2011 City Council Official Proceedings Book 141OFFICIAL PROCEEDINGS
of the
CITY COUNCIL
for the
CITY OF DUBUQUE, IOWA
GQ--- 2011 -��
Approved January 7, 2013
Recorded and prepared by
Jeanne F. Schneider, CMC, City Clerk
Kevin S. Firnstahl, Assistant City Clerk
CITY OFFICERS FOR THE YEAR 2011
ROY D. BUOL
MAYOR
COUNCIL MEMBERS
RIC W. JONES COUNCIL MEMBER AT -LARGE
DAVID T. RESNICK COUNCIL MEMBER AT -LARGE
KEVIN J. LYNCH COUNCIL MEMBER FIRST WARD
KARLA A. BRAIG COUNCIL MEMBER SECOND WARD
COUNCIL MEMBER THIRD WARD
JOYCE E. CONNORS
DIRK N. VOETBERG
LYNN V. SUTTON
COUNCIL MEMBER FOURTH WARD
Through February 7, 2011
COUNCIL MEMBER FOURTH WARD
From March 21, 2011
CITY OFFICERS FOR THE YEAR 2011
COUNCIL APPOINTEES
CITY MANAGER MICHAEL C. VAN MILLIGEN
CITY CLERK JEANNE F. SCHNEIDER (January- April)
CITY CLERK KEVIN S. FIRNSTAHL (April- December)
CITY ATTORNEY BARRY A. LINDAHL
DEPARTMENT MANAGERS
ASSISTANT CITY MANAGER CYNTHIA M. STEINHAUSER
AIRPORT MANAGER ROBERT A. GRIERSON
BUDGET DIRECTOR JENNIFER M. LARSON
BUILDING SERVICES MANAGER RICHARD R. RUSSELL
CITY ENGINEER GUS N. PSIHOYOS
ECONOMIC DEVELOPMENT DIRECTOR DAVID J. HEIAR
FINANCE DIRECTOR KENNETH J. TEKIPPE
FIRE CHIEF E. DANIEL BROWN
HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR DAVID W. HARRIS
HUMAN RIGHTS DIRECTOR KELLY R. LARSON
INFORMATION SERVICES MANAGER CHRISTINE A. KOHLMANN
LEISURE SERVICES MANAGER MARIE L. WARE
LIBRARY DIRECTOR SUSAN A. HENRICKS
PERSONNEL MANAGER RANDALL K. PECK
PLANNING SERVICES MANAGER LAURA B. CARSTENS
POLICE CHIEF MARK M. DALSING
PUBLIC HEALTH SPECIALIST MARY ROSE CORRIGAN
PUBLIC WORKS DIRECTOR DONALD J. VOGT
WATER DEPARTMENT MANAGER ROBERT M. GREEN
WATER POLLUTION CONTROL MANAGER JONATHAN R. BROWN
Regular meetings of the City Council were held on the first and third Monday
of each month (Tuesday pending holidays) at 6:30 p.m. in the Historic Federal Building.
Book 141 Regular Session, January 3, 2011 1
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in regular
session at 6:30 p.m. on January 3, 2011 in the
Historic Federal Building.
Present: Mayor Buol, Council Members
Connors, Jones, Lynch, Resnick, City Manag-
er Van Milligen, City Attorney Lindahl
Absent: Council Members Braig and Voet-
berg
Mayor Buol read the call and stated this is
a regular session of the City Council to act
upon such business that may properly come
before the City Council.
Pledge of Allegiance
Invocation was provided by Reverend Ma-
ria Wiblin of Hillcrest Family Services.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 5 -0.
Minutes and Reports Submitted: City
Council of 12/20 and 12/21; Environmental
Stewardship Advisory Commission of 12/7;
Historic Preservation Commission of 12/16;
Library Board of Trustees of 11/16
Investment Oversight Advisory Commis-
sion's 70th Quarterly Report
Library Board of Trustees Update from
Meeting of December 15, 2010
Proof of publication of City Council Pro-
ceedings of December 6, 2010
Upon motion the documents were received
and filed.
Notice of Claims /Suits: David Klavitter for
property damage; Walter Joniec for vehicle
damage. Upon motion the documents were
received, filed, and referred to the City Attor-
ney.
City Attorney advising that the following
claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Com-
munities Assurance Pool: David Klavitter for
property damage. Upon motion the document
was received, filed, and concurred.
Purchase of Property — Bee Branch Creek
Restoration Project: City Manager recom-
mending approval of the purchase of a com-
mercial property, located at 500 Rhomberg
Avenue and owned by PJ's Tap, LLC, as part
of the acquisition program associated with the
Bee Branch Creek Restoration Project. Upon
motion the documents were received and filed
and Resolution No. 1 -11 Approving the acqui-
sition of real estate owned by PJ's Tap, LLC in
the City of Dubuque was adopted.
RESOLUTION NO. 1 -11
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY PJ'S TAP, LLC IN THE
CITY OF DUBUQUE
Whereas, the City of Dubuque intends to
acquire certain properties located in the area
of the Bee Branch Creek Restoration Project
for stormwater mitigation activities as recom-
mended in the 2001 "Drainage Basin Master
Plan;" and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled 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 legal-
ly described property: W 21.2' Lot 20 Smed-
leys Sub in the City of Dubuque, Dubuque
County, Iowa, at the cost of One Hundred Five
Thousand and 00/100 Dollars ($105,000.00).
Section 2. That the City of Dubuque be and
is hereby authorized to accept a Quit Claim
deed from the owner, conveying the owner's
interest to the City of Dubuque, Iowa, for the
herein described real estate.
Section 3. That the City Clerk be and is
hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of
the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 3rd day
of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
2010 Drain Tile Project: City Manager rec-
ommending acceptance of the construction
contract for the 2010 Drain Tile Project, as
completed by Drew Cook & Sons Excavating,
in the final contract amount of $20,272.84.
