2 22 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 February 22, 2011 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, 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 Carolyn Farrell, BVM.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Motion carried 6-0.
Minutes and Reports Submitted: City Conference Board of 3/1/10 and 3/18/10; City Council
of 2/7, 2/9, and 2/15; Housing Commission of 1/25; Human Rights Commission of 1/10; Library
Board of 12/15; Mechanical Board of 2/10; Zoning Advisory Commission of 2/2; Zoning Board
of Adjustment of 1/27. Upon motion the documents were received and filed.
Notice of Claims/Suits: Glen Koelker for vehicle damage; Joanne McKay for vehicle
damage; Tyler Hoyt for vehicle damage; Michael Hubanks for vehicle damage; Rick J. Putnam
for vehicle damage; Sarah Trantham for vehicle damage; Rich Haigh for vehicle damage; John
P. Kelly for vehicle damage; Angela Steur 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: Glen Koelker for
vehicle damage; Joanne McKay for vehicle damage; Clay Gronen for vehicle damage; Michael
Hubanks for vehicle damage; Rick J. Putnam for vehicle damage; Sarah Trantham for vehicle
damage; Rich Haigh for vehicle damage; John P. Kelly for vehicle damage; Angela Steur for
property damage. Upon motion the documents were received, filed and concurred.
Southwest Arterial Consultant Supplemental Agreement – Final Design: City Manager
recommending approval of Supplemental Agreement No. 7 with AECOM Technical Services,
Inc. for the final engineering design phase of the Southwest Arterial Project subject to the
concurrence of the Iowa Department of Transportation. Upon motion the documents were
received and filed and Resolution No. 50-11 Approving the Consultant Professional Services -
Supplemental Agreement between AECOM Technical Services, Inc. and the City of Dubuque
for the final engineering design phase of the Southwest Arterial Project was adopted.
RESOLUTION NO. 50-11
APPROVING THE CONSULTANT PROFESSIONAL SERVICES – SUPPLEMENTAL
AGREEMENT NO. 7 BETWEEN AECOM TECHNICAL SERVICES, INC., AND THE CITY OF
DUBUQUE FOR THE FINAL ENGINEERING DESIGN PHASE OF THE SOUTHWEST
ARTERIAL PROJECT
Whereas, the City of Dubuque is proceeding with the Southwest Arterial Project, from U.S.
Highway 20 to U.S. Highway 151/61, in Dubuque, Iowa; and
Whereas, as a result of ongoing design reviews, recent geotechnical findings and
recommendations outlined in the Value Engineering study, several modifications to the
previous preliminary plans were developed; and
Whereas, as a result of the proposed design and plan modifications, the Consultant
Professional Services - Supplemental Agreement authorizes AECOM to provide the revised
scope of services to continue to advance the completion of the final engineering design phase.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Consultant Professional Services - Supplemental Agreement between
AECOM Technical Services, Inc., and the City of Dubuque for the final engineering design
phase of the Southwest Arterial project is hereby approved, subject to the concurrence of the
Iowa Department of Transportation.
Section 2. That the Mayor be authorized and directed to execute three copies of said
Consultant Professional Services - Supplemental Agreement with AECOM Technical Services,
Inc., for the final engineering design phase of the Southwest Arterial project.
nd
Passed, approved and adopted this 22 day of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Southwest Arterial Consultant Supplemental Agreement – North Cascade Road Bridge
Construction Project: City Manager recommending approval of Supplemental Agreement No. 8
with AECOM Technical Services, Inc. to provide construction engineering services for the
North Cascade Road Bridge Construction Project (Phase I of the Southwest Arterial Project)
subject to the concurrence of the Iowa Department of Transportation. Upon motion the
documents were received and filed and Resolution No. 51-11 Approving the Consultant
Professional Services - Supplemental Agreement between AECOM Technical Services, Inc.
and the City of Dubuque for construction engineering services for the North Cascade Road
Bridge Construction Project (Phase 1 of the Southwest Arterial Project) was adopted.
RESOLUTION NO. 51-11
APPROVING THE CONSULTANT PROFESSIONAL SERVICES – SUPPLEMENTAL
AGREEMENT [NO. 8] BETWEEN AECOM TECHNICAL SERVICES, INC., AND THE CITY
OF DUBUQUE FOR CONSTRUCTION ENGINEERING SERVICES FOR THE NORTH
CASCADE ROAD BRIDGE CONSTRUCTION PROJECT (PHASE 1 OF THE SOUTHWEST
ARTERIAL PROJECT)
Whereas, the City of Dubuque is proceeding with the North Cascade Road Bridge
Construction Project (Phase I of the Southwest Arterial Project); and
Whereas, AECOM Technical Services, Inc., will provide construction engineering services
for the North Cascade Road Bridge Construction Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Consultant Professional Services - Supplemental Agreement -
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Southwest Arterial, from Seippel Road to Olde Davenport Road between AECOM Technical
Services, Inc., and the City of Dubuque is hereby approved for the North Cascade Road
Bridge Construction Project (Phase I of the Southwest Arterial), subject to the concurrence of
the Iowa Department of Transportation.
Section 2. That the Mayor be authorized and directed to execute three copies of said
Consultant Professional Services - Supplemental Agreement - Southwest Arterial, from
Seippel Road to Olde Davenport Road, subject to the concurrence of the Iowa Department of
Transportation, for the North Cascade Road Bridge Construction Project (Phase I of the
Southwest Arterial).
nd
Passed, approved and adopted this 22 day of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Smart Planning Consortium: City Manager recommending approval to submit a request for
technical assistance from the Environmental Protection Agency by the Dubuque Smart
Planning Consortium. Upon motion the documents were received, filed, and approved.
Smart Planning Grant Agreement: City Manager recommending approval of an agreement
with the Iowa Department of Economic Development (IDED) for a Smart Planning Grant with
Dubuque County, the City of Dubuque, and six small cities (Asbury, Cascade, Dyersville,
Epworth, Farley and Peosta) to cover up to 50% of the cost for a new or updated
comprehensive plan for each participant. Upon motion the documents were received, filed, and
approved.
Certified Local Government (CLG) Annual Report: City Manager transmitting the 2010
Certified Local Government (CLG) Annual Report. Upon motion the documents were received
and filed.
