11 1 10 City Council Proceedings_Regular Offical
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on November 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 Pastor Scott Griffin of Bible Baptist Church.
PRESENTATIONS
Iowa Chapter of the American Planning Association – Unified Development Code was
presented by Planning Services Manager Laura Carstens; 1000 Friends of Iowa Award –
Unified Development Code was presented by Planning Services Manager Laura Carstens; and
Iowa Chapter of the American Planning Association – Sustainable Dubuque was presented by
Sustainable Community Coordinator Cori Burbach.
PROCLAMATIONS
Hospice Month (November 2010) was accepted by Carole Carroll, Hospice of Dubuque,
2255 JFK Road; Philanthropy Day (November 15, 2010) was accepted by Dan McCarthy,
Finley Health Foundation, 350 N. Grandview Avenue; and Dubuque Main Street Week
(November 1 – 7, 2010) was accepted by DMS Executive Director Dan LoBianco.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Voetberg. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 8/31; City
Council of 10/18; Historic Preservation Commission of 10/21; Library Board of 8/26
Proof of publication of City Council Proceedings of October 4 and 12, 2010 and List of
Claims and Summary of Revenues for Month Ended September 30, 2010
Upon motion the documents were received and filed.
Notice of Claims/Suits: Darlene Ryan for vehicle damage; Donald Cherba for vehicle
damage; Sunnycrest Manor for property damage; Jennifer Ney for personal injury; James and
Molly Kolf for property damage; Gerald J. Lochner for vehicle damage; Donna J. Cooksley 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: Donald Cherba for
vehicle damage; Jennifer Ney for personal injury; Anne Holmberg for personal injury;
Sunnycrest Manor for property damage; James and Molly Kolf for property damage; Gerald
Lochner for vehicle damage. Upon motion the documents were received, filed and concurred.
Renewal Rates for Voluntary Dental Plan: City Manager recommending approval of the
renewal rates for the City’s voluntary dental plan. Upon motion the documents were received,
filed, and approved.
Renewal Rates for Worker’s Compensation Claims: City Manager recommending approval
of the renewal rates from Alternative Services Concepts (ASC) for services related to the
administration of the City’s Worker’s Compensation Program. Upon motion the documents
were received, filed, and approved.
Trail Project at the Bergfeld Recreation Area: City Manager recommending acceptance of
the Trail Project at the Bergfeld Recreation Area as completed by Drew Cook and Sons
Excavating in the final contract amount of $444,582.00. Upon motion the documents were
received and filed and Resolution No. 416-10 Accepting the Trail Project at the Bergfeld
Recreation Area and authorizing payment of the contract amount to the contractor was
adopted.
RESOLUTION NO. 416-10
ACCEPTING THE TRAIL PROJECT AT THE BERGFELD RECREATION AREA AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Trail Project at the Bergfeld Recreation
Area (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 Trail
Project at the Bergfeld Recreation Area, CIP #360-1943 appropriation for the contract amount
of $444,582 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 November, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Iowa Section of the American Water Works Association: City Manager advising that Water
Department Manager Bob Green has been elected to the Chair position of the Iowa Section of
the American Water Works Association Board of Directors. Upon motion the documents were
received and filed.
North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase I:
City Manager recommending acceptance of the North Fork Catfish Creek Stormwater and
Sanitary Sewer Improvements Project – Phase I as completed by Anstoetter Construction Co.,
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in the final contract amount of $719,884.12. Upon motion the documents were received and
filed and Resolution No. 417-10 Accepting the North Fork Catfish Creek Stormwater and
Sanitary Sewer Improvements Project – Phase I and authorizing payment of the contract
amount to the contractor was adopted.
RESOLUTION NO. 417-10
ACCEPTING THE NORTH FORK CATFISH CREEK STORMWATER AND SANITARY
SEWER IMPROVEMENTS PROJECT – PHASE I AND AUTHORIZING THE PAYMENT OF
THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the North Fork Catfish Creek Stormwater
and Sanitary Sewer Improvements Project – Phase I (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 Catfish
Interceptor Reconstruction and North Fork Sanitary Sewer Improvements appropriations for
the contract amount of $719,884.12 less any retained percentage provided for therein as
provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the
provisions of Iowa Code Chapter 573.
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Passed, approved and adopted this 1 day of November, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE NORTH FORK
CATFISH CREEK STORMWATER AND SANITARY SEWER IMPROVEMENTS PROJECT –
PHASE I
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project
– Phase I, 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 $896,932.65.
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Dated this 25 day of October, 2010.
Gus Psihoyos. City Engineer
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Filed in the office of the City Clerk on the 28 day of October, 2010.
Jeanne F. Schneider, CMC, City Clerk
North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase II:
City Manager recommending acceptance of the North Fork Catfish Creek Stormwater and
Sanitary Sewer Improvements Project – Phase II as completed by Portzen Construction, Inc.,
in the final contract amount of $1,052,308.47. Upon motion the documents were received and
filed and Resolution No. 418-10 Accepting the North Fork Catfish Creek Stormwater and
Sanitary Sewer Improvements Project – Phase II and authorizing payment of the contract
amount to the contractor was adopted.
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RESOLUTION NO. 418-10
ACCEPTING THE NORTH FORK CATFISH CREEK STORMWATER AND SANITARY
SEWER IMPROVEMENTS PROJECT – PHASE II AND AUTHORIZING THE PAYMENT OF
THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the North Fork Catfish Creek Stormwater
and Sanitary Sewer Improvements Project – Phase II (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 Catfish
Interceptor Reconstruction, North Fork Sanitary Sewer Improvements, and the
Pennsylvania/John F. Kennedy Culvert Improvement appropriations for the contract amount
$1,052,308.47 less any retained percentage provided for therein as provided in Iowa Code
Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code
Chapter 573.
