4 18 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 April 18, 2011 in the
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Historic Federal Building, 350 W. 6 Street.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton, 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 Sr. Jennifer Rausch, Sisters of the Presentation.
PROCLAMATIONS
The Month/Week of the Young Child (April 10 – 16, 2011) was accepted by Joanne Wurtz,
Chairperson of the Dubuque County Empowerment Board, 2728 Asbury Road; and Ann
Willenbring, Director of the Resurrection Child Care Center, 4300 Asbury Road; Community
Development Block Grant Week (April 25 – 30, 2011)
PRESENTATION
Main Street Iowa Awards were presented by Dubuque Main Street Executive Director Dan
LoBianco.
CONSENT ITEMS
Motion by Jones to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Resnick. Connors requested (#1) Minutes and Reports be held for
separate discussion. Jones requested (#3) Citizen Communications be held for separate
discussion. Braig requested (#15) Amendment to Collective Bargaining Agreement – Bus
Operators be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 2/22; City
Council of 4/4; Electrical Code Board of 3/21; Environmental Stewardship Advisory
Commission of 4/5; Park and Recreation Commission of 3/8; Sister City Relationships
Advisory Commission of 4/6; Zoning Advisory Commission of 4/6
Proof of publication of City Council Proceedings of March 21, 2011
Motion by Connors to receive and file the documents. Seconded by Jones. Connors
addressed the minutes from the Environmental Stewardship Advisory Commission relating to a
car washing policy and asked for a written response from staff about alternatives for
organizations in terms of location and products used for these types of events. Van Milligen
stated he will have staff research it and return a report to Council. Motion carried 7-0.
Notice of Claims/Suits: William Peck for property damage; J. Thomas Zaber for property
damage; Randy and Tina Miller for property damage; State Farm Insurance for William and
Rebecca Carr; Joyce M. Terris for property damage; Lois Weinschenk 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: Rachel Chavez for
vehicle damage; J. Thomas Zaber for property damage; William Peck for property damage.
Upon motion the documents were received, filed and concurred.
Citizen Communications: Communication from Rachel K. Daack, 800 Laurel Street, in
opposition to the proposed extension of sewer lines on Laurel Street.
Communication from Paula Kaufman regarding the pollution problem in Dubuque.
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Communication from Gary R. Kircher, 312 East 22 Street, regarding the Veterans’
Memorial Plaza on Chaplain Schmitt Island.
Communication from Steven A. Krieg, 1576 Bies Drive, regarding a water main extension
and water runoff on Bies Drive.
Motion by Jones to receive and file the documents and refer to the City Manager. Seconded
by Braig. Jones spoke in support of the communication from Gary Kircher regarding additional
directional and memorial signage for the Veterans’ Memorial Plaza. Motion carried 7-0.
Public Transit Infrastructure Grant (PTIG) Program: City Manager recommending approval
of the submittal of a grant application under the Public Transit Infrastructure grant (PTIG)
Program to secure State funding for facility improvements at The Jule. Upon motion the
documents were received, filed, and approved.
Federal Emergency Management Agency (FEMA): Communication from Richard Leonard,
FEMA, advising that the City’s PAL designation will expire on May 17, 2011 and that all
necessary documentation required demonstrating that the Dubuque Local Flood Protection
Project Levee is in full compliance with Code of Federal Regulations needs to be submitted by
that date. Upon motion the document was received, filed and referred to the City Manager.
U.S. Department of Housing and Urban Development: Communication from Betty J.
Bottiger, Office of Fair Housing and Equal Opportunity, advising that the U.S. Department of
Housing and Urban Development (HUD) plans to conduct a limited civil rights compliance
review of the City’s HUD funded programs. Upon motion the document was received, filed and
referred to the City Manager.
Purchase of Property – 2109 Kniest Street: City Manager recommending approval of the
purchase of property at 2109 Kniest Street as part of the acquisition program for the Bee
Branch Creek Restoration Project. Upon motion the documents were received and filed and
Resolution No. 126-11 Approving the acquisition of real estate owned by Glenn Casey in the
City of Dubuque was adopted.
RESOLUTION NO. 126-11
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY GLENN CASEY 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
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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 2-1-11 L. Kniest’s Subdivision of part of Mineral Lot 314, in the City of
Dubuque, Dubuque County, Iowa, at the cost of Thirty Eight Thousand and 00/100 Dollars
($38,000.00).
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 adoptedthis 18 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
US 61/151 Corridor Project – Iowa DOT Agreement: City Manager recommending approval
of an Iowa Department of Transportation Agreement for Urban-State Traffic Engineering
Program (U-STEP) as it relates to the US 61/151 Corridor Project and the installation of traffic
signals and pavement widening at the intersections of Maquoketa Drive, Twin Valley Drive and
US 52. Upon motion the documents were received and filed and Resolution No. 127-11
Approving the Iowa Department of Transportation Agreement for an Urban-State Traffic
Engineering Program (U-Step) Project (Agreement No. 06-11-Ustep-03) between the Iowa
Department of Transportation and the City of Dubuque for the US 61/151 Corridor Project was
adopted.
RESOLUTION NO. 127-11
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR A
URBAN-STATE TRAFFIC ENGINEERING PROGRAM (U-STEP) PROJECT (AGREEMENT
NO. 06-11-USTEP-03) BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION AND
THE CITY OF DUBUQUE FOR THE US 61/151 CORRIDOR PROJECT
Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of
Iowa DOT Urban-State Traffic Engineering Program (U-STEP) funds for the US 61/151
Corridor Project; and
Whereas, the US 61/151 Corridor Project will provide for the following improvements: New
traffic signalizations on US 61/151 at the intersections of Maquoketa Drive, Twin Valley Drive,
and US 52; and the widening and HMA resurfacing on US 61/151 and at each intersection;
and
Whereas, the Iowa DOT Urban-State Traffic Engineering Program (U-STEP) funds will be
eligible to complete said improvements to the US 61/151 Corridor 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 Urban-State Traffic Engineering Program (U-
STEP) (Agreement 6-11-USTEP-03) between the City of Dubuque and the Iowa Department of
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Transportation be approved for the pavement widening for turn lanes on US 61/151 at
Maquoketa Drive, Twin Valley Drive, and US 52, and the new traffic signal installations and
signal interconnect between intersections.
Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT
Agreement for Urban-State Traffic Engineering Program (U-STEP) Project (Agreement 6-11-
USTEP-03) for the US 61/151 Corridor Project in Dubuque.