2010 National Park Service (NPS) Annual Products Report: City Manager transmitting the
2010 National Park Service (NPS) Annual Products Report and Baseline Questionnaire. Upon
motion the documents were received and filed.
2010 Urban Revitalization Program Applications: City Manager recommending approval of
2010 Urban Revitalization Program applications for residential property tax exemptions. Upon
motion the documents were received and filed and Resolution No. 52-11 Approving property
tax abatement applications submitted by property owners in recognized urban revitalization
areas and authorizing the transmittal of the approved applications to the City Tax Assessor
was adopted.
RESOLUTION NO. 52-11
APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY PROPERTY
OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE
TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR
Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to
abate property taxes for improvements made to properties in designated revitalization areas;
and
Whereas, the Urban Revitalization Act requires property owners to submit a written
application for abatement by February 1 of the assessment year for which the abatement is
first claimed, and further requires the City Council to approve all applications that meet the
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requirements of the adopted Urban Revitalization Plan and forward the approved applications
to the City Assessor for review by March 1 of each year; and
Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban
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Revitalization Areas were established: Washington Neighborhood, Jackson Park, West 11
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Street, Cathedral and West 11 Street; and
Whereas, the City of Dubuque, as of February 1, 2011, received tax abatement applications
from the following property owners in the aforementioned urban revitalization districts:
Washington Neighborhood Urban Revitalization Area
1241 Jackson – Richard and Annette Miller
1276 Jackson – Betty Mullady
1355 Washington – Dennis & Marlene McCarthy
1429 Elm – Thomas R. Roling
1433 Washington – Richard Nienke
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145 East 17 Street – Deb Runde
1515 Elm – Joshua C. Shepherd
1523 Elm – Ruth A Jurisic
1567 Elm – Scotty Birch & Lynn Besser
1576 Washington – Elizabeth Soule
1578 Washington – Jay Streinz
1580 Jackson – Larry & Mary Jo Gearheart
1628 Washington – Pat & Louise Urbain
1669 Washington – Glen Bradley
1681 Elm – Karen K. Schaffer & Bobby D. Cratton
1896 Washington – Kevin & Becky Lightfoot
1925 Washington – Robert F. Mootz
2015 Washington – Julie Woodyard
2057 Washington – Edwin & Darlene Keehn
2105 Washington – Jeffrey John Kieffer
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351 East 15 Street – Michelle Clemens
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West 11 Street Urban Revitalization Area.
1125 Highland Place – Bradley-McDonald Trust
1531 Cornell – Mary & Marvin Ritt
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474 West 16 Street – Sandra Smith
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481 West 15 Street – Professional Properties LLC
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510 West 11 Street – Gina Kramer & Juan C. Nieto
571 Jefferson – Leo Broughton
Jackson Park Urban Revitalization Area
306 West Locust - Timothy & Ruth Toomey
Cathedral Urban Revitalization Area
205 Bluff – B&C Cathedral Development LLC
392 Bluff - RMF Associates LLC
394 Bluff – RMF Associated LLC; and
Whereas, the City of Dubuque, as of February 1, 2011, received a tax exemption application
from a property owner in the aforementioned urban revitalization district for improvement made
in previous years:
Washington Neighborhood Urban Revitalization Area
2073 Jackson – Thomas Richard: Improvements in 2007; and
Whereas, the Housing and Community Development Department and Building Services
Department have reviewed the above-described applications and inspected the properties, and
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have determined that the applications and the improvements conform to all requirements of the
City of Dubuque’s Urban Revitalization Plans.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.That the above-described tax abatement applications meet the requirements of
the City of Dubuque’s Urban Revitalization Plans.
Section 2.That the above-described tax abatement applications are hereby approved by the
City Council, subject to the review and approval of the City Assessor.
Section 3.That the City Clerk is hereby authorized and directed to forward the above-
described tax abatement applications to the City Assessor.
nd
Passed, approved and adopted this 22 day of February 2011.
Roy M. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Request for Proposals – Annual Auditing Services: City Manager recommending approval of
the issuance of a Request for Proposals for the City’s annual audit. Upon motion the
documents were received, filed, and approved.
Downtown Rehabilitation Loan – 1132-1136 Locust Street: City Manager recommending
approval of a letter of commitment for a Downtown Rehabilitation Loan of $300,000, a $10,000
façade grant, a $10,000 design grant and a $15,000 financial consultant grant for Judy
Davison to support rehabilitation of properties located at 1132-1136 Locust Street. Upon
motion the documents were received and filed and Resolution No. 53-11 Authorizing a Letter
of Commitment and additional actions concerning a Downtown Rehabilitation Loan, Façade
Grant, Design Grant and Financial Consultant Grant to Judy Davison was adopted.
RESOLUTION NO. 53-11
AUTHORIZING A LETTER OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING
A DOWNTOWN REHABILITATION LOAN, FAÇADE GRANT, DESIGN GRANT AND
FINANCIAL CONSULTANT GRANT TO JUDY DAVISON
Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant
Program for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal
District; and
Whereas, the City of Dubuque, Iowa, is encouraging the use of this loan/grant program to
finance code compliance activities and to spur job creation activities; and
Whereas, the loan application from Judy Davison meets the requirements of this program;
and
Whereas, a Commitment Letter, hereto attached and by this reference made a part hereof,
sets forth the terms and conditions of Judy Davison’s participation in the Downtown
Rehabilitation Loan Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the application of Judy Davison for participation in the Downtown
Rehabilitation Loan and Grant Program is hereby accepted and approved.
Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of
the City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to Judy
Davison for review and approval.
Section 3. That the City Manager be and he is hereby directed to prepare, upon execution
and receipt of the attached Commitment Letter by the applicant, the necessary loan
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documents in accordance with the terms and conditions set forth in said Commitment Letter.
Section 4. That the City Manager is hereby authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized
to disburse loan funds from the Downtown Rehabilitation Loan/Grant Program, in accordance
with the terms and conditions of the executed agreement.
nd
Passed, approved and adopted this 22 day of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Community Development Block Grant (CDBG) Administration: City Manager recommending
approval of a proposal from East Central Intergovernmental Association in the amount of
$7,500 to administer the Community Development Block Grant for the Caradco Building, LLLP,
project. Upon motion the documents were received and filed and Resolution No. 54-11
Approving the contract for 2010 CDBG Grant Administration to East Central Intergovernmental
Association was adopted.