Upon motion the documents were received
and filed and Resolution No. 2 -11 Accepting
the 2010 Drain Tile Project and authorizing
payment of the contract amount to the contrac-
tor was adopted.
2 Regular Session, January 3, 2010 Book 141
RESOLUTION NO. 2 -11
ACCEPTING THE 2010 DRAIN TILE PRO-
JECT AND AUTHORIZING THE PAYMENT
OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract
for the 2010 Drain Tile Project (the Project)
has been completed and the City Engineer has
examined the work and filed a certificate stat-
ing that the Project has been completed ac-
cording to the terms of the Public Improvement
Contract and that the City Engineer recom-
mends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the
Drain Tile Program appropriation for the con-
tract amount of $20,272.84 less any retained
percentage provided for therein as provided in
Iowa Code Chapter 573, and to pay such re-
tainage only in accordance with the provisions
of Iowa Code Chapter 573.
Passed, approved and adopted this 3rd day
of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE 2010 DRAIN TILE
PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the 2010 Drain Tile Project, that the
Project has been performed in compliance with
the terms of the Public Improvement Contract,
and that the total cost of the completed work is
$24,130.84.
Dated this 21st day of December, 2010.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 28th
day of December, 2010.
Jeanne F. Schneider, CMC, City Clerk
NAI Region 5 Awards Nomination for the
Friends of the Mines of Spain: City Manager
recommending approval of a letter of support
for the Interpretation Award Nomination for the
Friends of the Mines of Spain. Upon motion
the documents were received, filed, and ap-
proved.
Trees Forever Grant Application: City
Manager recommending approval of the sub-
mission of a $7,000 Trees Forever grant appli-
cation to fund a small portion of the 485 trees
planned along the lower portion of the Bee
Branch Creek Restoration Project. Upon mo-
tion the documents were received and filed
and Resolution No. 3 -11 Support of Trees
Forever Application for funding for the Bee
Branch Creek Restoration Project was adopt-
ed.
RESOLUTION NO. 3 -11
SUPPORT OF TREES FOREVER APPLICA-
TION FOR FUNDING FOR THE BEE
BRANCH CREEK RESTORATION PROJECT
Whereas, Trees Forever provides funding
and technical assistance for tree planting pro-
jects in parks, schools, residential areas,
gateways, and trails; and
Whereas, the Bee Branch Creek Restora-
tion Project plans call for 485 trees to be
planted in the fall of 2011 along the Lower Bee
Branch; and
Whereas, the City Council has adopted the
Fiscal Year 2011 -2016 Capital Improvement
Program (CIP) budget, which includes the
City's local match for tree planting along the
Bee Branch Creek Restoration Project.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor is authorized to sign
the letter of support and submit this grant ap-
plication to Trees Forever for the Lower Bee
Branch Creek Restoration Project.
Passed, approved and adopted this 3rd day
of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Westbrook Park Temporary Location
Lease: City Manager recommending approval
of an amendment to the lease between the
City and Callahan Construction, Inc. to change
the location for Westbrook Park from Lots 38
and 39 to Lots 1 and 2. Upon motion the doc-
uments were received, filed, and approved.
Residency Requirement for Sister City Re-
lationships Advisory Commission: Communi-
cation from Jeffrey L. Walters submitting his
application to the Sister City Relationships
Advisory Commission and advising that he
lives outside the City limits. Upon motion the
documents were received and filed.
Advisory Board for the National ADA Coor-
dinator Certification Program: City Manager
transmitting information on the appointment of
Human Rights Director Kelly Larson to the
Advisory Board for the ADA Coordinator Certi-
fication Program. Upon motion the documents
were received and filed.
EMS Student Contract with NICC: City
Manager recommending approval to execute
an Emergency Medical Services Student con-
Book 141 Regular Session, January 3, 2011 3
tract with Northeast Iowa Community College.
Upon motion the documents were received,
filed, and approved.
Signed Contracts: Bee Branch Creek Res-
toration Project — Phase I Environmental As-
sessment. Upon motion the documents were
received and filed.
Liquor License Applications: City Manager
recommending approval of annual liquor li-
cense renewals as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 4 -11 Granting the issuance of a
Class "C" Beer Permit to Hartig Drug Company
#4 and Sam's Club #4973; and Resolution No.
5 -11 Granting the issuance of a Class "B" (Ho-
tel /Motel) Liquor License to Best Western Plus
Hotel and Conference Center / Champps
Americana; a Class "C" Beer /Liquor License to
Breezer's Pub and The Lounge; and a Class
"B" Wine Permit to Sam's Club, Dubuque Reli-
gious Center and Hartig Drug #4 were adopt-
ed.
RESOLUTION NO. 4 -11
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
ined and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Beer Permit.
CLASS "C" BEER PERMIT
Hartig Drug Company, Hartig Drug Com-
pany # 4 +(Sunday Sale), 2225 Central Ave.
Sam's West, Inc., Sam's Club #
4973 +(Sunday Sale), 4400 Asbury Rd.
Passed, approved and adopted this 3rd
day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 5 -11
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
nances relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Liquor License.
CLASS "B" (HOTEL /MOTEL) LIQUOR LIC-
NESE
Dodge Street Entertainment, LLC, Best
Western Plus Hotel & Conference Center
Champps Americana +(Sunday /Outdoor Sale),
3500 Dodge St.
CLASS "C" BEER /LIQUOR LICENSE
Breezer's Pub, Breezer's Pub +(Sunday
Sales), 600 Central Ave.
Phillip Love, The Lounge, 481 Locust St.
CLASS "B" WINE
Sam's West, Inc., Sam's Club # 4973,
4400 Asbury Rd.
Dubuque Religious Center, Inc., Dubuque
Religious Center, 923 Main St.
Hartig Drug Company, Inc., Hartig Drug
Company # 4, 2225 Central Ave.