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Passed, approved and adopted this 18 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
PTC LLC – 1800 Elm Street: City Manager recommending approval of Irrevocable Licenses
for PTC LLC to keep and maintain the existing encroachments of the loading dock, gas meter
and protective pillars in the public right-of-way of Pine Street behind the Eagle Country Market
on 1800 Elm Street. Upon motion the documents were received, filed, and approved.
Carnegie-Stout Public Library Renovation Project – Contract No. 12: City Manager
recommending acceptance of the Carnegie-Stout Public Library Renovation Project – Contract
No. 12 as completed by Westphal & Co., Inc., in the amount of $1,142,863.37. Upon motion
the documents were received and filed and Resolution No. 128-11 Accepting the Carnegie-
Stout Public Library Renovation Project – Contract No. 12 and authorizing payment of the
contract amount to the contractor was adopted.
RESOLUTION NO. 128-11
ACCEPTING THE CARNEGIE-STOUT PUBLIC LIBRARY RENOVATION PROJECT,
CONTRACT NO. 12 – ELECTRICAL SYSTEMS AND AUTHORIZING THE PAYMENT OF
THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Carnegie-Stout Public Library
Renovation Project, Contract No. 12 – 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 General
Obligation Bonds (TIF Abated), Library Renovation General Funds, Library Fund-Raising (cash
and pledges), Curtis Collection Sale, and Heade Painting Sale appropriations for the contract
amount of $1,142,863.37 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 18 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE CARNEGIE-STOUT
PUBLIC LIBRARY RENOVATION PROJECT, CONTRACT NO. 12 – ELECTRICAL
SYSTEMS
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Carnegie-Stout Public Library Renovation Project, Contract No. 12 – 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 $1,142,863.37.
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Dated this 18 day of April, 2011.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 18 day of April, 2011.
Kevin S. Firnstahl, Assistant City Clerk
Environmental Covenant – Former Dubuque Hardwoods Site: City Manager recommending
approval of an Environmental Covenant on Lot 2 Riverwalk Ninth Addition (former Dubuque
Hardwoods site) in the Port of Dubuque to prohibit drinking water wells on the property. Upon
motion the documents were received and filed and Resolution No. 129-11 Approving an
Environmental Covenant on Lot 2 of Riverwalk Ninth Addition in the Port of Dubuque was
adopted.
RESOLUTION NO. 129-11
RESOLUTION APPROVING AN ENVIRONMENTAL COVENANT ON LOT 2 OF
RIVERWALK NINTH ADDITION IN THE PORT OF DUBUQUE.
Whereas, property in the Port of Dubuque had a Leaking Underground Storage Tank; and
Whereas, recent reports show the environmental contamination is at a level that does not
require additional monitoring; and
Whereas, the Iowa Department of Natural Resources requires an environmental covenant
be placed on the property to prohibit drinking water wells on the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Environmental Covenant for Lot 2 of Riverwalk Ninth Addition is hereby
approved.
Section 2. That the Mayor is hereby authorized and directed to execute said Covenant on
behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his
signature.
Section 3. That the City Clerk is to record the Covenant at the Dubuque County Recorder’s
Office.
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Passed, approved and adopted this 18 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
State of Iowa Financial Assistance Application for Flexsteel Industries, Inc.: City Manager
recommending approval of a Financial Assistance application to the Iowa Department of
Economic Development on behalf of Flexsteel Industries, Inc., with a commitment of local
matching funds, which are included in the Development Agreement that is a separate agenda
item. Upon motion the documents were received and filed and Resolution No. 130-11
Authorizing the filing of an application for State Financial Assistance on behalf of Flexsteel
Industries, Inc., was adopted.
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RESOLUTION NO. 130-11
AUTHORIZING THE FILING OF AN APPLICATION FOR STATE FINANCIAL ASSISTANCE
ON BEHALF OF FLEXSTEEL INDUSTRIES, INC.
Whereas, Flexsteel Industries, Inc., has proposed the relocation and expansion of its
corporate offices in Dubuque, Iowa; and
Whereas, the City Council of Dubuque, Iowa, has considered said proposal and has
determined that the proposed project will contribute to the local economy through the retention
of 101 jobs and the creation of 10 additional jobs; and
Whereas, the Iowa Department of Economic Development's Financial Assistance Program
was designed to assist in the economic development efforts of local jurisdictions; and
Whereas, the City of Dubuque, Iowa, is eligible to apply for funding from the Iowa
Department of Economic Development Department’s Financial Assistance Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an application for participation in the Iowa Department of
Economic Development’s Financial Assistance Program on behalf of Flexsteel Industries, Inc.,
is hereby approved.
Section 2. That the local match identified in the application estimated at $1,705,831
consisting of TIF funding and a land discount was approved in the Development Agreement to
develop the property in the Port of Dubuque.
Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby
directed to submit said application to the Iowa Department of Economic Development together
with such documents as may be required.
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Passed, approved, and adopted this 18 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Golden Silo Award: Press release advising that the Mines of Spain has received a Golden
Silo Award for Outstanding Partner from the Silos and Smoke Stacks National Heritage Area
for showing support and partnering with SSNHA on numerous occasions to create awareness
for the Heritage Area. Upon motion the document was received and filed.
Amendment to Collective Bargaining Agreement – Teamsters Local No. 120: City Manager
recommending approval of an amendment to the Collective Bargaining Agreement between
the Teamsters Local No. 120 and the City of Dubuque to provide for a work week that consists
of ten hours per day and four days per week for the Airport Maintenanceworkers and Airport
Mechanic. Upon motion the documents were received, filed, and approved.
Amendment to Collective Bargaining Agreement – Bus Operators: City Manager
recommending approval of an amendment to the Collective Bargaining Agreement between
the Teamsters Local No. 120 (Bus Operators) and the City to permit part-time employees to
work 1,664 or more hours in fiscal Year 2011. Motion by Braig to receive and file the
documents and approve the recommendation. Seconded by Resnick. Braig questioned why
part-time bus operator hours will increase to just 416 hours less than full-time operators. Van
Milligen stated that the increase in hours is an annual cap and only for this fiscal year. Motion
carried 7-0.
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Fifth Street Parking Ramp Re-Lighting: City Manager transmitting information regarding the
retro fitting of the lighting in the Fifth Street Parking Ramp. Upon motion the documents were
received and filed.
