8 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 August 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 Sr. Jennifer Rausch, Sisters of the Presentation.
PROCLAMATION
Irish Hooley Day (August 23, 2008) was accepted by Mary Kate Knabel and Katie Michel.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 8/4; Civil Service Commission of 7/8;
Enterprise Zone Commission of 8/11; Environmental Stewardship Advisory Commission of 8/5;
Historic Preservation Commission of 7/17; Human Rights Commission of 7/14
Proof of publication of City Council Proceedings of July 21, 2008 and List of Claims and
Summary of Revenues for Month Ended June 30, 2008
Upon motion the documents were received and filed.
Notice of Claims/Suits: Jay McDonald for vehicle damage; Rosamond K. Lytle for personal
injury; Megan Hefel for vehicle 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: Megan Hefel for
vehicle damage; Jay McDonald for property damage; Rosamond K. Lytle for personal
injury/property damage. Upon motion the documents were received and filed and concurred.
Civil Service Commission: Civil Service Commission submitting the certified lists for the
positions of Public Safety Dispatcher and Traffic Signal Technician II (as corrected). Upon
motion the documents were received and filed and made a Matter of Record.
August 7, 2008
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position
of Public Safety Dispatcher was conducted on July 15, 2008. We hereby certify that the
individuals listed below have passed this written examination and the vacancy for this position
should be made from this list and that this list is good for two (2) years from above date.
PUBLIC SAFETY DISPATCHER
Dennis Boge Gary Rose-Tolstedt Renee Blosch Marcia Sola
Calvin Koeller Cindy Humphrey John Gallagher Carole Nelson
Hugh Lenane Bonnie Sedan Jodi Chapman Thomas Oliver
Patricia Conlan Connie Mihalakis Sue Paul Christy L. Spear
Richard Winger Matthew Peterson Todd Werner Andrew Francois
Korey Nadermann Timothy McFarland Tori O’Meara Brenda Hernandez
Kimberly Feltes Rae Ann Kennedy Briana Basten Richard Kapparos,
Jr.Thomas Lange Thomas Spoerl Lisa LuGrain Merissa Loffer
Kelly Hopper Earl Schumacher Joyce Sabers Daniel J. Jensen
Jeffery Tschiggfrie Amanda Waggoner Helena Calvert D. Scott Morris
Jacquelyne Goffinet Jon A. Herrig
Respectfully submitted,
/s/Otto Krueger, Chairperson
/s/Loras Kluesner
/s/Daniel White
Civil Service Commission
August 7, 2008
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the 2007 Code of Iowa, an examination for the position
of Traffic Signal Technician II. We hereby certify that the individuals listed below have passed
this written examination and the vacancy for this position should be made from this list and that
this list is good for two (2) years from May 2, 2008.
TRAFFIC SIGNAL TECHNICIAN II (As Corrected)
Corey J. Firzlaff Jay D. Kepple Michael J. Ambrosy Ken M. Rigdon
Lawrence C. Takes Michael D. Bakey
Respectfully submitted,
/s/Otto Krueger, Chairperson
/s/Loras Kluesner
/s/Daniel White
Civil Service Commission
Citizen Communications: Petition from the residents of Heeb Street requesting a review of
the City ordinance requiring anyone parking on City streets to park with the direction of the flow
of traffic.
Communication from Matt, Melanie and Isaiah Schlimm requesting the installation of stop
signs at the intersection of Sunnyview Drive and Saint Ambrose Street.
Upon motion the documents were received and filed and referred to the City Manager.
Sutton Pool Parking Lot Resurfacing Project: City Manager recommending acceptance of
the Sutton Pool Parking Lot Resurfacing Project improvements and payment of the contract
amount of $31,493.95 to River City Paving. Upon motion the documents were received and
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filed and Resolution No. 266-08 Accepting the Sutton Pool Parking Lot Resurfacing Project
and authorizing payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 266-08
ACCEPTING THE SUTTON POOL PARKING LOT RESURFACING PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Sutton Pool Parking Lot Resurfacing
Project (the Project) has been completed and the City Engineer has examined the work and
filed a certificate stating that the Project has been completed according to the terms of the
Public Improvement Contract and that the City Engineer recommends that the Project be
accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the Sutton
Pool Resurfacing (CIP 1021889) and Hawthorne Ramp/Kerper Storm (CIP 7201059)
appropriations for the contract amount of $31,493.95 less any retained percentage provided for
therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance
with the provisions of Iowa Code chapter 573.
