3 1 10 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 March 1, 2010 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 Dr. Reverend Winston Persaud of Wartburg Seminary.
PROCLAMATION
Recognition of Lieutenant Scott Baxter Proclamation was accepted by Lt. Baxter.
REPORT ON INITIATIVES TO ADDRESS CRIME AND SAFETY
Members of the Safe Community Task Force provided a slide presentation report of the
Task Force’s progress and recommendations. Task Force members spoke on the following
associated topics: Assistant City Attorney Crenna Brumwell – Task Force history, membership,
neighborhood resource management, recently modified ordinances, and landlord
collaborations; Task Force Member Lynn Sutton – 2010 Task Force recommendations; Police
Chief Mark Dalsing – Police Department statistics, initiatives and partnerships; Human Rights
Director Kelly Larson – Human Rights Department services; Housing and Community
Development Director David Harris – Housing programs, enforcement, modification proposals,
and successes; Washington Neighborhood Corporation Executive Director Angela Petsche –
WNC history and focus areas; Sustainability Coordinator Cori Burbach – sustainability and
related sustainable projects; Project HOPE Coordinator and Multi-Cultural Center
Representative Alyssa Hauser – Bridges Out of Poverty, Getting Ahead in a Just-Getting-By
World, Every Child/Every Promise and the Multi-Cultural Center’s history and programming;
Economic Development Director Dave Heiar – Greater Dubuque Development Corporation’s
Dubuque Works, job growth, and Historic Millwork District development; Acting Leisure
Services Manager Pat Prevenas – recreational programs; and Neighborhood Development
Specialist Jerelyn O’Connor – Neighborhood Associations and development projects.
The City Council recessed from 8:00 p.m. to 8:03 p.m.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Resnick. Jones requested (#15) Citizen Communication from William
C. Fuerste be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: City Council of February 11, 15 and 16; Civil Service
Commission of 12/11 and 2/16; Housing Commission of 1/26; Historic Preservation
Commission of 2/18; Human Rights Commission of 1/11; Long Range Planning Advisory
Commission of 2/17; Park and Recreation Commission of 2/9
Library Board of Trustees Update from the Meeting of January 28 and Special Meeting of
February 11, 2010
Proofs of publication of City Council Proceedings of February 1, 8, 10, and 11, 2010
Upon motion the documents were received and filed.
Notice of Claims/Suits: Hazel Curiel for vehicle damage; Everett Corley for vehicle damage;
Elmer Robinson for vehicle damage. Upon motion the documents were received, 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: Elmer Robinson for
vehicle damage; Hazel Curiel for vehicle damage. Upon motion the documents were received,
filed, and concurred.
Deborah and Jeffrey Drive Drain Tile Program: City Manager recommending acceptance of
the Deborah and Jeffrey Drive Drain Tile Program as completed by Top Grade Excavating,
Inc., in the final contract amount of $44,407.74. Upon motion the documents were received
and filed and Resolution No. 57-10 Accepting the Deborah and Jeffrey Drive Drain Tile Project
and authorizing payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 57-10
ACCEPTING THE DEBORAH & JEFFREY DRIVE DRAIN TILE PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Deborah & Jeffrey Drive Drain Tile
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.
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 Drain
Tile Program appropriation for the contract amount of $44,407.74 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.
st
Passed, approved and adopted this 1 day of March, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE DEBORAH &
JEFFREY DRIVE DRAIN TILE PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Deborah & Jeffrey Drive Drain Tile Project, that the Project has been performed
2
in compliance with the terms of the Public Improvement Contract, and that the total cost of the
completed work is $48,407.74.
rd
Dated this 23 day of February, 2010.
Gus Psihoyos, City Engineer
th
Filed in the office of the City Clerk on the 25 day of February, 2010.
Jeanne F. Schneider, CMC, City Clerk
Oak Grove Sanitary Sewer and Water Main Extension Project: City Manager recommending
acceptance of the Oak Grove Sanitary Sewer and Water Main Extension Project as completed
by Drew Cook and Sons Excavating Co., Inc. in the final contract amount of $128,564.81.
Upon motion the documents were received and filed and Resolution No. 58-10 Accepting the
Oak Grove Sanitary Sewer and Water Main Project and authorizing payment of the contract
amount to the contractor and Resolution No. 59-10 Adopting the final assessment schedule for
the Oak Grove Sanitary Sewer and Water Main Extension Project were adopted.