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Passed, approved and adopted this 1 day of November, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE NORTH FORK
CATFISH CREEK STORMWATER AND SANITARY SEWER IMPROVEMENTS PROJECT –
PHASE II
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project
– Phase II, 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 $1,215,817.24.
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Dated this 26 day of October, 2010.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 28 day of October, 2010.
Jeanne F. Schneider, CMC, City Clerk
North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase III:
City Manager recommending acceptance of the North Fork Catfish Creek Stormwater and
Sanitary Sewer Improvements Project – Phase III as completed by Portzen Construction, Inc.,
in the final contract amount of $1,626,471.56. Upon motion the documents were received and
filed and Resolution No. 419-10 Accepting the North Fork Catfish Creek Stormwater and
Sanitary Sewer Improvements Project – Phase III and authorizing payment of the contract
amount to the contractor was adopted.
RESOLUTION NO. 419-10
ACCEPTING THE NORTH FORK CATFISH CREEK STORMWATER AND SANITARY
SEWER IMPROVEMENTS PROJECT – PHASE III AND AUTHORIZING THE PAYMENT OF
THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the North Fork Catfish Creek Stormwater
and Sanitary Sewer Improvements Project – Phase III (the Project) has been completed and
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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 Catfish
Interceptor Reconstruction, North Fork Sanitary Sewer Improvements, Key Way Channel and
Culvert Improvements, Key Way to Rosemont Channel Improvements, Rosemont Culvert
Improvements, Rosemont to NW Arterial Channel Improvements appropriations for the
contract amount $1,626,471.56 less any retained percentage provided for therein as provided
in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of
Iowa Code Chapter 573.
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Passed, approved and adopted this 1 day of November, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE NORTH FORK
CATFISH CREEK STORMWATER AND SANITARY SEWER IMPROVEMENTS PROJECT –
PHASE III
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project
– Phase III, 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 $1,847,577.95.
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Dated this 26 day of October, 2010.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 28 day of October, 2010.
Jeanne F. Schneider, CMC, City Clerk
National Mississippi River Museum and Aquarium Rivers Center Project – Phase II: City
Manager recommending acceptance of the construction contracts for the National Mississippi
River Museum and Aquarium Rivers Center Project – Phase II. Upon motion the documents
were received and filed; and
Resolution No. 420-10 Accepting the National Mississippi River Museum and Aquarium
Rivers Center Project – Phase II (Iowa DOT No. EDP-2100 (652)—7Y-31), Contract No. 1 –
General Construction, authorizing payment of the contract amount to the contractor;
Resolution No. 421-10 Accepting the National Mississippi River Museum and Aquarium
Rivers Center Project – Phase II (Iowa DOT No. EDP-2100 (652)—7Y-31), Contract No. 2 –
Food Service, authorizing payment of the contract amount to the contractor;
Resolution No. 422-10 Accepting the National Mississippi River Museum and Aquarium
Rivers Center Project – Phase II (Iowa DOT No. EDP-2100 (652)—7Y-31), Contract No. 4 –
Plumbing Systems, authorizing payment of the contract amount to the contractor;
Resolution No. 423-10 Accepting the National Mississippi River Museum and Aquarium
Rivers Center Project – Phase II (Iowa DOT No. EDP-2100 (652)—7Y-31), Contract No. 5 –
HVAC Systems, authorizing payment of the contract amount to the contractor;
Resolution No. 424-10 Accepting the National Mississippi River Museum and Aquarium
Rivers Center Project – Phase II (Iowa DOT No. EDP-2100 (652)—7Y-31), Contract No. 6 –
Geothermal Well Systems, authorizing payment of the contract amount to the contractor; and
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Resolution No. 425-10 Accepting the National Mississippi River Museum and Aquarium
Rivers Center Project – Phase II (Iowa DOT No. EDP-2100 (652)—7Y-31), Contract No. 7 –
Electrical System, authorizing payment of the contract amount to the contractor were adopted.
RESOLUTION NO. 420-10
ACCEPTING THE NATIONAL MISSISSIPPI RIVER MUSEUM AND AQUARIUM RIVERS
CENTER PROJECT – PHASE II (IOWA DOT NO. EDP-2100 (652)--7Y-31), CONTRACT NO.
1 – GENERAL CONSTRUCTION, AUTHORIZING THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the National Mississippi River Museum and
Aquarium Rivers Center Project – Phase II, Contract No. 1 – General Construction (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 Rivers
to the Sea Exhibit Grant (EDP-2100(652)--7Y-31) ($1,828,469.60), and the City shall be
reimbursed in the amount of $530,578.40 from the Dubuque County Historical Society for the
contract amount of $2,359,048.00 less any retained percentage provided for therein as
provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the
provisions of Iowa Code Chapter 573.
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Passed, approved and adopted this 1 day of November, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE NATIONAL
MISSISSIPPI RIVER MUSEUM AND AQUARIUM RIVERS CENTER PROJECT – PHASE II
(IOWA DOT NO. EDP-2100 (652)--7Y-31), CONTRACT NO. 1 – GENERAL
CONSTRUCTION
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the National Mississippi River Museum and Aquarium Rivers Center Project – Phase
II, Contract No. 1 – General Construction, 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 $2,359,048.00.
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Dated this 26 day of October, 2010.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 28 day of October, 2010.
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 421-10
ACCEPTING THE NATIONAL MISSISSIPPI RIVER MUSEUM AND AQUARIUM RIVERS
CENTER PROJECT – PHASE II (IOWA DOT NO. EDP-2100 (652)--7Y-31), CONTRACT NO.
