5 4 09 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 May 4, 2009 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 of the City Council to act upon
such business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Reverend Judy Wadding of Hillcrest Family Services.
SWEARING-IN
Mayor Pro-Tem Joyce Connors
PROCLAMATIONS
Letter Carrier Food Drive Day (May 9, 2009) was accepted by Steve Heins, 2194 Southway
Drive; National Train Day (May 9, 2009) was accepted by Sue Czeshinski, 2203 Sunnyslope
Drive; Arthritis Walk Day (May 16, 2009) was accepted by Mike Clausen, 1730 Bristol Drive
and Jill Specht, 2123 Keyway Drive; Drinking Water Week (May 3 – 9, 2009) was accepted by
Water Plant Manager Bob Green; Public Service Recognition Week (May 4 – 10, 2009) was
accepted by Mayor Buol; Iowa School Board Recognition Week (May 10 – 16, 2009) was
accepted by Larry Loeppke, 1749 Churchill Drive and Mike Brannon, 489 South Grandview
Avenue; Nursing Home Week (May 10 – 16, 2009) was accepted by Michael Terrill,
Administrator, Dubuque Nursing and Rehab Center, 2935 Kaufamnn Avenue; Bike Safety
Month (May, 2009) was accepted by Sharon Frye, 2032 Golden Eagle Drive; Historic
Preservation Month (May, 2009) was accepted by Historic Preservation Commission
Chairperson Michael Knight, 942 Mt. Pleasant Street; Mental Health Month (May, 2009) was
accepted by John Cordes, Mental Health America for Dubuque County.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated including the amended consent agenda item (#28) Purchase of Service Agreement –
Burlington Trailways and moving action item (#10) Alcohol Civil Penalty Hearing – Tott’s Tap to
consent agenda (#12) Alcohol Compliance – Civil Penalties for Alcohol License Holders.
Seconded by Braig. Resnick requested (#15) Application to the Economic Development
Administration for Financial Assistance with a Downtown Parking Facility be held for separate
discussion. Motion carried 7-0.
Minutes and Reports Submitted: Cable Community Teleprogramming Commission of 3/3;
City Council of 4/20; Library Board of Trustees of 2/26
Proofs of publication of City Council Proceedings of April 6, 2009 (Regular and Special
Meetings) and List of Claims and Summary of Revenues for Month Ended March 31, 2009
Carnegie-Stout Public Library Board of Trustees Update from the Meeting of April 23, 2009;
Substance Abuse Services Center Third Quarterly Report.
Upon motion the documents were received and filed.
Notice of Claims/Suits: Portzen Construction, Inc. d/b/a Dubuque Plumbing and Heating
Company vs. City of Dubuque, et al; Andy Rettenmeier for property damage. Upon motion the
documents were received and filed and referred to the City Attorney.
City Attorney advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Andy Rettenmeier for
property damage. Upon motion the document was received and filed and concurred.
Homelessness Prevention and Rapid Re-Housing Program: City Manager recommending
approval of an application to the US Department of Housing and Urban Development (HUD)
and an amendment to the Fiscal Year 2009 (Consolidated Plan 2008) Annual Action Plan for
Homelessness Prevention and Rapid Re-Housing Program (HPRP) funding in the amount of
$502,294. Upon motion the documents were received and filed and Resolution No. 137-09
Approving the application and Fiscal Year 2009 Annual Action Plan (Consolidated Plan 2008)
Amendment 4 for the Homelessness Prevention and Rapid Re-Housing Program (HPRP)
Funding was adopted.
RESOLUTION NO. 137-09
RESOLUTION APPROVING THE APPLICATION AND FISCAL YEAR 2009 ANNUAL
ACTION PLAN (CONSOLIDATED PLAN 2008) AMENDMENT 4 FOR THE
HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM (HPRP) FUNDING
Whereas, the City of Dubuque prepared and filed a Fiscal Year 2009 Annual Action Plan
(Consolidated Plan 2008); and
Whereas, the City of Dubuque has received funding from the U.S. Department of Housing
and Urban Development (HUD) for the Homelessness Prevention and Rapid Re-Housing
Program (HPRP); and
Whereas, HUD requires submittal of a Homelessness Prevention and Rapid Re-Housing
Program application by May 18, 2008; and
Whereas, HUD requires the City of Dubuque to amend the Fiscal Year 2009 Annual Action
Plan (Consolidated Plan 2008) for the inclusion of the HPRP funding as per the attached
Exhibit A; and
Whereas, said amendment is a substantial amendment requiring a twelve day public
comment period and must therefore be approved by resolution of the City Council after a
public hearing by the Community Development Advisory Commission; and
Whereas, the Community Development Advisory Commission reviewed the proposed
amendment at a public hearing on April 22, 2009 following a public comment period beginning
on April 8, 2009 and has voted to approve said amendment 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 2009 Annual Action Plan (Consolidated Plan 2008) is
hereby amended as per Amendment 4, hereto attached as Exhibit A.