RESOLUTION NO. 58-10
ACCEPTING THE OAK GROVE SANITARY SEWER AND WATER MAIN EXTENSION
PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract for the Oak Grove Sanitary Sewer and Water
Main Extension 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.
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 Oak
Grove Sanitary Sewer, Water Main Extensions, Special Assessments (Sanitary), Special
Assessments (Water Main), and Special Assessments (Water Service Line) appropriations for
the contract amount of $128,564.81 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.
Passed, approved and adopted this 1st day of March, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE OAK GROVE
SANITARY SEWER AND WATER MAIN EXTENSION PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Oak Grove Sanitary Sewer and Water Main Extension 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 $146,463.58.
Dated this 23rd day of February, 2010.
Gus Psihoyos, City Engineer
th
Filed in the office of the City Clerk on the 25 day of February, 2010.
Jeanne F. Schneider, CMC, City Clerk
3
RESOLUTION NO. 59-10
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE OAK GROVE SANITARY
SEWER AND WATER MAIN EXTENSION PROJECT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule of Assessments as shown on the attached
sheet(s), Page 1 to Page 1 inclusive is hereby approved for the Oak Grove Sanitary Sewer
and Water Main Extension Project.
There is hereby assessed and levied as a special tax against and upon each of the
benefited properties, the respective sums indicated. The amounts shown in said Final
Schedule of Assessments as deficiencies are found to be proper and levied conditionally
against the respective properties benefited by the improvements as shown in the Final
Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments
against said lots are hereby declared to be in proportion to the special benefits conferred and
not in excess of twenty-five percent of the value of same.
The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the
County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once
each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first
publication of which shall be not more than fifteen days from the date of filing of the Final
Schedule of Assessments. On or before the date of the second publication of the notice, the
City Clerk shall also mail a copy of said notice to property owners whose property is subject to
assessment, as provided in Iowa Code § 384.60.
The assessments may be paid in full or in part without interest at the office of the City
Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the
date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments
of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office,
Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual
interest at nine percent (9%) computed to December 1 next following the due dates of the
respective installments as provided in Section 384.65 of the Code of Iowa. Each installment
will be delinquent from October 1 following its due date on July 1 of each year. However, when
the last day of September is a Saturday or Sunday, that amount shall be delinquent from the
second business day of October. Delinquent installments will draw the same delinquent
interest as ordinary taxes. Property owners may elect to pay any annual installments semi-
annually in advance.
Passed, approved and adopted this 1st day of March, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
OAK GROVE SANITARY SEWER AND WATER MAIN
FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS
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 true valuations of such
lots by the city council of the City of Dubuque, Iowa. The assessments and connection fees are
for one connection only; An additional connection charge will be calculated and collected prior
to any lot not legally described herein, including lots created through the re-platting of the lots
identified herein, connecting to the sanitary sewer or water main.
OWNER, MAILING ADDRESS, LEGAL DESCRIPTION, GROSS ASSESSMENT,
VALUATION, VALUATION w/IMPROVEMENT, DEFICIENCY ASSESSMENT, SEWER
4
ASSESSMENT, WATER MAIN ASSESSMENT, WATER SERVICE ASSESSMENT, TOTAL
NET ASSESSMENT, SEWER CONNECTION FEE
Errthum, Allen N. & Carol A, 10 Oak Grove Drive, Dubuque, IA 52002, Lot 8 Blk 1 Fischer
Heights, $10,824.22, $106,300.00, $118,913.64, $0.00, $9,064.02, $704.00, $1,056.20,
$10,824.22;
Weis, Leonard J, 20 Oak Grove Drive, Dubuque, IA 52002, Lot 7 Blk 1 Fischer Heights,
$11,193.82, $114,500.00, $127,201.64, $0.00, $9,064.02, $792.00, $1,337.80, $11,193.82;
Latham, Wm. L. & Leanore A., 35 Oak Grove Drive, Dubuque, IA 52002, Lot 4 & Lot 5 Blk 1
Fischer Heights, $11,681.12, $108,900.00, $123,379.79, $0.00, $9,064.02, $1,596.10,
$1,021.00, $11,681.12;
Atkinson, Terry L., 2665 White Street, Dubuque, IA 52001, Lot 6 Blk 1 Fischer Heights,
$11,174.02, $105,200.00, $117,901.64, $0.00, $9,064.02, $825.00, $1,285.00, $11,174.02;
Duddeck, Richard & Yvonne E & L. E. Duddeck, Carl & Martha, 55 Oak Grove Drive,
Dubuque, IA 52002, Lot 1-2-1-2 Dubuque Homes Center Grove Place, $11,332.42,
$93,700.00, $106,401.64, $0.00, $9,064.02, $825.00, $1,443.40, $11,332.42;
Wernimont, Vincent B., 65 Oak Grove Drive, Dubuque, IA 52002, Lot 1-1-1-1-2 Dubuque
Homes Center Grove Place, $12,755.82, $111,100.00, $123,801.64, $0.00, $9,064.02,
$1,210.00, $2,481.80, $12,755.82;
Lehrman, Arthur C. Jr. & Marie, 2341 Spruce Wood Drive, Dubuque, IA 52002, PT Lot 1, Lot
2, & Lot 3 Blk 1 Fischer Heights, $2,242.00, $13,400.00, $15,711.62, $0.00, $0.00, $1,590.60,
$651.40, $2,242.00, $9,064.02;
TOTALS: $71,203.44, $0.00, $54,384.14, $7,542.70, $9,276.60, $71,203.44, $9,064.02
City Development Board: Notice of public hearing from the City Development Board in the
matter of the City of Asbury voluntary annexation including non-consenting owners within the
urban area of the City of Dubuque. Upon motion the documents were received and filed.