RESOLUTION NO. 54-11
APPROVING THE CONTRACT FOR 2010 CDBG GRANT ADMINISTRATION TO EAST
CENTRAL INTERGOVERNMENTAL ASSOCIATION
Whereas, the City of Dubuque, Iowa, is party to the Agreement creating the East Central
Intergovernmental Association (hereinafter called the ECIA) and is a member in good standing;
and
Whereas, the City of Dubuque, Iowa, wishes to engage the ECIA to provide certain
technical and professional services for grant administration of the City of Dubuque’s 2010 Iowa
Department of Economic Development Community Development Block Grant (Contract #08-
DRH-212) Program; and
Whereas, Articles II, III (12), and VIII (2) and (3) of the Articles of Agreement of the East
Central Intergovernmental Association gives the ECIA the authority to perform services under
consideration.
NOW, THEREFORE, BE IT RESOLVED, that the East Central Intergovernmental
Association is hereby authorized to provide staff assistance as prescribed in the attached
Contract for Services and Scope of Services.
nd
Passed, approved, and adopted this 22 day of February, 2011.
Roy Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
City Development Board: Communication from Marie Steenlage, City Development Board
Administrator, advising that the voluntary annexation request of the Dubuque Metropolitan
Area Solid Waste Agency will be heard by the Board on March 9, 2011.
Notice of meeting to consider the City of Dubuque’s voluntary annexation within the
urbanized area of the cities of Peosta and Centralia.
Upon motion the documents were received and filed.
Knight Soul of the Community 2010: Copy of the Knight Soul of the Community 2010
Report. Upon motion the document was received and filed.
American Council of Engineering Companies (ACEC): Communication from the American
Council of Engineering Companies (ACEC) advising that the City’s East / West Corridor
Connectivity Study has earned a National Recognition Award in the American Council of
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Engineering Companies 2011 Engineering Excellence Awards competition. Upon motion the
document was received and filed.
Iowa League of Cities: Communication from the Iowa League of Cities advising that Council
Member Joyce Connors’ name has been submitted for appointment to the National League of
Cities Human Development Committee. Upon motion the document was received and filed.
Citizen Communication: Communication from Loras Pape regarding taxes. Upon motion the
document was received and filed.
U.S. Department of Housing and Urban Development (HUD): City Manager recommending
approval of the execution of grant agreements with the U.S. Department of Housing and Urban
Development for the Lead Hazard Control and Healthy Homes Product grants. Upon motion
the documents were received and filed and Resolution No. 55-11 Authorizing execution of a
Lead Hazard Control Grant Agreement and Healthy Homes Production Grant Agreement with
the U.S. Department of Housing and Urban Development was adopted.
RESOLUTION NO. 55-11
AUTHORIZING EXECUTION OF A LEAD HAZARD CONTROL GRANT AGREEMENT AND
HEALTHY HOMES PRODUCTION GRANT AGREEMENT WITH THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT
Whereas, the U.S. Department of Housing and Urban Development has approved funds in
the amount of $3,099,948 for the Lead Hazard Control Program for a thirty-six month
performance period commencing April 1, 2010 and ending March 31, 2011; and
Whereas, a grant agreement covering the activities proposed to be carried out with the Lead
Hazard Control Grant funds has been transmitted to the City of Dubuque by the U. S.
Department of Housing and Urban Development; and
Whereas, the U.S. Department of Housing and Urban Development has approved funds in
the amount of $999,973 for the Healthy Homes Production Program for a thirty six month
performance period commencing April 1, 2010 and ending March 31, 2011; and
Whereas, a grant agreement covering the activities proposed to be carried out with the
Healthy Homes Production Grant funds has been transmitted to the City of Dubuque by the U.
S. Department of Housing and Urban Development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.That the Funding Approval/Agreement, authorized by the U.S. Department of
Housing and Urban Development beginning April 1, 2011 for a Lead Hazard Control Grant to
the City of Dubuque in the amount of $3,099,948 and identified as Grant Number IALHB0466-
10 is hereby accepted.
That the Funding Approval/Agreement, authorized by the U.S. Department of Housing and
Urban Development beginning April 1, 2011 for a Healthy Homes Production Grant to the City
of Dubuque in the amount of $999,973 and identified as Grant Number IALHH0217-10 is
hereby accepted.
Section 2.That the Mayor of the City of Dubuque be and he is hereby authorized and
directed to execute said Agreements on behalf of the City of Dubuque, Iowa.
nd
Passed, approved and adopted this 22 day of February 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
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Handan City: Communication from Lv Jinlong, Vice Secretary General of Handan City
Government, expressing great sorrow on the death of Council Member Dirk Voetberg. Upon
motion the document was received and filed.
Signed Contracts: A. Change orders for Fire Station Expansion and 975 Central Avenue
Ramp Construction Project; B. Five Flags Concert Lighting Bid Award Request; and C. Water
Pollution Control Plant Update Project – Change Order #5. 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. 56-11 Granting the issuance of a Class “C” Beer/Liquor License to Hammerheads Bar and
Billiards, Players Sports Bar, Northside Bar, Gin Rickey’s, Town Clock Inn, Bootleggers Pub,
and The Clubhouse was adopted.
RESOLUTION NO. 56-11
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 “C” BEER/LIQUOR LICENSE
Hammerhead’s, Inc. Hammerhead’s Bar & Billiards 2095 Kerper Blvd.
+(Sunday Sale)
L & L Investment, Co. Player’s Sports Bar +(Sunday Sale) 1902 Central Ave.
Northside Bar, Inc. Northside Bar +(Sunday/Outdoor Sale) 2776 Jackson St.
HE-FR, Ltd. Gin Rickey’s +(Sunday Sale) 1447 Central Ave.
Town Clock Inn, Inc. Town Clock Inn 799 Town Clock
Bootleggers Pub, Inc. Bootlegger’s Pub +(Outdoor Sale) 1689 Elm St.
Melvin Spiegelhalter The Clubhouse 2364 Washington St.