2011 – 2012 Deer Management Plan: City Manager recommending approval of the 2011 –
2012 Deer Management Plan. Upon motion the documents were received, filed, and approved.
Julien’s Journal: Copy of March 2011 article in Julien’s Journal featuring Assistant City
Manager Cindy Steinhauser. Upon motion the document was received and filed.
Metropolitan Coalition Grant Application: City Manager recommending support of the
submittal of a grant to the Iowa Office of Energy Independence, in partnership with seven
communities who are members of the Metropolitan Coalition, the largest cities in the State of
Iowa. Upon motion the documents were received, filed, and approved.
Purchase of Property – 2263 Elm Street: City Manager recommending approval of the
purchase of property at 2263 Elm Street 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. 131-11 Approving the acquisition of real estate owned by Robert D. and
Livija Klauer in the City of Dubuque was adopted.
RESOLUTION NO. 131-11
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ROBERT D. KLAUER
AND LIVIJA KLAUER 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: Lot 1-1-1-3-103 L H Langworthy’s Add, in the City of Dubuque, Dubuque
County, Iowa, at the cost of Forty Seven Thousand and 00/100 Dollars ($47,000.00).
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 adoptedthis 18 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Historic Preservation Commission: Communication from Peggy Stover submitting her
resignation from the Historic Preservation Commission. Upon motion the document was
received and filed and the resignation accepted.
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Human Rights Commission: Communication from Lori Apel submitting her resignation from
the Human Rights Commission. Upon motion the document was received and filed and the
resignation accepted.
Audit Services Recommendation: City Manager recommending approval of the selection of
Eide Bailly, LLP to provide audit services for the City of Dubuque for a five-year period. Upon
motion the documents were received, filed, and approved.
Alcohol Compliance – Civil Penalty for Alcohol License Holder: City Manager recommending
acceptance of the Acknowledgement/Settlement Agreement for Cookin’ Something Up for their
first offense alcohol compliance violation. Upon motion the documents were received, filed,
and approved.
Signed Contracts: Water Pollution Control Plant Modifications Project – MWH America’s,
Inc., Budget Increase Request. Upon motion the documents were received and filed.
Liquor License and Cigarette Permit Applications: City Manager recommending approval of
annual liquor license and cigarette permit renewals as submitted. Upon motion the documents
were received and filed and Resolution No. 132-11 Granting the issuance of a new cigarette
permit to Let’s Roll Tobacco I. A.; Resolution No. 133-11 Granting the issuance of a Class “B”
Beer Permit to Catfish Festival and McAleece Park/Recreation Complex; and Resolution No.
134-11 Granting the issuance of a Class “A” Liquor License to Dubuque Golf and Country Club
and Dubuque Lodge #355; Class “C” Beer/Liquor License to Lot One, Catfish Charlie’s, The
Lift and Monk’s Kaffee Pub; and a Class “WBN” Native Wine License to Dubuque Arboretum
Association were adopted.
RESOLUTION NO. 132-11
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and
Cigarette Papers within said City.
NEW
Let’s Roll Tobacco Let’s Roll Tobacco I.A. 3430 Dodge Street
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Passed, approved and adopted this 18 day of April, 2011
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 133-11
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.
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CLASS “B” BEER PERMIT
Dubuque Catfish Festival Catfish Festival +(Sunday Sale) A.Y. McDonald Park
City of Dubuque McAleece Park/Rec. Complex 1801 Admiral Sheehy Dr.
+(Sunday Sale)
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Passed, approved and adopted this 18 day of April, 2011
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 134-11
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 “A” LIQUOR
Dubuque Golf & Country Club DBQ Golf & Country Club 1800 Randall Place
+(Sunday/Outdoor Sale)
Dubuque Moose Lodge # 355 Dubuque Lodge # 355 +(Sunday Sale) 2635 Windsor Ave.
CLASS “C” BEER/LIQUOR LICENSE
Lot One, LLC Lot One +(Sunday Sale) 100 Main Street
Catfish Charlie’s Catfish Charlie’s+(Sunday/Outdoor Sale) 1630 E. 16 th Street
Rick Worcester The Lift +(Sunday Sale) 180 Main Street
Rich Worcester Monks Kaffee Pub +(Sunday Sale) 373 Bluff Street
CLASS “WBN” NATIVE WINE LICENSE
Dubuque Arboretum Assoc. Dubuque Arboretum Association 3800 Arboretum Dr.
Passed, approved and adopted this 18th day of April, 2011
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Mayor Buol acknowledged the International City Manager’s Association Fellows in
attendance, Mr. Ou Jianping and Mr. Guo Jiankui, who were visiting from China.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Connors 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 Lynch. Motion carried 7-0.
Proceedings for Reallocation of General Obligation Bonds Series 2009A and Series 2010A:
City Manager recommending that a public hearing be set for May 2, 2011 to consider the
reallocation of General Obligation Bonds Series 2009A and Series 2010A. Upon motion the
documents were received and filed and Resolution No. 135-11 Fixing date for a meeting on the
proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series
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2009A (Taxable Build America Bonds), and General Obligation Bonds, Series 2010A Bonds,
and providing for publication of notice thereof was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on May 2, 2011 in the Historic Federal Building.