Passed, approved and adopted this 3rd day
of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEM TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolution, set the public
hearing as indicated, and direct the City Clerk
to publish notice as prescribed by law. Se-
conded by Jones. Motion carried 5 -0.
Release of Easements — Lot 1 of Yiannias
Place: City Manager recommending that a
public hearing be set for January 18, 2011 to
consider a request from Brian Kane, repre-
senting Key City Investment Company, for the
release of easements in Yiannias Place in the
City of Dubuque. Upon motion the documents
were received and filed and Resolution No. 6-
11 Resolution of intent to dispose of City inter-
est in Easement "B" and Easement "D" in Lot 1
and Lot 1A of Yiannias Place in the City of
Dubuque, Dubuque County, Iowa, was adopt-
ed setting a public hearing for a meeting to
commence at 6:30 p.m. on January 18, 2011
in the Historic Federal Building.
RESOLUTION NO. 6 -11
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN EASEMENT "B" AND
EASEMENT "D" IN LOT 1 AND LOT 1A OF
YIANNIAS PLACE, IN THE CITY OF DUBU-
QUE, DUBUQUE COUNTY, IOWA
Whereas, Key City Investment Company
has requested the vacating and disposal of
Easement "B" and Easement "D" in Lot 1 and
Lot 1A of Yiannias Place; and
Whereas, the City Council finds that the
request should be granted.
NOW THEREFORE, BE IT RESOLVED
4 Regular Session, January 3, 2010 Book 141
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque in-
tends to dispose of its interest in Easement "B"
and Easement "D" in Lot 1 and Lot 1A of Yian-
nias Place in the City of Dubuque, Dubuque
County, Iowa.
Section 2. That the release of Easement
"B" and Easement "D" in Lot 1 and Lot 1A of
Yiannias Place in the City of Dubuque, Dubu-
que County, Iowa, to Key City Investment
Company be contingent upon the payment of
the publication and filing fees.
Section 3. That the City Clerk be and is
hereby authorized and directed to cause a
notice of intent to dispose of said interest to be
published in the manner as prescribed by law.
Passed, approved and adopted this 3rd day
of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS /COMMISSIONS
Applicants were invited to address the City
Council regarding their desire to serve on the
following Boards /Commissions:
Housing Code Appeals Board: One 3 -year
term through January 11, 2014 (Term of
Young). Applicant: David Young, 1572 Central
Avenue
Sister City Relationships Advisory Com-
mission: Setting 10 Initial Terms: Three 1 -year
terms through February 1, 2012; Three 2 -year
terms through February 1, 2013; Four 3 -year
terms through February 1, 2014. Applicants:
Sheila Castaneda, 1014 Dunham Drive; Mi-
chael Coty, 125 Bluff Street; Larissa Filimo-
nenko, 2260 Samantha Drive; Jeffrey Jochum,
3750 Aerostar Drive; Richard Landis, 2390
Clarke Crest Drive; Pat McNamara, 1041
Shady Oaks Drive; William Mclntee, 1339
Belmont Street; Eric Miller, 1290 W. 5th Street,
#1; Betty Phillips, 3047 Kane Court; Louise
Thurn, 3037 Kaufmann Avenue; and Annalee
Ward, 2758 Tiffany Court. Ms. Castaneda, Mr.
Coty, Ms. Filimonenko, Mr. Jochum, Mr.
McNamara, Ms. Phillips and Ms. Ward spoke
in support of their respective appointments.
ACTION ITEMS
Historic Preservation Commission: Com-
munication from the Historic Preservation
Commission advising that they have renewed
their commitment to public outreach and
providing a report on the initial efforts. Motion
by Connors to receive and file the documents.
Seconded by Lynch. HPC Chairperson David
Klavitter provided a verbal report. Motion car-
ried 5 -0.
Amendments to the Housing Code: City
Manager recommending approval of amend-
ments to the Housing Code to require crime -
free training, to require tenant criminal back-
ground checks and to designate certain rental
property owners as Priority Category. Motion
by Jones to receive and file the documents
and consider the first reading of the proposed
ordinances amending City of Dubuque Code of
Ordinances Title 6 Health, Housing, Sanitation,
and Environment, Chapter 6 Housing Regula-
tions, Section 6 -6 -7 Licenses and Inspections
requiring a property owner, manager, or li-
censed real estate professional to participate
in the crime -free, multi- housing program as a
condition of a license issuance or renewal for a
rental dwelling operating license; and amend-
ing the City of Dubuque Code of Ordinances
Title 6 Health, Housing, Sanitation, and Envi-
ronment, Chapter 6 Housing Regulations by
adopting a new Section 6 -6 -11 Priority Catego-
ry; amending Chapter 6 Housing Regulations
by adopting a new Section 6 -6 -12 Procedure
for Hearing Appeal of Priority Category Status;
and amending Chapter 6 Housing Regulations
by adopting a new Section 6 -6 -13 Inspection
of Properties Owned by Priority Category. Se-
conded by Connors. Responding to questions
from City Council, Assistant City Attorney
Crenna Brumwell and Police Chief Mark
Dalsing stated that the background checks will
be maintained by the Police Department's
Records Division, and information gained from
the checks could be used by police in addition
to their current search methods. Landlord li-
cense fees do not fully cover the City's ex-
penses for providing the free service, and
background checks are limited to adult appli-
cants named on the lease. Dalsing added that
he believes the checks provide accurate in-
formation from across all 50 states and three
prior addresses. Motion carried 5 -0.
Federal Emergency Management Agency
(FEMA) Flood Plain Map Update: City Manag-
er providing an update on the City of Dubu-
que's Technical Appeal of FEMA's Preliminary
Digital Flood Insurance Rate Map for our
community. Motion by Jones to receive and file
the documents. Seconded by Resnick. Motion
carried 5 -0.
