4 5 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 April 5, 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 Mayor Buol.
PROCLAMATIONS
The Week of the Young Child (April 1-17, 2010) was accepted by Sherri Edwards, Director
of Dubuque County Empowerment, 2728 Asbury Road; Sexual Assault Awareness Month
(April 2010) was accepted by Josh Jasper of the Riverview Center, 2600 Dodge Street.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Van Milligen requested (#15) Crime/Poverty Research Study
be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 11/24
and 2/23; City Council of 3/15; Housing Commission of 2/23; Housing Commission Trust Fund
of 3/8; Human Rights Commission of 2/8; Library Board of Trustees of 1/28 and 2/11; Transit
Board of Trustees of 3/11
Proofs of publication of City Council Proceedings of March 1, 2 and 9, 2010 and List of
Claims and Summary of Revenues for month ended February 28, 2010
Upon motion the documents were received and filed.
Notice of Claims/Suits: Antoine Clemons vs. Brian Wullweber, City of Dubuque, and Pablo
Ramirez (Amended and Restated); Arbor Glen Apartments for property damage; Carl Lange
for vehicle damage; State Farm Insurance (representing Marco Pizzimenti) for vehicle
damage; Maryann Upmann for vehicle damage; Randy Williams for property 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: Maryann Upmann for
vehicle damage; Carl F. Lange for vehicle damage; Arbor Glen Apartments for property
damage; State Farm Insurance for personal injury/vehicle damage; Randy Williams for
property damage. Upon motion the documents were received, filed, and concurred.
Iowa Office of Energy Independence: Communication to the Iowa Office of Energy
Independence in support of the Four Mounds Energy Office Pilot Program. Upon motion the
documents were received and filed.
Mediacom: Communication from Lee Grassley, Mediacom Senior Manager – Government
Relations, notifying the City of upcoming channel changes.
Communication from Lee Grassley, Mediacom Senior Manager – Government Relations,
advising of the adjustment of certain cable service rates effective on or about May 1, 2010.
Upon motion the documents were received and filed.
Stipulation of Settlements – Property Tax Appeals: City Attorney recommending approval of
the Stipulation of Settlement for Callahan Construction, Inc., for a vacant piece of ground off
Seippel Road located east of the Westbrook Subdivision; the Stipulation of Settlement for
Callahan Construction, Inc., for a parcel of ground off Pleasant View Drive; and the Stipulation
of Settlement for First National Bank of Dubuque for the US Bank branch bank property
located at 435 Kennedy Road. Upon motion the documents were received, filed, and
approved.
Office of Energy Independence: Communication from Roya Stanley, Director – Office of
Energy Independence, advising that the City of Dubuque has been selected to receive an
Energy Efficiency Conservation Block Grant in the amount of $500,000 to be used for the
traffic flow optimization project. Upon motion the document was received and filed.
Dubuque Golf and Country Club: Communication from Rich Bugalski, Dubuque Golf and
Country Club, requesting permission to display fireworks on Sunday, July 4, 2010 (rain date of
Monday, July 5, 2010) on the Dubuque Golf and Country Club grounds. Upon motion the
document was received, filed, and approved.
Citizen Communication: Communication from Tim Patterson, 1882 White Street, submitting
an article titled “Goat Fans, Cities Butting Heads” for the City’s consideration. Upon motion the
documents were received, filed, and referred to the City Manager.
401 Governmental Money Purchase Plan: City Manager recommending that he be
authorized to sign the ICMA Retirement Corporation Governmental Money Purchase Plan and
Trust Adoption Agreement and the Administrative Services Agreement between ICMA
Retirement Corporation and the City of Dubuque. Upon motion the documents were received
and filed and Resolution No. 88A-10 Approving the ICMA Retirement Corporation
Governmental Money Purchase Plan and Trust Basic Document and Appendix A (ICMA
Retirement Corporation Governmental Money Purchase Plan and Trust Amendment for Post-
EGTRRA Legislative and Regulatory Changes) – Plan Number 10-6876 was adopted.