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Passed, approved and adopted this 18 day of August, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE SUTTON POOL
PARKING LOT RESURFACING PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Sutton Pool Parking Lot Resurfacing Project, that the Project has been
performed in compliance with the terms of the Public Improvement Contract, and that the total
cost of the completed work is $31,493.95.
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Dated this 13 day of August, 2008.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 13 day of August, 2008.
Jeanne F. Schneider, CMC, City Clerk
Request for Water Main Extension: Communication from Thomas L. Henschel, 995 June
Drive, requesting that the City extend the water main to Miller Road. Upon motion the
document was received and filed.
Miller Road – Request for Water Main Extension: City Manager advising that water main will
be extended to properties in the first section of Miller Road in response to a request from Kathy
Bitter. Upon motion the documents were received and filed.
Farley and High Bluff Street Storm Sewer Project: City Manager recommending acceptance
of the Farley and High Bluff Street Storm Sewer Project and payment of the contract amount of
$27,580.00 to Drew Cook & Sons Excavating, Inc. Upon motion the documents were received
and filed and Resolution No. 267-08 Accepting the Farley and High Bluff Street Storm Sewer
Project and authorizing payment of the contract amount to the contractor was adopted.
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RESOLUTION NO. 267-08
ACCEPTING THE FARLEY HIGH BLUFF STREET STORM SEWER PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Farley High Bluff Street Storm Sewer
Project (the Project) has been completed and the City Engineer has examined the work and
filed a certificate stating that the Project has been completed according to the terms of the
Public Improvement Contract and that the City Engineer recommends that the Project be
accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the Farley
and High Bluff Drainage Improvements (CIP 7201908) appropriation for the contract amount of
$27,580.99 less any retained percentage provided for therein as provided in Iowa Code
chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code
chapter 573.
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Passed, approved and adopted this 18 day of August, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE FARLEY HIGH BLUFF
STREET STORM SEWER PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Farley High Bluff Street Storm Sewer Project, that the Project has been
performed in compliance with the terms of the Public Improvement Contract, and that the total
cost of the completed work is $35,199.05.
Dated this 13th day of August, 2008.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 13 day of August, 2008.
Jeanne F. Schneider, CMC, City Clerk
Request for Proposals – KeyLine Transit System: City Manager recommending approval of
the issuance of a Request for Proposals for a Comprehensive Operational Analysis (COA) of
the KeyLine Transit System. Upon motion the documents were received, filed, and approved.
Collective Bargaining Agreement – Teamsters Local Union No. 421 (Bus Operators): City
Manager recommending approval of a three-year collective bargaining agreement between the
City and the Teamsters Local Union No. 421. Upon motion the documents were received and
filed and Resolution No. 268-08 Approving the Agreement between the City of Dubuque, Iowa,
and the Teamsters Local Union No. 421 (Bus Operators) and authorizing the Mayor to sign the
Agreement was adopted.
RESOLUTION NO. 268-08
APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE
TEAMSTERS LOCAL UNION NO. 421 (BUS OPERATORS) 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
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Whereas, the City of Dubuque is public employer within the meaning of Section 3 (1) of the
Public Employment Relations Act; and
Whereas, the Teamsters Local Union No. 421 (Bus Operators), 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 (Bus Operators), 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 August, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
PEG Capital Grant Expenditure Request: City Manager recommending approval of two
requests for funding from the Capital Grant for Access Equipment and Facilities. Upon motion
the documents were received, filed, and approved.
Acceptance of Deed – Purchase of 6900 Pennsylvania Avenue: City Manager
recommending acceptance of the deed from Elaine M. White for property located at 6900
Pennsylvania Avenue. Upon motion the documents were received and filed and Resolution No.
269-08 Accepting the deed to certain real estate in Dubuque County, Iowa from Elaine M.
White was adopted.
RESOLUTION NO. 269-08
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA
FROM ELAINE M. WHITE
WHEREAS, the City of Dubuque entered into an Agreement with Elaine M. White for the
purchase of the following described real property in Dubuque County, Iowa: Lot 2 of the NW ¼
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of the NE ¼ of Section 30, in Township 89 North, Range 2 East of the 5 P.M., in the City of
Dubuque, Iowa, according to the recorded plat thereof, 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 Elaine M. White, a copy of which is
attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed
with the Dubuque County Recorder.
