all in a manner acceptable to the
City Engineer, in conformance with construction improvement plans approved by the City
Engineer, and inspected by the City Engineer.
(b) To install sanitary sewer mains and sewer service laterals into each individual lot, water
mains and water service laterals into each individual lot, storm sewers and catch basins,
boulevard street lighting and erosion control devices all in accordance with the City of
Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in
accordance with construction improvement plans approved by the City Engineer, and
inspected by the City Engineer.
(c) To construct a storm water detention facility (Lot A) in a manner acceptable to the City
Engineer, in accordance with the City of Dubuque standard specifications approved by the City
Engineer, and inspected by the City Engineer.
(d) To construct said improvements, prior to the two (2) years from the date of acceptance
of this resolution, at the sole expense of the owners, or future owner.
(e) To maintain the public improvements, for a period of two (2) years from the date of the
acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the
sole final expense of the owners, or future owner;
And, further provided that said Kivlahan Farms, L.C., as owners of said property, shall
secure the performance of the foregoing conditions provided in this Section by providing
guarantees in such form and with such sureties as may be acceptable to the City Manager of
the City of Dubuque, Iowa.
Section 4. Sidewalk installation shall be the responsibility of the owner abutting the public
rights-of-way, including lots with multiple frontages, as required by City Code 41-100 through
42-24.
Section 5. Upon the City’s acceptance of the detention facility, the maintenance expenses
incurred by the City of Dubuque for the storm water detention facility (Lot B) shall be assessed
against the lot owners of all additions in Pebble Cove and Pebble Cove #2 as indicated in the
preliminary plats, in equal amounts, and the City Manager shall certify such costs to the City
Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such
costs shall then be collected with and in the same manner as general property taxes in
accordance with provisions of law.
Section 6. That the final acceptance of all public improvements shall occur upon certification
16
of the City Engineer to the City Council that all public improvements have been completed in
accordance with the improvement plans and City standard specifications and accepted by City
Council Resolution.
Section 7. That in the event Kivlahan Farms, L.C., fails to execute the acceptance and
furnish the guarantees provided in Sections 2 and 3 hereof within 180 days after the date of
this Resolution, the provisions hereof shall be null and void and the acceptance of the
dedication and approval the plat shall not be effective.
th
Passed, approved and adopted this 19 day of May 2008.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
ACCEPTANCE OF RESOLUTION NO. 172-08
I, the undersigned, John Kivlahan, representing Kivlahan Farms, L.C., having read the
terms and conditions of the Resolution No. 172-08 and being familiar with the conditions
thereof, hereby accept this same and agree to the conditions required therein.
th
Dated in Dubuque, Iowa this 19 day of May 2008.
John Kivlahan
Kivlahan Farms, L.C.
Rush Street Reconstruction Project: City Manager recommending denial of the exemption
request from Dan and Mille Boge for having a sidewalk installed along their property at 333
Villa Street. Motion by Connors to receive and file the documents and deny the exemption
request. Seconded by Lynch. Motion carried 7-0.
Historic Preservation Revolving Loan Fund – Private Retaining Walls: City Manager
recommending approval of extending eligibility for the Historic Preservation Revolving Loan
Fund to include the repair and reconstruction of private retaining walls that are an integral,
structural part of a property. Motion by Connors to receive and file the documents and approve.
Seconded by Voetberg. Motion carried 7-0.
Chavenelle Court Construction Project: City Manager recommending that all bid proposals
received for the Chavenelle Court Construction Project be rejected and the project re-bid.
Motion by Jones to receive and file the documents and adopt Resolution No. 173-08 Rejecting
the contract bid proposals for the Dubuque Industrial Center West – Chavenelle Court 2008
Project and ordering that the project be re-bid. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 173-08
REJECTING THE CONTRACT BID PROPOSALS FOR THE DUBUQUE INDUSTRIAL
CENTER WEST – CHAVENELLE COURT 2008 PROJECT AND ORDERING THAT THE
PROJECT BE RE-BID
Whereas, sealed proposals have been submitted by contractors for the Dubuque Industrial
Center West – Chavenelle Court 2008 Project, pursuant to Resolution No. 128-08 and notice
th
to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 25 day of
April, 2008; and
th
Whereas, the sealed proposals were opened and read on the 8 day of May, 2008.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. All of the bid proposals received for the Dubuque Industrial Center West –
Chavenelle Court 2008 Project are hereby rejected.