Passed, approved and adopted this 22nd day of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Braig. Motion carried 6-0.
Sanitary Sewer Easement – Faley Properties, LLC: City Manager recommending that a
public hearing be set for March 7, 2011 to consider a request from Faley Properties, LLC d/b/a
IWI Motor Parts to obtain an easement for a sanitary sewer lateral that will serve their
development of Lot 2 of Dubuque Industrial Center North First Addition. Upon motion the
documents were received and filed and Resolution No. 57-11 Intent to dispose of a sanitary
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sewer easement in the City of Dubuque and fixing the date for a public hearing on the
proposed disposal of a sanitary sewer easement in the Dubuque Industrial Center North First
Addition to Faley Properties, LLC and Faley Enterprises, Inc. and providing for the publication
of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m.
on March 7, 2011 in the Historic Federal Building.
RESOLUTION NO. 57-11
INTENT TO DISPOSE OF A SANITARY SEWER EASEMENT IN CITY OF DUBUQUE
AND
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE PROPOSED DISPOSAL OF A SANITARY SEWER EASEMENT
IN THE DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION TO FALEY
PROPERTIES, LLC, AND FALEY ENTERPRISES, INC., AND PROVIDING FOR THE
PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City), is the owner of Lot C of the Dubuque Industrial
Center North First Addition (the Property); and
Whereas, City and Faley Properties, LLC and Faley Enterprise, Inc, have entered into a
Development Agreement, on February 7, 2011 a copy of which is now on file at the Office of
the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and
Whereas, the City Council has tentatively determined that it would be in the best interests of
the City to approve the Sanitary Sewer Easement to Faley Properties, LLC, and Faley
Enterprises, Inc.; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of the
meeting at which the City Council proposes to take action thereon and at which meeting the
City Council shall receive oral and/or written objections from any resident or property owner of
said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described
Property to Faley Properties, LLC and Faley Enterprises, 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 foregoing-described Property, to be held on the 7 day of March,
2011, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350
W. 6th Street, Dubuque, Iowa.
Section 3. The Clerk is hereby directed to cause at least one publication to be made of a
notice of said meeting, in a newspaper, printed wholly in the English language, published at
least once weekly, and having general circulation in said City, said publication to be not less
than four days nor more than twenty days before the date of said meeting on the issuance of
said obligations.
Section 4. That the notice of the proposed action to issue said obligations shall be in
substantially the form attached hereto.
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Passed, approved and adopted this 22 day of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Fire Hydrant Painting Project: City Manager recommending initiation of the bidding process
for Phase I of the Fire Hydrant Painting Program and that a public hearing be set for March 7,
2011. Upon motion the documents were received and filed and Resolution No. 58-11
Preliminary approval of the plans and specifications, form of contract, and estimated cost;
setting date of public hearing on the plans and specifications, form of contract, and estimated
cost; and ordering the advertisement for bids was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on March 7, 2011 in the Historic Federal Building.
RESOLUTION NO. 58-11
FIRE HYDRANT PAINTING PROJECT
PRELIMINARY APPROVAL OF THE SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON THE 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 specifications, form of contract and estimated cost for the power washing,
priming and repainting of approximately 700 public fire hydrants in the estimated amount of
$90,000 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 7 day of March, 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 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 specifications, form of contract, or estimated cost of the Project.
The Fire Hydrant Painting Project is hereby ordered to be advertised for bids.
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 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
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not more than forty-five days before the date for filing bids before 10:00 a.m. on the 24 day of
March. Bids shall be opened and read by the City Clerk at 10:00 a.m. and will be submitted to
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the City Council for final action at the public hearing at 6:30 p.m. on the 4 day of April, in the
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Historic Federal Building Council Chambers (Second Floor), 350 West 6 Street, Dubuque,
Iowa.
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Passed, adopted and approved this 22 day of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fiscal Year 2012 Budget and Capital Improvement Program: City Manager recommending
that a public hearing be set for March 10, 2011 to consider approval of the Fiscal Year 2012
Budget and Fiscal Year 2012 – 2016 Capital Improvement Program. Upon motion the
documents were received and filed and Resolution No. 59-11 Setting the date for the public
hearing on the Fiscal Year 2012 Budget for the City of Dubuque; and Resolution No. 60-11
Setting the date for the public hearing on the Five Year Capital Improvement Program for
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Fiscal Years 2012 through 2016 for the City of Dubuque were adopted setting a public hearing
for a meeting to commence at 6:30 p.m. on March 10, 2011 in the Historic Federal Building.
RESOLUTION NO. 59-11
SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2012 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 the Fiscal Year 2012 budget before the final budget certification
date and shall 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 the proposed Fiscal Year
2011 budget for the City of Dubuque in the City Council Chambers at the Historic Federal
Building, 350 West 6th Street, Dubuque, Iowa, on Thursday, March 10, 2011, 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.
nd
Passed, approved and adopted this 22 day of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 60-11
SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL
IMPROVEMENT PROGRAM FOR FISCAL YEARS 2012 THROUGH 2016 FOR THE CITY
OF DUBUQUE
Whereas, a proposed Five-Year Capital Improvement Program for the City of Dubuque for
Fiscal Years 2012 through 2016 has been prepared and submitted to the City Council; and
Whereas, the capital projects for the first year of the program are included in the Fiscal Year
2012 budget for the City of Dubuque; and
Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a public
hearing and adopt the five-year Capital Improvement Program simultaneously with the public
hearing and adoption of the Fiscal Year 2012 budget for the City of Dubuque.
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 the five-year Capital
Improvement Program for Fiscal Years 2012 through 2016 in the City Council Chambers at the
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Historic Federal Building, 350 West 6 Street, Dubuque, Iowa, on Thursday, March 10, 2011,
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.
nd
Passed, approved and adopted this 22 day of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque Industrial Center Economic Development District: City Manager recommending
that a public hearing be set for March 7, 2011 to consider an amendment to the Dubuque
Industrial Center Economic Development District. Upon motion the documents were received
and filed and Resolution No. 61-11 Resolution of Necessity finding that certain areas adjacent
to the Dubuque Industrial Center Economic Development District meet the definition of an
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Economic Development Area under the Urban Renewal Law, and that development of said
areas is necessary in the interest of the residents of the City of Dubuque, Iowa, and to rescind
Resolution No. 20-11 was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on March 7, 2011 in the Historic Federal Building.