RESOLUTION NO. 135-11
RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE
CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES
2009A (TAXABLE BUILD AMERICA BONDS), AND THE GENERAL OBLIGATION BONDS,
SERIES 2010A, OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
Whereas, pursuant to hearings duly held under Iowa Code Section 384.25 and a resolution
approved on October 19, 2009, the City Council of the City of Dubuque, Iowa has previously
issued its General Obligation Bonds, Series 2009A (Taxable Build America Bonds), in the
aggregate principal amount of $2,935,000 (the "Series 2009A Bonds"), for the purpose, among
other things, of defraying all or a portion of the costs of the acquisition of sewer pipeline
inspection equipment; the inspection and certification of the flood control levee system; the
construction and installation of storm water management facilities, including the Bee Branch
Creek Restoration Project, and the reconstruction of storm sewers; the acquisition and
replacement of street lights; the acquisition and installation of fiber optic conduit in connection
with street improvements and watermain extensions; the repair and improvement of the
Dubuque Regional Airport, including hanger heater and terminal boiler replacements, runway
and hanger painting, hanger repairs and replacements and parking area paving; the
acquisition and replacement of Fire Department ladder and pumper trucks and ambulances;
and water utility improvements including the construction and installation of watermain
extensions, ADA improvements, back-up power supply and water consumption studies and
engineering; and
Whereas, pursuant to a hearing duly held under Iowa Code Section 384.25 and a resolution
approved on August 16, 2010, the City Council of the City of Dubuque, Iowa has previously
issued its General Obligation Bonds, Series 2010A, in the aggregate principal amount of
$4,470,000 (the "Series 2010A Bonds"), for the purpose, among other things, of defraying all
or a portion of the costs improvements and extensions to the municipal sanitary sewer and
storm water drainage systems; equipping the sanitation and road departments; improving the
City airport grounds and facilities; the acquisition of land and other costs associated with the
Bee Branch storm water project; rehabilitation and improvement of City parks; construction,
reconstruction and repair of sidewalks; improvement and installation of street lighting fixtures,
connections and facilities; street improvements, including installation of fiber optic conduit; and
refunding and refinancing of certain outstanding indebtedness of the City, including the
General Obligation Bonds, Series 2002B, dated March 1, 2002; and
Whereas, certain proceeds of the Series 2009A Bonds and the Series 2010A Bonds remain
unspent, and the City Manager has recommended that not to exceed $121,000 of such
unspent proceeds (the "Unspent Proceeds") be applied for the purpose of funding the local
match for the purchase of transit buses (from the Series 2009 Bonds) and costs associated
with snow and ice control activities and improvements (from the Series 2010A Bonds)
(together, the "Projects"); and
Whereas, there being no procedure specified under Iowa law for consideration or approval
of such a reallocation, it is hereby determined, pursuant to Section 364.6 of the Code of Iowa,
that the procedure set forth in Section 384.25 of the Code of Iowa should apply to such
proposal, and that a hearing be held upon the proposal to reallocate the Unspent Proceeds to
provide funds for the Projects.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street,
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Dubuque, Iowa, at 6:30 o'clock P.M., on the 2 day of May, 2011, for the purpose of taking
action on the matter of the proposed reallocation of the Unspent Proceeds of the Series 2009A
Bonds and the Series 2010A Bonds to provide funds to defray all or a portion of the costs of
the Projects.
Section 2. That the City Clerk is hereby directed to cause one publication to be made of
notice of said meeting, in a legal 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 clear days nor more than twenty days before the date of said public meeting.
Section 3. The notice of the proposed action shall be in substantially the [provided] form:
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Passed and approved this 18 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project: City Manager recommending
initiation of the bidding process for the 2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project
and further recommends that a public hearing be set for May 2, 2011. Upon motion the
documents were received and filed and Resolution No. 136-11 Preliminary approval of plans,
specifications, form of contract, and estimated cost; setting date of public hearing on plans,
specifications, form of contract, and estimated cost; and ordering the advertisement for bids for
the 2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on May 2, 2011 in the Historic Federal
Building.
RESOLUTION NO. 136-11
2011 SEWER CURED-IN-PLACE PIPE (CIPP) LINING PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the 2011 Sewer
Cured-in-Place Pipe (CIPP) Lining Project, in the estimated amount $135,974.85, 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 2 day of May, 2011, at 6:30 p.m. in the Historic
Federal Building Council Chambers at which time interested persons may appear and be
heard for or against the proposed plans and specifications, form of contract and estimated cost
of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or estimated
cost of the Project.
The 2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project is hereby ordered to be
advertised for bids for construction.
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The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
published not less than four but not more than forty-five days before the date for filing bids
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before 2:00 p.m. on the 5 day of May, 2011. Bids shall be opened and read by the City Clerk
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at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 16
day of May, 2011, in the Historic Federal Building Council Chambers (second floor), 350 West
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6 Street, Dubuque, Iowa.
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Passed, adopted and approved this 18 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Engine House #1 LLC – Development Agreement: City Manager recommending that a
public hearing be set for June 6, 2011 to consider a development agreement between the City
of Dubuque and Engine House #1, LLC., a subsidiary of Dubuque Initiatives, to sell and
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rehabilitate the Engine House #1 building (18 Street), which formerly housed the Housing
Department offices. Upon motion the documents were received and filed and Resolution No.
137-11 (1) Approving the minimum requirements, competitive criteria, and offering procedures
for the development of certain real property and improvements in the proposed expansion area
of the Greater Downtown Urban Renewal District; (2) Determining that the Development
Agreement submitted by Engine House #1, LLC satisfies the offering requirements with
respect to the real property and improvements and declaring the intent of the City Council to
approve the Development Agreement with Engine House #1, LLC in the event that no
competing proposals are submitted; and (3) Soliciting competing proposals was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on June 6, 2011 in the
Historic Federal Building.
OFFICIAL NOTICE
RESOLUTION NO. 137-11
RESOLUTION (1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE
CRITERIA, AND OFFERING PROCEDURES FOR THE DEVELOPMENT OF CERTAIN
REAL PROPERTY AND IMPROVEMENTS IN THE PROPOSED EXPANSION AREA OF
THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT; (2) DETERMINING THAT
THE DEVELOPMENT AGREEMENT SUBMITTED BY ENGINE HOUSE #1, LLC SATISFIES
THE OFFERING REQUIREMENTS WITH RESPECT TO THE REAL PROPERTY AND
IMPROVEMENTS AND DECLARING THE INTENT OF THE CITY COUNCIL TO APPROVE
THE DEVELOPMENT AGREEMENT WITH ENGINE HOUSE #1, LLC IN THE EVENT THAT
NO COMPETING PROPOSALS ARE SUBMITTED; AND (3) SOLICITING COMPETING
PROPOSALS
.