17
Section 2. The City Treasurer is authorized and instructed to return the bid deposits of the
unsuccessful bidders.
Section 3. The City Clerk is hereby directed to re-advertise for bids for the construction of
the Dubuque Industrial Center West – Chavenelle Court 2008.
th
Passed, adopted and approved this 19 day of May, 2008.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
Snow Route Parking Restriction System: City Manager recommending revisions to
Dubuque’s snow route parking restriction system as stipulated in Section 32-321.682 of the
Code of Ordinances.
Communication from Kristopher Miller expressing his concerns over snow removal.
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. Jones stated that
the ordinance is simpler to understand and will provide for a safer city. Voetberg stated that he
believed this requires citizens to move their cars for the convenience of City workers, and the
policy limits half of the parking for four months of the year. Connors stated that she believed
that the hours were confusing, the language unconfirmed, and questioned what will happen
when parking runs out on the designated side of the street. Braig stated that the ordinance will
be difficult for students in the college areas. Public Works Director Don Vogt stated that the
ordinance models that of snow-belt cities such as Madison, LaCrosse, and Janesville,
Wisconsin; copies the current downtown snow removal pattern and affects only 10 percent of
the City’s centerline mileage. Responding to Council’s questions, Vogt said that business
areas such as upper University will be signed for plowing at night and residential areas will be
plowed during the day when the majority of citizens are at work. Motion failed 4-3 with
Voetberg, Lynch, and Resnick voting nay.
Motion by Jones to consider the first reading of an ordinance amending the City of Dubuque
Code of Ordinances Section 32-321.682 Snow Route, Restricted Parking. Seconded by
Connors. Motion carried 5-2 with Voetberg and Lynch voting nay.
Amendments to Housing Code and Fee Schedule: City Manager recommending approval of
an ordinance amending City of Dubuque Code of Ordinances, Chapter 26, Housing
Regulations authorizing a fee be charged for an owner’s failure to be present at a scheduled
inspection and a proposed fee for rental unit re-inspections. 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 Voetberg. Lynch questioned if this was often a problem. Housing
Inspector Bob Boge stated that 40 percent of general housing inspections and five percent of
Section 8 are no-shows despite sending letters or calls to reschedule. Van Milligen stated that
an additional housing inspector position was added through the budget process to assist with
inspections and the fee schedule would provide incentive for inspections. Lynch questioned if
the Landlords’ Association had a position on the issue and if the Housing Department had
scheduling fall backs since this measure could be seen as punitive. Resnick questioned if
inspections were being scheduled at predictable times. Connors, Jones, and Braig supported
the measure citing the waste of gas and the inspector’s time as well as the voluntary aspect on
the part of the landlord. Motion carried 6-1 with Lynch voting nay.
Motion by Connors to consider final reading of Ordinance No. 32-08 Amending the Code of
Ordinances, City of Dubuque, Iowa, Chapter 26, Housing Regulations, by repealing Section
18
26-7(b)(2) relating to inspection requirements for all licensed dwellings and adopting in lieu
thereof a new subsection (2) relating to inspection requirements for licensed dwellings.
Seconded by Braig. Motion carried 5-2 with Lynch and Resnick voting nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 32-08
AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA,
CHAPTER 26, HOUSING REGULATIONS, BY: REPEALING SECTION 26-7(b)(2)
RELATING TO INSPECTION REQUIREMENTS FOR ALL LICENSED DWELLINGS AND
ADOPTING IN LIEU THEREOF A NEW SUB-SECTION (2) RELATING TO INSPECTION
REQUIREMENTS FOR LICENSED DWELLINGS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Section 26-7(b)(2) of the City of Dubuque Code of Ordinances is hereby
repealed, and the following new Section 26-7(b)(2) is hereby adopted in lieu thereof:
All rental dwelling units shall be subject to regular housing code enforcement inspection and
follow up re-inspection as necessary. There shall be no charge for the initial rental dwelling unit
inspection, for any complaint generated inspection and for two (2) follow-up re-inspections. For
each required additional follow up re-inspection, a re-inspection fee shall be paid by the owner
in an amount determined by the city manager.