Extension of Southwest Arterial Moratori-
um: City Manager recommending approval of
the extension of the development moratorium
for the Southwest Arterial Corridor to July 1,
2012. Motion by Connors to receive and file
the documents and consider the first reading
of the proposed ordinance amending the City
of Dubuque Code of Ordinances by amending
Title 14 (Buildings and Development) and by
amending Title 16 (Unified Development
Book 141 Regular Session, January 3, 2011 5
Code) extending the development moratorium
for the Southwest Arterial Corridor to July 1,
2012. Seconded by Jones. Motion carried 5 -0.
Solar Thermal Licensing, Permitting and
Inspections: City Manager recommending ap-
proval of amending the Code of Ordinances to
create a Solar Thermal licensing system and
empower Solar Thermal permits and inspec-
tions. Motion by Lynch to receive and file the
documents and consider the first reading of
the proposed ordinances amending City of
Dubuque Code of Ordinances Title 14 Building
and Development by adding Chapter 13 Solar
Thermal Licenses which requires a license in
order to perform work on solar thermal sys-
tems; and amending City of Dubuque Code of
Ordinances Title 14 Building and Development
by adding Chapter 14 Solar Thermal Systems
requiring permits and inspections for work per-
formed on solar thermal systems and setting
forth the standards for solar thermal systems.
Seconded by Jones. Motion carried 5 -0.
Selection of Color for The Jule ": City Man-
ager submitting color options for The Jule" for
City Council consideration. Motion by Connors
to receive and file the documents and select
the green "Mountain Dew/' color option. Se-
conded by Resnick. Motion carried 5 -0.
Friends of the Mines of Spain Advisory
Board: City Manager requesting that the City
Council designate a representative to the
Friends of the Mines of Spain Advisory Board.
Motion by Connors to receive and file the doc-
uments and appoint Mayor Buol as the repre-
sentative. Seconded by Lynch. Motion carried
5 -0.
Amendment to Iowa Finance Authority
(IFA) Loan Agreement: City Manager recom-
mending approval of an amendment to the
Iowa Finance Authority loan agreement for
financing a portion of the costs of projects in
the Historic Millwork District in an amount up to
$4,500,000. Motion by Jones to receive and
file the documents and approve the recom-
mendation. Seconded by Resnick. Motion car-
ried 5 -0.
Community Development Block Grant
Award to CARADCO Project: City Manager
recommending that the City indicate its interest
in accepting a $5.9 million Community Devel-
opment Block Grant award for the CARADCO
Project to the Iowa Department of Economic
Development. Motion by Connors to receive
and file the documents and approve the rec-
ommendation. Seconded by Jones. Motion
carried 5 -0.
AV Preeminent Rating for City Attorney:
Notification that City Attorney Barry Lindahl
has been awarded the AV Preeminent Rating
from the Martindale - Hubbell Peer Review.
Motion by Connors to receive and file the doc-
uments. Seconded by Resnick. City Council
Members congratulated the City Attorney. Mo-
tion carried 5 -0.
COUNCIL MEMBER REPORTS
Mayor Buol passed on Happy New Year
wishes to all.
Jones extended an invitation to the open-
ing of the Special Olympics on January 10 at
the Grand River Center.
PUBLIC INPUT
Joseph Noel, 315 West Locust, thanked
the City Council for their efforts in facilitating
what he considered to be an attractive and
functional Burlington/Trailways bus hub at
Rhomberg and Elm Streets.
CLOSED SESSION
Motion by Jones to go into closed session
at 7:28 p.m. regarding Pending Litigation and
Property Acquisition pursuant to Chapter
21.5(1)(c)(j) Code of Iowa and Collective Bar-
gaining Strategy pursuant to Iowa Code Chap-
ter 20.17(3). Seconded by Resnick. Motion
carried 5 -0.
Upon motion at 8:39 p.m., the City Council
reconvened in open session stating that staff
had been given proper direction.
There being no further business, upon mo-
tion the City Council adjourned at 8:40 p.m.
/s /Jeanne F. Schneider, CMC
City Clerk
6 Regular Session January 18, 2011 Book 141
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in regular
session at 6:30 p.m. on January 18, 2011 in
the Historic Federal Building.
Present: Mayor Buol (Via Telephone),
Mayor Pro -Tern Braig, Council Members Con-
nors, Jones, Lynch, Resnick, City Manager
Van Milligen, City Attorney Lindahl
Absent: Council Member Voetberg
Mayor Pro -Tern Braig read the call
stated this is a regular session of the
Council to act upon such business that
properly come before the City Council.
Pledge of Allegiance
and
City
may
Invocation was provided by Reverend Dr.
Thomas Young of Westminster Presbyterian
Church.
PROCLAMATIONS
Earned Income Tax Credit (EITC) Aware-
ness Day (January 29, 2011) was accepted by
Becky Jenkins, Special Projects Coordinator,
Operation: New View, 1473 Central Avenue.
CONSENT ITEMS
Motion by Jones to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Resnick. Con-
nors requested ( #6) Dubuque Levee and
Floodwall Certification — PAL Progress Report
#5 be held for separate discussion. Motion
carried 6 -0.
Minutes and Reports Submitted: Cable
Community Teleprogramming Commission of
12/7; City Council of 1/3; Community Devel-
opment Advisory Commission of 12/15; Histor-
ic Preservation Commission Education Task
Force of 1/5; Human Rights Commission of
12/9 and 12/13; Mechanical Board of 12/9;
Park and Recreation Commission of 12/14;
Zoning Advisory Commission of 1/5; Zoning
Board of Adjustment of 12/16
Proofs of publication of City Council Pro-
ceedings of December 20 and 21, 2010 and
List of Claims and Summary of Revenues for
Month Ended November 30, 2010
Upon motion the documents were received
and filed.
Notice of Claims/Suits: Christa Welu Trust
for property damage; Pusateri's Restaurant for
property damage; Janet V. Grew for personal
injury; Katie Schaefer for vehicle damage. Up-
on 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 Com-
munities Assurance Pool: Walter Joniec for
vehicle damage; Janet Grew for personal inju-
ry; Pusateri's Restaurant for property damage.