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Passed, approved and adopted this 18 day of August, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Plat of Survey – Westbrook Subdivision: Zoning Advisory Commission recommending
approval of the Plat of Survey of Lot 1-6 and Lot 2-6 of Block 3 of Westbrook Subdivision.
Upon motion the documents were received and filed and Resolution No. 270-08 Approving the
Plat of Survey of Lot 1-6 and Lot 2-6 of Block 3 of Westbrook Subdivision in the City of
Dubuque, Iowa, was adopted.
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RESOLUTION NO. 270-08
A RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT 1-6 AND LOT 2-6 OF
BLOCK 3 OF WESTBROOK SUBDIVISION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey of Lot 1-6 and Lot 2-6 of
Block 3 of Westbrook Subdivision in the City of Dubuque, Iowa; and;
Whereas, said Plat of Survey provides 0 feet of lot frontage for Lot 2-6, where 50 feet of lot
frontage is required by Section 42-19(b) of the Subdivision Regulations; and
Whereas, the Plat of Survey has been examined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating to it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 2-6 to
have 0 feet of lot frontage, where 50 feet of lot frontage is required.
Section 2. That the Plat of Survey of Lot 1-6 and Lot 2-6 of Block 3 of Westbrook
Subdivision is hereby approved and the Mayor and City Clerk are hereby authorized and
directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat.
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Passed, approved and adopted this 18 day of August 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque County Board of Supervisors: Communication from the Dubuque County Board of
Supervisors requesting that the City review the intersection of Old Highway Road and Seippel
Road regarding movement of truck traffic. Upon motion the document was received and filed
and referred to the City Manager.
Couler Valley Drainage Area: City Manager submitting a response to Dubuque County
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Supervisor Donna Smith regarding the moving of dirt from the West 32 Street Detention
Basin to a location north of Flexsteel Industries within the Couler Valley Drainage area. Upon
motion the documents were received and filed.
International Economic Development Council (IEDC) Award: City Manager advising that the
City of Dubuque has been selected for an Honorable Mention Award in the Public-Private
Partnerships (population 50,000-200,000) by the International Economic Development Council
for the America’s River Project. Upon motion the document was received and filed.
2008 Comprehensive Plan: City Manager transmitting the Citizens Guide to the 2008
Comprehensive Plan and 2030 Future Land Use Map. Upon motion the documents were
received and filed.
Settlement Agreement and General Release – Aerial Services, Inc.: City Manager
recommending acceptance of a $52,884 payment from Aerial Services, Inc. and approval of
the Settlement Agreement related to the 2007 Orthophotography and Mapping Project. Upon
motion the documents were received, filed, and approved.
University of Dubuque Fireworks Display: Communication from Steve Kelley, University of
Dubuque, requesting permission to display fireworks on September 6, 2008 at the new
Chlapaty Sports Complex and to close Grace Street from McCormick Street to Algona Street.
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Upon motion the document was 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. 271-08 Granting the issuance of a Class “B” Beer Permit (5-Day Special Event) to
Riverfest; and a Class “C” Beer Permit to Family Mart, Kwik Stop Food Mart, and Ron’s
Discount Smokes; and Resolution No. 272-08 Granting the issuance of a Class “C”
Beer/Liquor License to Fat Tuesday’s, Courtside Sports Bar, Chances R, and Star Restaurant;
Special Class “C” (BW) Liquor License (5-Day Special Event) to Four Mounds Foundation; and
a Class “B” Wine Permit to Star Restaurant were adopted.
RESOLUTION NO. 271-08
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)
Riverfest, Inc. Riverfest +(Sunday/Outdoor Sale) 7 th & Town Clock
CLASS “C” BEER PERMIT
Family Mart, Inc. Family Mart +(Sunday Sale) 3201 Central Avenue
Rainbo Oil Company Kwik Stop Food Mart +(Sunday Sale) 2360 Central Avenue
RKM LLC Ron’s Discount Smokes +(Sunday Sale) 3300 Asbury Road
Passed, approved and adopted this 18th day of August, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 272-08
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
Ibrico, Inc. Fat Tuesdays+(Sunday Sale) 1121 University Avenue
Courtside, Inc. Courtside Sports Bar 2095 Holiday Drive
+(Sunday/Outdoor Sale)
Mike Johnson Chances R+(Sunday/Outdoor Sale) 1046 Central Avenue
James Madison Inc. Star Restaurant & Ultra Lounge 600 Star Brewery Drive
+(Sunday/Outdoor Sale)
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SPECIAL CLASS “C” (BW) LIQUOR LICENSE (5-DAY SPECIAL EVENT)
Four Mounds Found. Four Mounds Foundation 4900 Peru Road
CLASS “B” WINE
James Madison Inc. Star Restaurant & Ultra Lounge 600 Star Brewery Drive
Passed, approved and adopted this 18th day of August, 2008
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Jones to receive and file the documents, adopt the resolutions, 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.