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Section 2.That said Homelessness Prevention and Rapid Re-Housing Program application
with certifications, and the Fiscal Year 2009 Annual Action Plan (Consolidated Plan 2008) -
Amendment 4 attached hereto as Exhibit A is hereby approved.
Section 3. That the City Manager is hereby authorized and directed to submit a copy of this
resolution and Homelessness Prevention and Rapid Re-Housing Program application,
certifications, and Amended Plan to the U. S. Department of Housing and Urban Development.
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Passed, approved and adopted this 4 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Iowa Community Cultural Grant Application: City Manager recommending approval of an
Iowa Community Cultural Grant Application, which will allow the City of Dubuque’s Part-Time
Arts and Cultural Affairs Coordinator position to remain at twenty hours per week. Upon motion
the documents were received, filed, and approved.
Louise Lane Bridge Reconstruction Project: City Manager recommending award of the
contract for the Louise Lane Bridge Reconstruction Project to Jim Schroeder Construction,
Inc., in the amount of $209,315.52. Upon motion the documents were received and filed and
Resolution No. 138-09 Awarding public improvement contract for the Louise Lane Bridge
Reconstruction Project was adopted.
RESOLUTION NO. 138-09
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE LOUISE LANE BRIDGE
RECONSTRUCTION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Louise Lane Bridge
Reconstruction Project (the Project) pursuant to Resolution No. 114-09 and Notice to Bidders
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published in a newspaper published in the City of Dubuque, Iowa on the 10 day of April,
2009.
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Whereas, said sealed proposals were opened and read on the 28 day of April, 2009 and it
has been determined that Jim Schroeder Construction, Inc. of Bellevue, Iowa, with a bid in the
amount of $209,315.52, 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 Jim Schroeder
Construction, Inc. 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 4 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Request for Proposals (RFP) – Millwork District Streets and Utilities Improvements: City
Manager recommending approval of the issuance of a Request for Proposals to seek qualified
firms interested in providing street and utility design for the public infrastructure associated with
the Historic Millwork District. Upon motion the documents were received, filed, and approved.
Acquisitions of Real Property / Easements: City Manager recommending approval of a
request from the Engineering Department for authorization to negotiate the purchase of
“uncomplicated” properties and easements, which have an estimated fair market value of less
than $10,000 for public improvement projects. Upon motion the documents were received and
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filed and Resolution No. 139-09 Allowing the use of the “Appraisal Waiver Provision” for
purchase of uncomplicated acquisitions for public improvement projects was adopted.
RESOLUTION NO. 139-09
A RESOLUTION TO ALLOW THE USE OF THE “APPRAISAL WAIVER PROVISION” FOR
PURCHASE OF UNCOMPLICATED ACQUISITIONS FOR PUBLIC IMPROVEMENT
PROJECTS
Whereas, during the course of design of public improvement projects, it may be necessary
for the City of Dubuque to acquire small tracts of land and/or easements with relatively low
values; and
Whereas, Iowa Code Section 6B.54(2) under certain conditions provides for the use of an
Appraisal Waiver Provision; and
Whereas, the Iowa Department of Transportation has established guidelines for non-
complex, minor acquisition of relatively low value which has been approved by the Federal
Highway Administration; and
Whereas, utilization of the Appraisal Waiver Provision will expedite the construction of public
improvements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of the Appraisal
Waiver Provision for non-complex, minor acquisitions of low value in accordance with
established Iowa Department of Transportation guidelines with latest revisions, attached
hereto, and as provided by Iowa Code Section 6B.54(2).
Section 2. The City Manager may designate appropriate City personnel to negotiate and
prepare a Compensation Estimate or other documents for minor acquisitions and/or
easements under the Appraisal Waiver Provision.
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Passed, adopted and approved this 4 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque Levee and Floodwall System – Letter of Agreement with FEMA: City Manager
recommending approval of a Provisionally Accredited Levee (PAL) Letter of Agreement with
the Federal Emergency Management Agency for the Dubuque Levee and Floodway System.
Upon motion the documents were received and filed and Resolution No. 140-09 Authorizing
execution of a Provisionally Accredited Levee (PAL) Letter of Agreement with the Federal
Emergency Management Agency for the Dubuque Levee and Floodway System was adopted.