Urban Forest Evaluation Proposals: City Manager recommending approval of the selection
of Confluence as the City’s consultant for the Urban Forest Evaluation project and that City
staff be authorized to negotiate a contract for services. Upon motion the documents were
received, filed, and approved.
Miller Riverview Park – Management Agreement: City Manager recommending approval of
the Management Agreement for camping at Miller Riverview Park with Kenneth M. Clayton.
Upon motion the documents were received, filed, and approved.
Bunker Hill Golf Course – Management Agreement: City Manager recommending approval
of a Management Agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf
Course for the period beginning March 1, 2010 and ending November 30, 2010. Upon motion
the documents were received, filed, and approved.
Lead Poisoning Prevention Program Evaluation: City Manager transmitting information
regarding the Health Services Department’s participation in the Centers for Disease Control
and Prevention (CDC) / Harvard School of Public Health program evaluation for the City’s
Childhood Lead Poisoning Prevention Program. Upon motion the documents were received
and filed.
Fiscal Year 2011 – 2015 Capital Improvement Program: Communication from the Long
Range Planning Advisory Commission finding that the Fiscal Year 2011 – 2015 Capital
5
Improvement Program is consistent with the 2008 Dubuque Comprehensive Plan. Upon
motion the document was received and filed.
Fiscal Year 2011 – 2015 Consolidated Plan: Communication from the Long Range Planning
Advisory Commission finding that the Fiscal Year 2011 – 2015 Consolidated Plan is consistent
with the 2008 Dubuque Comprehensive Plan. Upon motion the document was received and
filed.
Response to EPA Notice Regarding Stormwater Management: City Manager transmitting
City staff’s comments in response to the U.S. Environmental Protection Agency’s (EPA) Notice
regarding Stakeholder Input on Stormwater Management. Upon motion the documents were
received and filed.
Request for Proposals – Transit Bus Wrap Advertisement: City Manager recommending
rejection of the only bid received in response to a Request for Proposals for bus wrap
advertisement and authorize a re-initiation of the Request for Proposals. Upon motion the
documents were received, filed, and approved.
Mediacom: Communication from Lee Grassley, Mediacom Senior Manager – Government
Relations, advising that two channels will be added to the digital line-up on or about March 3,
2010. Upon motion the document was received and filed.
Citizen Communication: Communication from William C. Fuerste, 1360 South Grandview
Avenue, commending the City’s refuse collection service. Motion by Jones to receive and file
the document. Seconded by Resnick. Motion carried 7-0.
Iowa Governor’s Traffic Safety Grants: City Manager recommending approval of two Iowa
Governor’s Traffic Safety Bureau grant applications. Upon motion the documents were
received, filed, and approved.
Electric Franchise Fee Resolutions: City Attorney recommending adoption of two resolutions
to correct a typographical error in two of the resolutions approving the Revenue Purpose
Statements for the amendments to the electric franchise fees. Upon motion the documents
were received and filed and Resolution No. 60-10 Amending Resolution No. 28-10 which
approved a Revenue Purpose Statement for the use or expenditure of electric franchise fee
revenues from the sale of electricity by Alliant Energy within the City of Dubuque; and
Resolution No. 61-10 Amending Resolution No. 30-10 which approved a Revenue Purpose
Statement for the use or expenditure of electric franchise fee revenues from the sale of
electricity by Maquoketa Valley Electrical Cooperative within the City of Dubuque were
adopted.