Whereas, the City Council of Dubuque, Iowa, is scheduled on May 2, 2011 to consider
approval of an Amended and Restated Urban Renewal Plan (the “Plan”) for the Greater
Downtown Urban Renewal District (“the District”) described therein; and
Whereas, the proposed Plan provides, among other things, for the disposition of properties
for private development purposes as a proposed economic development action; and
Whereas, Engine House #1, LLC (“Developer”) has submitted to the City a Development
Agreement with a proposal for the purchase of certain real property and improvements
hereinafter described and owned by the City of Dubuque, and for the renovation and
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rehabilitation of the building located on such property as described therein (the “Development
Agreement”), together with the request that this property be made available for purchase as
rapidly as possible; and
Whereas, the real estate and building proposed to be purchased and developed is located
on Lot 1 of Engine House No. 1 Subdivision in the City of Dubuque, Dubuque County, Iowa
(the “Property”), according to the recorded Plat thereof, subject to easements and restrictions
of record as shown on Exhibit B attached to the Development Agreement and attached
hereto; and
Whereas, the Developer has tendered the Development Agreement with the City, and the
same is on file in the City Clerk’s office; and
Whereas, the Property is located within an area that is proposed in the Plan to be included
in the District; and
Whereas, the City Council therefore has determined to establish reasonably competitive
bidding procedures for the disposition of the Property, in accordance with those prescribed in
Iowa Code Chapter 403, specifically, Section 403.8, and to assure that the City extends a full
and fair opportunity to all developers interested in submitting a proposal, a summary of
submission requirements and minimum requirements and competitive criteria for the property
offering is included herein; and
Whereas, to recognize both the firm proposal for renovation of the Property, as described
above, and to give full and fair opportunity to other developers interested in submitting a
proposal for the use of the Property, this Council should by this Resolution:
1) Set the fair market value of the real property for uses in accordance with the
Development Agreement;
2) Approve the minimum requirements and competitive criteria included herein;
3) Approve as to form the Development Agreement on file in the City Clerk’s office;
4) Set a date for receipt of competing proposals and the opening thereof;
5) Declare that the proposal submitted by Developer satisfies the minimum
requirements of the offering, and that in the event no other qualified proposal is
timely submitted, that the City Council intends to approve such proposal and
authorize the City Manager to sign the Development Agreement; and direct
publication of notice of said intent;
6) Approve and direct publication of a notice to advise any other person of the
opportunity to compete for purchase of the Property and improvements on the terms
and conditions set forth herein; and
7) Declare that in the event another qualified proposal is timely submitted and
accepted, another and future notice will be published on the intent of the City to
enter into the resulting contract, as required by law; and
Whereas, the City Council believes it is in the best interest of the City to act as expeditiously
as possible to sell the Property as set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real property and building located on Lot 1 of Engine House No. 1
Subdivision in the City of Dubuque, Dubuque County, Iowa, according to the recorded Plat
thereof, subject to easements and restrictions of record as described in Exhibit “B” attached to
the Development Agreement and attached hereto, and being located generally at 1805
Central Avenue (the “Property”) shall be offered for sale in accordance with the terms and
conditions contained in this Resolution.
Section 2. That it is hereby determined that in order to qualify for consideration for selection,
any person must submit a proposal which meets these minimum requirements:
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a) Contains an agreement to purchase the Property at not less than its fair market
value;
b) Contains a commitment to develop and rehabilitate the Property for zoning uses
currently allowed on the Property;
c) Sets out or provides to the satisfaction of the City Council the experience of the
principals and key staff who will be directly engaged in performance of the contract
with the City, and their experience in carrying out projects of similar scale and
character; and
d) Meets, at a minimum, the terms and conditions of the Development Agreement
submitted by the Developer, including an agreement to rehabilitate and renovate the
building on the Property into commercial office space and space for an early
childhood center at a total project cost of not less than $1,550,000, and to enter into
leasing arrangements with non-profit tenants acceptable to the City for use of the
renovated building.
Section 3. That the Development Agreement by and between the City and the Developer be
and is hereby approved as to form for the purposes hereinafter stated.
Section 4. That for the purpose of defining the offering of the Property for sale, said
Development Agreement shall be deemed to be illustrative of the terms generally acceptable
to the City with respect to:
a) Conveyance of the Property;
b) Construction of Minimum Improvements in a timely manner;
c) Payment of Economic Development Grants by City;
d) Developer obligations; and
e) General terms and conditions.
Each proposal should identify the proposed funding sources for financing the acquisition
and rehabilitation of the Property, and include a letter of commitment from a bank or other
lending institution or other evidence of the proposer’s financial ability to complete the project.
The City is under no obligation to provide financing to any purchaser of the Property.
Section 5. That the Development Agreement submitted by the Developer satisfies the
requirements of the offering and, in the event that no other qualified proposals are timely
submitted that the City Council intends to accept and approve the Development Agreement
and sale of the Property.
Section 6. That it is hereby determined that the Developer possesses the qualifications,
financial resources and legal ability necessary to purchase the Property and to manage and
operate the Property in the manner proposed by this offering in accordance with the Plan.
Section 7. That the purchase price for the Property offered by the Developer is hereby found
and determined to be the fair market value of the interest being conveyed, in light of the
particular restrictions upon, and the covenants, conditions and obligations being assumed by
the Developer under the Development Agreement.
Section 8. That the City Clerk shall receive and retain for public examination the attached
Development Agreement submitted by the Developer and, in the event no other qualified
proposals are timely submitted, shall resubmit the Development Agreement to the City
Council for final approval and execution upon expiration of the notice hereinafter prescribed.
Section 9. That this action of the City Council be considered to be and does hereby
constitute notice to all concerned of the intention of this Council, in the event that no other
qualified proposals are timely submitted, to accept the proposal of the Developer to purchase
the Property and to approve the Development Agreement by and between City and Developer.
Section 10. That the official notice of this offering and of the intent of the City, in the event
no other qualified proposals are timely submitted, to approve the Development Agreement,
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shall be a true copy of this Resolution, but without the attachments referred to herein, except
Exhibit B.
Section 11. That the City Clerk is authorized and directed to secure immediate publication of
said official notice in the Telegraph Herald, a newspaper having a general circulation in the
community, by publication of the text of this Resolution without attachments on or before the
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22 day of April, 2011.
Section 12. That written proposals for the purchase of the Property will be received by the
City Clerk at or before 10:00 a.m., May 25, 2011 in the Office of the City Clerk, located on the
first floor at City Hall, Dubuque, Iowa 52001. Each proposal will be opened at the hour of
10:00 a.m. in City Hall, Dubuque, Iowa on May 25, 2011. Said proposals will then be
presented to the City Council at 6:30 p.m. on June 6, 2011, at a meeting to be held in the
Council Chambers in the Historic Federal Building, Dubuque, Iowa.
Section 13. That such offering shall be in substantial conformance with the provisions of
Iowa Code Section 403.8, requiring reasonable competitive bidding procedures as are hereby
prescribed, which method is hereby determined to be the appropriate method for making the
Property available for sale.
Section 14. That the required documents for the submission of a proposal shall be in
substantial conformity with the provisions of this Resolution.