RESOLUTION NO. 140-09
RESOLUTION AUTHORIZING EXECUTION OF A PROVISIONALLY ACCREDITED LEVEE
(PAL) LETTER OF AGREEMENT WITH THE FEDERAL EMERGENCY MANAGEMENT
AGENCY FOR THE DUBUQUE LEVEE AND FLOODWALL SYSTEM
Whereas, the Federal Emergency Management Agency (FEMA) has provided a Letter of
Agreement and Request for Provisionally Accredited Levee (PAL) Designation to the City of
Dubuque for the Dubuque levee and floodwall system along the Mississippi River; and
Whereas, the City of Dubuque has identified that the accreditation of this City-owned facility
is a community priority.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. The City Council does hereby authorize the Mayor, the City Manager, and the
City Engineer to sign and submit the Letter of Agreement and Request for Provisionally
Accredited Levee (PAL) Designation with FEMA on behalf of the City of Dubuque.
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Passed, approved and adopted this 4 day of May 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Historic Resource Development Program (HRDP) Grant Request for Mines of Spain
Exhibits and Education Program: City Manager recommending approval to submit an Historic
Resource Development Program (HRDP) Grant Application to the State Historical Society of
Iowa for the Mines of Spain Exhibit and Education Program and a Resolution of Support for the
application. Upon motion the documents were received and filed and Resolution No. 141-09
Approving HRDP Grant Application for Mines of Spain Exhibit and Education Program was
adopted.
RESOLUTION NO. 141-09
RESOLUTION APPROVING HRDP GRANT APPLICATION FOR MINES OF SPAIN EXHIBIT AND
EDUCATION PROGRAM.
Whereas, the State Historical Society of Iowa has Historic Resource Development Program
(HRDP) grant funds available for the preservation and interpretation of Iowa’s historic and
cultural resources; and
Whereas, the City of Dubuque has adopted a Comprehensive Plan with goals and
objectives for the preservation and interpretation of the community’s historic and cultural
resources; and
Whereas, the E.B. Lyons Interpretive Center at the Mines of Spain State Recreation Area is
owned by the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager is authorized to sign and submit this application to the
State Historical Society of Iowa for HRDP Grant Funds for the Mines of Spain Exhibit and
Education Program.
Section 2. That the City of Dubuque agrees to abide by all local, state and federal
requirements applicable to the proposed budget.
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Passed, approved and adopted this 4 day of May 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Google Earth / City Imagery Update: City Manager recommending approval of a Content
Release Agreement that allows Google Earth to use the City’s data in order to better the
Google Earth product. Upon motion the documents were received, filed, and approved.
Tobacco Compliance – Civil Penalties for Tobacco License Holders: City Manager
recommending approval of the Acknowledgement / Settlement Agreements for a second
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offense tobacco compliance violation for 16 Street Auto Truck Plaza, 1215 East 16 Street.
Upon motion the documents were received, filed, and approved.
Alcohol Compliance – Civil Penalties for Alcohol License Holders: City Manager
recommending approval of the Acknowledgement/Settlement Agreements for a first offense
alcohol compliance violation for The Channel Inn, 2010 ½ Kerper Boulevard; first offense
alcohol compliance violation for Tott’s Tap, 3457 Jackson Street; the 14-day license
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suspension for Haun’s Special Meats, 3033 Asbury Road; and to set a first offense alcohol civil
penalty hearing for May 18, 2009 regarding The Club House, 2364 Washington Street. Upon
motion the documents were received, filed, and a Penalty Hearing was set for May 18, 2009.
Quarterly Investment Report: City Manager transmitting the March 31, 2009 Quarterly
Investment Report. Upon motion the documents were received and filed.
Citizen Communication: Communication from H. Charles Tyler requesting that stop lights be
installed at the entryway leading from Kennedy Mall and Best Buy. Upon motion the
communication was received and filed and referred to the City Manager.
Application to the Economic Development Administration for Financial Assistance with a
Downtown Parking Facility: City Manager recommending approval of the submission of an
application to the Economic Development Administration for downtown parking ramp funding.
Motion by Resnick to receive and file the documents and approve the recommendation.
Seconded by Connors. Van Milligen stated he will amend the application to reflect the
approved site selection.
Eagle Point Clear Well Reservoir Rehabilitation Phase II (Pipe Coating) Project: City
Manager recommending award of the construction contract for the Eagle Point Clear Well
Reservoir Rehabilitation Phase II (Pipe Coating) Project to K & W Coating, LLC in the amount
of $35,000. Upon motion the documents were received and filed and Resolution No. 142-09
Awarding the public improvement contract for the Eagle Point Clear Well Reservoir
Rehabilitation Phase II (Pipe Coating) Project was adopted.