RESOLUTION NO. 60-10
AMENDING RESOLUTION NO. 28-10 WHICH APPROVED A REVENUE PURPOSE
STATEMENT FOR THE USE OR EXPENDITURE OF ELECTRIC FRANCHISE FEE
REVENUES FROM THE SALE OF ELECTRICITY BY ALLIANT ENERGY WITHIN THE CITY
OF DUBUQUE
st
Whereas, Resolution No. 28-10 adopted by the City Council on the 1 day of February,
2010 approved a Revenue Purpose Statement for the use or expenditure of electric franchise
fee revenues from the sale of electricity by Alliant Entergy within the city of Dubuque; and
6
Whereas, Resolution No. 28-10 contained a typographical error.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The last paragraph of Resolution No. 28-10 is amended to read as follows:
Pursuant to the provisions of Iowa Code Section 364.2(4)(f), the City Council hereby
establishes the following purposes for which franchise fee revenues from its electric
franchise with Alliant Energy may be used or expended:
Property tax relief. The City will use 100% of the revenue collected from the 1%
increase in the electric franchise fee for property tax relief.
st
Passed, approved and adopted the 1 day of March, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 61-10
AMENDING RESOLUTION NO. 30-10 WHICH APPROVED A REVENUE PURPOSE
STATEMENT FOR THE USE OR EXPENDITURE OF ELECTRIC FRANCHISE FEE
REVENUES FROM THE SALE OF ELECTRICITY BY MAQUOKETA VALLEY ELECTRIC
COOPERATIVE WITHIN THE CITY OF DUBUQUE
Whereas, Resolution No. 30-10 adopted by the City Council on the 1st day of February,
2010 approved a Revenue Purpose Statement for the use or expenditure of electric franchise
fee revenues from the sale of electricity by Maquoketa Valley Electric Cooperative within the
city of Dubuque; and
Whereas, Resolution No. 30-10 contained a typographical error.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The last paragraph of Resolution No. 30-10 is amended to read as follows:
Pursuant to the provisions of Iowa Code Section 364.2(4)(f), the City Council of the
City of Dubuque hereby establishes the following purposes for which the franchise fee
revenues from its electric franchise with Maquoketa Valley Electric Cooperative may be
used or expended:
Property tax relief. The City will use 100% of the revenue collected from the 1%
increase in the electric franchise fee for property tax relief.
st
Passed, approved and adopted the 1 day of March, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Request to FEMA to Change Flood Insurance Rate Map: City Manager recommending
approval of a letter to be submitted to the Federal Emergency Management Agency (FEMA)
requesting removal of the new flood areas, and additional correspondence from impacted
property owners. Upon motion the documents were received, filed, and approved.
Civil Service Commission: Civil Service Commission submitting the certified lists for the
positions of Police Lieutenant, Police Captain, Assistant Fire Chief, Fire Captain, Assistant Fire
Marshal, EMS Supervisor and Fire Lieutenant. Upon motion the documents were received,
filed and made a Matter of Record.
7
February 24, 2010
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, a written examination for the position
of Police Captain was conducted on August 11, 2009, with oral interviews being conducted on
February 18 – 19, 2010. We hereby certify that the individuals listed below have passed this
examination and vacancies for this position should be made from this list and that this list is
good for two (2) years from above date.
POLICE CAPTAIN
James Lembke Scott Baxter Steven Eastvedt Jeremy Jensen
Abigail Simon Kevin Klein Steven Radloff Martin Steil
Christopher Gorrell David Haupert
Respectfully submitted,
Dan White, Chairperson
Betty Takes,
Civil Service Commission
February 24, 2010
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, a written examination for the position
of Police Lieutenant was conducted on August 25, 2009, with oral interviews being conducted
on February 16 – 17, 2010. We hereby certify that the individuals listed below have passed
this examination and vacancies for this position should be made from this list and that this list
is good for two (2) years from above date.
POLICE LIEUTENANT
Joseph Messerich Kurt Horch Martin Steil Steven Olson
Christopher Gorrell Steven Eastvedt Brad Shannon D. Brendan Welsh
Travis Kramer Danielle Basten
Respectfully submitted,
Dan White, Chairperson
Betty Takes,
Civil Service Commission
February 24, 2010
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of
Assistant Fire Chief was conducted on January 27, 2010. We hereby certify that the following
individuals 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.