RESOLUTION NO. 61-11
A RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO THE
DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT MEET THE
DEFINITION OF AN ECONOMIC DEVELOPMENT AREA UNDER THE URBAN RENEWAL
LAW, AND THAT DEVELOPMENT OF SAID AREAS IS NECESSARY IN THE INTEREST
OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA, AND TO RESCIND
RESOLUTION 20-11
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution No. 109-08
adopted on April 7, 2008, approved the Amended and Restated Urban Renewal Plan for the
Dubuque Industrial Center Economic Development District (the “District”) in order to provide
redevelopment opportunities which will further the purposes and objectives of the foregoing
Urban Renewal Plan; and
Whereas, the City Council has found that certain areas adjacent to the District meet the
definition of an economic development area as found in Chapter 403 "Urban Renewal" of the
Iowa Code; and
Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may
be exercised, a City Council must adopt a resolution of necessity finding that the area in
question is a slum, blighted or economic development area, and that so designating such area
is necessary in the interest of the public health, safety or welfare of the residents of the
municipality; and
Whereas, Resolution 20-11 was approved on January 18, 2011 and incorrectly provided a
legal description for the area to be included in the district.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Resolution 20-11 is hereby rescinded.
Section 2. That the following described area, which is proposed to be added to the Dubuque
Industrial Center Economic Development District, is an economic development area as defined
by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project, to wit:
All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1, including any adjoining
public street right-of-way to said lots, all in the City of Dubuque, Dubuque County, Iowa, and;
all of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork
Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of Dubuque
Industrial Center West and Lot 1 of Dubuque Industrial Center West 2nd Addition in the City of
Dubuque, Dubuque County, Iowa, including crossings at the intersections of Old Highway
Road and Chicago Central & Pacific Railroad rights-of-way.
Section 3. That the development of the above-described expansion area is necessary and
appropriate to facilitate the proper growth and development of the community in accordance
with sound planning and local community objectives.
Section 4. That the City Manager is authorized and directed to prepare an amendment to
the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District for the purpose of including the above-described area in the District, to
forward said amendment to the City's Long Range Planning Commission for review and
comment, and to begin the consultation process required by law with affected taxing entities.
Section 5. That the City Clerk is directed to publish notice of a public hearing on the
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adoption of the proposed amendment to the Amended and Restated Urban Renewal Plan for
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the Dubuque Industrial Center Economic Development District to be held on March 7, 2011 at
6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa 52001 and that
said notice shall generally identify the areas covered by the Amended and Restated Plan, the
areas proposed to be added to the District, and the general scope of the urban renewal
activities planned for such areas, and that said notice shall be published and available to the
public on February 25, 2011.
Section 6. That the City Clerk is further directed to send by ordinary mail a copy of said
notice of public hearing and the proposed amendment to the Dubuque Community School
District, the County Board of Supervisors and the Northeast Iowa Community College, as the
affected taxing entities.
nd
Passed, approved and adopted this 22 day of February, 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: Community Development Advisory Commission: One 3-year
term through February 15, 2014 (Term of Shaw). Applicant: David Shaw, 2765 Broadway
Street.
Appointments to the following Boards/Commissions:
Mechanical Board: Two 3-year terms through March 16, 2014 (Term of Hillard and Giese)
Applicants: Gary Hillard, 2826 Muscatine Street; and Tom Giese, 395 Villa Street. Motion by
Braig to receive and file the documents and appoint Gary Hillard and Tom Giese to the
Mechanical Board for 3-year terms through March 16, 2014. Seconded by Connors. Motion
carried 6-0.
Sister City Relationships Advisory Commission: One 3-year term through February 1, 2014
(Term of Miller). Applicants: Jill Connors, 720 Nevada Street; and Phyllis Lee, 520 S.
Grandview Avenue. Upon roll call vote, Jill Connors was appointed to the Sister City
Relationships Advisory Commission for a 3-year term through February 1, 2014.
Transit Advisory Board: One 3-year term through July 30, 2011 (Term of Croissant).
Applicant: R.R.S. Stewart, 460 Summit Street. Motion by Connors to receive and file the
documents and appoint R.R.S. Stewart to the Transit Advisory Board for a 3-year term through
July 30, 2011. Seconded by Lynch. Motion carried 6-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
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Sale of Property at 346 East 19 Street: Proof of publication on notice of public hearing to
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consider approval of the sale of property at 346 East 19 Street to Kevin L. and Becky M.
Lightfoot and City Manager recommending approval. Motion by Connors to receive and file the
documents and adopt Resolution No. 62-11 Approving the sale of real estate located at 346
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East 19 Street in the City of Dubuque, Iowa. Seconded by Braig. Motion carried 6-0.
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RESOLUTION NO. 62-11
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APPROVING THE SALE OF REAL ESTATE LOCATED AT 346 E. 19 STREET IN THE
CITY OF DUBUQUE
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Whereas, the City acquired the property at 346 E. 19 Street for the purpose of its
redevelopment for owner-occupied housing; and
Whereas, such purpose supports the Washington Neighborhood revitalization strategy as
approved by the City Council.
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:
North ½ of Lot 97, except the West 57’6” thereof, in East Dubuque, in the City of Dubuque,
Iowa, according to the recorded plat thereof at the cost of One dollar ($1.00).
Section 2. That the City be and is hereby authorized to provide a Special Warranty Deed to
the buyer, conveying the City’s interest to Kevin L. and Becky M. Lightfoot for the herein
described real estate.
Section 3.That the City Clerk be and she is hereby authorized and directed to cause said
Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together
with certified copy of the Resolution.