2 – FOOD SERVICE, AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO
THE CONTRACTOR
Whereas, the Public Improvement Contract for the National Mississippi River Museum and
Aquarium Rivers Center Project – Phase II, Contract No. 2 – Food Service (the Project) has
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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 Rivers
to the Sea Exhibit Grant (EDP-2100(652)--7Y-31) ($93,112.00), and the City shall be
reimbursed in the amount of $23,278.00 from the Dubuque County Historical Society for the
contract amount of $116,390.00 less any retained percentage provided for therein as provided
in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of
Iowa Code Chapter 573.
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Passed, approved and adopted this 1 day of November, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE NATIONAL
MISSISSIPPI RIVER MUSEUM AND AQUARIUM RIVERS CENTER PROJECT – PHASE II
(IOWA DOT NO. EDP-2100 (652)--7Y-31), CONTRACT NO. 2 – FOOD SERVICE
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the National Mississippi River Museum and Aquarium Rivers Center Project – Phase
II, Contract No. 2 – Food Service, 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
$116,390.00.
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Dated this 26 day of October, 2010.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 28 day of October, 2010.
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 422-10
ACCEPTING THE NATIONAL MISSISSIPPI RIVER MUSEUM AND AQUARIUM RIVERS
CENTER PROJECT – PHASE II (IOWA DOT NO. EDP-2100 (652)--7Y-31), CONTRACT NO.
4 – PLUMBING SYSTEMS, AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT
TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the National Mississippi River Museum and
Aquarium Rivers Center Project – Phase II, Contract No. 4 – Plumbing Systems, (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 Rivers
to the Sea Exhibit Grant (EDP-2100(652)--7Y-31) ($256,408.12), and the City shall be
reimbursed in the amount of $75,686.23 from the Dubuque County Historical Society for the
contract amount of $332,094.35 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
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Iowa Code chapter 573.
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Passed, approved and adopted this 1 day of November, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE NATIONAL
MISSISSIPPI RIVER MUSEUM AND AQUARIUM RIVERS CENTER PROJECT – PHASE II
(IOWA DOT NO. EDP-2100 (652)--7Y-31), CONTRACT NO. 4 – PLUMBING SYSTEMS
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the National Mississippi River Museum and Aquarium Rivers Center Project – Phase
II, Contract No. 4 – Plumbing Systems, 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
$332,094.35.
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Dated this 26 day of October, 2010.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 28 day of October, 2010.
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 423-10
ACCEPTING THE NATIONAL MISSISSIPPI RIVER MUSEUM AND AQUARIUM RIVERS
CENTER PROJECT – PHASE II (IOWA DOT NO. EDP-2100 (652)--7Y-31), CONTRACT NO.
5 – HVAC SYSTEMS, AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO
THE CONTRACTOR
Whereas, the Public Improvement Contract for the National Mississippi River Museum and
Aquarium Rivers Center Project – Phase II, Contract No. 5 – HVAC Systems, (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 Rivers
to the Sea Exhibit Grant (EDP-2100(652)--7Y-31) ($1,323,692.00), and the City shall be
reimbursed in the amount of $340,912.00 from the Dubuque County Historical Society for the
contract amount of $1,664,604.00 less any retained percentage provided for therein as
provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the
provisions of Iowa Code Chapter 573.
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Passed, approved and adopted this 1 day of November, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE NATIONAL
MISSISSIPPI RIVER MUSEUM AND AQUARIUM RIVERS CENTER PROJECT – PHASE II
(IOWA DOT NO. EDP-2100 (652)--7Y-31), CONTRACT NO. 5 – HVAC SYSTEMS
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the National Mississippi River Museum and Aquarium Rivers Center Project – Phase
II, Contract No. 5 – HVAC Systems, 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
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$1,664,604.00.
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Dated this 26 day of October, 2010.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 28 day of October, 2010.
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 424-10
ACCEPTING THE NATIONAL MISSISSIPPI RIVER MUSEUM AND AQUARIUM RIVERS
CENTER PROJECT – PHASE II (IOWA DOT NO. EDP-2100 (652)--7Y-31), CONTRACT NO.
6 – GEOTHERMAL WELL SYSTEMS, AUTHORIZING THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the National Mississippi River Museum and
Aquarium Rivers Center Project – Phase II, Contract No. 6 – Geothermal Well Systems, (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 Rivers
to the Sea Exhibit Grant (EDP-2100(652)--7Y-31) ($327,936.04), and the City shall be
reimbursed in the amount of $99,864.59 from the Dubuque County Historical Society for the
contract amount of $427,800.63 less any retained percentage provided for therein as provided
in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of
Iowa Code Chapter 573.
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Passed, approved and adopted this 1 day of November, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE NATIONAL
MISSISSIPPI RIVER MUSEUM AND AQUARIUM RIVERS CENTER PROJECT – PHASE II
(IOWA DOT NO. EDP-2100 (652)--7Y-31), CONTRACT NO. 6 – GEOTHERMAL WELL
SYSTEMS
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the National Mississippi River Museum and Aquarium Rivers Center Project – Phase
II, Contract No. 6 – Geothermal Well Systems, 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 $427,800.63.
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Dated this 26 day of October, 2010.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 28 day of October, 2010.
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 425-10
ACCEPTING THE NATIONAL MISSISSIPPI RIVER MUSEUM AND AQUARIUM RIVERS
CENTER PROJECT – PHASE II (IOWA DOT NO. EDP-2100 (652)--7Y-31), CONTRACT NO.
7 – ELECTRICAL SYSTEMS, AUTHORIZING THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
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Whereas, the Public Improvement Contract for the National Mississippi River Museum and
Aquarium Rivers Center Project – Phase II, Contract No. 7 – Electrical Systems, (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 Rivers
to the Sea Exhibit Grant (EDP-2100(652)--7Y-31) ($666,857.24), and the City shall be
reimbursed in the amount of $229,887.31 from the Dubuque County Historical Society for the
contract amount of $896,744.55 less any retained percentage provided for therein as provided
in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of
Iowa Code Chapter 573.