ASSISTANT FIRE CHIEF
Phil Arensdorf, Larry Ewert, Joseph Blodgett
Respectfully submitted,
Dan White, Chairperson
Betty Takes,
Civil Service Commission
8
February 24, 2010
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Fire
Captain was conducted on February 3, 2010. We hereby certify that the following individuals
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.
FIRE CAPTAIN
Michael Burds, Kevin Esser, Robert Lange, David McQuiggin
Respectfully submitted,
Dan White, Chairperson
Betty Takes,
Civil Service Commission
February 24, 2010
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of
Assistant Fire Marshal was conducted on February 3, 2010. We hereby certify that the
following individuals 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.
ASSISTANT FIRE MARSHAL
Kevin Esser, Jesse Coulson
Respectfully submitted,
Dan White, Chairperson
Betty Takes,
Civil Service Commission
February 24, 2010
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of
EMS Supervisor was conducted on February 10, 2010. We hereby certify that the following
individuals 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.
EMS SUPERVISOR
David McQuiggin, Kevin Esser, David Grass, Bruce Miller
Respectfully submitted,
Dan White, Chairperson
Betty Takes,
Civil Service Commission
9
February 24, 2010
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Fire
Lieutenant was conducted on January 27, 2010. We hereby certify that the following
individuals 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.
FIRE LIEUTENANT
Jeffrey Powers Dennis Bradley Daniel Schuster David Beaves
James Abitz Morgan Eitter David McQuiggin Derek Paulson
Respectfully submitted,
Dan White, Chairperson
Betty Takes,
Civil Service Commission
Business License Refunds: Request of Jack Thompson, Oky Doky #6, for a refund of Beer
and Liquor License #LE0000442 in the amount of $100.00.
Request of Patrick O’Clock, The Riviera Lounge, for a refund of Cigarette License #DBQ-
067 in the amount of $75.00.
Upon motion the documents were received, filed, and approved.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 62-10 Granting the issuance of a Class “C” Beer Permit to Hy-Vee #3 and Hy-Vee Gas #3;
and Resolution No. 63-10 Granting the issuance of a Class “C” Beer/Liquor License to Ground
Round Restaurant, Mystique Casino and Yardarm Restaurant; a Special Class “C” Liquor
License to Mindframe Theaters; a Class “B” Wine Permit to Hy-Vee #3; and a Class “WBN”
Native Wine License to Hy-Vee Gas #3 and Bluff Street Brew Haus were adopted.
RESOLUTION NO. 62-10
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
CLASS “C” BEER PERMIT
Hy-Vee, Inc. Hy-Vee # 3 +(Sunday Sale) 400 Locust Street
Hy-Vee, Inc. Hy-Vee Gas # 3 +(Sunday Sale) 300 Locust Street
Passed, approved and adopted this 1st day of March, 2010
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
10
RESOLUTION NO. 63-10
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
Jamis, LLC Ground Round Restaurant 50 JFK Road
+(Sunday Sale)
Dubuque Racing Association Mystique Casino 1855 Greyhound Road
+(Sunday/Outdoor Sale)
The Yardarm, Inc. Yardarm Rest+(Sunday/Outdoor Sale) 1201 Shiras Ave. Ext.
SPECIAL CLASS “C” LIQUOR LICENSE
Mindframe MultiMedia, LLC Mindframe Theaters+(Sunday Sale) 555 JFK Road
CLASS “B” WINE
Hy-Vee, Inc. Hy-Vee # 3 400 Locust Street
CLASS “WBN” NATIVE WINE
Hy-Vee, Inc. Hy-Vee Gas # 3 300 Locust Street
Jerry Anderson Bluff Street Brew Haus 372 Bluff Street
Passed, approved and adopted this 1st day of March, 2010
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Jones. Motion carried 7-0.
Request to Rezone – Historic Millwork District: City Manager recommending that a public
hearing be set for March 15, 2010 to consider a request from the City of Dubuque to rezone
th
property located south of 12 Street, east of White Street and west of Highway 61/151 from C-
4 Downtown Commercial and HI Heavy Industrial District to PUD Planned Unit Development
District with a PC Planned Commercial designation for the Historic Millwork District PUD. Upon
motion the documents were received and filed setting a public hearing for a meeting to
commence at 6:30 p.m. on March 15, 2010 in the Historic Federal Building.