Quince Street Underground Utility Reconstruction Project: City Manager recommending
initiation of the public bidding process for the Quince Street Underground Utility Reconstruction
Project and that a public hearing be set for September 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. 273-08 Preliminary approval of plans,
specifications, form of contract, and estimated cost, setting date of public hearing and ordering
bids for the Quince Street Underground Utility Reconstruction Project; Resolution No. 274-08
Approving the plat, schedule of assessments and estimate of total cost and setting date of
public hearing on Resolution of Necessity; and Resolution No. 275-08 Resolution of Necessity
were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September
2, 2008 in the Historic Federal Building.
RESOLUTION NO. 273-08
QUINCE STREET UNDERGROUND UTILITY RECONSTRUCTION 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:
The proposed plans, specifications, form of contract and estimated cost for the Quince
Street Underground Utility Reconstruction Project, in the estimated amount $134,035.35, 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 2 day of September, 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 Quince Street Underground Utility Reconstruction Project is hereby ordered to be
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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 4 day of September, 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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15 day of September, 2008, in the Historic Federal Building Council Chambers (second floor),
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350 West 6 Street, Dubuque, Iowa.
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Passed, adopted and approved this 18 day of August, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 274-08
QUINCE STREET UNDERGROUND UTILITY RECONSTRUCTION PROJECT
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 Quince Street
Underground Utility Reconstruction Project 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 2 day of September, 2008, at 6:30 o’clock p.m. at the
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Historic 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 August, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
QUINCE STREET UNDERGROUND UTILITY RECONSTRUCTION PROJECT
(RUSH TO CLEVELAND) PRELIMINARY SCHEDULE OF VALUATION AND PROPOSED
ASSESSMENTS. DATE: AUGUST 11, 2008
The following schedule is hereby determined to show each lot proposed to be assessed for
the improvement shown in the title together with the amount proposed to be assessed against
each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of
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such lots by the City Council of the City of Dubuque.
PROPERTY OWNER NAME, LOT DESCRIPTION, PARCEL NUMBER, VALUATION,
WITH IMPROVEMENT, WATER SERVICE PRIVATE LATERAL COST, SANITARY SEWER
PRIVATE LATERAL COST, TOTAL NET ASSESSMENT, PUBLIC IMPROVEMENTS
ASSESSMENT
Schmidt, Melvin J, LOT 1-116 UNION ADD, 10-25-453-010, $79,870.20, $970.20, $970.20,
$970.20
Lott, Julie A., LOT 2 OF 104 UNION ADD, 10-25-453-004, $85,770.20, $970.20, $970.20,
$970.20
Hord, James K, LOT 2-1-N 150'-1-105 UNION ADD, 10-25-454-005, $76,970.20, $970.20,
$970.20, $970.20
Gwinn, Richard S & Vogt, Francis J., S 50' LOT 1-105 UNION ADD, 10-25-454-006,
$102,996.58, $1,426.38, $970.20, $2,396.58, $2,396.58
Maiers, David L. & Diane L., LOT 1 QUINCE STREET SUB, 10-25-454-015, $129,070.20,
$970.20, $970.20, $970.20
Schwartz, Jeffrey L. & Krier, Tina M., LOT 2-116 UNION ADD, 10-25-453-011, $116,970.20,
$970.20, $970.20, $970.20
TOTALS: $1,426.38; $5,821.20; $7,247.58; $7,247.58
RESOLUTION NO. 275-08
RESOLUTION OF NECESSITY FOR THE QUINCE STREET UNDERGROUND UTILITY
RECONSTRUCTION PROJECT
Whereas, the plat, schedule of assessments, and estimate of total cost for the Quince Street
Underground Utility Reconstruction Project 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:
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Reconstruction of all public underground utilities and replacement of the existing
asphalt street pavement.