RESOLUTION NO. 88A-10
APPROVING THE ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY
PURCHASE PLAN & TRUST BASIC DOCUMENT AND APPENDIX A (ICMA RETIREMENT
CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN AND TRUST AMENDMENT
FOR POST-EGTRRA LEGISLATIVE AND REGULATORY CHANGES)- PLAN NUMBER 10-
6876
Whereas, the Employer has employees rendering valuable services; and
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Whereas, the establishment of a money purchase retirement plan benefits employees by
providing funds for retirement and funds for their beneficiaries in the event of death; and
Whereas, the Employer desires that its money purchase retirement plan be administered by
ICMA-RC and that the funds held in such plan be invested in the VantageTrust, a trust
established by public employers for the collective investment of funds held under their
retirement and deferred compensation plans.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that the Employer hereby establishes a money purchase retirement plan
(the “Plan”) in the form of the ICMA Retirement Corporation Governmental Money Purchase
Plan & Trust Basic Document and Appendix A (ICMA Retirement Corporation Governmental
Money Purchase Plan and Trust Amendment for Post-EGTRRA Legislative and Regulatory
Changes) pursuant to the specific provisions of the Adoption Agreement.
The Plan shall be maintained for the exclusive benefit of eligible employees and their
beneficiaries; and
BE IT FURTHER RESOLVED that the Employer hereby executes the Declaration of Trust of
VantageTrust, intending this execution to be operative with respect to any retirement or
deferred compensation plan subsequently established by the Employer, if the assets of the
plan are to be invested in the VantageTrust; and
BE IT FURTHER RESOLVED that the Employer hereby agrees to serve as trustee under
the Plan and to invest funds held under the Plan in the VantageTrust; and
BE IT FURTHER RESOLVED that the Personnel Manager shall be the coordinator for the
Plan; shall receive reports, notices, etc., from the ICMA Retirement Corporation or the
VantageTrust; shall cast, on behalf of the Employer, any required votes under the
VantageTrust; may delegate any administrative duties relating to the Plan to appropriate
departments; and
BE IT FURTHER RESOLVED that the Employer hereby authorizes the City Manager to
execute all necessary agreements with the ICMA Retirement Corporation incidental to the
administration of the Plan.
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Passed, approved and adopted this 5 day of April, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Iowa Department of Transportation (IDOT) Federal Aid Funding Agreement: City Manager
recommending approval of an Iowa Department of Transportation Federal Aid Funding
Agreement for a Surface Transportation Program Project for the Kaufmann Avenue from John
F. Kennedy Road to Chaney Road HMA Reconstruction/Resurfacing Project. Upon motion the
documents were received and filed and Resolution No. 89-10 Approving the Iowa Department
of Transportation Federal Aid Funding Agreement (Agreement No. 6-10-STPU-05) for the
Kaufmann Avenue from John F. Kennedy Road to Chaney Road HMA
Reconstruction/Resurfacing Project was adopted.
RESOLUTION NO. 89-10
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FEDERAL AID FUNDING
AGREEMENT (AGREEMENT NO. 6-10-STPU-05) FOR THE KAUFMANN AVENUE, FROM
JOHN F. KENNEDY ROAD TO CHANEY ROAD, HMA RECONSTRUCTION/RESURFACING
PROJECT
Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of
Dubuque Metropolitan Area Transportation Study (DMATS) Surface Transportation Program
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(STP) funds for the Kaufmann Avenue, from John F. Kennedy Road to Chaney Road, HMA
Reconstruction/Resurfacing Project in Dubuque.
Whereas, the Kaufmann Avenue, from John F. Kennedy Road to Chaney Road, HMA
Reconstruction/Resurfacing Project in Dubuque has been developed to include: John F.
Kennedy Road to Chaney Road--replacement of curb and gutter, sidewalk, water valves, fire
hydrants, and sanitary sewer repairs; John F. Kennedy to Martin Drive--replacement of existing
pavement surface; and Martin Drive to Chaney Road--milling of 3 inches of existing HMA
pavement and a new overlay; and
Whereas, the DMATS STP funds will be eligible to complete said improvements to
Kaufmann Avenue, from John F. Kennedy Road to Chaney Road, within Dubuque County,
Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Iowa DOT Federal Aid Funding Agreement (Agreement No. 6-10-
STPU-05) between the City of Dubuque and the Iowa Department of Transportation be
approved for the Kaufmann Avenue, from John F. Kennedy Road to Chaney Road, HMA
Reconstruction/Resurfacing Project in Dubuque.
Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT
Federal Aid Funding Agreement (Agreement No. 6-10-STPU-05) for the Kaufmann Avenue,
from John F. Kennedy Road to Chaney Road, HMA Reconstruction/Resurfacing Project in
Dubuque.
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Passed, approved and adopted this 5 day of April, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Request for Proposals – 9 Street and 11 Street Traffic Study: City Manager
recommending approval of the issuance of a Request for Proposals to seek qualified firms
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interested in providing professional services for the 9 Street and 11 Street Traffic Study:
One-Way to Two-Way Conversion. Upon motion the documents were received, filed, and
approved.
I-Jobs Affordable Housing Program: City Manager recommending approval of the contract
with the Iowa Finance Authority for the $240,000 funding award to assist in the conversion of
the Historic Washington Row Houses located on Washington Street. Upon motion the
documents were received, filed, and approved.
2010 Art on the River Exhibition: Arts and Cultural Affairs Advisory Commission requesting
City Council concurrence with the selection of artwork for the 2010 Art on the River
Competition. Upon motion the documents were received, filed, and approved.
McDonough Estate – Disposition of Property: City Attorney recommending approval of a quit
claim deed for one-half of a portion of Barry Street to be conveyed to the residual devisees
under the John J. McDonough, Sr., last will and testament. Upon motion the documents were
received and filed and Resolution No. 90-10 Authorizing the disposal of the interest of the City
of Dubuque, Iowa, in the real property described as the northwesterly one-half of Barry Street
in Barry Subdivision No. 2 in the City of Dubuque, Iowa, to the residual devisees under the
John J. McDonough, Sr., last will and testament was adopted.
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RESOLUTION NO. 90-10
AUTHORIZING THE DISPOSAL OF THE INTEREST OF THE CITY OF DUBUQUE, IOWA,
IN THE REAL PROPERTY DESCRIBED AS THE NORTHWESTERLY ONE-HALF OF
BARRY STREET IN BARRY SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, IOWA, TO
THE RESIDUAL DEVISEES UNDER THE JOHN J. MCDONOUGH, SR., LAST WILL AND
TESTAMENT
Whereas, Resolution No. 260-06 authorized the vacating and disposal for the sale of real
estate described as follows:
The Northwesterly One-Half of Barry Street and the Southeasterly One-Half of Barry Street
all in Barry Subdivision No. 2 in the City of Dubuque, Dubuque County , Iowa; and
Whereas, the Resolution further authorized the disposal of the interest of the City of
Dubuque, Iowa, in the real property to John J. and Frances M. McDonough; and
Whereas, by Quit Claim Deed dated June 19, 2006, filed in the office of the Dubuque
County Recorder on March 13, 2007 as Instrument No. 2007-00003523, the City of Dubuque
conveyed the above-referenced property to John J. and Frances M. McDonough.
Whereas, as of the date of said quit claim deed, Frances M. McDonough was deceased,
having died on December 27, 2005.
Whereas, said quit claim deed was inoperative as to the undivided one-half interest in such
real property conveyed to Frances M. McDonough.
Whereas, John J. McDonough, Sr., is now deceased and the children of John J.
McDonough, Sr., and Frances M. McDonough request that a quit claim deed be provided to
them as the residual devisees under the John J. McDonough, Sr., last will and testament,
namely: Linda M. Becker, David J. McDonough, Gary J. McDonough, John J. McDonough, Jr.,
and Dennis A. McDonough.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor is authorized and directed to execute the Quit Claim Deed, a copy of
which is attached hereto. The City Clerk is hereby authorized and directed to record a certified
copy of this Resolution in the Office of the Dubuque County Recorder.
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Passed, approved and adopted this 5 day of April, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Crime/Poverty Research Study: City Manager recommending approval of a contract with the
Northern Illinois University Center for Governmental Studies to conduct an expanded study on
crime and poverty. Motion by Jones to receive and file the documents and approve the
recommendation. Seconded by Connors. Motion carried 7-0.
