1 3 11 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 January 3, 2011 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Connors, Jones, Lynch, Resnick, City Manager Van
Milligen, City Attorney Lindahl
Absent: Council Members Braig and Voetberg
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Reverend Maria Wiblin of Hillcrest Family Services.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Motion carried 5-0.
Minutes and Reports Submitted: City Council of 12/20 and 12/21; Environmental
Stewardship Advisory Commission of 12/7; Historic Preservation Commission of 12/16; Library
Board of Trustees of 11/16
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Investment Oversight Advisory Commission’s 70 Quarterly Report
Library Board of Trustees Update from Meeting of December 15, 2010
Proof of publication of City Council Proceedings of December 6, 2010
Upon motion the documents were received and filed.
Notice of Claims/Suits: David Klavitter for property damage; Walter Joniec for vehicle
damage. Upon motion the documents were received, filed, and referred to the City Attorney.
City Attorney advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: David Klavitter for
property damage. Upon motion the document was received, filed, and concurred.
Purchase of Property – Bee Branch Creek Restoration Project: City Manager
recommending approval of the purchase of a commercial property, located at 500 Rhomberg
Avenue and owned by PJ’s Tap, LLC, 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. 1-11 Approving the acquisition of real estate owned by PJ’s Tap, LLC in
the City of Dubuque was adopted.
RESOLUTION NO. 1-11
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY PJ’S TAP, LLC 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 2001 “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: W 21.2’ Lot 20 Smedleys Sub in the City of Dubuque, Dubuque County,
Iowa, at the cost of One Hundred Five Thousand and 00/100 Dollars ($105,000.00).
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 3 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
2010 Drain Tile Project: City Manager recommending acceptance of the construction
contract for the 2010 Drain Tile Project, as completed by Drew Cook & Sons Excavating, in the
final contract amount of $20,272.84. Upon motion the documents were received and filed and
Resolution No. 2-11 Accepting the 2010 Drain Tile Project and authorizing payment of the
contract amount to the contractor was adopted.
RESOLUTION NO. 2-11
ACCEPTING THE 2010 DRAIN TILE PROJECT AND AUTHORIZING THE PAYMENT OF
THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the 2010 Drain Tile Project (the Project) has
been completed and the City Engineer has examined the work and filed a certificate stating
that the Project has been completed according to the terms of the Public Improvement
Contract and that the City Engineer recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the Drain
Tile Program appropriation for the contract amount of $20,272.84 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 3 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2010 DRAIN TILE
PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
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inspected the 2010 Drain Tile 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
$24,130.84.
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Dated this 21 day of December, 2010.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 28 day of December, 2010.
Jeanne F. Schneider, CMC, City Clerk
NAI Region 5 Awards Nomination for the Friends of the Mines of Spain: City Manager
recommending approval of a letter of support for the Interpretation Award Nomination for the
Friends of the Mines of Spain. Upon motion the documents were received, filed, and approved.
Trees Forever Grant Application: City Manager recommending approval of the submission
of a $7,000 Trees Forever grant application to fund a small portion of the 485 trees planned
along the lower portion of the Bee Branch Creek Restoration Project. Upon motion the
documents were received and filed and Resolution No. 3-11 Support of Trees Forever
Application for funding for the Bee Branch Creek Restoration Project was adopted.
RESOLUTION NO. 3-11
SUPPORT OF TREES FOREVER APPLICATION FOR FUNDING FOR THE BEE BRANCH
CREEK RESTORATION PROJECT
Whereas, Trees Forever provides funding and technical assistance for tree planting projects
in parks, schools, residential areas, gateways, and trails; and
Whereas, the Bee Branch Creek Restoration Project plans call for 485 trees to be planted in
the fall of 2011 along the Lower Bee Branch; and
Whereas, the City Council has adopted the Fiscal Year 2011-2016 Capital Improvement
Program (CIP) budget, which includes the City’s local match for tree planting along the Bee
Branch Creek Restoration Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor is authorized to sign the letter of support and submit this grant
application to Trees Forever for the Lower Bee Branch Creek Restoration Project.
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Passed, approved and adopted this 3 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Westbrook Park Temporary Location Lease: City Manager recommending approval of an
amendment to the lease between the City and Callahan Construction, Inc. to change the
location for Westbrook Park from Lots 38 and 39 to Lots 1 and 2. Upon motion the documents
were received, filed, and approved.
Residency Requirement for Sister City Relationships Advisory Commission: Communication
from Jeffrey L. Walters submitting his application to the Sister City Relationships Advisory
Commission and advising that he lives outside the City limits. Upon motion the documents
were received and filed.
Advisory Board for the National ADA Coordinator Certification Program: City Manager
transmitting information on the appointment of Human Rights Director Kelly Larson to the
Advisory Board for the ADA Coordinator Certification Program. Upon motion the documents
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were received and filed.
EMS Student Contract with NICC: City Manager recommending approval to execute an
Emergency Medical Services Student contract with Northeast Iowa Community College. Upon
motion the documents were received, filed, and approved.