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Passed, approved and adopted this 1 day of November, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE NATIONAL
MISSISSIPPI RIVER MUSEUM AND AQUARIUM RIVERS CENTER PROJECT – PHASE II
(IOWA DOT NO. EDP-2100 (652)--7Y-31), CONTRACT NO. 7 – ELECTRICAL SYSTEMS
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the National Mississippi River Museum and Aquarium Rivers Center Project – Phase
II, Contract No. 7 – Electrical Systems, 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
$896,744.55.
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Dated this 26 day of October, 2010.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 28 day of October, 2010.
Jeanne F. Schneider, CMC, City Clerk
US 151/61 at US 52 and US 151/61 at Maquoketa Drive Traffic Signal Project: City Manager
recommending approval of the execution of the Iowa Department of Transportation (Iowa
DOT) Agreement for Iowa Clean Air Attainment Program (ICAAP) funding for the US 151/61 at
US 52 and US 151/61 at Maquoketa Drive Traffic Signal Project. Upon motion the documents
were received and filed and Resolution No. 426-10 Approving the Iowa Department of
Transportation Federal Aid Funding Agreement for an Iowa Clean Air Attainment Program
(ICAAP) Project (Agreement No. 6-10-STPA-26) for the US 151/61 at US 52 and US 151/61 at
Maquoketa Drive Traffic Signal Project was adopted.
RESOLUTION NO. 426-10
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR A
IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) PROJECT (AGREEMENT NO. 6-10-
STPA-26) FOR THE US 151/61 AT US 52 AND US 151/61 AT MAQUOKETA DRIVE
TRAFFIC SIGNAL PROJECT
Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of
Iowa Clean Air Attainment Program (ICAAP) funds for the PCC pavement widening and traffic
signals at the intersections of Maquoketa Drive and Twin Valley Drive.
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Whereas, the Iowa DOT ICAAP funds will be eligible to complete said improvements to the
US 151/61 at US 52 and US 151/61 at Maquoketa Drive Traffic Signal Project, 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 Agreement for a Iowa Clean Air Attainment Program
(ICAAP) Project (Agreement 6-10-STPA-26) between the City of Dubuque and the Iowa
Department of Transportation be approved for the PCC pavement widening and traffic signals
at the intersections of Maquoketa Drive and Twin Valley Drive.
Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT
Agreement for a Iowa Clean Air Attainment Program (ICAAP) Project (Agreement 6-10-STPA-
26) for the US 151/61 at US 52 and US 151/61 at Maquoketa Drive Traffic Signal Project.
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Passed, approved and adopted this 1 day of November, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
US 151/61 Capacity Improvements Project – Consultant Selection: City Manager
recommending approval of the selection of IIW Engineers and Surveyors, P.C. to perform the
street geometric and traffic signal engineering design for the improvements along US 151/61
from US 52/Twin Valley to the Maquoketa Drive Intersection and authorize the City Manager to
negotiate a professional Services Agreement and execute a contract with IIW Engineers and
Surveyors, P.C. Upon motion the documents were received, filed, and approved.
2009 Sewer Cured-in-Place (CIPP) Pipe Lining Project: City Manager recommending
acceptance of the 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project, as completed by
Visu-Sewer Clean & Seal, in the final contract amount of $142,254.15. Upon motion the
documents were received and filed and Resolution No. 427-10 Accepting the 2009 Sewer
CIPP Lining Project and authorizing payment of the contract amount to the contractor was
adopted.
RESOLUTION NO. 427-10
ACCEPTING THE 2009 SEWER CURED-IN-PLACE PIPE (CIPP) LINING PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the 2009 Sewer Cured-In-Place Pipe (CIPP)
Lining 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
Sanitary Sewer Lining and General Storm Sewer Repairs appropriations for the contract
amount of $142,254.15 less any retained percentage provided for therein as provided in Iowa
Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa
Code Chapter 573.
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Passed, approved and adopted this 1 day of November, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2009 SEWER
CURED-IN-PLACE PIPE (CIPP) LINING PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the 2009 Sewer Cured-In-Place Pipe (CIPP) Lining 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 $145,059.39.
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Dated this 26 day of October, 2010.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 28 day of October, 2010.
Jeanne F. Schneider, CMC, City Clerk
Dubuque Regional Airport Jet Center Drive Resurfacing Project: City Manager
recommending acceptance of the Dubuque Regional Airport Jet Center Drive Resurfacing
Project as completed by Eastern Iowa Excavating & Concrete, LLC, in the final contract
amount of $81,567.83. Upon motion the documents were received and filed and Resolution
No. 428-10 Accepting the Dubuque Regional Airport Jet Center Drive Resurfacing Project and
authorizing payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 428-10
ACCEPTING THE DUBUQUE REGIONAL AIRPORT JET CENTER DRIVE RESURFACING
PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract for the Dubuque Regional Airport Jet Center
Drive Resurfacing Project (the Project) has been completed and the City Engineer has
examined the work and filed a certificate stating that the Project has been completed according
to the terms of the Public Improvement Contract and that the City Engineer recommends that
the Project be accepted.
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 Asphalt
Pavement Maintenance for Parking Lots appropriation for the contract amount of $81,567.83
less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and
to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573.
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Passed, approved and adopted this 1 day of November, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE DUBUQUE
REGIONAL AIRPORT JET CENTER DRIVE RESURFACING PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Dubuque Regional Airport Jet Center Drive Resurfacing Project, that the Project
has been performed in compliance with the terms of the Public Improvement Contract, and that
the total cost of the completed work is $85,488.01.
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Dated this 26 day of October, 2010.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 28 day of October, 2010.