Purchase of Property – 3301 Roosevelt Street: City Manager recommending approval of the
purchase of real estate located at 3301 Roosevelt Street for the proposed construction of a
water tower. Upon motion the documents were received and filed and Resolution No. 91-10
Accepting the warranty deed to part of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 311 in the City of
Dubuque, Dubuque County, Iowa, from Fondell Excavating, Inc., of Dubuque, Iowa, was
adopted.
RESOLUTION NO. 91-10
ACCEPTING THE WARRANTY DEED TO PART OFLOT 1 OF LOT 2 OF LOT 2 OF
MINERAL LOT 311 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, FROM
FONDELL EXCAVATING, INC., OF DUBUQUE, IOWA.
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Whereas, the City of Dubuque has entered into an agreement with Fondell Excavating, Inc.
to purchase part of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 311 in the City of Dubuque, Dubuque
County, Iowa, as shown on the attached Plat (Exhibit A) thereof for a new water tower site; and
Whereas, all of the terms and conditions of the agreement have been satisfied.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Warranty Deed from Fondell Excavating, Inc., attached hereto is hereby
accepted.
Section 2. That the City Clerk is hereby authorized and directed to cause the Warranty Deed
to be recorded in the office of the Dubuque County Recorder, together with a certified copy of
this Resolution.
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Passed, approved and adopted this 5 day of April, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Legislative Correspondence: Communication to area legislators urging their opposition to
HF 2382 that adds language to Iowa Code Chapter 411 to allow covered employees to
designate a physician of their choosing to treat a work-related illness or injury rather than the
employer choosing the care.
Communication to area legislators regarding HF 2502 that phases out the State’s
contribution to the Municipal Fire and Retirement System and creates a Benefits Advisory
Commission.
Communication to Representative Chuck Isenhart asking that he support HSB 741 which
would give the City the option to increase the local hotel/motel tax from seven to nine percent.
Upon motion the documents were received and filed.
Bee Branch Creek Restoration Project Programmatic Agreement: City Manager
recommending approval of a Programmatic Agreement among the U.S. Army Corps of
Engineers, the Iowa Department of Natural Resources, the State Historic Preservation Office
and the City of Dubuque regarding the construction of the Bee Branch Creek Restoration
Project. Upon motion the documents were received and filed and Resolution No. 92-10
Authorizing the execution of an agreement with the Iowa Department of Natural Resources,
the U.S. Army Corp of Engineers, and the State Historic Preservation Office regarding the
construction of the Bee Branch Creek Restoration project was adopted.
RESOLUTION NO. 92-10
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE IOWA DEPARTMENT
OF NATURAL RESOURCES, THE U.S. ARMY CORP OF ENGINEERS, AND THE STATE
HISTORIC PRESERVATION OFFICER REGARDING THE CONSTRUCTION OF THE BEE
BRANCH CREEK RESTORATION PROJECT
Whereas, the City of Dubuque (hereinafter, City) proposes to restore the Bee Branch Creek
(hereinafter, Undertaking) as an open waterway rather than an enclosed storm sewer within
the City of Dubuque, Dubuque County, Iowa; and
Whereas, the U.S. Army Corps of Engineers (hereinafter, USACE) proposes to authorize
the construction of the Bee Branch Creek Restoration project in the City of Dubuque, Dubuque
County, Iowa, in two parts (lower and upper) under Section 404 Nationwide Permits Nos.3 and
27 respectively; and
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Whereas, the City will receive federal funding from the State Revolving Loan Program
(hereinafter, SRF) authorized by the U.S. Environmental Protection Agency (hereinafter, EPA),
and administered by the Iowa Department of Natural Resources (hereinafter, IDNR); and
Whereas, the IDNR, in consultation with the Iowa State Historic Preservation Officer
(hereinafter, SHPO), has determined, pursuant to 36 C.F.R. 800.4(c), that several properties
and a district within the Area of Potential Effect (hereinafter, APE) are eligible for inclusion in
the National Register of Historic Places; and
Whereas, the IDNR, in consultation with the SHPO, has determined that the Undertaking
will have an adverse effect on historic properties through direct and indirect impacts; and
Whereas, the SHPO, the City, the USACE, and the IDNR agree that the Undertaking shall
be implemented in accordance with the stipulations outlined in a Programmatic Agreement
(hereinafter, PA) to take into account the effects upon historic properties, and further agree
that these stipulations shall govern the Undertaking and all of its parts until this Agreement
expires or is terminated; and
Whereas, the IDNR has drafted a PA in consultation with the SHPO, the City, and the
USACE for the Undertaking, a copy of which is attached hereto; and
Whereas, it is in the interest of the City to proceed with the Undertaking in accordance with
the terms of the PA provided by the IDNR.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Manager is hereby authorized to sign the Programmatic Agreement provided by
the Iowa Department of Natural Resources in the form attached hereto.