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Upgrades to the existing sanitary sewer system: the complete reconstruction of
approximately 220 lineal feet of 8-inch mainline sewer; the reconstruction of 1
deteriorated brick manhole; and the replacement of 6 private sanitary sewer
laterals.
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Reconstruction of approximately 360 lineal feet of watermain and the replacement
of 1 lead residential water service.
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Construction of approximately 365 lineal feet of new storm sewer.
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
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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 August, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fire Station No. 2 Parking Lot Reconstruction Project: City Manager recommending initiation
of the public bidding process for the Fire Station No. 2 Parking Lot Reconstruction Project and
that a public hearing be set for September 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. 276-08 Preliminary approval of plans, specifications, form of
contract, and estimated cost, setting date of public hearing and ordering bids for the Fire
Station No. 2 Parking Lot Reconstruction Project was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on September 2, 2008 in the Historic Federal Building.
RESOLUTION NO. 276-08
FIRE STATION NO. 2 - JOHN F. KENNEDY ROAD PARKING LOT RECONSTRUCTION
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:
The proposed plans, specifications, form of contract and estimated cost for the Fire Station
No. 2 – John F. Kennedy Road Parking Lot Reconstruction Project, in the estimated amount
$93,934.47, are hereby preliminarily approved and ordered filed in the office of the City Clerk
for public inspection.
nd
A public hearing will be held on the 2 day of September, 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 Fire Station No. 2 - John F. Kennedy Road Parking Lot Reconstruction 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 4 day of September, 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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15 day of September, 2008, in the Historic Federal Building Council Chambers (second floor),
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350 West 6 Street, Dubuque, Iowa.
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Passed, adopted and approved this 18 day of August, 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:
Airport Commission: One 4-year term through September 14, 2012 (Term of Czeshinski).
Applicant: Susan Czeshinski, 2203 Sunnyslope Drive.
Appointments to the following Boards/Commissions:
Historic Preservation Commission (Langworthy District Interim Appointment): One 3-year
vacant term through July 1, 2011 (Term of Wainwright). Applicant: Pamela Cleek, 285 Burch
Street. Motion by Connors to appoint Pamela Cleek to a 3-year term on the Historic
Preservation Commission as an Interim Commissioner for the Langworthy District through July
1, 2011. Seconded by Jones. Motion carried 7-0.
TV Cable Community Teleprogramming Commission: One 3-year term through June 30,
2011 (Term of Hoverman). Applicant: Sr. Carol Hoverman, 1555 White Street. Motion by Jones
to appoint Sr. Carol Hoverman to a 3-year term on the TV Cable Teleprogramming
Commission through June 30, 2011. Seconded by Connors. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Request to Rezone – 2635 / 2635 ½ University Avenue: Proof of publication on notice of
hearing to consider a request from Greg Prehm, Dubuque Property Management, to rezone
property located at 2635 / 2635 ½ University Avenue from R-1 Single-family Residential District
and R-2 Two-Family Residential District to PR Planned Residential District and Zoning
Advisory Commission recommending denial.
Communication from Greg Prehm, Dubuque Property Management, withdrawing his request
for rezoning property at 2635 / 2635 ½ University Avenue.
Motion by Voetberg to receive and file the document and accept the request to withdraw.
Seconded by Connors. Motion carried 7-0.
nd
U.S. Highway 52 Resurfacing – 32 Street to the Northwest Arterial Project: Proof of
publication on notice of hearing to consider the plans and specifications, form of contract and
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estimated cost for the U.S. Highway 52 Resurfacing – 32 Street to the Northwest Arterial
Project and City Manager recommending approval. Motion by Connors to receive and file the
documents and adopt Resolution No. 277-08 Approving plans, specifications, form of contract,
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and estimated cost for the U.S. Highway 52 Resurfacing – 32 Street to the Northwest Arterial
Project. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 277-08
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
ND
COST FOR THE US 52 RESURFACING PROJECT – 32 STREET TO THE NORTHWEST
ARTERIAL
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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That the proposed plans, specifications, form of contract and estimated cost for the US 52
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Resurfacing Project – 32 Street to the Northwest Arterial, in the estimated amount
$846,678.02, are hereby approved.