Jeanne F. Schneider, CMC, City Clerk
Bee Branch Creek Restoration Project – Property Acquisition: City Manager recommending
approval to purchase a commercial property located at 501 Rhomberg Avenue as part of the
acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion
the documents were received and filed and Resolution No. 429-10 Approving the acquisition of
real estate owned by Steven J. Smith and Gary L. Carner in the City of Dubuque was adopted.
RESOLUTION NO. 429-10
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY STEVEN J. SMITH AND
GARY L. CARNER IN THE CITY OF DUBUQUE
Whereas,the City of Dubuque intends to acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended
in the Drainage Basin Master Plan; and
Whereas,a purchase agreement has been finalized with the owner of the property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property: Lot 1 of Lot 11 and Lot 2 of Lot 12, Smedley’s Subdivision, all in the City of
Dubuque, Dubuque County, Iowa, at the cost of Ninety Thousand and 00/100 Dollars
($90,000.00).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim
deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the
herein described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed to cause said Quit
Claim Deed to be recorded in the office of the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution
to the Dubuque County Assessor and the Dubuque County Auditor.
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Passed, approved and adopted this 1 day of November, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Certification of Local Government Approval: City Manager recommending City Council
certification to the Iowa Finance Authority for Project Concern’s Homeless Shelter Operating
Grant funding. Upon motion the documents were received, filed, and approved.
Community Attraction and Tourism (CAT) Marketing Grant Application: City Manager
recommending approval of a $15,000 Community Attraction and Tourism (CAT) Marketing
Grant application for marketing the Mines of Spain and the City’s bilingual bike/hike trail
system. Upon motion the documents were received and filed and Resolution No. 430-10
Support of a CAT Marketing Program Grant Application for the Mines of Spain and City
Bilingual Trail System was adopted.
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RESOLUTION NO. 430-10
SUPPORT OF CAT MARKETING PROGRAM GRANT APPLICATION FOR THE MINES OF
SPAIN AND CITY BILINGUAL TRAIL SYSTEM
Whereas, the Community Attraction and Tourism (CAT) Marketing Grant program is
designed to assist communities in the development and creation of attractions or tourism
facilities; and
Whereas, the City of Dubuque and the Friends of the Mines of Spain jointly received a CAT
grant for the expansion of the E.B. Lyons Interpretive Center at the Mines of Spain; and
Whereas, the City of Dubuque’s bilingual bike/hike trail system connects to the trail system
in the Mines of Spain to create a community attraction; and
Whereas, the City of Dubuque supports marketing these facilities to take advantage of
economic development opportunities in tourism, and strengthen the community’s
competitiveness as a place to work and live.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor is authorized to sign and submit this grant application to Vision Iowa
for CAT Marketing Grant Program funding for the Mines of Spain and City Bilingual Trail
System.
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Passed, approved and adopted this 1 day of November 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Federal Emergency Management Agency: City Manager recommending approval of a
response letter to FEMA which outlines the City’s concern with the FEMA DFIRM mapping
project as it affects the City of Dubuque and clarifies the inclusion of the Julien Dubuque
Monument in a special flood hazard area. Upon motion the documents were received, filed,
and approved.
Historic Preservation Commission Correspondence: Correspondence from the Historic
Preservation Commission regarding the Dubuque Community School District proposed school
closures. Upon motion the document was received and filed.
Historic Millwork District Parking Lot Design – Request for Proposals: City Manager
recommending approval of the issuance of a Request for Proposals for the Historic Millwork
District Parking Lot Design. Upon motion the documents were received, filed, and approved.
“Timmy” Award: Communication from Mary Mulgrew Gronen advising that the Roshek
Building Redevelopment Project has won the “Best Historic Rehab Utilizing New Markets Tax
Credits” Timmy Award from the National Housing and Rehabilitation Association.
October 2010 Tax Credit Advisor Magazine with 2010 Timmy Award finalists.
Upon motion the documents were received and filed.
Shelter + Care Program Annual Report: City Manager recommending certification of the
Shelter + Care Program annual report. Upon motion the documents were received, filed and
approved.
Dubuque Racing Association: City Manager recommending approval of the Second
Amendment to Loan Agreement between DRA and American Trust and Savings Bank, the
First Amendment to the Assignment of the City-DRA Lease Agreement, and the First
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Amendment to the Negative Pledge Agreement between the City and American Trust and
Savings Bank. Upon motion the documents were received and filed and Resolution No. 431-10
Approving the Second Amendment to Loan Agreement between Dubuque Racing Association,
Ltd. and American Trust and Savings Bank was adopted.
RESOLUTION NO. 431-10
APPROVING THE SECOND AMENDMENT TO LOAN AGREEMENT BETWEEN DUBUQUE
RACING ASSOCIATION, LTD. AND AMERICAN TRUST & SAVINGS BANK
Whereas, the City of Dubuque, Iowa (City) leases property to Dubuque Racing Association,
Ltd. (DRA) for the operation of the Mystique Casino; and
Whereas, the lease requires City consent to certain indebtedness incurred by DRA; and
Whereas, DRA has requested American Trust & Savings Bank (Bank) to grant to DRA two
loans, one loan in the amount of $5,000,000.00 and the other loan in the amount of
$14,911,173.02; and
Whereas, the loans will be used by DRA to provide financing for the build–out of the
Mystique Casino; and
Whereas, the loans will also be used to pay off DRA's existing indebtedness to Bank; and
Whereas, the terms and conditions of the loans are set forth in the Second Amendment to
Loan Agreement, a copy of which is attached hereto; and
Whereas, the City Council finds that consenting to the Second Amendment to Loan
Agreement is in the best interests of the City of Dubuque; and
Whereas, the City Council has previously approved an Assignment of the Lease and a
Negative Pledge Agreement between City and Bank with respect to DRA's existing
indebtedness to Bank; and
Whereas, DRA has requested that the City consent to the attached First Amendment to the
Assignment of the Lease and the First Amendment to the Negative Pledge Agreement in
connection with the Second Amendment to Loan Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The City Council hereby consents to the Second Amendment to Loan Agreement
on behalf of the City of Dubuque.