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Passed, approved and adopted this 5 day of April, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Withdrawal of Claim – Port of Dubuque Parking Facility Project: Communication from
William S. Vernon, representing W.C. Stewart Construction, Inc., advising that the claim for
material and labor on the Port of Dubuque Parking Facility Project has been withdrawn. Upon
motion the documents were received and filed.
Historic Millwork District Streetscape and Utilities: City Manager recommending acceptance
of Amendment No. 1 to the Historic Millwork District Streetscape and Utilities Professional
Engineering Services Agreement between the City and Veenstra & Kimm, Inc. Upon motion
the documents were received, filed, and approved.
Signed Contracts: Bee Branch Creek Restoration Project Asbestos Inspections and the
POD Ramp Repair Approval. Upon motion the documents were received and filed.
Business License Refund: Request of Steve Haggerty, Ten Pin Tap, for a refund of Beer
and Liquor License #LC0034802 in the amount of $422.50. Upon motion the document was
received and 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. 93-10 Granting the issuance of a Class “B” Beer Permit to McAleece Park and Recreation
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Complex and Panchero’s Mexican Grill; and a Class “C” Beer Permit to 16 Street Auto/Truck
Plaza, Oky Doky #1, Paro Foods Mart, Kwik Stop C-Store, Oky Doky #2 and Hartig Drug; and
Resolution No. 94-10 Granting the issuance of a Class “C” Beer/Liquor License to Noonan’s
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Tap, Clarke College, Olive Garden, Whiskey River, Knights of Columbus, Bar-X and Hammer
Time Bar; a Class “B” Wine Permit to Oky Doky #1, Oky Doky #2, and Hartig Drug; and a
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Class “WBN” Native Wine Permit to Kwik Stop C-Store, 16 Street Auto/Truck Plaza and
Tobacco Outlet Plus #504 were adopted.
RESOLUTION NO. 93-10
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 “B” BEER PERMIT
City of Dubuque McAleece Park & Recreation Complex 1801 Admiral Sheehy
+(Sunday/Outdoor)
Central Coast Hospitality Panchero’s Mexican Grill 4840 Asbury Road
+(Sunday/Outdoor Sale)
CLASS “C” BEER PERMIT
Mulgrew Oil Company 16 th St Auto/Truck Plaza 1215 E. 16 th Street
+(Sunday Sale)
TFM Company Oky Doky # 1+(Sunday Sale) 250 W. 1 st Street
Sahajanand Enterprises Paro Foods Mart+(Sunday Sale) 3200 Central Avenue
Rainbo Oil Company Kwik Stop C-Stores+(Sunday Sale) 2335 University Avenue
TFM Company Oky Doky # 2+(Sunday Sale) 51 W. 32 nd Street
Hartig Drug Company Hartig Drug+(Sunday Sale) 2255 JFK Road
Passed, approved and adopted this 5th day of April, 2010
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 94-10
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
Mary Lou Kamp Noonan’s Tap+(Sunday Sale) 1618 Central Ave.
Clarke College Clarke College+(Sunday Sale) 1550 Clarke Drive
GMRI, Inc. Olive Garden+(Sunday Sale) 3350 Dodge Street
Chad Streff Whiskey River+(Sunday Sale) 1064 University Ave.
Knight of Columbus Knights of Columbus # 510 781 Locust Street
+(Sunday Sale)
Linda Kay Atkinson Bar-X+(Sunday Sale) 2616 Windsor Ave.