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Passed, adopted and approved this 18 day of August, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Green Alley Pilot Project: Proof of publication on notice of hearing to consider the plans and
specifications, form of contract and estimated cost for the Green Alley Pilot Project and City
Manager recommending that the project be abandoned at this time. Motion by Lynch to receive
and file the documents and adopt Resolution No. 278-08 Rescinding Resolution No. 265-08
which provided preliminary approval of plans, specifications, form of contract, and estimated
cost and ordered the advertisement for bids for the Green Alley Pilot Project. Seconded by
Jones. Motion carried 7-0.
RESOLUTION NO. 278-08
GREEN ALLEY PILOT PROJECT
RESCINDING RESOLUTION NO. 265-08 WHICH PROVIDED PRELIMINARY APPROVAL
OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST ON THE
GREEN ALLEY PILOT PROJECT, SET THE DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST AND ORDERED THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Resolution No. 265-08 approving the proposed plans, specifications, form of contract and
estimated cost for the Green Alley Pilot Project, in the estimated amount $324,167.96, is
hereby rescinded.
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The public hearing set for the 18 day of August, 2008 at 6:30 p.m. in the Historic Federal
Building Council Chambers for interested persons to appear and be heard for or against the
proposed plans and specifications, form of contract and estimated cost of said Project is
hereby cancelled.
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The notice of bidders published on the 8 day of August, 2008 indicating the date of filing
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bids before 2:00 p.m. on the 21 day of August, 2008 and the final action at 6:30 p.m. on the
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2 day of September, 2008 in the Historic Federal Building Council Chambers (second floor),
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350 West 6 Street, Dubuque, Iowa is hereby withdrawn.
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Passed, adopted and approved this 18 day of August, 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
Tri-State Stamp Club: Request of Ted Clemens, Tri-State Stamp Club, to address the City
Council concerning the special cover which will be issued in connection with the November 1,
2008 stamp show. Motion by Connors to receive and file. Seconded by Voetberg. Mayor Buol
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suggested Mr. Clemens contact the 175 Anniversary Committee. Motion carried 7-0.
Five Flags Report: Joyce White, General Manager of the Five Flags Center for SMG, to
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present a report on the activity level of the Center in Fiscal Year 2008 and the prospects for
Fiscal Year 2009. Motion by Lynch to receive and file the document. Seconded by Jones.
Motion carried 7-0.
Settlement Agreement – Eagle Point Rock Face: City Manager recommending approval of
the settlement agreement with Royal Oaks Development for the Eagle Point Bluff Scaling and
Tree Removal Project. Motion by Jones to receive and file the documents and approve.
Seconded by Connors. Motion carried 7-0.
Placement of Helicopter at Veterans’ Memorial Plaza: City Manager recommending
approval of the placement of a Cobra Helicopter at the Veterans’ Memorial Plaza at McAleece
Park and Recreation Complex. Motion by Lynch to receive and file the documents and adopt
Resolution No. 279-08 Approving the placement of a helicopter at Veterans’ Memorial Plaza at
the McAleece Park and Recreation Complex. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 279-08
RESOLUTION APPROVING THE PLACEMENT OF HELICOPTER AT VETERANS’
MEMORIAL PLAZA AT THE McALEECE PARK AND RECREATION COMPLEX
WHEREAS, the Veterans’ Memorial Plaza organization desires to add a helicopter display
to the Veterans’ Memorial Plaza, and
WHEREAS, the City of Dubuque agrees to assume all responsibility for the upkeep and
safety of the helicopter
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That approval is given for the Veterans’ Memorial Plaza organization to place a Cobra
Helicopter as part of the Veterans’ Memorial Plaza at the McAleece Park and Recreation
Complex.
Passed, approved and adopted this 18th day of August, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Amendments to Fiscal Year 2008 and Fiscal Year 2009 Annual Action Plans: City Manager
recommending approval of an amendment to the Fiscal Year 2008 and Fiscal Year 2009
Annual Action Plans for the City’s Community Development Block Grant (CDBG) program.
Motion by Connors to receive and file the documents and adopt Resolution No. 280-08
Approving Fiscal Year 2008 Annual Action Plan Amendment #4 and Fiscal Year 2009 Annual
Action Plan Amendment #2 for Community Development Block Grant Funds. Seconded by
Jones. Developer John Gronen stated that he has worked with the Economic Development
Department for a façade grant and that the relocated building would provide retail and
apartment space. Motion carried 7-0.