RESOLUTION NO. 142-09
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE EAGLE POINT WATER
PLANT CLEAR WELL RESERVOIR PHASE II REHABILITATION (PIPE COATING)
PROJECT
Whereas, sealed proposals have been submitted by contractors for the Eagle Point Water
Plant Clear Well Reservoir Phase II Rehabilitation (Pipe Coating) Project (The Project)
pursuant to Resolution 116-09 and Notice to Bidders published in a newspaper in the City of
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Dubuque, Iowa on the 20 day of March, 2009.
Whereas, said sealed proposals were opened and read on the 8th day of April, 2009, and it
has been determined that K & W Coating, LLC of Elkader, Iowa with a bid in the amount of
$35,000 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 K & W Coating,
LLC of Elkader, Iowa 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 4 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Letter of Support – Upgrade of US Highway 20 to Four Lanes : City Manager recommending
approval of a Letter of Support for the Jo Daviess/Stephenson 4-Lane 20 Association efforts to
upgrade Highway 20, particularly the Freeport Bypass and Galena Bypass. Upon motion the
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documents were received and filed and Resolution No. 143-09 Resolution of Support for the
upgrade of US Highway 20 to four lanes was adopted.
RESOLUTION NO. 143-09
RESOLUTION OF SUPPORT FOR THE UPGRADE OF US HIGHWAY 20 TO FOUR LANES
Whereas, the City of Dubuque has been informed by the organization, JDS 4-Lane 20
Association” that the State of Illinois Governor and legislature will be considering projects for
its newly-proposed Capital Bill plan; and
Whereas, the funding of the upgrade of US Highway 20 to four lanes, including the Freeport
ByPass and Galena ByPass, should be included in its Capital Bill plan; and
Whereas, the successful passage of such funding for the upgrade of US Highway 20 to four
lanes, will improve the safety and traffic needs for the State of Illinois, State of Iowa, as well as
the entire United States transportation system.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque supports the upgrade of US Highway 20 to four lanes,
including the Freeport ByPass and Galena ByPass, through the State of Illinois Capital Bill
plan.
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Passed, adopted and approved this 4 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Bradley Farm Airport Property Acquisition: City Manager recommending acceptance of the
deed to property from Ronald Bradley, Jeffrey Bradley, and Brian and Kimberly Bradley, 10719
Merlin Lane, for the Dubuque Regional Airport Terminal Relocation Project. Upon motion the
documents were received and filed and Resolution No. 144-09 Approving the acquisition of
real property located at 10719 Merlin Lane, Dubuque, Iowa, was adopted.
RESOLUTION NO. 144-09
APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 10719 MERLIN LANE,
DUBUQUE, IOWA
WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of
the Dubuque Regional Airport for the Dubuque Regional Airport Terminal Relocation Project;
and
WHEREAS, a purchase agreement has been finalized with the owners of the properties
described below.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property:
Lot 2 of the SE ¼ of the NW ¼; and the SW ¼ of the NW ¼, except ½ acre in the
SW Corner thereof deeded to Independent School District of Table Mound
Township; Lot 2 of Lot 2 of the NW ¼ of the NW ¼; Lot 3 of Lot 1 of Lot 2 of Lot 1
of the NE ¼ of the NW ¼; all in Section 35, Township 88 North, Range 2 East of
the 5th P.M., in Dubuque County, Iowa, according to the United States
Government Survey and the recorded plats thereof, less right of way conveyed to
the State of Iowa and/or the State Highway Commission for road purposes, and
that part sold to the City of Dubuque, Iowa, for airport purposes; and together
with and subject to all rights and easements of record.
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At the cost of One Million One Hundred Thousand Dollars ($1,100,00.00).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed
from the owners, conveying the owners’ 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
Warranty 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, adopted and approved this 4 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Hartman Airport Property Acquisition: City Manager recommending acceptance of the deed
to property from Ronald and Ellen Hartman, 8198 Jecklin Lane, for the Dubuque Regional
Airport Terminal Relocation Project. Upon motion the documents were received and filed and
Resolution No. 145-09 Approving the acquisition of real property located at 8198 Jecklin Lane,
Dubuque, Iowa, was adopted.
RESOLUTION NO. 145-09
APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 8198 JECKLIN LANE,
DUBUQUE, IOWA
WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of
the Dubuque Regional Airport for the Dubuque Regional Airport Terminal Relocation Project;
and
WHEREAS, a purchase agreement has been finalized with the owners of the properties
described below.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property:
Lot 2 of Lot 1 of the SE ¼ of the SE ¼ of Section 21; the SW ¼ of the SW ¼ of Section
22; the NW ¼ of the NW ¼, and, the SW ¼ of the NW ¼, of Section 27; Lot 1 of the NE
¼ of the NE ¼, and, Lot 2 of the NE ¼ of the NE ¼, of Section 28; all in Township 88
North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to the United
States Government Survey and the recorded plats thereof
At the cost of Sixteen Thousand Fifty Dollars ($16,050.00).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed
from the owners, conveying the owners’ 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
Warranty 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, adopted and approved this 4 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Adult Entertainment Settlement: Assistant City Attorney recommending approval of the
negotiated settlement with The Office. Upon motion the document was received, filed, and
approved.