Section 4.That the City Clerk be and she is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
nd
Passed, approved and adopted this 22 day of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Request to Rezone – Bedrock Development, LLC / McFadden Family Partnership: Proof of
publication on notice of public hearing to consider a request from Bedrock Development, LLC /
McFadden Family Partnership to rezone property located on the south side of Pennsylvania
Avenue, east of Heacock Road, from R-3 Moderate Density Multi-Family Residential District to
AG Agricultural District and Zoning Advisory Commission recommending approval. 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 Lynch. Planning Services Manager Laura
Carstens provided a staff report. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 13-11 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying
hereinafter described property located on the south side of Pennsylvania Avenue, east of
Heacock Road, from R-3 Moderate Density Multi-Family Residential District to AG Agricultural
District. Seconded by Lynch. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 13-11
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED ON THE SOUTH SIDE OF PENNSYLVANIA AVENUE, EAST OF HEACOCK
ROAD FROM R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL TO AG
AGRICULTURAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, is hereby amended by reclassifying the hereinafter-described property from R-3
Moderate Density Multi-Family Residential District to AG Agricultural District, to wit:
Lot 1 of 1 NW ¼ NW ¼ Section 29 T89N R2E except the easterly 224 feet and the SW
¼ NW ¼ Section 29 T89N R2E, and to the centerline of the adjoining public right-of-
way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
nd
Passed, approved and adopted this 22 day of February, 2011.
/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 26 day of February, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Request to Rezone – 39 Bluff Street – Gary Carner, Franklin Investment LLC: Proof of
publication on notice of public hearing to consider a request from Gary Carner, Franklin
Investment LLC, to rezone property located at 39 Bluff Street from R-3 Moderate Density Multi-
Family Residential District to OR Office Residential District and Zoning Advisory Commission
recommending approval. 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 Resnick.
Planning Services Manager Laura Carstens provided a staff report. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 14-11 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 39 Bluff Street from R-3 Moderate
Density Multi-Family Residential District to OR Office Residential District. Seconded by
Resnick. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 14-11
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED AT 39 BLUFF STREET FROM R-3 MODERATE DENSITY MULTI-FAMILY
RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, is hereby amended by reclassifying the hereinafter-described property from R-3
Moderate Density Multi-Family Residential District to OR Office Residential District, to wit:
Lot 1 of 2 of 1 City Lot 600, Lot 2-2 City Lot 600, Lot 3, 4, 5 and 6 City Lot 600, City Lot
597A, City Lot 597, City Lot 596, Lot 2 of 2 City Lot 595, Lot 2 of 1 City Lot 595 and Lot
2-1-2 City Lot 600, and to the centerline of the adjoining public right-of-way, all in the
City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
15
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
nd
Passed, approved and adopted this 22 day of February, 2011.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 26 day of February, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Washington Neighborhood Conservation District Expansion: Proof of publication on notice
of public hearing to consider approval of an amendment to expand the Washington Street
Neighborhood Conservation District and Historic Preservation Commission recommending
approval.
City Manager recommending that the boundaries of the proposed Washington Street
Neighborhood Conservation District be modified.
Communication from Heartland Financial requesting that the property owned by Dubuque
Bank and Trust Company on White Street be exempted from the Washington Street
Conservation District.
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 Lynch. Planning Services
Manager Laura Carstens and Housing and Community Development Director David Harris
provided a slide presentation that reviewed the neighborhood’s revitalization and demolition
area. Carstens further explained the conservation district’s economic and social value and the
effect of the designation. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 15-11, including
the recommended modifications by the City Manager, Amending Title 16 of the City of
Dubuque Code of Ordinances, Unified Development Code, by amending Article 10-11-A-4
pertaining to expansion of the Washington Street Neighborhood Conservation District.
Seconded by Braig. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 15-11
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY AMENDING ARTICLE 10-11-A-4 PERTAINING TO
EXPANSION OF THE WASHINGTON STREET NEIGHBORHOOD CONSERVATION
DISTRICT
Whereas, the City of Dubuque established conservation districts to allow for the City’s
review of demolition permits that might impact buildings of historic or architectural significance;
and
Whereas, the City has adopted the Washington Neighborhood Strategic Plan; and
Whereas, expansion of the Washington Street Neighborhood Conservation District is an
implementation step of the Washington Neighborhood Strategic Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code,
Article 10-11-A-4 is hereby amended as follows:
10-11-A-4 Washington Street Neighborhood Conservation District
nd
Beginning at the intersection of E 22 Street and Kniest Street, thence southeasterly
along Kniest Street to its intersection with Garfield Avenue, thence southwesterly along
16
Garfield Avenue to its intersection with the City alley located between Elm Street and
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Kniest Street, thence southeasterly along the City alley to its intersection with E. 18
Street, thence southwesterly along E. 18th Street to its intersection with the City alley
located between the Iowa Chicago and Eastern Railroad right-of-way and Elm Street,
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thence southeasterly along the City alley to its intersection with E. 17 Street, thence
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northeasterly along E. 17 Street to its intersection with the Iowa Chicago and Eastern
Railroad right-of-way, thence southeasterly along the Iowa Chicago and Eastern
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Railroad right-of-way to its intersection with E. 16 Street, thence southwesterly along
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E. 16 Street to its intersection with Elm Street, thence southeasterly along Elm Street
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to its intersection with E. 15 Street, thence northeasterly along E. 15 Street to its
intersection with the City alley located between Elm Street and Pine Street, thence
southeasterly along the City alley located between Elm Street and Pine Street to its
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intersection with E. 14 Street, thence southwesterly along E. 14 Street to its
intersection with the City alley located between Elm Street and Pine Street, thence
southeasterly along the City alley located between Elm Street and Pine Street to its
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intersection with E. 12 Street, thence southwesterly along E. 12 Street to its
intersection with Elm Street, thence southeasterly along Elm Street to its intersection
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with E. 11 Street, thence southwesterly along E. 11 Street to its intersection with W.