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Russell Northouse Hammer Time Bar+(Sunday Sale) 123 Main Street
CLASS “B” WINE
TFM Company Oky Doky # 1 250 W. 1 st Street
TFM Company Oky Doky # 2 51 W. 32 nd Street
Hartig Drug Company Hartig Drug 2255 JFK Road
CLASS “WBN” NATIVE WINE
Rainbo Oil Company Kwik Stop C-Store 2335 University Ave.
Mulgrew Oil Company 16 th St Auto/Truck Plaza 1215 E. 16 th Street
Kwik Trip, Inc. Tobacco Outlet Plus # 504 806 Wacker Drive
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Passed, approved and adopted this 5 day of April, 2010
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Getting’ Ahead Program: Contract with Move the MountainCity Manager recommending
approval of the contract with the Move the Mountain Leadership Center for services related to
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implementation of the Circlesinitiative. Upon motion the documents were received, filed, and
approved.
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 Voetberg. Motion carried 7-0.
HHH Enterprises of Dubuque, Inc.: City Manager recommending that a public hearing be set
for April 19, 2010 to consider approval of a lease agreement with HHH Enterprises of
Dubuque, Inc., to operate and maintain a restaurant deck and beer garden at 180 Main Street.
Upon motion the documents were received and filed and Resolution No. 95-10 Resolution of
intent to dispose of an interest in real property owned by the City of Dubuque by lease
between the City of Dubuque and HHH Enterprises of Dubuque, Inc., was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on April 19, 2010 in the Historic
Federal Building.
RESOLUTION NO. 95-10
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF
DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE AND HHH ENTERPRISES OF
DUBUQUE, INC.
Whereas, the City of Dubuque, Iowa (City) owns a portion of the sidewalk adjacent to the
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southwestern boundary of West 1 Street and connecting to the real property at 180 Main
Street in the City of Dubuque, Iowa, (the Property); and
Whereas, City and HHH Enterprises of Dubuque, Inc., have negotiated a Lease Agreement
for HHH Enterprises of Dubuque, Inc., to operate and maintain a restaurant deck and beer
garden at 180 Main Street, a copy of which Lease Agreement is on file at the office of the City
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Clerk, City Hall, 50 West 15 Street, Dubuque, Iowa; and
Whereas, the City Council believes it is in the best interests of the City of Dubuque to
approve the Lease Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. The City of Dubuque intends to dispose of its interest in the Property by Lease
Agreement between City and HHH Enterprises of Dubuque, Inc.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the
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City’s intent to dispose of the Property, to be held on the 19 day of April, 2010 at 6:30 o’clock
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p.m. at the Historic Federal Building, Council Chambers, 350 West 6 Street, Dubuque, Iowa.
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Passed, approved and adopted this 5 day of April, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fiscal Year 2010 Second Budget Amendment: City Manager recommending that a public
hearing be set for April 19, 2010 to consider approval of the second amendment to the Fiscal
Year 2010 Budget. Upon motion the documents were received and filed and Resolution No.
96-10 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2010
Budget for the City of Dubuque was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on April 19, 2010 in the Historic Federal Building.
RESOLUTION NO.96-10
SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE
FISCAL YEAR 2010 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and
place for a public hearing on amendments to the budget and publish notice before the hearing
as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on proposed Amendment
No. 2 to the Fiscal Year 2010 budget for the City of Dubuque at the City Council Chambers at
the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, April 19, 2010,
beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of
the public hearing, according to law, together with the required budget information.
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Passed, approved and adopted this 5 day of April 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC City Clerk
Tenth and Central Parking Ramp and Fire Headquarters Expansion Project: City Manager
recommending initiation of the public bidding process for the Tenth and Central Parking Ramp
and Fire Headquarters Expansion Project and that a public hearing be set for April 19, 2010 to
consider approval of the plans and specifications, form of contract and estimated cost. Upon
motion the documents were received and filed and Resolution No. 97-10 Preliminary approval
of plans, specifications, form of contract, and estimated cost, setting date of public hearing and
ordering bids for the Tenth and Central Parking Ramp and Fire Headquarters Expansion
Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April
19, 2010 in the Historic Federal Building.
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RESOLUTION NO. 97-10
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10 & CENTRAL PARKING RAMP AND
FIRE HEADQUARTERS EXPANSION PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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The proposed plans, specifications, form of contract and estimated cost for the 10 &
Central Parking Ramp in the estimated amount of $9,882,136.00 (partially funded by the U.S.