Not less than seven calendar days prior to a scheduled inspection, the Housing Officer shall
mail written notice by regular mail to the license holder and any known tenants setting out the
date and time of a scheduled inspection. If the license holder or an authorized representative
of the license holder fails to be present at the time of the scheduled inspection and the
inspector is unable to obtain entry to the unit, a second inspection shall be scheduled and a
rescheduling fee shall be paid by the owner in an amount determined by the city manager.
The license holder may cancel a scheduled inspection one time without payment of the
rescheduling fee, provided the Housing officer is notified of the cancellation not less than 48
hours prior to the scheduled inspection.
Section 2. This ordinance shall take effect immediately upon publication.
th
Passed, approved and adopted this 19 day of May, 2008.
/s/Roy D Buol, Mayor
Attest: /s/Kevin S. Firnstahl, Assistant, City Clerk
rd
Published officially in the Telegraph Herald Newspaper the 23 day of May, 2008.
/s/Kevin S. Firnstahl, Assistant City Clerk
nd
Award of Contract – West 32 Street Detention Basin: City Manager recommending award
nd
of the public improvement contract for the West 32 Street Detention Basin Project to
Tschiggfrie Excavating and requesting City Council direction on the style of fencing to be used.
Motion by Jones to receive and file the documents, select the chain link option and adopt
Resolution No. 174-08 Awarding contract to Tschiggfrie Excavating Company. Motion carried
7-0.
RESOLUTION NO. 174-08
ND
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE WEST 32 STREET
DETENTION BASIN PROJECT
nd
Whereas, sealed proposals have been submitted by contractors for the West 32 Street
Detention Basin Project (the Project) pursuant to Resolution No. 66-08 and Notice to Bidders
nd
published in a newspaper published in the City of Dubuque, Iowa on the 22 day of February,
19
2008; and
th
Whereas, said sealed proposals were opened and read on the 20 day of March, 2008 and
it has been determined that Tschiggfrie Excavating of Dubuque, Iowa, with a bid in the amount
of $1,593,371.25, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Tschiggfrie
Excavating and the City Manager is hereby directed to execute a Public Improvement Contract
on behalf of the City of Dubuque for the Project.
th
Passed, approved and adopted this 19 day of May, 2008.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
Biosolids Treatment: City Manager recommending that a public hearing be set for July 7,
2008 to consider approval of a facility planning process and schedule for biosolids treatment at
the Water Pollution Control Plant.
Correspondence from Gerhardt Van Drie regarding sludge handling.
Motion by Jones to receive and file the documents, select the anaerobic digestion (land
application) option and set a public hearing for a meeting to commence at 6:30 p.m. on July 7,
2008 in the Historic Federal Building. Seconded by Connors. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Voetberg reported on inquiries from Dubuque citizens and letters from Dubuque’s Sister
City, Handan, China, since the recent earthquakes in China. He read a statement issued by
Governor Culver’s office noting relief efforts and the Governor’s pending visit.
Connors thanked all persons involved in the recent All the Way Home veteran’s event and
noted the quality and emotional impact of the event.
CLOSED SESSION
Motion by Jones at 10:46 p.m. to move to closed session to discuss pending litigation and
property acquisition – Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Seconded by Voetberg. Motion
carried 7-0
Motion by Braig at 11:10 p.m.to reconvene in open session stating that staff had been given
proper direction. Seconded by Lynch. Motion carried 7-0
There being no further business, upon motion the City Council adjourned at 11:11 p.m.
/s/Kevin S. Firnstahl
Assistant City Clerk
20