Section 15. That the City Clerk is hereby nominated and appointed as the agent of the City
of Dubuque, Iowa to receive proposals for the sale of the Property at the date and according to
the procedure hereinabove specified for receipt of such proposals and to proceed at such time
to formally acknowledge receipt of each of such proposals by noting the receipt of same in the
Minutes of the Council; that the City Manager is hereby authorized and directed to make
preliminary analysis of each such proposal for compliance with the minimum requirements
established by this Council hereinabove. For each proposal that satisfies these requirements,
the City Council shall judge the strength of the proposal by such competitive factors and
criteria as the Council shall determine to be appropriate, including but not limited to the quality
of the proposed development, its architectural design and space amenities, the economic
feasibility of the proposed development, the financial assistance to be provided by the City
under the proposal, the anticipated uses of the renovated Property, and the over-all impact of
the completed development on the community and City residents, particularly those residents
living near the Property. The City Council shall then make the final evaluation and selection of
the proposals, and its determination shall be final and conclusive.
Section 16. That in the event another qualified proposal is timely submitted and accepted by
the City, another and further notice shall be published of the intent of the City of Dubuque,
Iowa, to enter into the resulting agreement, as required by law.
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Passed, approved and adopted this 18 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Paragon Square Urban Revitalization Plan: City Manager recommending that a public
hearing be set for June 6, 2011 to consider establishment of the Paragon Square Urban
Revitalization Plan. Upon motion the documents were received and filed and Resolution No.
138-11 Finding that the designation of the Paragon Square Urban Revitalization Plan is
necessary in the interest of the public health, safety and welfare of the residents of the City of
Dubuque, Iowa, and providing for a public hearing thereon was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on June 6, 2011 in the Historic Federal
Building.
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RESOLUTION NO. 138-11
FINDING THAT THE DESIGNATION OF THE PARAGON SQUARE URBAN
REVITALIZATION PLAN IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH,
SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA AND
PROVIDING FOR A PUBLIC HEARING THEREON.
Whereas, the City Council of the City of Dubuque finds that the property at 2887 and 2901
Central Avenue is currently vacant and underutilized; and
Whereas, Paragon Square LLC and Paragon Square II LLC have purchased the properties
to create multi-family residential rental housing and requests the establishment of an urban
revitalization district; and
Whereas, the area proposed for designation under the Urban Revitalization Act is based
upon the need for the encouragement of housing and residential development and the need for
preservation and restoration of buildings due to their age, history, and architecture or
significance; and
Whereas, Chapter 404 of the Code of Iowa provides that a public hearing shall be held on
any proposed Urban Revitalization Area Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the rehabilitation and redevelopment of the hereinafter described area at
2887 and 2901 Central Avenue is found to be necessary in the interest of the public health,
safety and welfare of the residents of the City and to preserve historic structures, to wit:
Lot 1 of 1 and Lot 2 of 1 of Paragon Square, all in the City of Dubuque, Dubuque County,
Iowa according to the recorded plat thereof.
Section 2. That the Paragon Square Urban Revitalization Area Plan as proposed meets the
eligibility criteria of Chapter 404.1 of the Code of Iowa, 2001.
Section 3. That the proposed Paragon Square Urban Revitalization Area Plan attached
hereto, shall be a matter of record and shall be available for pubic inspection in the office of the
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City Clerk at City Hall, 50 West 13 Street, Dubuque, Iowa.
Section 4. That the City is authorized and directed to submit the Paragon Square Urban
Revitalization Area Plan to the City’s Long Range Planning Advisory Commission for review
and comment; and
Section 5. That the City Clerk is directed to publish notice of a public hearing on the
Paragon Square Urban Revitalization Area Plan to be held on June 6, 2011 at 6:30 p.m. in the
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Council Chambers, 2 Floor, Historic Federal Building, Dubuque, Iowa 52001; and
Section 6. That the owners of record will be notified by the thirtieth day prior to the public
hearing.
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Passed, approved and adopted this 18 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions: Housing Commission: Three 3-year
terms through August 17, 2011 (Term of Frommelt, Helling, and Sutton). Applicants: Amy
Eudaley, 950 Wood Street; Patricia Rogaskie, 1502 ½ Elm Street (Additional Applicant);
Regine Ronek, 2282 White Street (Additional Applicant). Motion by Jones to receive and file
the documents and appoint Amy Eudaley, Patricia Rogaskie, and Regine Ronek to the
Housing Commission for 3-year terms through August 17, 2011. Seconded by Braig. Connors
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requested that the applicants be allowed to speak. Ms. Eudaley, Ms. Rogaskie, and Ms. Ronek
each spoke in support of their respective appointment. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Rezoning Request – 2505 Elm Street: Proof of publication on notice of public hearing to
consider a request from Reverend Richard Mihm, Dubuque Rescue Mission, to rezone
property located at 2505 Elm Street from R-2A Alternate Two-Family Residential District to OR
Office Residential 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 Braig. Dubuque Rescue
Mission Executive Director, Richard Mihm, spoke in support of the request. Planning Services
Manager Laura Carstens provided a staff report. Zoning Advisory Commission Chairperson
Jeff Stiles spoke in support of the request on behalf of the Commission and provided
information from the Commission’s public hearings. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 30-11 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying
hereinafter described property located at 2505 Elm Street from R-2A Alternate Two-Family
Residential District to OR Office Residential District. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 30-11
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 2505 ELM STREET FROM R-2A ALTERNATE
TWO-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-2A
Alternate Two-Family Residential District to OR Office Residential District, to wit: Lots 67, 68
and 69 of E. Langworthy’s Addition, 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 upon publication, as provided by law.
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Passed, approved and adopted this 18 day of April, 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 22 day of April, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Expansion of Flexsteel Industries, Inc., in the Port of Dubuque: Proof of publication on
notice of public hearing to consider disposing of approximately 27,137 square feet of property
in the Port of Dubuque to Flexsteel Industries, Inc., for the purpose of constructing a 40,000
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square-foot, multi-story office building and a Development Agreement relating thereto and City
Manager recommending approval. Motion by Connors to receive and file the information and
adopt Resolution No. 139-11 Approving a Development Agreement providing for the sale of
approximately 27,137 sq. ft. and a permanent easement of 1,003 sq. ft. in the Port of Dubuque
to Flexsteel Industries, Inc. Seconded by Braig. Greater Dubuque Development Corporation
Vice President for Existing Businesses Dan McDonald spoke in support of the project.