Section 2. The First Amendment to Assignment of Lease Agreement and First Amendment
to Negative Pledge Agreement are hereby approved and the Mayor is hereby authorized and
directed to execute the Amendments on behalf of the City of Dubuque.
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Passed, approved and adopted this 1 day of November, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
U.S. Department of Housing and Urban Development – Healthy Homes Program Funding:
City Manager recommending approval of an application to the U.S. Department of Housing
and Urban Development for Healthy Homes Program funding. Upon motion the documents
were received and filed and Resolution No. 432-10 Authorizing the Mayor to execute an
application for a Healthy Homes Production Program Grant was adopted.
RESOLUTION NO. 432-10
AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR A HEALTHY HOMES
PRODUCTION PROGRAM GRANT
Whereas, the U.S. Department of Housing and Urban Development has made funds
available for the Lead Hazard Control and Healthy Homes Programs, including for lead-based
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paint hazard control, lead hazard awareness, training, community outreach, environmental
assessments and treatment; and
Whereas, the City of Dubuque proposes to initiate a Healthy Homes Production Program in
Census Tracts 1, 2, 5, 6, 7.01 and 7.02.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is hereby authorized and directed to execute an application to the
U.S. Department of Housing and Urban Development for a Healthy Homes Production
Program Grant in the amount of $1 million.
Section 2. That the City Manager is hereby authorized and directed to forward said
application and resulting standard executed contract to the respective agencies in a timely
fashion and as required by the U. S. Department of Housing and Urban Development.
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Passed, approved and adopted this 1 day of November, 2010.
Roy D Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
The Best Small Cities to Raise a Family: Article from Yahoo! Real Estate that Forbes has
named Dubuque as the top ranked city of “The Best Small Cities to Raise a Family.” Upon
motion the documents were received and filed.
Claim of Camille Blackbourn for Vehicle Damage: City Attorney submitting information
regarding the claim of Camille Blackbourn for vehicle damage. Upon motion the documents
were received and filed.
Signed Contracts: A. Water Pollution Control Plant Upgrade Project – Strand Associates,
Inc. – Construction Related Services Agreement – Amendment #1; B. Water Pollution Control
Plant Upgrade Project – Strand Associates, Inc. – Cogeneration Facilities Contract; C. Water
Pollution Control Plant Upgrade Project – MWH Americas, Inc. (MWH) – Environmental
Contamination Consulting Services; D. Water Pollution Control Plant Upgrade Project –
Environmental Management Services of Iowa, Inc. (EMSI) – Asbestos Removal; E. Award of
the North Grandview Avenue and Rosedale Avenue Storm Sewer Repair Project contract; F.
Structural/Stability Analysis of Dubuque Levy and Floodwall. Upon motion the documents were
received and filed.
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. 433-10 Granting the issuance of a Class “C” Beer Permit to Friendly Locust Mart, Aldi, Inc.
#30, and Kwik Stop Food Mart; and Resolution No. 434-10 Granting the issuance of a Class
“C” Beer/Liquor License to Aragon Tap, Channel Inn Restaurant and L. May; a Class “B” Wine
Permit to Aldi, Inc. #30; and a Class “WBN” Native Wine Permit to Kwik Stop Food Mart and
Dubuque Humane Society Adoption Center were adopted.
RESOLUTION NO. 433-10
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:
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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
Awn Stop Mart # 3 Friendly Locust Mart +(Sunday Sale) 408 W. Locust Street
Aldi, Inc. Aldi, Inc. # 30 +(Sunday Sale) 2160 Holliday Drive
Rainbo Oil Company Kwik Stop Food Mart +(Sunday Sale) 4039 Pennsylvania Ave.
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Passed, approved and adopted this 1 day of November, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 434-10
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
Aragon Tap, Inc. Aragon Tap +(Sunday Sale) 1103 Iowa Street
Carolyn Fonck Channel Inn Restaurant 2010 ½ Kerper Blvd.
L. May, Inc. L. May +(Sunday/Outdoor Sale) 1072 Main Street
CLASS “B” WINE
Aldi, Inc. Aldi, Inc. # 30 2160 Holliday Drive
CLASS “WBN” NATIVE WINE
Rainbo Oil Company Kwik Stop Food Mart 4039 Pennsylvania Ave.
Dubuque Humane Society DBQ Humane Society Adoption Center 555 JFK Road
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Passed, approved and adopted this 1 day of November, 2010
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
PUBLIC HEARING
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Sale of Property – 2015 Washington Street: Proof of publication on notice of public hearing
to consider the sale of property located at 2015 Washington Street to Jerry Chase and Julie
Woodyard and City Manager recommending approval. Motion by Jones to receive and file the
documents and adopt Resolution No. 435-10 Approving the sale of real estate, specifically, the
northerly 46 feet of Lot 20 in Steiner’s Addition or Subdivision in the City of Dubuque, County
of Dubuque, Iowa, according to the recorded plat thereof, 2015 Washington Street. Seconded
by Braig. Motion carried 7-0.