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11th Street, thence southwesterly along W. 11 Street to its intersection with the City
alley located between Central Avenue and Iowa Street; thence northwesterly along the
City alley to its intersection with the City Hall access driveway, thence southwesterly
along the City Hall access driveway to its intersection with Iowa Street, thence
northwesterly along Iowa Street to its intersection with Loras Boulevard; thence
northeasterly along Loras Boulevard to its intersection with the City alley located
between Iowa Street and Central Avenue, thence northwesterly along the City alley to
thth
its intersection with W. 17 Street, thence northeasterly along W. 17 Street to its
intersection with Heeb Street; thence northwesterly along Heeb Street to its intersection
with the northern boundary of Parcel #10-24-252-018; thence northeasterly along the
northern boundary of Parcel #10-24-252-018 to its intersection with the west boundary
of Parcel #10-24-252-017; thence northwesterly along the west boundary of Parcel #10-
24-252-017 to its intersection with the south boundary of Parcel #10-24-252-015, thence
northeasterly along the south boundary of Parcel #10-24-252-015 to its intersection with
the west boundary of Parcel #10-24-252-013, thence northwesterly along the west
boundary of Parcel #10-24-252-013 to its intersection with Heeb Street, thence
northwesterly along Heeb Street to its intersection with Kaufmann Avenue, thence
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northeasterly along Kaufmann Avenue to its intersection with 22 Street thence
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northeasterly along 22 Street to its point of origin at the intersection of E. 22 Street
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and Kniest Street excluding the area beginning at the intersection of E 14 Street and
Jackson Street, thence southeasterly along Jackson Street to its intersection with E.
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13 Street, thence southwesterly along E. 13 Street to its intersection with White
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Street, thence northwesterly along White Street to its intersection with E. 14 Street,
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thence northeasterly along E. 14 Street to its point of origin at the intersection of E.
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14 Street and Jackson Street .
Section 2. This ordinance shall not apply to an application for a demolition permit for
properties being acquired and demolished for the Bee Branch Creek Restoration Project.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
nd
Passed, approved and adopted this 22 day of February, 2011.
/s/Roy D. Buol, Mayor
17
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 26 day of February, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Engine House #1 MT, LLC Lease: Proof of publication on notice of public hearing to
consider a proposed 40-year lease between the City of Dubuque and Engine House #1 MT,
LLC, a subsidiary of Dubuque Initiatives, for Engine House #1.
City Manager recommending that the City Council rescind the Public Hearing to enact a
lease between the City of Dubuque and Engine House #1 MT, LLC., a subsidiary of Dubuque
Initiatives, for the former Housing and Community Development Department offices.
Motion by Connors to receive and file the documents and adopt Resolution No. 63-11
Rescinding Resolution No. 39-11 to hold a public hearing regarding a lease with Engine House
#1 MT, LLC. Seconded by Braig. Motion carried 6-0.
RESOLUTION NO. 63-11
RESCINDING RESOLUTION NO. 39-11 TO HOLD A PUBLIC HEARING REGARDING A
LEASE WITH ENGINE HOUSE #1 MT, LLC
Whereas, the Dubuque City Council approved Resolution No. 39-11 which called for a
public hearing on a lease with Engine House #1 MT, LLC; and
Whereas, additional changes are needed to the lease which will require a separate public
hearing; and
Whereas, the previous resolution must be rescinded to cancel the public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this resolution is approved to rescind Resolution No. 39-11 to cancel the
public hearing on a lease with Engine House #1 MT, LLC.
Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of
the City of Dubuque, Iowa, this resolution.
nd
Passed, approved and adopted this 22 day of February, 2011.
Roy D. Buol, Mayor
Attest Jeanne F. Schneider, City Clerk
ACTION ITEMS
Every Child / Every Promise: City Manager recommending approval of the $25,000 request
from Every Child / Every Promise to disperse already budgeted funds to help implement the
First Years First Initiative, the child care mapping and information system, and the Leader in
Me Program. Motion by Braig to receive and file the documents and approve the
recommendation. Seconded by Jones. Motion carried 6-0.
International Union of Operating Engineers – Collective Bargaining Agreement: City
Manager recommending approval of the collective bargaining agreement between the City of
Dubuque and the International Union of Operating Engineers for Fiscal Years 2012, 2013 and
2014. Motion by Jones to receive and file the documents and adopt Resolution No. 64-11
Approving the agreement between the City of Dubuque, Iowa and the International Union of
Operating Engineers and authorizing the Mayor to sign the agreement. Seconded by Braig.
Motion carried 6-0.
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RESOLUTION NO. 64-11
APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #234, AND
AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT
Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act,
Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is a public employer within the meaning of Section 3 (1) of
the Public Employment Relations Act; and
Whereas, the International Union of Operating Engineers, Local #234, is an employee
organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and
Whereas, the International Union of Operating Engineers, Local #234, submitted a request
to bargain collectively on behalf of the employees within its representation; and
Whereas, bargaining between the parties has occurred and an agreement has been
concluded.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the terms of the agreement be approved and the Mayor authorized and
directed to sign the collective bargaining agreement.
nd
Passed, approved and adopted this 22 day of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Wage Plan and Compensation Package for Non-Bargaining Unit Employees: City Manager
recommending approval of the Wage Plan and Compensation Package for non-bargaining unit
employees for Fiscal Years 2012, 2013 and 2014. Motion by Connors to receive and file the
documents and adopt Resolution No. 65-11 Approving Wage Plan and Compensation
Package for non-bargaining unit employees for Fiscal Years 2012, 2013 and 2014. Seconded
by Braig. Responding to questions from City Council, Van Milligen stated that the old sick
leave payout plan will be discontinued and employees with less than 20 years of service would
be eliminated from the new plan. Motion carried 6-0.
RESOLUTION NO. 65-11
APPROVING THE COMPENSATION PACKAGE FOR NON-BARGAINING UNIT
EMPLOYEES FOR FISCAL YEARS 2012, 2013 AND 2014
Whereas, the City Manager has recommended the compensation package for Non-
bargaining Unit Employees for Fiscal Years 2012, 2013 and 2014;
Whereas, the City Council provides a compensation package to Non-bargaining Unit
employees similar to the compensation package to be received by Bargaining Unit employees;
and
Whereas, the recommended compensation package for Non-bargaining Unit employees is
consistent with the compensation package to be received by employees represented by the
Teamsters Local Union No. 120 and the Dubuque Professional Firefighters Association, Local
#353.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the compensation package for Non-bargaining Unit employees for Fiscal
nd
Years 2012, 2013 and 2014 is hereby passed, approved and adopted this 22 day of
February, 2011.
19
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Safe Community Task Force Recommendations Implementation – Boarded-Up Windows
and Doors Ordinance: City Manager recommending adoption of a Boarded-Up Openings
Ordinance that establishes requirements for the exterior security and appearance of buildings.
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 Braig. The City Manager
clarified that the ordinance grandfathers existing properties and applies to future properties.