Upon motion the documents were received,
filed and concurred.
Asbury and IA 32 Traffic Signal / Grading
Project: City Manager recommending ac-
ceptance of the Asbury and IA 32 Traffic Sig-
nal • Grading Project as completed by McDer-
mott Excavating in the final contract amount of
$365,630.85. Upon motion the documents
were received and filed and Resolution No. 7-
11 Accepting the Asbury and IA 32 Traffic Sig-
nal / Grading Project and authorizing payment
of the contract amount to the contractor was
adopted.
RESOLUTION NO. 7 -11
ACCEPTING THE ASBURY ROAD AND IA
32 TRAFFIC SIGNAL & GRADING PROJECT
(IOWA DOT PROJECT NO. TSF-32- 1(28) --
92-31) AND AUTHORIZING THE PAYMENT
OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract
for the Asbury Road and IA 32 Traffic Signal &
Grading Project (Iowa DOT Project No. TSF-
32- 1(28)-- 92 -31) (the Project) has been com-
pleted and the City Engineer has examined the
work and filed a certificate stating that the Pro-
ject 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 Iowa
DOT Traffic Safety Grant, Iowa DOT U -STEP
Grant, Northwest Arterial Capacity Improve-
ments, and Traffic Consultant Services appro-
priations for the contract amount of
$365,630.85 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.
Book 141 Regular Session January 18, 2011 7
Passed, approved and adopted this 18th
day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE ASBURY ROAD AND
IA 32 TRAFFIC SIGNAL & GRADING PRO-
JECT (IOWA DOT PROJECT NO. TSF-32-
1 (28)--92-31 )
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the Asbury Road and IA 32 Traffic
Signal & Grading Project (Iowa DOT Project
No. TSF -32- 1(28)-- 92 -31), 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
$504,941.87
Dated this 10th day of January, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 12th
day of January, 2011.
Jeanne F. Schneider, CMC, City Clerk
Bee Branch Creek Restoration Project —
Kniest Street Park Property Acquisitions: City
Manager recommending approval to begin the
process of acquiring three properties for the
Kniest Street Park to be constructed as part of
the Upper Bee Branch Creek Restoration Pro-
ject. Upon motion the documents were re-
ceived, filed and approved.
North Grandview Avenue and Rosedale
Avenue Emergency Storm Sewer Repair Pro-
ject: City Manager recommending acceptance
of the construction contract for the North
Grandview Avenue and Rosedale Avenue
Emergency Storm Sewer Repair Project. Upon
motion the documents were received and filed
and Resolution No. 8 -11 Accepting the North
Grandview Avenue and Rosedale Avenue
Emergency Storm Sewer Repair Project and
authorizing payment of the contract amount to
the contractor was adopted.
RESOLUTION NO. 8 -11
ACCEPTING THE NORTH GRANDVIEW
AVENUE AND ROSEDALE AVENUE
EMERGENCY STORM SEWER REPAIR
PROJECT AND AUTHORIZING THE PAY-
MENT OF THE CONTRACT AMOUNT TO
THE CONTRACTOR
Whereas, the Public Improvement Contract
for the North Grandview Avenue and Rosedale
Avenue Emergency Storm Sewer Repair Pro-
ject (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 Engi-
neer recommends that the Project be accept-
ed.
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
North Grandview Storm Reconstruction appro-
priation for the contract amount of $52,275.67
less any retained percentage provided for
therein as provided in Iowa Code Chapter 573,
and to pay such retainage only in accordance
with the provisions of Iowa Code Chapter 573.
Passed, approved and adopted this 18th
day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE NORTH
GRANDVIEW AVENUE AND ROSEDALE
AVENUE EMERGENCY STORM SEWER
REPAIR PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the North Grandview Avenue and
Rosedale Avenue Emergency Storm Sewer
Repair Project, that the Project has been per-
formed in compliance with the terms of the
Public Improvement Contract, and that the
total cost of the completed work is $56,726.63.
Dated this 10th day of January, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 13th
day of January, 2011.
Jeanne F. Schneider, CMC, City Clerk
Dubuque Levee and Floodwall Certification
— PAL Progress Report #5: City Manager rec-
ommending approval of the transmittal of the
City of Dubuque's Provisionally Accredited
Levee (PAL) Progress Report #5 to FEMA for
certification of the Dubuque levee and flood -
wall system along the Mississippi River. Mo-
tion by Connors to receive and file the docu-
ments and approve the recommendation. Se-
conded by Resnick. Responding to questions
from Council Public Works Director Don Vogt
stated that the removal of trees has yet to be
resolved. Motion carried 6 -0.
Westside Court — Plat of Survey: Zoning
Advisory Commission recommending approval
of the plat of survey of Westside Court as re-
quested by Arthofer Properties, LLC. Upon
motion the documents were received and filed
and Resolution No. 9 -11 Approving the Plat of
Survey of Lot 1 of Lot 1 and Lot 2 of Lot 1 of
Arthofer's Skyline Addition was adopted.
8 Regular Session January 18, 2011 Book 141
RESOLUTION NO. 09 -11
APPROVING THE PLAT OF SURVEY LOT 1
OF LOT 1 AND LOT 2 OF LOT 1 OF
ARTHOFER'S SKYLINE ADDITION
Whereas, there has been filed with the City
Clerk a Plat of Survey Lot 1 of Lot 1 and Lot 2
of Lot 1 of Arthofer's Skyline Addition; and
Whereas, said Plat of Survey provides 0
feet of frontage for Lot 2 of Lot 1 on a public or
approved private street, where street frontage
is required by Section 11 -14 of Title 16 of the
City of Dubuque Code of Ordinances, Unified
Development Code; and
Whereas, said Plat of Survey has been ex-
amined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been ex-
amined by the City Council and they find that it
conforms to the statutes and ordinances relat-
ing thereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11 -14 of Title 16 of
the City of Dubuque Code of Ordinances, Uni-
fied Development Code, is waived to allow 0
feet of frontage on a public street or an ap-
proved private street for Lot 2 of Lot 1.