Signed Contracts: Bee Branch Creek Restoration Project – Phase I Environmental
Assessment. 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. 4-11 Granting the issuance of a Class “C” Beer Permit to Hartig Drug Company #4 and
Sam’s Club #4973; and Resolution No. 5-11 Granting the issuance of a Class “B” (Hotel/Motel)
Liquor License to Best Western Plus Hotel and Conference Center / Champps Americana; a
Class “C” Beer/Liquor License to Breezer’s Pub and The Lounge; and a Class “B” Wine Permit
to Sam’s Club, Dubuque Religious Center and Hartig Drug #4 were adopted.
RESOLUTION NO. 4-11
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
CLASS “C” BEER PERMIT
Hartig Drug Company Hartig Drug Company # 4 +(Sunday Sale) 2225 Central Ave.
Sam’s West, Inc. Sam’s Club # 4973+(Sunday Sale) 4400 Asbury Rd.
Passed, approved and adopted this 3rd day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 5-11
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 “B” (HOTEL/MOTEL) LIQUOR LICNESE
Dodge Street Entertainment, Best Western Plus Hotel & Conference 3500 Dodge St.
LLC Center Champps Americana
+(Sunday/Outdoor Sale)
CLASS “C” BEER/LIQUOR LICENSE
Breezer’s Pub Breezer’s Pub+(Sunday Sales) 600 Central Ave.
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Phillip Love The Lounge 481 Locust St.
CLASS “B” WINE
Sam’s West, Inc. Sam’s Club # 4973 4400 Asbury Rd.
Dubuque Religious Center, Dubuque Religious Center 923 Main St.
Inc.
Hartig Drug Company, Inc. Hartig Drug Company # 4 2225 Central Ave.
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Passed, approved and adopted this 3 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEM TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolution, set the public
hearing as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Jones. Motion carried 5-0.
Release of Easements – Lot 1 of Yiannias Place: City Manager recommending that a public
hearing be set for January 18, 2011 to consider a request from Brian Kane, representing Key
City Investment Company, for the release of easements in Yiannias Place in the City of
Dubuque. Upon motion the documents were received and filed and Resolution No. 6-11
Resolution of intent to dispose of City interest in Easement “B” and Easement “D” in Lot 1 and
Lot 1A of Yiannias Place in the City of Dubuque, Dubuque County, Iowa, was adopted setting
a public hearing for a meeting to commence at 6:30 p.m. on January 18, 2011 in the Historic
Federal Building.
RESOLUTION NO. 6-11
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN EASEMENT “B” AND
EASEMENT “D” IN LOT 1 AND LOT 1A OF YIANNIAS PLACE, IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Key City Investment Company has requested the vacating and disposal of
Easement “B” and Easement “D” in Lot 1 and Lot 1A of Yiannias Place; and
Whereas, the City Council finds that the request should be granted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest in Easement “B” and
Easement “D” in Lot 1 and Lot 1A of Yiannias Place in the City of Dubuque, Dubuque County,
Iowa.
Section 2. That the release of Easement “B” and Easement “D” in Lot 1 and Lot 1A of
Yiannias Place in the City of Dubuque, Dubuque County, Iowa, to Key City Investment
Company be contingent upon the payment of the publication and filing fees.
Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of
intent to dispose of said interest to be published in the manner as prescribed by law.
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Passed, approved and adopted this 3 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions:
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Housing Code Appeals Board: One 3-year term through January 11, 2014 (Term of Young).
Applicant: David Young, 1572 Central Avenue
Sister City Relationships Advisory Commission: Setting 10 Initial Terms: Three 1-year terms
through February 1, 2012; Three 2-year terms through February 1, 2013; Four 3-year terms
through February 1, 2014. Applicants: Sheila Castaneda, 1014 Dunham Drive; Michael Coty,
125 Bluff Street; Larissa Filimonenko, 2260 Samantha Drive; Jeffrey Jochum, 3750 Aerostar
Drive; Richard Landis, 2390 Clarke Crest Drive; Pat McNamara, 1041 Shady Oaks Drive;
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William McIntee, 1339 Belmont Street; Eric Miller, 1290 W. 5 Street, #1; Betty Phillips, 3047
Kane Court; Louise Thurn, 3037 Kaufmann Avenue; and Annalee Ward, 2758 Tiffany Court.
Ms. Castaneda, Mr. Coty, Ms. Filimonenko, Mr. Jochum, Mr. McNamara, Ms. Phillips and Ms.
Ward spoke in support of their respective appointments.
ACTION ITEMS
Historic Preservation Commission: Communication from the Historic Preservation
Commission advising that they have renewed their commitment to public outreach and
providing a report on the initial efforts. Motion by Connors to receive and file the documents.
Seconded by Lynch. HPC Chairperson David Klavitter provided a verbal report. Motion carried
5-0.