Planning Services Manager explained the discussion behind the evolution of the ordinance
and how it applies to and affects commercial and residential structures. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 16-11 Amending the
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building
Codes, Article A Building Code and Regulations by adopting a new Section 14-1A-5 Exterior
Security and Appearance of Buildings, Establishing Requirements for the Exterior Security and
Appearance of Buildings. Seconded by Braig. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 16-11
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND
REGULATIONS BY ADOPTING A NEW SECTION 14-1A-5 EXTERIOR SECURITY AND
APPEARANCE OF BUILDINGS, ESTABLISHING REQUIREMENTS FOR THE EXTERIOR
SECURITY AND APPEARANCE OF BUILDINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 14, Chapter 1, Article A of the City of Dubuque Code of Ordinances is
amended by adding thereto the following provision:
Sec. 14-1A-5. Exterior Security and Appearance of Buildings:
1. Application. The requirements of this Section shall apply to any windows or
doors boarded up after March 1, 2011.
2. No building openings, except basement windows, in a building with any lot
frontage on a public street may be boarded or covered in whole or in part. Doors
and windows located on a facade of a building with lot frontage on a public street
must be properly maintained, painted, and trimmed in the same manner as if the
building was occupied. All other unsecured exterior building openings must be
secured with three-eighths inch (3/8”) plywood and nailed every eight inches (8”)
with #6 box nails.
On the first floor of any such building, the plywood must be cut to fit the
opening and must not be pieced. On the second floor or above, the plywood may
be pieced provided it is adequately supported behind the seam. Building
openings must be covered from the outside and the plywood painted to blend in
with the remaining exterior color of the building.
3. Exception.
Temporary Boarding. Windows and doors may be boarded temporarily only if
a permit has been obtained from the city manager or city manager’s designee for
the temporarily boarded windows and doors. A temporary permit may be issued
upon submission of a satisfactory plan to the city manager or city manager’s
20
designee which outlines bringing the windows and doors into compliance with
this Section. Temporary for purposes of this Section means less than ninety (90)
days. One extension of thirty (30) days may be granted by the city manager or
city manager’s designee. Further extensions may be granted at the discretion of
the city manager.
4. Appeal Rights.
a. A property owner aggrieved or adversely affected by a decision of
the city manager’s designee under this Section may apply to the city
manager for review of such decision by filing a written notice of appeal
with the city manager within thirty (30) days of the date of the decision
appealed from. The notice of appeal must include the following:
1. Name and address of person appealing (appellant).
2. A brief statement in ordinary and concise language of the
decision appealed from, together with any material facts claimed to
support the contentions of the appellant.
3. A brief statement in ordinary and concise language of the relief
sought, and the reasons why it is claimed the protested decision
appealed from should be reversed or modified.
4. The signatures of all parties named as persons appealing and
their official mailing address.
b. The city manager shall review the decision appealed from and any
information provided by the appellant and issue a written decision within
thirty (30) days of receipt of the notice of appeal. The decision shall be
mailed to the appellant. The city manager may affirm, reverse, or modify
the decision of the city manager’s designee.
5. Inventory and Review. An inventory of buildings with boarded up windows and
doors shall be completed by December 31, 2010 and maintained by the city
manager. The inventory shall be updated every twenty-four (24) months and
provided for review to the city council.
6. Historic Preservation Requirements. None of the provisions of this Section shall
be interpreted to reduce or modify the requirements for review and approval by the
Historic Preservation Commission required under the Code of Ordinances for
properties located within a Historic Preservation or Conservation District.
Section 2. This Ordinance shall take effect on publication.
nd
Passed, approved and adopted this 22 day of February, 2011.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 26 day of February, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
2011 Federal Legislative Priorities: City Manager recommending approval of the Fiscal Year
2011 Federal Legislative Priorities. Motion by Connors to receive and file the documents and
approve the recommendation. Seconded by Resnick. Motion carried 6-0.
Sister City Relationships Advisory Commission: Appointment of a City Council
representative to the Sister City Relationships Advisory Commission. Motion by Lynch to
receive and file the documents and appoint Connors as the representative. Seconded by
Connors. Motion carried 6-0.
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Fourth Ward Vacancy: City Attorney transmitting information regarding the filling of the
vacancy in the office of Fourth Ward City Council Member. Motion by Lynch to receive and file
the documents and adopt Resolution No. 66-11 Resolution of Intent to fill a vacancy in the
office of Fourth Ward City Council Member by appointment. Seconded by Braig. Motion carried
6-0.
RESOLUTION NO. 66-11
INTENT TO FILL A VACANCY IN THE OFFICE OF FOURTH WARD CITY COUNCIL
MEMBER BY APPOINTMENT
Whereas, there is a vacancy in the Office of City Council Member for the Fourth Ward; and
Whereas, Iowa Code § 372-13(2)(a) allows the vacancy to be filled by appointment by the
remaining members of the Council for the period until the next pending election; and
Whereas, the Council must publish notice in the manner prescribed by Iowa Code § 362.3,
stating that the Council intends to fill the vacancy by appointment but that the electors of the
ward have the right to file a petition requiring that the vacancy be filled by a special election;
and
Whereas, the Council has elected to fill the vacancy in the Office of City Council Member for
the Fourth Ward by appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA
AS FOLLOWS:
1. The City Council hereby elects to fill the vacancy in the Office of City Council Member for
the Fourth Ward by appointment following the publication of the required notice.
2. The City Clerk is directed to publish the attached notice in the manner prescribed by Iowa
Code § 362.3.
nd
Passed, approved and adopted this 22 day of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Following discussion, City Council reached consensus on the process of accepting letters of
interest/resumes from residents of the Fourth Ward through the City Clerk’s Office by 5:00 p.m.
on Monday, March 7 with interviews scheduled for a special session on Saturday, March 12 at
10:00 a.m. in the Historic Federal Building. Appointment will be made at the March 21, 2011
regular meeting.
CLOSED SESSION
Motion by Jones to go into closed session regarding pending litigation and property
acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Braig. Motion carried
6-0.
Upon motion the City Council reconvened in open session at 8:14 p.m. stating that staff had
been given proper direction.
There being no further business upon motion the City Council adjourned at 8:15 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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