Department of Commerce Economic Development Administration based on grant approval)
and Fire Headquarters Expansion Project in the estimated amount of $ 580,720.00 (completely
funded by General Obligation Bonds) 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 19 day of April, 2010 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 10 & Central Parking Ramp and Fire Headquarters Expansion Project is hereby
ordered to be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
published not less than four but not more than forty-five days before the date for filing bids
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before 11:00 AM on the 4 day of May, 2010.
Bids shall be opened and read by the City Clerk at said time and will be submitted to the
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City Council for final action at 6:30 p.m. on May 17, 2010 in the Historic Federal Building
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Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa.
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Passed, adopted and approved this 5 day of April, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Water Pollution Control Plant Upgrade Project: City Manager recommending initiation of the
public bidding process for the Water Pollution Control Plant Upgrade Project and that a public
hearing be set for April 19, 2010 to consider approval of the plans and specifications, form of
contract and estimated cost. Upon motion the documents were received and filed and
Resolution No. 98-10 Preliminary approval of plans, specifications, form of contract, and
estimated cost, setting date of public hearing and ordering bids for the Water Pollution Control
Plant Upgrade Project was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on April 19, 2010 in the Historic Federal Building.
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RESOLUTION NO. 98-10
WATER POLLUTION CONTROL PLANT MODIFICATIONS
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 City of
Dubuque Water Pollution Control Plant modifications in the estimated amount of $42,858,266
are herby 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 19 day of April 2010 at 6:30 p.m. in the Historic Federal
Building Council Chambers at which time interested persons may appear and be heard for or
against the proposed plans and specifications, form of contract and estimated cost of said
Project, and the City Clerk be and is hereby directed to cause the attached notice of the time
and place of such hearing to be published in a newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be published not less than four days nor more than
twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or estimated
cost of the Project.
The City of Dubuque Water Pollution Control Plant Modifications is hereby ordered to be
advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
published not less than four but not more than forty-five days before the date for filing bids
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before 2:00 p.m. on the 20 day of May, 2010. 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 7 day
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of June, 2010 in the Historic Federal Building Council Chambers (second floor), 350 West 6
Street, Dubuque, Iowa.
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Passed, approved and adopted this 5 day of April, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions: Community Development Advisory
Commission. One 3-year term through February 15, 2013 (At-Large Term of Gukeisen)
Applicant: Peter Koshakji, 1076 ½ University Avenue. Motion by Connors to appoint Peter
Koshakji to the Community Development Advisory Commission for a 3-year term through
February 15, 2013. Seconded by Lynch. Motion carried 7-0.
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ACTION ITEMS
Cell Phone Ordinance: City Attorney requesting City Council direction on the repeal of the
City’s cell phone ordinance as to whether it be effective upon publication or on June 30, 2010.
Motion by Connors to receive and file the documents and that the requirement that a
proposed ordinance repealing Ordinance No. 11-10 Prohibiting the use of an electronic
communications device while operating a motor vehicle effective upon publication 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 failed 4-3 with Buol, Resnick and
Voetberg voting nay.
Motion by Jones to receive and file the documents and that the requirement that a proposed
ordinance repealing Ordinance No. 11-10 Prohibiting the use of an electronic communications
device while operating a motor vehicle effective June 30, 2010 be considered and voted on for
passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Voetberg. Motion failed 5-2 with Lynch and Braig voting nay.
Motion by Resnick to propose an ordinance be drafted by the City Attorney for consideration
at a later meeting which would dovetail with the State ordinance. Motion failed for lack of a
second.
Motion by Jones to consider the first reading of a proposed ordinance repealing Ordinance
No. 11-10 Prohibiting the use of an electronic communications device while operating a motor
vehicle effective upon publication. Seconded by Lynch. Motion failed 3-4 with Buol, Connors,
Resnick and Voetberg voting nay.
Multiple Housing Cooperative Transfers: City Manager recommending approval of a
proposed ordinance which requires that an existing structure being transferred to a multiple
housing cooperative must meet building code requirements in effect on the date of the transfer.