Civil Service Commission: Civil Service Commission submitting the certified lists for the
positions of Sanitation Driver and Laboratory Technician. Upon motion the documents were
received and filed and made a Matter of Record.
April 1, 2009
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of
Sanitation Driver was given on February 25, 2009. 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.
SANITATION DRIVER
Richard Asbell Brian Hoffman Daniel Oberbroeckling
Andrew Beecher Richard Kemp Brad Petitgout
Jesse Begle Jeffrey Klein Mark Pottebaum
Michael Conner Laurance Krapfl Daniel Richeson
Nicholas Connolly Jr. Matt Laucamp Scott Ries
Christopher Curran Corey Leach Jeremy Rouse
Brian Edgington Jeff McElmeel Greg Schuckert
George Flanagan Jr. Joseph Meyer Loren Siebe
John Foht LeRoy Meyer Richard Tomkins
Chris Gallivan David Moore Thomas Voss
Mark Gukeisen Dennis Murphy Donald Weig
Brian Heim Scott Nauman Jeffreyi Weiland
Daniel Heins Paul Neuhaus Richard Zuber
Jon Herrig Drew Noel
Respectfully submitted,
Dan White, Commissioner
Jim Schilling, Commissioner
Civil Service Commission
April 1, 2009
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of
Laboratory Technician was given on February 9, 2009. 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.
LABORATORY TECHNICIAN
Erienne M. Barton Peter M. McNamara
Jason R. Begle Natalie A. Moore
Jonathan D. Blair Paul E. Nowachek
Angela M. Cannon William J. O’ Brien
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Daniel J. Dunne Kenneth D. Offerman
George J. Fountas Vincent A. Oliveri III
Rebecca M. Jensen Micah K. Reuber
Kayla J. Kemp Stephanie L. Smith
Ronald L. Marty John T. Tigges
Mark R. Wild
Respectfully submitted,
Dan White, Commissioner
Jim Schilling, Commissioner
Civil Service Commission
Investment Policy Recertification: City Manager advising that the City of Dubuque’s
investment policy has been recertified by the Association of Public Treasurers of the United
States and Canada and approved for the Certificate of Excellence Award. Upon motion the
documents were received and filed.
Legislative Correspondence: Correspondence to area legislators thanking them for their
efforts this legislative session to ensure that progress in the State of Iowa continues and that
Eastern Iowa, and specifically the City of Dubuque, is a part of that progress. Upon motion the
documents were received and filed.
Mediacom: Mediacom submitting the 2008 Annual Report (on file in the City Clerk’s Office).
Upon motion the document was received and filed.
Signed Contracts: Consultant Services for I&I Investigation; Kephart Building Improvement
Project Additional Services Agreement #3. Upon motion the documents were received and
filed.
Liquor License Refund: Request of James Goetzinger for a refund of his Class C Liquor
License in the amount of $845. Upon motion the document was received and filed and the
refund 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. 146-09 Granting the issuance of a Class “C” Beer Permit to Keywest Conoco, Casey’s
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General Store #2420, Casey’s General Store #2421, 16 Street Auto Truck Plaza, and
McCann’s Service; and Resolution No. 147-09 Granting the issuance of a Class “C”
Beer/Liquor License to Buffalo Wild Wings, Kalmes Breaktime, Shot Tower Inn, Marco’s, and
Catfish Charlie’s; Special Class “C” Liquor License to Jorja’s Restaurant; Class “WCN” Wine
License to Stone Cliff Winery; and Class “WBN” Native Wine License to Keywest Conoco and
Casey’s General Store #2420 were adopted.