RESOLUTION NO. 280-08
RESOLUTION APPROVING FISCAL YEAR 2008 ANNUAL ACTION PLAN AMENDMENT 4
AND FISCAL YEAR 2009 ANNUAL ACTION PLAN AMENDMENT 2 FOR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
Whereas, the City of Dubuque has prepared and approved Annual Plans for Fiscal Year
2008 (Program Year 2007) and Fiscal Year 2009 (Program Year 2008), and
Whereas, the City now desires to amend said Annual Plans to reallocate funds for economic
development activities and to adjust the administrative and public service caps; and
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Whereas, said amendment is a substantial amendment as provided in the City's Citizen
Participation Plan and must therefore be approved by resolution of the City Council after a
public hearing by the Community Development Advisory Commission; and
Whereas, the City held a public comment period beginning June 18, 2008 with publication in
the Telegraph Herald and on the City website; and
Whereas, the Community Development Advisory Commission reviewed the proposed
amendments on July 30, 2008 and voted to approve said amendments and to recommend
approval by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Fiscal Year 2008 (Program Year 2007) Annual Plan for the Community
Development Block Grant (CDBG) program hereto attached as Exhibit A is hereby approved.
Section 2. That the Fiscal Year 2009 (Program Year 2008) Annual Plan for the Community
A
Development Block Grant (CDBG) program hereto attached as Exhibit is hereby approved.
Section 3. That the City Manager is hereby authorized and directed to submit a copy of this
resolution to the U. S. Department of Housing and Urban Development.
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Passed, approved and adopted this 18 day of August 2008.
Roy D Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Downtown Parking Needs Assessment Study: City Manager submitting the final report on
the Downtown Parking Needs Assessment Study and recommending a course of action.
Motion by Connors to receive and file the documents and concur. Seconded by Jones. City
Council questioned the cost of new parking facilities versus the gain in space and the concepts
of overselling and un-reserving. Parking System Supervisor Tim Horsfield stated that this
would keep the project moving, and a plan would be brought back to the City Manager. Motion
carried 7-0.
Bee Branch Creek Restoration Project: City Manager recommending approval to negotiate a
contract with Strand Associates, Inc. to provide engineering and design services for the Bee
Branch Creek Restoration Project. Motion by Connors to receive and file the documents and
approve. Seconded by Braig. Motion carried 7-0.
Dubuque Industrial Center West – North Siegert Farm Grading Project: City Manager
recommending award of the contract for the Dubuque Industrial Center West – North Siegert
Farm Grading Project to Frattalone Companies, Inc. in the amount of $3,522,871.19. Motion by
Connors to receive and file the documents and adopt Resolution No. 281-08 Awarding public
improvement contract for the Dubuque Industrial Center West – North Siegert Farm Grading
Project. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 281-08
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE DUBUQUE INDUSTRIAL
CENTER WEST - NORTH SIEGERT FARM PROJECT
Whereas, sealed proposals have been submitted by contractors for the Dubuque Industrial
Center West - North Siegert Farm Project (the Project) pursuant to Resolution No. 245-08 and
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Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 25
day of July, 2008.
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Whereas, said sealed proposals were opened and read on the 6 day of August, 2008 and
it has been determined that Frattalone Companies of St. Paul, Minnesota, with a bid in the
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amount of $3,522,871.19, 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 Frattalone
Companies and the City Manager is hereby directed to execute a Public Improvement Contract
on behalf of the City of Dubuque for the Project.
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Passed, approved and adopted this 18 day of August, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Advisory Committee on Rules of Civil Procedure: City Manager advising that City Attorney
Barry Lindahl has been appointed to the Advisory Committee on Rules of Civil Procedure by
the Supreme Court of Iowa, for a three-year term ending September 30, 2011. Motion by
Connors to receive and file the document. Seconded by Braig. City Council congratulated
Lindahl on his appointment. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Connors reported on the Bike Rodeo and give-away sponsored by the Downtown
Neighborhood Council in Jackson Park on August 16. She commented on the need for
restrooms at the park.
Voetberg reported on the unveiling of the bike rack and noted that the City should look at
using the design in other areas.
Buol mentioned a possible “Art on the Street” program after having received citizen
comments regarding the need for bike racks around the city.
CLOSED SESSION
Motion by Jones to go into closed session at 8:00 p.m. regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) of the 2007 Code of Iowa. Seconded by
Connors. Motion carried 7-0.
Upon motion at 8:11 p.m., City Council reconvened in open session stating they had given
staff proper direction.
There being no further business, upon motion the City Council adjourned at 8:12 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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