Amendments to the Housing Code: City Manager recommending approval of amendments
to the Housing Code to require crime-free training, to require tenant criminal background
checks and to designate certain rental property owners as Priority Category. Motion by Jones
to receive and file the documents and consider the first reading of the proposed ordinances
amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation, and
Environment, Chapter 6 Housing Regulations, Section 6-6-7 Licenses and Inspections
requiring a property owner, manager, or licensed real estate professional to participate in the
crime-free, multi-housing program as a condition of a license issuance or renewal for a rental
dwelling operating license; and amending the City of Dubuque Code of Ordinances Title 6
Health, Housing, Sanitation, and Environment, Chapter 6 Housing Regulations by adopting a
new Section 6-6-11 Priority Category; amending Chapter 6 Housing Regulations by adopting a
new Section 6-6-12 Procedure for Hearing Appeal of Priority Category Status; and amending
Chapter 6 Housing Regulations by adopting a new Section 6-6-13 Inspection of Properties
Owned by Priority Category. Seconded by Connors. Responding to questions from City
Council, Assistant City Attorney Crenna Brumwell and Police Chief Mark Dalsing stated that
the background checks will be maintained by the Police Department’s Records Division, and
information gained from the checks could be used by police in addition to their current search
methods. Landlord license fees do not fully cover the City’s expenses for providing the free
service, and background checks are limited to adult applicants named on the lease. Dalsing
added that he believes the checks provide accurate information from across all 50 states and
three prior addresses. Motion carried 5-0.
Federal Emergency Management Agency (FEMA) Flood Plain Map Update: City Manager
providing an update on the City of Dubuque’s Technical Appeal of FEMA’s Preliminary Digital
Flood Insurance Rate Map for our community. Motion by Jones to receive and file the
documents. Seconded by Resnick. Motion carried 5-0.
Extension of Southwest Arterial Moratorium: City Manager recommending approval of the
extension of the development moratorium for the Southwest Arterial Corridor to July 1, 2012.
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Motion by Connors to receive and file the documents and consider the first reading of the
proposed ordinance amending the City of Dubuque Code of Ordinances by amending Title 14
(Buildings and Development) and by amending Title 16 (Unified Development Code) extending
the development moratorium for the Southwest Arterial Corridor to July 1, 2012. Seconded by
Jones. Motion carried 5-0.
Solar Thermal Licensing, Permitting and Inspections: City Manager recommending approval
of amending the Code of Ordinances to create a Solar Thermal licensing system and empower
Solar Thermal permits and inspections. Motion by Lynch to receive and file the documents and
consider the first reading of the proposed ordinances amending City of Dubuque Code of
Ordinances Title 14 Building and Development by adding Chapter 13 Solar Thermal Licenses
which requires a license in order to perform work on solar thermal systems; and amending City
of Dubuque Code of Ordinances Title 14 Building and Development by adding Chapter 14
Solar Thermal Systems requiring permits and inspections for work performed on solar thermal
systems and setting forth the standards for solar thermal systems. Seconded by Jones. Motion
carried 5-0.
Selection of Color for “The Jule”: City Manager submitting color options for “The Jule” for
City Council consideration. Motion by Connors to receive and file the documents and select the
green “Mountain Dew” color option. Seconded by Resnick. Motion carried 5-0.
Friends of the Mines of Spain Advisory Board: City Manager requesting that the City Council
designate a representative to the Friends of the Mines of Spain Advisory Board. Motion by
Connors to receive and file the documents and appoint Mayor Buol as the representative.
Seconded by Lynch. Motion carried 5-0.
Amendment to Iowa Finance Authority (IFA) Loan Agreement: City Manager recommending
approval of an amendment to the Iowa Finance Authority loan agreement for financing a
portion of the costs of projects in the Historic Millwork District in an amount up to $4,500,000.
Motion by Jones to receive and file the documents and approve the recommendation.
Seconded by Resnick. Motion carried 5-0.
Community Development Block Grant Award to CARADCO Project: City Manager
recommending that the City indicate its interest in accepting a $5.9 million Community
Development Block Grant award for the CARADCO Project to the Iowa Department of
Economic Development. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Jones. Motion carried 5-0.
AV Preeminent Rating for City Attorney: Notification that City Attorney Barry Lindahl has
been awarded the AV Preeminent Rating from the Martindale-Hubbell Peer Review. Motion by
Connors to receive and file the documents. Seconded by Resnick. City Council Members
congratulated the City Attorney. Motion carried 5-0.
COUNCIL MEMBER REPORTS
Mayor Buol passed on Happy New Year wishes to all.
Jones extended an invitation to the opening of the Special Olympics on January 10 at the
Grand River Center.
PUBLIC INPUT
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Joseph Noel, 315 West Locust, thanked the City Council for their efforts in facilitating what
he considered to be an attractive and functional Burlington/Trailways bus hub at Rhomberg
and Elm Streets.
CLOSED SESSION
Motion by Jones to go into closed session at 7:28 p.m. regarding Pending Litigation and
Property Acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa and Collective Bargaining
Strategy pursuant to Iowa Code Chapter 20.17(3). Seconded by Resnick. Motion carried 5-0.
Upon motion at 8:39 p.m., the City Council reconvened in open session stating that staff
had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:40 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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