RESOLUTION NO. 146-09
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:
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That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
CLASS “C” BEER PERMIT
Rainbo Oil Co. Keywest Conoco +(Sunday Sale) 2150 Twin Valley
Casey’s Marketing Co. Casey’s General Store # 2420 2699 Rockdale Road
+(SundaySale)
Casey’s Marketing Co. Casey’s General Store # 2421 4003 Peru Road
+(SundaySale)
Mulgrew Oil Co. 16 th St Auto Truck Plaza +(Sunday Sale) 1215 E. 16 th Street
McCann’s Service Inc. McCann’s Service +(Sunday Sale) 690 W Locust Street
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Passed, approved and adopted this 4 day of May, 2009
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 147-09
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
Blazin Wings, Inc Buffalo Wild Wings+(Sunday/Outdoor Sale) 2805 N W Arterial
Kalmes Brothers LLC Kalmes Breaktime+(Sunday Sale) 1097 Jackson Street
DBQ, Inc Shot Tower Inn+(Sunday Sale) 390 Locust Street
Marco’s Inc. Marco’s Italian American Food 2022 Central Avenue
Catfish Charlie’s LLC Catfish Charlie’s(Sunday/Outdoor Sale) 1630 E 16 th Street
SPECIAL CLASS “C” LIQUOR LICENSE
Jorja-Restaurant Inc Jorja Restaurant 3130 Jackson Street
CLASS “WCN” WINE LICENSE
Stone Cliff Winery, Inc. Stone Cliff Winery+(Sunday/Outdoor Sale) 600 Star Brewery Drive
CLASS “WBN” NATIVE WINE LICENSE
Rainbo Oil Co. Keywest Conoco 2150 Twin Valley Road
Casey’s Marketing Co. Casey’s General Store #2420 2699 Rockdale Road
Passed, approved and adopted this 4th day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Purchase of Service Agreement – Burlington Trailways: City Manager recommending
approval of a Purchase of Service Agreement with Burlington Trailways for the City’s financial
support to operate a bus depot and ticket sales office located at 400 Rhomberg Avenue. Upon
motion the documents were received, filed, and approved.
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ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolution, set the public
hearing as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Jones. Motion carried 7-0.
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Locust Street Sidewalk and Traffic Signal Installation – 8 to 12 Street Project: City
Manager recommending initiation of the public bidding process for the Locust Street Sidewalk
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and Traffic Signal Installation – 8 to 12 Street Project and that a public hearing be set for
May 18, 2009. Upon motion the documents were received and filed and Resolution No. 148-09
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
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the advertisement for bids for the Locust Street Sidewalk and Traffic Signal Installation – 8 to
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12 Street Project was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on May 18, 2009, in the Historic Federal Building.
RESOLUTION NO. 148-09
LOCUST STREET SIDEWALK AND TRAFFIC SIGNAL PROJECT,
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8 TO 12 STREET
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Locust
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Street Sidewalk and Traffic Signal Project, 8 to 12 Street, in the estimated amount
$629,818.20, 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 18 day of May, 2009, 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.
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The Locust Street Sidewalk and Traffic Signal Project, 8 to 12 Street, is hereby ordered to
be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
published not less than four but not more than forty-five days before the date for filing bids
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before 2:00 p.m. on the 21 day of May, 2009. 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 1 day
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of June, 2009, in the Historic Federal Building Council Chambers (second floor), 350 West 6
Street, Dubuque, Iowa.
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Passed, adopted and approved this 4 day of May, 2009.
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: Electrical Code Board:Two 3-year terms through May 21,
2012 (Terms of Schmidt and Uhlrich) (Electrical Experience/Background requirement).
Applicants: Bob Schmidt, 2184 Orchard Drive; and Paul Uhlrich, 489 Olympic Heights Road.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Kephart Building Roof Replacement Project: Proof of publication on notice of public hearing
to consider the plans, specifications, form of contract, and estimated cost for the Kephart
Building Roof Replacement Project and City Manager recommending approval and award of
the contract to Giese Roofing Company, in the amount of $79,495. Motion by Connors to
receive and file the documents and adopt Resolution No. 149-09 Approving plans,
specifications, form of contract, and estimated cost for the Kephart Building Roof Replacement
Project; and Resolution No. 150-09 Awarding public improvement contract for the Kephart
Building Roof Replacement Project. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 149-09
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE KEPHART BUILDING ROOF REPLACEMENT 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 Kephart
Building Roof Replacement Project, in the estimated amount $75,000, are hereby approved.
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Passed, adopted and approved this 4 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 150-09
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE KEPHART BUILDING ROOF
REPLACEMENT PROJECT
Whereas, sealed proposals have been submitted by contractors for the Kephart Building
Roof Replacement Project (the Project) pursuant to Resolution No. 132-09 and Notice to
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Bidders published in a newspaper published in the City of Dubuque, Iowa on the 21 and 24
days of April, 2009; and
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Whereas, said sealed proposals were opened and read on the 28 day of April, 2009 and it
has been determined that Giese Roofing Company of Dubuque, Iowa, with a bid in the amount
of $79,495.00, is the lowest responsive, responsible bidder for the Project.
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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 Giese Roofing
Company 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 4 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fiscal Year 2009 Second Budget Amendment: Proof of publication on notice of hearing to
consider the Second Amendment to the Fiscal Year 2009 Budget and City Manager
recommending approval. Motion by Connors to receive and file the documents and adopt
Resolution No. 151-09 Approving Amendment No. 2 to the Fiscal Year 2009 Budget for the
City of Dubuque. Seconded by Jones. Motion carried 7-0.