Responding to questions from City Council, Flexsteel CEO Ron Klosterman stated that the
company did look at various locations. Resnick referenced the Port of Dubuque Master Plan
and expressed concern about the Port of Dubuque becoming an office park with limited public
space. Van Milligen provided details about the acquisition grant used for the project, job
creation, term of the agreement, and the POD Master plan as compared to the Planned Unit
Development ordinance relative to this area. Motion carried 6-1 with Resnick voting nay.
RESOLUTION NO. 139-11
AUTHORIZING THE FILING OF AN APPLICATION FOR STATE FINANCIAL ASSISTANCE
ON BEHALF OF FLEXSTEEL INDUSTRIES, INC.
Whereas, Flexsteel Industries, Inc., has proposed the relocation and expansion of its
corporate offices in Dubuque, Iowa; and
Whereas, the City Council of Dubuque, Iowa, has considered said proposal and has
determined that the proposed project will contribute to the local economy through the retention
of 101 jobs and the creation of 10 additional jobs; and
Whereas, the Iowa Department of Economic Development's Financial Assistance Program
was designed to assist in the economic development efforts of local jurisdictions; and
Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the Iowa
Department of Economic Development Department’s Financial Assistance Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an application for participation in the Iowa Department of
Economic Development’s Financial Assistance Program on behalf of Flexsteel Industries, Inc.,
is hereby approved.
Section 2. That the local match identified in the application estimated at $1,705,831
consisting of TIF funding and a land discount was approved in the Development Agreement to
develop the property in the Port of Dubuque.
Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby
directed to submit said application to the Iowa Department of Economic Development together
with such documents as may be required.
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Passed, approved, and adopted this 18 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fiscal Year 2011 Third Budget Amendment: Proof of publication on notice of public hearing
to consider adoption of the Fiscal Year 2011 Third Budget Amendment and City Manager
recommending approval. Motion by Jones to receive and file the documents and adopt
Resolution No. 140-11 Adopting the Fiscal Year 2011 Third Budget Amendment. Seconded by
Connors. Motion carried 7-0.
RESOLUTION NO. 140-11
AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2011.
Be it Resolved by the Council of the City of Dubuque:
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Section 1. Following notice published and the public hearing held 4/18/11 the current budget
(as previously amended) is amended as set out herein and in the detail by fund type and
activity that supports this resolution which was considered at that hearing:
Total Budget Total Budget
as certified Current after Current
or last amended Amendment Amendment
Revenues & Other Financing Sources
Taxes Levied on Property 1 19,177,697 0 19,177,697
Less: Uncollected Property Taxes-Levy Year 2 0 0 0
Net Current Property Taxes 3
19,177,697 0 19,177,697
Delinquent Property Taxes 4 0 0 0
TIF Revenues 5 9,080,612 0 9,080,612
Other City Taxes 6 14,628,325 0 14,628,325
Licenses & Permits 7 1,187,750 0 1,187,750
Use of Money and Property 8 17,339,673 110,776 17,450,449
Intergovernmental 9 75,343,184 13,743,896 89,087,080
Charges for Services 10 30,276,561 331 30,276,892
Special Assessments 11 1,086,809 1,678,460 2,765,269
Miscellaneous 12 9,109,157 642,512 9,751,669
Other Financing Sources 13 96,719,903 8,680,290 105,400,193
Total Revenues and Other Sources
14 273,949,671 24,856,265 298,805,936
Expenditures & Other Financing Uses
Public Safety 15 23,844,906 58,382 23,903,288
Public Works 16 12,366,285 720,957 13,087,242
Health and Social Services 17 962,372 0 962,372
Culture and Recreation 18 9,510,486 188,916 9,699,402
Community and Economic Development 19 12,058,987 190,809 12,249,796
General Government 20 7,185,821 4,321 7,190,142
Debt Service 21 5,807,717 -85,000 5,722,717
Capital Projects 22 87,495,426 6,994,785 94,490,211
Total Government Activities Expenditures 23 159,232,000 8,073,170 167,305,170
Business Type / Enterprises 24 110,627,348 9,470,960 120,098,308
Total Gov Activities & Business Expenditures
25 269,859,348 17,544,130 287,403,478
Transfers Out 26 29,521,061 8,584,237 38,105,298
Total Expenditures/Transfers Out
27 299,380,409 26,128,367 325,508,776
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out Fiscal Year
28 -25,430,738 -1,272,102 -26,702,840
Continuing Appropriation 29 0 N/A 0
Beginning Fund Balance July 1 30 49,741,215 0 49,741,215
Ending Fund Balance June 30
31 24,310,477 -1,272,102 23,038,375
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Passed this 18 day of April, 2011.
Roy D. Buol, Mayor
Jeanne F. Schneider, CMC, City Clerk
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Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road): Proof of
publication on notice of public hearing to consider the plans, specifications, form of contract,
and estimated cost for the Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney
Road) and City Manager recommending approval. Motion by Connors to receive and file the
documents and adopt Resolution No. 141-11 Approving plans, specifications, form of contract,
and estimated cost for the Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney
Road). Seconded by Braig. Responding to questions from City Council, City Engineer Gus
Psihoyos stated that the street reconstruction phase of the project will be bid by the State on
June 21, 2011 adding that the utility phase is not eligible for state funding while the street
construction phase is. Motion carried 7-0.
RESOLUTION NO. 141-11
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE KAUFMANN AVENUE UTILITY PROJECT (JOHN F. KENNEDY ROAD TO
CHANEY ROAD)
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road), in the estimated
amount $247,201.18, are hereby approved.
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Passed, adopted and approved this 18 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Preliminary Plat – Liberty Subdivision: Zoning Advisory Commission recommending
approval of the preliminary plat of Liberty Subdivision waiving the paving width of the proposed
public street from 31 feet to 27 feet and allowing a single access length of 1,950 feet.
Zoning Advisory Commission requesting that the City make appropriate improvements to
Liberty Avenue in the eventuality that the proposed Liberty Subdivision is approved and
developed.
Motion by Connors to receive and file the documents and approve the recommendation.
Seconded by Jones. Speaking for area residents, Ken Anglin, 925 Liberty Avenue, spoke in
opposition to the request and expressed their collective concerns including the minimal street
area, limited parking, increased truck traffic, and water drainage. Mr. Anglin requested that the
request be denied or tabled. Responding to questions from City Council, Zoning Advisory
Commission Chairperson Jeff Stiles stated that the street is substandard and needs attention.