Vacating Petition – Seippel Road: City Manager recommending that a public hearing be set
for March 15, 2010 to consider a request from Toby Kress, representing Kress Industrial
Facility, LLC, to vacate and release excess right-of-way easement along Seippel Road. Upon
motion the documents were received and filed and Resolution No. 64-10 Resolution of intent to
dispose of interest and vacate roadway easement over Lot 1 of Seippel Road Commercial
Park Plat 3 in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on March 15, 2010 in the Historic Federal
Building.
11
RESOLUTION NO. 64-10
RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE ROADWAY
EASEMENT OVER LOT 1 OF SEIPPEL ROAD COMMERCIAL PARK PLAT 3 IN THE CITY
OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Kress Industrial Facility, LLC is the current owner of Lot 1 of Seippel Road
Commercial Park Plat 3 in the City of Dubuque, Dubuque County, Iowa; and
Whereas, an easement for public highway is currently platted on said lot; and
Whereas, Kress Industrial Facility, LLC has petitioned to vacate the excess roadway
easement in said lot.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest and vacate excess
roadway easement for public highway over Lot 1 of Seippel Road Commercial Park Plat 3 in
the City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit A.
Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of
intent to be published as prescribed under Section 364.7 Code of Iowa, 1999 or amended.
Passed, approved and adopted this 1st day of March, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Sale of Property – 1699 Washington Street: City Manager recommending that a public
hearing be set for March 15, 2010 to consider the sale of real estate located at 1699
Washington Street to Christina Krier as part of the Neighborhood Stabilization program. Upon
motion the documents were received and filed and Resolution No. 65-10 Resolution of intent to
dispose of City-owned property, specifically, Lot Two of Lot Eighty-Six in East Dubuque
Addition in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat
thereof – 1699 Washington Street was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on March 15, 2010 in the Historic Federal Building.
RESOLUTION NO. 65-10
RESOLUTION OF INTENT TO DISPOSE OF CITY-OWNED PROPERTY, SPECIFICALLY,
LOT TWO (2) OF LOT EIGHTY-SIX (86) IN EAST DUBUQUE ADDITION IN THE CITY OF
DUBUQUE COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT
THEREOF – 1699 WASHINGTON STREET
Whereas, the City acquired the property at 1699 Washington Street for the purpose of its
rehabilitation and re-sale for owner-occupied housing; and
Whereas, the City has received an offer to purchase this property from a qualifying
household; and
Whereas, such purpose supports the Washington Neighborhood revitalization strategy as
approved by the City Council; and
Whereas, a qualifying home buyer has signed an offer to purchase and has obtained
financing from a local lender:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest in the following legally-
described property:
Lot Two (2) of Lot Eighty-Six (86) in East Dubuque Addition in the City of Dubuque,
County of Dubuque, Iowa, according to the recorded Plat thereof, at the cost of One
hundred two thousand dollars. ($102 000).
12
Section 2. That the City of Dubuque proposes to dispose of its interest in the above
described real estate to Christina Krier.
Section 3. That this Council meet in the Historic Federal Building Council Chambers, 350
th
West 6 Street, Dubuque, Iowa, at 6:30 p.m. on the 15th of March, for the purpose of holding a
public hearing and taking final action on the disposition of the above described real estate in
the City of Dubuque, Iowa.
Section 4. That the City Clerk be and she is hereby authorized and directed to cause a
notice of such public hearing and the City Council’s intent to dispose of such property to be
published as prescribed under Iowa Code Section 364.7.
Passed, approved and adopted this 1st day of March, 2010.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions: Civil Service Commission. One 4-year term through April 6,
2014 (Term of Schilling). Applicants: Tom Rawson, 2310 Knob Hill Drive; and Jim Schilling,
3283 Bittersweet Lane. Mechanical Board: Two 3-year terms through March 16, 2013 (Terms
of Kelly, Papin and Bandy). Applicants: Michael Kelly, 2875 Timber Line Drive; and Paul Papin,
2955 Jackson Street. Zoning Board of Adjustment: One 5-year term through March 25, 2015
(Term of Ruden). Applicants: Ryan Anglese, 2752 Carlton Avenue; and Michael Ruden, 3256
Arrowwood Lane.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Lease Agreement – Dubuque Bruisers Football: Proof of publication of notice of public
hearing to consider a lease agreement with Dubuque Bruisers Football for a section of
Roosevelt Park and City Manager recommending approval. Motion by Voetberg to receive and
file the documents and adopt Resolution No. 66-10 Disposing of an interest in real property by
lease agreement with Dominick Locascio, Owner, Dubuque Bruisers Football. Seconded by
Braig. Van Milligen stated that the parking and road would be the responsibility of Dubuque
Bruisers Football. Motion carried 7-0.