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 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 22-10 Amending Title
14 Chapter 7 of the City of Dubuque Code of Ordinances, Condominium Conversions, by
prohibiting transfer of an existing structure to a multiple housing cooperative unless the
structure meets building code requirements in effect on the date of transfer. Seconded by
Jones. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 22-10
AMENDING TITLE 14 CHAPTER 7 OF THE CITY OF DUBUQUE CODE OF ORDINANCES,
CONDOMINIUM CONVERSIONS, BY PROHIBITING TRANSFER OF AN EXISTING
STRUCTURE TO A MULTIPLE HOUSING COOPERATIVE UNLESS THE STRUCTURE
MEETS BUILDING CODE REQUIREMENTS IN EFFECT ON THE DATE OF TRANSFER
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Title 14 Chapter 7, Sections 14-7-1, 14-7-2,
and 14-7-3 are amended to read as follows:
Chapter 7
CONDOMINIUM CONVERSIONS AND
TRANSFERS TO A MULTIPLE HOUSING COOPERATIVE
14-7-1: CONDOMINIUM CONVERSIONS: BUILDING CODE REQUIREMENTS:
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No person shall file a declaration in the office of the county recorder to convert an
existing structure to a horizontal property regime unless a certificate of compliance has been
issued by the city manager that the converted structure meets the building code
requirements of this code in effect on the date of conversion.
14-7-2: CONDOMINIUM CONVERSIONS: FILING DECLARATION WITH CITY CLERK:
At least sixty (60) days before being recorded in the office of the county recorder, the
declarant shall file a copy of the declaration and as built plans of the structure with the
city clerk to enable the city to establish whether or not the converted structure meets the
building code requirements. The declarant shall also at the time of filing the declaration
and plans pay a condominium conversion fee established by resolution of the city council.
14-7-3: CONDOMINIUM CONVERSIONS: INSPECTION; CERTIFICATE OF
COMPLIANCE
A. Inspection: Upon receipt of the plans, the city manager or the city manager's
designee shall conduct an inspection of the structure to determine whether or not the
structure meets the building code requirements.
B. Issuance of Certificate: If the structure meets the building code requirements, the
city manager shall issue a certificate of compliance to the declarant.
C. Notice of Noncompliance: If the structure does not meet the building requirements,
the city manager shall notify the declarant in writing as to the building code requirements
not met by the structure.
Section 2. City of Dubuque Code of Ordinances Title 14 Chapter 7 is amended by adopting
the following new sections:
14-7-4: TRANSFERS TO A MULTIPLE HOUSING COOPERATIVE: BUILDING CODE
REQUIREMENTS:
An existing structure shall not be transferred to a multiple housing cooperative unless
the structure meets all building code requirements in effect on the date of transfer. No
person shall file a deed in the office of the county recorder transferring an interest in real
property occupied by an existing structure to a cooperative organized under Iowa Code
499A unless a certificate of compliance has been issued by the city manager that the
structure meets the building code requirements of this code in effect on the date of
transfer.
14-7-5: TRANSFERS TO A MULTIPLE HOUSING COOPERATIVE: FILING PLANS
WITH CITY CLERK:
At least sixty (60) days before filing the deed in the office of the county recorder, the
owner shall file as built plans of the structure to be transferred with the city clerk to enable
the city to establish whether or not the structure meets the building code requirements.
The owner shall also at the time of filing the plans pay a fee established by the city
manager
14-7-6: TRANSFERS TO A MULTIPLE HOUSING COOPERATIVE: INSPECTION;
CERTIFICATE OF COMPLIANCE
A. Inspection: Upon receipt of the plans, the city manager or the city manager's
designee shall conduct an inspection of the structure to determine whether or not the
structure meets the building code requirements.
B. Issuance of Certificate: If the structure meets the building code requirements, the
city manager shall issue a certificate of compliance to the owner.
C. Notice of Noncompliance: If the structure does not meet the building requirements,
the city manager shall notify the owner in writing as to the building code requirements not
met by the structure.
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Passed, approved and adopted this 5 day of April, 2010.
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/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 10 day of April, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
CLOSED SESSION
Motion by Jones to go into closed session at 7:05 p.m. regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Voetberg.
Motion carried 7-0.
Upon motion the City Council reconvened in open session at 7:30 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 7:31 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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