Section 2. That the Plat of Survey Lot 1 of
Lot 1 and Lot 2 of Lot 1 of Arthofer's Skyline
Addition is hereby approved and the Mayor
and City Clerk are hereby authorized and di-
rected to endorse the approval of the City of
Dubuque, Iowa, upon said Plat of Survey.
Passed, approved and adopted this 18th
day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Actuarial Valuation of Post Employment
Benefit Plans: City Manager recommending
approval of the selection of the SilverStone
Group to conduct the GASB -45 actuarial valu-
ation of post employment benefit plans. Upon
motion the documents were received, filed,
and approved.
Mutual Indemnification Agreement with
Clarke University: City Manager recommend-
ing approval of a Mutual Indemnification
Agreement with Clarke University to allow utili-
zation of facilities without having to obtain cer-
tificates of insurance for each usage. Upon
motion the documents were received, filed,
and approved.
Dog Park Update: City Manager providing
current information regarding the Iowa De-
partment of Transportation (IDOT) property at
Dodge and Locust Streets for use as a dog
park. Upon motion the documents were re-
ceived and filed.
IBM Smarter Cities Challenge Application:
City Manager recommending approval of the
submission of an application to participate in
the IBM Smarter Cities Challenge. Upon mo-
tion the documents were received, filed, and
approved.
State of Iowa Direct Financial Assistance
Contract for Peninsula Gaming, LLC: City
Manager recommending approval of a contract
with the Iowa Department of Economic Devel-
opment (IDED) for Iowa Values Funds Finan-
cial Assistance benefits on behalf of Peninsula
Gaming, LLC. Upon motion the documents
were received and filed and Resolution No. 10-
11 Approving an Iowa Values Fund Financial
Assistance Contract by and among the Iowa
Department of Economic Development, the
City of Dubuque and Peninsula Gaming, LLC,
was adopted.
RESOLUTION NO. 10 -11
APPROVING AN IOWA VALUES FUND FI-
NANCIAL ASSISTANCE CONTRACT BY
AND AMONG THE IOWA DEPARTMENT OF
ECONOMIC DEVELOPMENT, THE CITY OF
DUBUQUE AND PENINSULA GAMING, LLC
Whereas, the Peninsula Gaming, LLC, ap-
plication was approved by the Iowa Depart-
ment of Economic Development on March 18,
2010; and
Whereas, the Iowa Department of Eco-
nomic Development has prepared and submit-
ted for City Council approval a contract relating
to Iowa Values Fund Financial Assistance
benefits for Peninsula Gaming, LLC, a copy of
which is attached hereto and by this reference
made a part hereof; and
Whereas, the City Council finds that the
proposed contract is acceptable and neces-
sary to the growth and development of the city.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of
Economic Development Iowa Values Fund
Financial Assistance contract, Number 10 -IVF-
062, is hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Contract
on behalf of the City of Dubuque and forward
the executed copy to the Iowa Department of
Economic Development for their approval.
Passed, approved, and adopted this 18th
day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Dubuque County Property in Dubuque In-
dustrial Center Urban Renewal District: City
Manager recommending approval of an
agreement with the County of Dubuque to in-
Book 141 Regular Session January 18, 2011 9
clude a portion of the Seippel Road property
under the County's jurisdiction in the Dubuque
Industrial Center Urban Renewal District. Upon
motion the documents were received and filed
and Resolution No. 11 -11 Approving an
agreement between the City of Dubuque, Io-
wa, and Dubuque County, Iowa to amend the
Dubuque Industrial Center Urban Renewal
District to include certain property located in
Dubuque County, Iowa, was adopted.
RESOLUTION NO. 11 -11
APPROVING AN AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA, AND
DUBUQUE COUNTY, IOWA, TO AMEND
THE DUBUQUE INDUSTRIAL CENTER UR-
BAN RENEWAL DISTRICT TO INCLUDE
CERTAIN PROPERTY LOCATED IN DUBU-
QUE COUNTY, IOWA
Whereas, the City Council of the City of
Dubuque, Iowa (the City Council), has estab-
lished the Urban Renewal Plan (the Plan) for
Dubuque Industrial Center Urban Renewal
Area (the Area) for the purpose of undertaking
an urban renewal project; and
Whereas, the City Council desires to
amend the Plan to include property located
within two miles of the corporate limits of the
City of Dubuque but within Dubuque County,
Iowa; and
Whereas, Iowa Code § 403.17(4) requires
the consent of the Board of Supervisors of
Dubuque County, Iowa (the Board), before the
City Council can proceed with adoption of an
amendment to the Plan which would include
property located within two miles of the corpo-
rate limits of the City of Dubuque and within
Dubuque County, Iowa; and
Whereas, the Board has reviewed the pro-
posed amendment to the Plan to include the
County property described therein as Subarea
E of the Dubuque Industrial Center Urban Re-
newal Area, and has concluded that consent to
the amendment of the Plan to include Subarea
E is in the best interests of County; and
Whereas, the Board and the City Council
desire to set forth their agreement in the form
attached hereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Agreement attached
hereto is hereby approved on behalf of the City
of Dubuque.
Section 2. That the Mayor is authorized
and directed to execute the Agreement on
behalf of the City of Dubuque.
Section 3. That the City Manager is author-
ized and directed to take such further action as
may be necessary to carry out the intent of the
Agreement.
Passed, approved and adopted this 18th
day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RISE Grant Application: City Manager rec-
ommending approval of the submission of a
RISE Grant Application to the Iowa Depart-
ment of Transportation for the construction of
road west from Highway 61 to access lots in
the Dubuque Regional Airport Industrial Park.