RESOLUTION NO. 66-10
DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT WITH
DOMINICK LOCASCIO, OWNER, DUBUQUE BRUISERS FOOTBALL
Whereas, the City of Dubuque, Iowa (City) is the owner of the Premises shown on Exhibit A
of the Lease, all in Dubuque County, Iowa; and
Whereas, Dominick Locascio, Owner, Dubuque Bruisers Football (Team) desires to lease
the Premises to operate a semi-pro football team, as set forth in the Lease Agreement
attached hereto; and
Whereas, on March 1, 2010, the City Council pursuant to notice published as required by law
held a public hearing on its intent to dispose of the foregoing interest in the Premises and
overruled all objections thereto; and
13
Whereas, the City Council finds that it is in the best interest of the City to approve the
disposition of such interest in the Premises.
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 approves the disposition of the City’s
interest in the foregoing-described Premises by lease to Dominick Locascio, Owner, Dubuque
Bruisers Football.
Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Lease
Agreement.
Passed, approved and adopted this 1st day of March, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
thth
Utility Relocation Project – 9 to 10 Street: Proof of publication on notice of public hearing
to consider approval of the plans and specifications, form of contract and estimated cost for the
thth
Utility Relocation Project – 9 to 10 Street and City Manager recommending approval. Motion
by Connors to receive and file the documents and adopt Resolution No. 67-10 Approval of
plans, specifications, form of contract, and estimated cost, for the Utility Relocation Project –
thth
9 to 10 Street. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 67-10
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
THTH
COST FOR THE UTILITY RELOCATION PROJECT – 9 TO 10 STREET: SANITARY
SEWER, 20-INCH TRANSMISSION WATERMAIN AND FIBER OPTIC CONDUIT
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 Utility
thth
Relocation Project – 9 to 10 Street: Sanitary Sewer, 20-Inch Transmission Watermain and
Fiber Optic Conduit, in the estimated amount $821,422.50, are hereby approved.
st
Passed, adopted and approved this 1 day of March, 2010.
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
Liquor License Renewal Application – Players Sports Bar: City Manager recommending
disapproval of the liquor license renewal application of Players Sports Bar located at 1902
Central Avenue. Motion by Jones to receive and file the documents, including the attachments
and material submitted by Attorney Todd Klapatauskas, and concur with the disapproval.
Seconded by Lynch. Police Chief Mark Dalsing provided a slide presentation outlining the
issues prompting the recommendation. Attorney Todd Klapatauskas, representing Players
Sports Bar owners Dave and Natalie Lorenz, provided a verbal rebuttal. Van Milligen provided
additional information in response to Mr. Klapatauskas’ remarks. Motion carried 7-0.
Historic Preservation Commission – 3040 Elm Street: Communication from the Historic
Preservation Commission recommending that the City Council not remove 3040 Elm Street
from the Brewery Conservation District as requested by Kane, Norby and Reddick P.C. on
14
behalf of LK Development and Storage. Motion by Braig to receive and file the documents and
concur with the recommendation. Seconded by Connors. Assistant City Attorney Crenna
Brumwell stated that the owners are receiving an economic return and thereby meeting the
requirements of the District adding that Demolition by Neglect proceedings are pending.
Planning Services Manager Laura Carstens stated that the Building Services Department is
addressing building code and safety issues with the owners who have started the preservation
process. Motion carried 7-0.
Expanded Study on Crime and Poverty – Request for Proposals: City Manager
recommending approval of the issuance of a Request for Proposals to conduct an expanded
study on crime and poverty. Motion by Jones to receive and file the documents and approve
the recommendation. Seconded by Lynch. Motion carried 7-0.
Analysis of Impediments to Fair Housing: Communication from the Long Range Planning
Advisory Commission advising that the Fiscal Year 2011 – 2015 Analysis of Impediments to
Fair Housing is consistent with the 2008 Dubuque Comprehensive Plan. Motion by Braig to
receive and file the documents. Seconded by Jones. Motion carried 7-0.