RESOLUTION No. 151-09
RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING
JUNE 30, 2009, (AS AMENDED LAST ON 10/06/2008)
Be it Resolved by the Council of the City of Dubuque:
Section 1. Following notice published and the public hearing held 05/04/2009 the current
budget (as previously amended) is amended as set out herein and in the detail by fund type
and activity that supports this resolution which was considered at that hearing:
Total Budget Total Budget
as certified Current after Current
or last amended Amendment Amendment
Revenues & Other Financing Sources
Taxes Levied on Property 1 17,959,420 0 17,959,420
Less: Uncollected Property Taxes-Levy Year 2 0 0 0
Net Current Property Taxes 3
17,959,420 0 17,959,420
Delinquent Property Taxes 4 0 0 0
TIF Revenues 5 4,963,583 0 4,963,583
Other City Taxes 6 13,814,149 0 13,814,149
Licenses & Permits 7 1,340,904 0 1,340,904
Use of Money and Property 8 12,970,806 23,950 12,994,756
Intergovernmental 9 41,663,431 -353,205 41,310,226
Charges for Services 10 25,622,181 0 25,622,181
Special Assessments 11 1,463,510 0 1,463,510
Miscellaneous 12 7,684,764 1,720,854 9,405,618
Other Financing Sources 13 83,799,953 637,576 84,437,529
Total Revenues and Other Sources 14
211,282,701 2,029,175 213,311,876
Expenditures & Other Financing Uses
Public Safety 15 21,412,675 75,207 21,487,882
Public Works 16 11,031,362 882,623 11,913,985
Health and Social Services 17 921,267 9,679 930,946
Culture and Recreation 18 8,576,519 64,429 8,640,948
Community and Economic Development 19 9,541,103 580,041 10,121,144
General Government 20 6,289,534 178,720 6,468,254
Debt Service 21 5,266,656 232,933 5,499,589
Capital Projects 22 62,229,926 17,981,786 80,211,712
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Total Government Activities Expenditures 23 125,269,042 20,005,418 145,274,460
Business Type / Enterprises 24 54,568,436 2,200,070 56,768,506
Total Gov Activities & Business Expenditures 25
179,837,478 22,205,488 202,042,966
Transfers Out 26 49,367,543 1,070,576 50,438,119
Total Expenditures/Transfers Out 27
229,205,021 23,276,064 252,481,085
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out Fiscal Year 28
-17,922,320 -21,246,889 -39,169,209
Continuing Appropriation 29
0 N/A 0
Beginning Fund Balance July 1 30 33,864,516 31,263,536 65,128,052
Ending Fund Balance June 30 31
15,942,196 10,016,647 25,958,843
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Passed this 4 day of May, 2009
Roy D. Buol, Mayor
Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Request to Address the City Council: Communication from Cindy Iwasaki, 560 Hill Street,
requesting to address the City Council regarding a fallen retaining wall. Motion by Connors to
receive and file the document. Seconded by Jones. Ms. Iwasaki spoke requesting assistance
from the City regarding a fallen retaining wall from an adjacent home behind her property
stating that the owner cannot afford to repair the wall, and it has become a safety issue.
Following Council discussion, Van Milligen stated that the City will only assist private property
owners when the issue involves the public right-of-way, and that providing assistance would
create a new policy and a major financial impact on the City. In summary, Mayor Buol stated
that the City cannot take on private sector issues using tax dollars. Motion carried 7-0.
Citizen Communication: Communication from Beth Shank regarding the Keyline bus route
and speed limit on Dove Street. Ms. Shank was not in attendance. Motion by Connors to
receive and file the communication. Seconded by Voetberg. Motion carried 7-0.
Police Department Organizational Supervision Realignment: City Manager recommending
approval of organizational supervision realignment for the Police Department, which involves
the creation and elimination of some civil service positions. Motion by Connors to receive and
file the documents and approve the recommendation. Seconded by Lynch. Motion carried 7-0.
2009 Art on the River: Arts and Cultural Affairs Advisory Commission requesting City
Council approval of the selection of artwork for the 2009 Art on the River competition. Motion
by Connors to receive and file the documents and approve the selection. Seconded by Lynch.
Motion carried 7-0.
Washington Neighborhood Development Corporation (WNDC): City Manager
recommending approval of the reallocation of $100,000 from the Homeownership Grants to
fund the activities of the Washington Neighborhood Development Corporation. Motion by
Jones to receive and file the documents and approve the recommendation. Seconded by
Voetberg. Motion carried 7-0.
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Sidewalk Installation Program (First Reading on April 20, 2009): 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 Jones. Motion carried 6-1 with Lynch voting nay.