Upon motion the documents were received
and filed and Resolution No. 12 -11 Endorsing
the submission of a Revitalize Iowa's Sound
Economy (RISE) application to the Iowa De-
partment of Transportation for the construction
of road west from Highway 61 to access lots in
the Dubuque Regional Airport Industrial Park,
was adopted.
RESOLUTION NO. 12 -11
ENDORSING THE SUBMISSION OF A RE-
VITALIZE IOWA'S SOUND ECONOMY
(RISE) APPLICATION TO THE IOWA DE-
PARTMENT OF TRANSPORTATION FOR
THE CONSTRUCTION OF ROAD WEST
FROM HIGHWAY 61 TO ACCESS LOTS IN
THE DUBUQUE REGIONAL AIRPORT IN-
DUSTRIAL PARK
Whereas, the City of Dubuque believes
that economic development opportunities re-
quire developable industrial land with ade-
quate public infrastructure in order to retain
and attract new job creating businesses and
industries to this community; and
Whereas, the City of Dubuque is develop-
ing over 50 acres of additional industrial land
located in the Dubuque Regional Airport; and
Whereas, certain lots within the develop-
ment must be accessed by a road extending
west from Highway 61; and
Whereas, the Iowa Department of Trans-
portation, through its Revitalize Iowa's Sound
Economy (RISE) Competitive Project Funding,
has monies available for the development of
public roadways to support economic devel-
opment opportunities.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
endorses the application to the Iowa Depart-
ment of Transportation for RISE Competitive
funding to provide roadway access for the de-
velopment of lots in the Dubuque Regional
Airport Industrial Park.
Section 2. That the City of Dubuque hereby
certifies that the roadway improvements will be
dedicated to public use and will remain so ded-
icated to public use and that G.O. Bond funds
will be available to finance the City's portion of
project costs.
Section 3. That the City of Dubuque hereby
10 Regular Session January 18, 2011 Book 141
assumes responsibility for and ongoing
maintenance of these roadway improvements
and ensures that the roadway will be ade-
quately maintained in the future.
Section 4. That the City Manager is author-
ized to sign, on behalf of the City Council, the
application for RISE funding.
Passed, approved and adopted this 18th
day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CM, City Clerk
Citizen Communication: Communication
from Sandra Amberg regarding fluoride. Upon
motion the document was received and filed.
The Ten Smartest Cities on the Planet:
Copy of Fast Company Magazine article The
Ten Smartest Cities on the Planet" slideshow.
Upon motion the document was received and
filed.
Iowa Natural Heritage: Copy of article enti-
tled "A Model for Conservation" from the Iowa
Natural Heritage Magazine regarding Dana
Livingston and the program Future Talk, which
is based out of the Multicultural Family Center.
Upon motion the document was received and
filed.
Connected World Magazine: Copy of Con-
nected World Magazine article featuring Mayor
Roy Buol and the City of Dubuque. Upon mo-
tion the document was received and filed.
Stipulation of Settlement — Property Tax
Appeal: City Attorney recommending approval
of the Stipulation of Settlement for the Thermo
Fischer Scientific, Inc., 2555 Kerper Boule-
vard, 2010 property tax protest. Upon motion
the documents were received, filed, and ap-
proved.
Clark of Dubuque / HIBA Petroleum Set-
tlement Agreement: City Manager recom-
mending approval of the Settlement Agree-
ment Assessing Penalties and the Order Ac-
cepting Acknowledgement / Settlement
Agreement for a second offense alcohol com-
pliance violation for Clark of Dubuque / HIBA
Petroleum, Inc. Upon motion the documents
were received, filed, and approved.
Mindframe Multi Media LLC — Settlement
for Alcohol Violation: City Manager recom-
mending approval of the Settlement Agree-
ment Assessing Penalties and the Order Ac-
cepting Acknowledgement / Settlement
Agreement for a first offense alcohol compli-
ance violation for Mindframe Multi Media LLC.
Upon motion the documents were received,
filed, and approved.
Dubuque Main Street Program Agreement:
City Manager recommending approval of a
Program Agreement between Dubuque Main
Street, the City of Dubuque and the Iowa De-
partment of Economic Development Upon
motion the documents were received and filed
and Resolution No. 13 -11 of Support and fi-
nancial commitment for the Main Street Pro-
gram in Dubuque, Iowa, was adopted.
RESOLUTION NO. 13 -11
RESOLUTION OF SUPPORT AND FINAN-
CIAL COMMITMENT FOR THE MAIN
STREET PROGRAM IN DUBUQUE, IOWA
Whereas, an Agreement between the Iowa
Department of Economic Development, Dubu-
que Main Street and the City of Dubuque for
the purpose of continuing the Main Street Iowa
program in Dubuque; and
Whereas, this Agreement is pursuant to
contractual agreements between the National
Trust for Historic Preservation and the Iowa
Department of Economic Development to as-
sist in the revitalization of the designated Main
Street project area of Dubuque Iowa; and
Whereas, the City Council of Dubuque en-
dorses the goal of economic revitalization of
the Downtown within the context of preserva-
tion and rehabilitation of its historic buildings
and supports the continuation of the Main
Street Four Point Approach as developed by
the National Trust for Historic Preservation and
espoused by Main Street Iowa.
NOW THEREFORE BE IT RESOLVED by
the City Council of the City of Dubuque, Iowa,
meeting in regular session on January 18,
2011, that the City of Dubuque hereby agrees
to support both financially and philosophically
the work of Dubuque Main Street and desig-
nates the Main Street Board to supervise the
Program Director.
Passed, approved, and adopted this 18th
day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Signed Contracts: (1) Design Service
Agreement with IIW to oversee the repair of a
section of the concrete floodwall at the City's
Purina Drive barge terminal; (2) Telegraph
Herald advertising agreement. Upon motion
the documents were received and filed.
Liquor License Transfer: Request of Lana
Kaye LuGrain to permanently transfer Chop-
pers Ten Pin Tap liquor license from 500
Rhomberg to 601 Rhomberg. Upon motion the
document was received, filed, and approved.