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RESOLUTION NO. 435-10
APPROVING THE SALE OF REAL ESTATE SPECIFICALLY, NORTHERLY 46 FEET OF
LOT 20 IN STEINER’S ADDITION OR SUBDIVISION IN THE CITY OF DUBUQUE COUNTY
OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF – 2015
WASHINGTON STREET
Whereas, pursuant to a notice, duly published in the Telegraph Herald newspaper, the City
Council of Dubuque, Iowa, met on 1 November 2010, in the Dubuque Historic Federal
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Building, 350 West 6 Street, Dubuque, Iowa to consider the proposal to dispose of City-
owned real estate located at 2015 Washington Street, described as: Northerly 46 feet of Lot 20
in Steiner’s Addition or Subdivision in the City of Dubuque, County of Dubuque, Iowa,
according to the recorded Plat thereof, and
Whereas, such purpose supports the Washington Neighborhood revitalization strategy as
approved by the City Council; and
Whereas, the City has received an offer to purchase this property from a qualifying
household; and
Whereas, the City Council of the City of Dubuque, Iowa has overruled any and all
objections, oral and written, to the proposal to dispose of the interest of the City of Dubuque,
Iowa, in the herein and above-described real estate to the below-named grantee.
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 sale of the following legally-
described property: Northerly 46 feet of Lot 20 in Steiner’s Addition or Subdivision in the City of
Dubuque, County of Dubuque, Iowa, according to the recorded Plat thereof, at the cost of
Ninety-one thousand dollars ($91 000).
Section 2. That the City of Dubuque be and is hereby authorized to provide a Warranty
Deed to the buyer, conveying the City’s interest to Jerry Chase and Julie Woodyard for the
herein-described real estate.
Section 3. That the City Clerk be and 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 authorized and directed to forward a
copy of this Resolution to the Dubuque Count Assessor and the Dubuque County Auditor.
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Passed, approved and adopted this 1 day of November, 2010.
Roy D Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Assistance Pool to Encourage Residential Housing in Downtown: City Manager
recommending approval of the issuance of a Request for Proposals for the third round of the
Downtown Housing Incentives Program. Motion by Connors to receive and file the documents
and adopt Resolution No. 436-10 Authorizing the City Manager to solicit proposals for projects
to encourage market-rate downtown rental and owner-occupied residential units in the Greater
Downtown Urban Renewal District. Seconded by Voetberg. Motion carried 7-0.
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RESOLUTION NO. 436-10
APPROVING AUTHORIZING THE CITY MANAGER TO SOLICIT PROPOSALS FOR
PROJECTS TO ENCOURAGE MARKET-RATE DOWNTOWN RENTAL AND OWNER-
OCCUPIED RESIDENTIAL UNITS IN 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.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council approves the Request for Proposal for projects that are in need
of assistance to encourage new market-rate downtown rental and owner-occupied residential
housing units in the Greater Downtown Urban Renewal District.
Section 2. That the City Manager is hereby authorized and directed to distribute the
Request for Proposal to interested parties.
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Passed, approved and adopted this 1 day of November, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Alcoholic Beverages on Leisure Services Property: City Manager recommending approval of
a change to the City ordinance which allows and/or prohibits alcoholic beverages in City parks.
Motion by Jones to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Jones. Responding to
questions from City Council, Leisure Services Manager Marie Ware clarified that the exempted
parks are gathering spots suited to larger functions versus the smaller community parks, which
tended to be located in residential areas and in proximity to schools. City Attorney Lindahl
stated that Dubuque is one of the few larger Iowa cities without a possession law for its parks
and that possession of alcoholic beverages is easier to prove than consumption. Motion
carried 6-1 with Lynch voting nay.
Motion by Jones for final consideration and passage of Ordinance No. 58-10 Amending City
of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and
Recreation, Article B Use Regulations, Section 10-5B-2 Intoxicating Beverages by prohibiting
the possession, consumption, or use of alcoholic liquor, wine, beer, or other intoxicating
beverages on park roadways and recreational trails, in park and recreation facility parking lots
and vehicles within a park, and in parks, unless specifically exempted or permitted. Seconded
by Voetberg. Motion carried 5-2 with Lynch and Resnick voting nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 58-10
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND
PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REGULATIONS,
SECTION 10-5B-2 INTOXICATING BEVERAGES BY PROHIBITING THE POSSESSION,
CONSUMPTION, OR USE OF ALCOHOLIC LIQUOR, WINE, BEER, OR OTHER
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INTOXICATING BEVERAGES ON PARK ROADWAYS AND RECREATIONAL TRAILS, IN
PARK AND RECREATION FACILITY PARKING LOTS AND VEHICLES WITHIN A PARK,
AND IN PARKS, UNLESS SPECIFICALLY EXEMPTED OR PERMITTED
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 10-5B-2 of the City of Dubuque Code of Ordinances is amended to read
as follows:
10-5B-2: INTOXICATING BEVERAGES:
A. Possession, Consumption, Or Use of Alcoholic Liquor, Wine, Beer, Or Other
Intoxicating Beverages Prohibited:
1. The possession, consumption, or use of alcoholic liquors, wine, and beer as defined
by Chapter 123 of the Code of Iowa or any other intoxicating beverages is prohibited on
park roadways and recreational trails, in park and recreation facility parking lots, and in
vehicles located within a park.
2. The possession, consumption, or use of alcoholic liquors, wine, and beer as defined
by Chapter 123 of the Code of Iowa or any other intoxicating beverages is prohibited in
any public park or park and recreation facility unless specifically exempted in Subsection
B.
B. Exemptions:
1. Subsection A(2) shall not apply to the possession, consumption, or use of alcoholic
liquors, wine, beer, or other intoxicating beverages at:
a. Alliant Energy Amphitheater events for which a special events permit has been
issued;
b. American Trust River's Edge Plaza events for which a special events permit has
been issued;
c. A.Y. McDonald Park;
d. Bunker Hill Golf Course;
e. Eagle Point Park;
f. Flora Park;
g. Four Mounds Park as approved by the Four Mounds Foundation;
h. John G. Bergfeld Recreation Area;
i. Marshall Park as approved by the Dubuque Arboretum Association, Inc.;
j. McAleece Park and Recreation Complex;
k. Miller Riverview Park;
l. Mississippi Riverwalk events for which a special events permit has been issued;
m. Murphy Park;
n. Veterans Park; and,
o. Any other park with the prior written approval of the city manager.