Planning Services Manager Laura Carstens provided information regarding average traffic
patterns. Fire Chief Dan Brown stated that fire vehicles have appropriate access. City Engineer
Gus Psihoyos stated that the street could be widened through property acquisition and the use
of retaining walls adding that it would an assessable project. Development partner, Rick
Ehrlich, 10662 Diesel Drive, stated that houses are sold contingent to approval and that
Graceland, LLC can help maintain the current condition of the street by controlling their truck
traffic during development. Motion carried 5-2 with Braig and Resnick voting nay.
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Smart Growth Development: City Manager recommending approval to commit $2,000 for
the efforts of Smart Growth Development as they work toward improving the Historic Tax
programs that fund many rehabilitation projects in the City of Dubuque. Motion by Jones to
receive and file the documents and approve the recommendation. Seconded by Resnick.
Motion carried 7-0.
Amendment to Joint Development Agreement with IBM: City Manager recommending
approval of an amended IBM Joint Development Agreement on Smarter Water to extend and
expand the community access to Smarter Water information and tools. This item was removed
from the agenda.
Sustainable Dubuque Watershed Network: City Manager recommending approval of a
proposed research project to be undertaken in partnership with the University of Iowa to
develop the Sustainable Dubuque Watershed Network. Motion by Connors to receive and file
the documents and approve the recommendation. Responding to questions from City Council,
Water Pollution Control Plant Manager Jonathon Brown and Resource Management
Coordinator Paul Schultz stated that research would be coordinated by a high-level team from
the University of Iowa that includes graduate students and professors of a two-year program
and that they are confident it is a quality program. Seconded by Braig. Motion carried 7-0.
Police Department – Tenant Background Check Service Provider: City Manager
recommending approval of the selection of Rental Services, Inc., of Arvada, Colorado, to
provide criminal history background checks as part of the City of Dubuque service to local
landlords. Motion by Jones to receive and file the documents and approve the
recommendation. Seconded by Connors. Responding to questions from City Council, Assistant
Police Chief Terry Tobin stated that the contract prices are guaranteed for one year with thirty-
day notice by the vendor or seven-day notice by the City. Tobin added that background checks
would take possibly three days. Van Milligen stated that landlords are required to do
background checks with services that meet the City’s standards, but are not required to use
the City’s service. Motion carried 7-0.
Port of Dubuque Marina Dock System and Utilities Project – Bid Package #1: City Manager
recommending award of the contract for the Port of Dubuque Marina Dock System and Utilities
Project – Bid Package #1 to Dubuque Barge & Fleeting Service Co., d/b/a Newt Marine
Service of Dubuque, Iowa. Motion by Resnick to receive and file the documents and adopt
Resolution No. 142-11 Awarding public improvement contract for the Port of Dubuque Marina
Dock System and Utilities Project – Bid Package #1. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 142-11
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE PORT OF DUBUQUE
MARINA PROJECT, BID PACKAGE 1 – TRANSIENT DOCKS AND UTILITIES
Whereas, sealed proposals have been submitted by contractors for the Port of Dubuque
Marina Project, Bid Package 1 – Transient Docks and Utilities (the Project) pursuant to
Resolution No. 84-11 and Notice to Bidders published in a newspaper published in the City of
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Dubuque, Iowa, on the 10 day of March, 2011.
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Whereas, said sealed proposals were opened and read on the 11 day of April, 2011 and it
has been determined that Dubuque Barge & Fleeting Service Co. dba Newt Marine Service of
Dubuque, Iowa, with a base bid in the amount of $1,737,732.15, is the lowest responsive,
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responsible bidder for the Project. Alternate No. 1, Alternate No. 2 or Alternate No. 3 are not
accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Newt Marine, Inc.
and the City Manager is hereby directed to execute a Public Improvement Contract on behalf
of the City of Dubuque for the Project.
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Passed, approved and adopted this 18 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Glass Curbside Collection Policy: City Manager recommending City of Dubuque discontinue
the curbside collection of glass for recycling effective July 2, 2011 and that an education and
promotion campaign be initiated as soon as possible to explain to the City of Dubuque
customers the reasons for the recommended policy change.
Communication from Charles F. Goddard, DMASWA Administrator, advising that the
Dubuque Metropolitan Area Solid Waste Agency will no longer subsidize the curbside
collection of glass for recycling.
Motion by Jones to receive and file the documents and approve the recommendation.
Seconded by Resnick. Lynch questioned the recommendation and disagreed with the reasons
for discontinuing collection stating that it is not walking the walk of sustainability and has
minimal budget impact. Jones stated that currently there is no benefit to glass collection and
that the City must first have a buyer for the recycled glass. Motion carried 6-1 with Lynch
voting nay.
Growing Sustainable Communities Conference: City Manager recommending approval of a
contract with Sustainable Cities Network for the Growing Sustainable Communities
Conference. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Resnick. Motion carried 7-0.
Wellmark Foundation Letter of Intent: City Manager recommending approval of a Letter of
Intent to the Wellmark Foundation requesting $25,000 in funding of healthy local foods
projects. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Braig. Motion carried 7-0.
Letter of Support for Green Dubuque EPA Environmental Justice Small Grant Application:
City Manager recommending approval of a Letter of Support for Green Dubuque’s application
to the EPA Environmental Justice Small Grant program. Motion by Braig to receive and file the
documents and approve the recommendation. Seconded by Connors. Responding to
questions from City Council, Van Milligen stated that since this is a private group it would need
to request a work session with the City Council. Sustainability Coordinator Cori Burbach stated
that Green Dubuque is open to having a work session with the City Council. Motion carried 7-
0.
EPA Climate Showcase Communities Grant: City Manager advising that the City of
Dubuque has been awarded an EPA Climate Showcase Communities grant in the amount of
$473,136. Motion by Braig to receive and file the documents and approve the
recommendation. Seconded by Jones. Motion carried 7-0.
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CLOSED SESSION
Motion by Jones at 9:34 p.m. to enter into closed session regarding pending litigation,
property acquisition, and professional competency pursuant to Chapter 21.5(1)(c)(j)(i)Code of
Iowa. Seconded by Resnick. Motion carried 7-0.
Upon motion at 10:41 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 10:42 p.m.
Jeanne F. Schneider, CMC
City Clerk
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