Second Recommendation for Downtown Housing Incentive Award: City Manager
recommending approval for staff to negotiate a loan agreement in the amount of $226,000 with
B&C Cathedral Development, LLC, for creation of 24 market rate housing units to be located at
205 Bluff Street. Motion by Voetberg to receive and file the documents and adopt Resolution
No. 68-10 Approving an award to B & C Cathedral Development, LLC from the Downtown
Housing Incentive Pool to create new market-rate housing units within the Greater Downtown
Urban Renewal District. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 68-10
APPROVING AN AWARD TO B&C CATHEDRAL DEVELOPMENT, LLC FROM THE
DOWNTOWN HOUSING INCENTIVE POOL TO CREATE NEW MARKET-RATE HOUSING
UNITS WITHIN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT
Whereas, the City of Dubuque has been successful in encouraging job creation and
retention in the community for several years; and
Whereas, many of the City of Dubuque’s new residents have a strong desire to live near
work and entertainment; and
Whereas, a significant shortage of quality market-rate rental and owner-occupied residential
units exists and efforts are needed to encourage new development of such units; and
Whereas, several downtown residential development projects need financial assistance to
secure funding for such project; and
Whereas, the City received several applications for assistance from a Request for Proposals
due December 21, 2009; and
Whereas, such proposals have been reviewed by a recommendation committee.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council approves B&C Cathedral Development, LLC to receive a low
interest loan in the amount of $226,000 to assist in the creation of 24 market rate apartments
at 205 Bluff Street.
Section 2. That the City Manager is hereby authorized and directed to execute an Incentive
Agreement with B&C Cathedral Development, LLC.
st
Passed, approved and adopted this 1 day of March, 2010.
15
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Request for Proposals – FEMA Flood Plain Mapping: City Manager recommending approval
of the issuance of a Request for Proposals (RFP) to retain consultant services for map
revisions to the FEMA Flood Plain Map. Motion by Jones to receive and file the documents
and approve the recommendation. Seconded by Lynch. Motion carried 7-0.
Outdoor Warning Siren Activation Protocol: City Manager recommending adoption of the
Outdoor Warning Siren Activation Protocol, as established by the Davenport office of the
National Weather Service. Motion by Jones to receive and file the documents and approve the
recommendation. Seconded by Voetberg. Motion carried 7-0.
Water Pollution Control Plant Design: City Manager recommending approval for Strand
Associates to submit the design for the Water Pollution Control Plant upgrades to the Iowa
Department of Natural Resources for review, and further authorize City staff to complete and
submit the application for a construction permit. Motion by Connors to receive and file the
documents and approve the recommendation. Seconded by Braig. Water Pollution Control
Plant Manager Jonathon Brown recognized staff and introduced Randy Wirtz of Strand
Associates, 910 West Wingra Drive, Madison, WI, who provided a slide presentation of the
project elements, timelines and costs. Motion carried 7-0.
Snow Route Addition: City Manager recommending approval of a revision to the City’s snow
th
route parking restriction system in response to a petition received from residents on East 24
Street requesting that their street be added. 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 Braig. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 12-10 Amending
the City of Dubuque Code of Ordinances Chapter 14 Parking, Division 5 Restrictions during
th
Snow Removal, Section 9-14-321.682 Snow Route, Restricted Parking, by adding East 24
Street from Windsor Avenue to Central Avenue as a snow route. Seconded by Braig. Motion
carried 7-0.
ORDINANCE NO. 12-10
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 14 PARKING,
DIVISION 5 RESTRICTIONS DURING SNOW REMOVAL, SECTION 9-14-321.682 SNOW
ROUTE, RESTRICTED PARKING BY ADDING EAST 24TH STREET FROM WINDSOR
AVENUE TO CENTRAL AVENUE AS A SNOW ROUTE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 9-14-321.682(E) is amended to
include the following:
9-14-321.682: SNOW ROUTE, RESTRICTED PARKING:
. . . .
E. Designation of Snow Routes:
1. Snow routes shall be designated by signs. Parking shall be prohibited from
twelve o'clock (12:00) noon to five o'clock (5:00) P.M. on the odd numbered side of the
16
following streets on odd numbered days and on the even numbered side of the following
streets on even numbered days:
. . . .
East 24th Street from Windsor Avenue to Central Avenue.
. . . .
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted the 1st day of March, 2010.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 10 day of March, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
COUNCIL MEMBER REPORTS
Connors reported that she has been appointed to the National League of Cities Human
Development Board.
There being no further business, upon motion the City Council adjourned at 9:58 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
17