2. Subsection A shall not apply to the transporting of closed containers of intoxicating
beverages on park roadways, in park and recreation facility parking lots, in vehicles
located within the park, and the public parks and park and recreation facilities listed in
Subsection B(1).
3. Keg Beer: Notwithstanding Subsection B(1), beer in containers commonly referred
to as “keg beer” shall only be permitted by a licensed holder of a beer permit who has
obtained a permit from the city manager authorizing the use of such container.
Section 2. This Ordinance shall take effect on publication.
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Passed, approved and adopted the 1day of November, 2010.
/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 5 day of November, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
Sister City Relationships Advisory Commission: City Council Members Kevin Lynch and Dirk
Voetberg recommending creation of the Sister City Relationships Advisory Commission.
Motion by Connors to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Voetberg. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 59-10 Amending
Title 2 of the City of Dubuque Code of Ordinances by adopting a new Chapter 10 Creating the
Sister City Relationships Advisory Commission. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 59-10
AMENDING TITLE 2 OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING
A NEW CHAPTER 10 CREATING THE SISTER CITY RELATIONSHIPS ADVISORY
COMMISSION
Whereas, the City Council of the City of Dubuque established its first Sister City relationship
with Pyatigorsk, Russia, and later added Handan, China, as a Sister City; and
Whereas, the City Council believes strengthening and maintaining Sister City relationships
and exploring new partnerships is valuable and necessary to the on-going economic and
cultural growth of the City of Dubuque; and
Whereas, the City of Dubuque will benefit from the continued international exchange of
information facilitated through the creation of a Sister City Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 2 of the City of Dubuque Code of Ordinances is hereby amended by adding
the following:
Chapter 10
SISTER CITY RELATIONSHIPS ADVISORY COMMISSION
2-10-1: Commission Created: There is hereby created the Sister City Relationships
Advisory Commission to have such powers and responsibilities as hereinafter provided.
2-10-2: Purpose: The purposes of the Commission shall be to facilitate and maintain
economic and cultural exchanges with the City’s officially recognized international Sister
Cities; to explore potential relationships with cities where a Sister City relationship may be
mutually beneficial; and to engage partnerships with the business community and education
institutions that will enhance Sister City relationships.
2-10-3: Internal Organization and Rules: The Commission may adopt rules and
regulations to govern its organizational procedures as may be necessary and which are not
in conflict with City or State Code.
2-10-4: Procedures for Operation: All administrative, personnel, accounting, budgetary,
and procurement policies of the City shall govern the Commission in all its operations.
2-10-5: Membership: The Commission shall consist of twelve (12) members appointed by
the City Council.
1. Two (2) members shall be representatives of the City Council.
2. Ten (10) members shall be at-large residents of the City, appointed by the City
Council.
2-10-6: Terms: 2-10-6: The initial terms of Commissioners will be as follows: four
Commissioners for terms ending February 1, 2012, four Commissioners for terms ending
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February 1, 2013, and four Commissioners for terms ending February 1, 2014. Thereafter,
each member of the Commission shall hold office for three (3) years or until such member's
successor is appointed and qualified.
2-10-7: Vacancies: Vacancies caused by death, resignation, or otherwise shall be
promptly filled by the City Council for the unexpired term of office.
2-10-8: Officers; Organization: The Commission shall choose annually, from its own
membership, two (2) persons to serve as facilitators, each to serve a term of one (1) year.
The City Manager shall appoint a City staff person to serve as secretary. The Commission
shall fill vacancies among its officers for the remainder of the unexpired term.
2-10-9: Meetings:
1. Regular Meetings. The Commission shall meet quarterly.
2. Special Meetings. Special meetings may be called by the facilitators or at the
written request of three (3) members.
3. Open Meetings. All meetings shall be called and held in conformance with the
Iowa Open Meetings Law.
4. Attendance.
a. In the event a member of the Commission, created by this Chapter, has been
absent for three (3) or more consecutive meetings of the Commission, without being
excused by the facilitator, it shall be grounds for the Commission to recommend to
the City Council that the position be declared vacant and a replacement appointed.
b. Attendance shall be entered upon the minutes of all meetings.
5. Minutes. A copy of the minutes of all regular and special meetings of the
Commission shall be filed with the City Council within ten (10) working days after each
meeting.
6. Quorum. Six (6) members of the Commission shall constitute a quorum for the
transaction of business. The affirmative vote of a simple majority of the members
present shall be necessary for the adoption of any resolution.
2-10-10: Compensation: The members of the Commission shall serve without
compensation, provided that they may receive reimbursement for necessary travel and
other expenses while on official Commission business within the limits established in the
City administrative policies and the City budget.
2-10-11: Removal: The City Council may remove any member of any board or
commission which it has established.
2-10-12: Powers: The Commission shall have the following powers, duties, and
responsibilities:
1. To recommend to the City Council the official acknowledgement of or absolving of
a Sister City relationship.
2. To facilitate and maintain the exchange of information by and between the City
and its Sister Cities through, but not limited to correspondence, delegation visits, and
event planning.
Section 2. This Ordinance shall take effect upon publication.
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Passed, approved and adopted the 1day of November, 2010.
/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 5 day of November, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
Cartegraph Corporation Strategic Advisory Board: City Manager advising that the City of
Dubuque has been invited to participate in the Cartegraph Corporation Strategic Advisory
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Board; and, if City Council accepts the invitation, recommending appointment of a staff person
to the Board. Motion by Connors to receive and file the documents and appoint the City
Manager as the representative staff person. Seconded by Lynch. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Braig acknowledged Boy Scout Troop 48 and thanked them for attending.
Resnick reminded everyone of Election Day, November 2.
There being no further business, upon motion the City Council adjourned at 7:45 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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