Motion by Connors for final consideration and passage of Ordinance No. 25-09 Amending
Chapter 41, Streets, Sidewalks and Public Places, of the City of Dubuque Code of Ordinances
by changing Subsection (a) and (b) and adding a new Subsection 41-100(c) authorizing City
Manager to review appeals. Seconded by Braig. Motion carried 6-1 with Lynch voting nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 25-09
AMENDING CHAPTER 41, STREETS, SIDEWALKS AND PUBLIC PLACES, OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY CHANGING SUBSECTION (a) AND (b) AND
ADDING A NEW SUBSECTION 41-100(c) AUTHORIZING CITY MANAGER TO REVIEW
APPEALS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That Art. V, Section 41-100 of the Code of Ordinances, City of Dubuque, is amended by
changing subsections (a) and (b) and by adding subsection (c):
Section 41-100. Installation
(a) The owner of any lot or parcel in any area of the city, whether such lot or parcel
is residential, commercial, or industrial, that abuts upon any improved public street that
has curb and gutter shall, at the owner’s cost, install sidewalk on such lot or parcel
when said lot or parcel is developed or redeveloped or at the direction of City Council.
For purposes of this paragraph, development or redevelopment means any
improvement that requires a building permit, site plan approval, and changes the
footprint of the structure.
(b) The City Manager shall make the initial review of appeal and may approve, deny
or forward to City Council for their action.
(c) This ordinance shall take effect on publication.
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Passed, approved, and adopted this 4 day of May, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 8 day of May, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
Downtown Parking Ramp Site Selection Recommendation: City Manager recommending
that the City Council select the site of a new downtown parking ramp. Motion by Connors to
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receive and file the documents and select the two-site option (10 and Iowa Streets / 5 and
Bluff Streets). Seconded by Braig. City Council discussion included concerns over the height of
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the ramp at the 5 and Bluff Streets site, ramp proximity to both current and future businesses,
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street-level appeal at the 5 and Main Streets site, funding sources and financial differences
between the options, secured bicycle parking, and project timing. Motion carried 6-1 with
Resnick voting nay.
Request for Proposals – Design of Downtown Parking Ramp: City Manager recommending
approval of the issuance of a Request for Proposals for engineering/design services required
to design a new downtown parking ramp. Motion by Jones to receive and file the documents
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and approve the recommendation adding bicycle parking to the design. Seconded by Connors.
Motion carried 7-0.
H1N1 Influenza (Swine Flu) Update: City Manager transmitting information regarding the
local response to the recent H1N1 (Swine Flu) Influenza outbreak. Motion by Lynch to receive
and file the report. Seconded by Braig. Public Health Specialist Mary Rose Corrigan provided a
verbal update stating that Governor Culver has declared a public health emergency, which aid
in funding. Ten public information health advisories have been sent out in addition to an
infomercial and personal care programs placed on City Channel 8, and updates to the City’s
website. Two health preparedness meetings have been held and a Joint Information
Committee has been formed. Corrigan stated that there is one confirmed and seven probable
cases across Marshall, Johnson, Scott, and Polk Counties. The Iowa Department of Public
Health is distributing antiviral medication to counties and health care providers. The virus is a
combination of human, avian, and swine viruses and has been given the name of Swine-Origin
Influenza Virus. The virus is wide spread and health officials are keeping their guard up for the
fall 2009 influenza season. Motion carried 7-0
Alcohol Civil Penalty Hearing – Tott’s Tap: City Manager submitting information regarding
the alcohol civil penalty for Tott’s Tap. This item was added to the consent agenda upon
settlement prior to the meeting.
Unified Development Code Work Session Dates: City Manager recommending that a series
of work sessions on the draft Unified Development Code be scheduled for Monday, May 11;
Wednesday, May 27; Monday, June 8; and Monday, June 29. Motion by Jones to receive and
file the documents and approve the recommended dates. Seconded by Voetberg. Braig stated
that she is not available for the June 8 session. Lynch stated that he is not available for the
May 27 session. Van Milligen stated that dinner would be served at 5:00 p.m. with the work
session starting at 5:30 p.m. Motion carried 7-0.
East / West Corridor Study Work Session Date: City Manager recommending that a work
session be scheduled for 5:00 p.m. on Monday, July 20, 2009, to provide an update on the
East – West Corridor Connectivity Study. Motion by Jones to receive and file the documents
and approve the recommended date. Seconded by Voetberg. Van Milligen stated that dinner
would be served at 4:30 p.m. with the work session starting at 5:00 p.m. Motion carried 7-0.
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COUNCIL MEMBER REPORTS
Jones reported that he had learned former ISU nurse and friend Tania McClain was ill and
thanked her for her work in helping to develop the City’s Fire Department Paramedic Program
in 1974.
There being no further business, upon motion the City Council adjourned at 8:37 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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