Liquor License Applications: City Manager
recommending approval of annual liquor li-
cense renewals as submitted. Upon motion the
Book 141 Regular Session
January 18, 2011 11
documents were received and filed and Reso-
lution No. 14 -11 Granting the issuance of a
Class "B" Beer Permit to Pizza Hut #4691 and
#4690 and a Class "C" Beer Permit to El Pai-
sano Grocery, Clark of Dubuque and Awn
Stop Mart; and Resolution No. 15 -11 Granting
the issuance of a Class "C" Beer /Liquor Li-
cense to Taiko Japanese Restaurant and Mar -
io's Italian Restaurant; a Special Class "C"
Liquor License to Cafe Manna Java West, and
a Class "WBN" Native Wine License to En-
graved Gift Collection and Steve's Ace Home
and Garden were adopted.
RESOLUTION NO. 14 -11
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
ined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the ordinances of the City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Beer Permit.
CLASS "B" BEER PERMIT
NPC International, Inc., Pizza Hut # 4691
+(Sunday Sale), 320 E. 20th Street
NPC International, Inc., Pizza Hut # 4690
+(Sunday Sale), 2075 JFK Road
CLASS "C" BEER PERMIT
Inocente Rubio, El Paisano Grocery Store
+(Sunday Sale), 1543 Central Ave.
Hiba Petroleum Inc., Clark of Dubuque
+(Sunday Sale), 700 Rhomberg Ave.
Awn Stop Mart, Inc., Awn Stop Mart
+(Sunday Sale), 1998 Jackson Street
Passed, approved and adopted this 18th
day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 15 -11
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
nances 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
Taiko Restaurant, Inc., Taiko Japanese
Restaurant +(Sunday Sale), 2155 Southpark
Court
T &M, Inc., Mario's Italian Restaurant, 1298
Main Street
SPECIAL CLASS "C" LIQUOR LICENSE
Cafe Manna Java West, LLC, Cafe Mana
Java West +(Sunday Sale), 150 JFK Road
CLASS "WBN" NATIVE WINE LICENSE
Woodline, Inc., Engraved Gift Collection,
962 Main Street
Steve's Ace Hardware, Inc., Steve's Ace
Home & Garden, 3350 JFK Road
Passed, approved and adopted this 18th
day of January, 2011
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Connors to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 6 -0.
Expansion of Faley Properties, LLC and
Faley Enterprises, Inc. (IWO: City Manager
recommending that a public hearing be set for
February 7, 2011 to consider approval of the
disposition of Dubuque Industrial Center West
property to Faley Properties, LLC and Faley
Enterprises, Inc., for the purpose of construct-
ing a 65,000 square foot office /distribution
center. Upon motion the documents were re-
ceived and filed and Resolution No. 16 -11
Intent to dispose of an interest in City of Dubu-
que real estate and fixing the date for a public
hearing of the City Council of the City of
Dubuque, Iowa on the proposed issuance of
Urban Renewal Tax Increment Revenue Obli-
gations and the execution of a Development
Agreement relating thereto with Faley Proper-
ties, 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 Febru-
ary 7, 2011 in the Historic Federal Building.
RESOLUTION NO. 16 -11
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE
AND
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE PROPOSED
ISSUANCE OF URBAN RENEWAL TAX IN-
12 Regular Session January 18, 2011 Book 141
CREMENT REVENUE OBLIGATIONS AND
THE EXECUTION OF A DEVELOPMENT
AGREEMENT RELATING THERETO WITH
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 the following real property (the
Property): Lot 2 of Dubuque Industrial Center
North First Addition in the City of Dubuque,
Iowa; and
Whereas, City and Faley Properties, LLC,
and Faley Enterprise, Inc., have entered into a
Development Agreement, subject to the ap-
proval of the City Council, a copy of which is
now on file at the Office of the City Clerk, City
Hall, 13th and Central Avenue, Dubuque, Iowa,
pursuant to which City will convey the Property
to Faley Properties, LLC, and Faley Enterpris-
es, Inc. as shown on Exhibit A attached here-
to; and
Whereas, the City Council has tentatively
determined that it would be in the best inter-
ests of the City to approve the Development
Agreement, including the conveyance of the
Property to Faley Properties, LLC, and Faley
Enterprises, Inc.; and
Whereas, it is deemed necessary and ad-
visable that City should authorize Urban Re-
newal Tax Increment Revenue obligations, as
provided by Chapter 403 of the Code of Iowa,
and to enter into the Development Agreement
relating thereto for the purpose of carrying out
an Urban Renewal Plan as hereinafter de-
scribed; 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 by Deed to Faley Properties, LLC, and
Faley Enterprises, Inc.
Section 2. The City Clerk is hereby author-
ized 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
City's intent to dispose of the foregoing -
described Property, to be held on the 7th day of
February, 2011, at 6:30 o'clock p.m. in the City
Council Chambers at the Historic Federal Build-
ing, 350 W. 6th Street, Dubuque, Iowa.
Section 3. The City Council will also meet
at said time and place for the purpose of taking
action on the matter of authorizing Urban Re-
newal Tax Increment Revenue obligations and
the execution of the Development Agreement
relating thereto with Faley Properties, LLC and
Faley Enterprises, Inc. the proceeds of which
obligations will be used to carry out certain of
the special financing activities described in the
Urban Renewal Plan for the Dubuque Industri-
al Center Economic Development District,
consisting of the funding of economic devel-
opments grants to Faley Properties, LLC and
Faley Enterprises, Inc. pursuant to the Devel-
opment Agreement under the terms and condi-
tions of said Urban Renewal Plan. It is ex-
pected that the aggregate amount of the Tax
Increment Revenue obligations will be approx-
imately $825,000.
Section 4. 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 circula-
tion in said City, said publication to be not less
than four days nor more than twenty days be-
fore the date of said meeting on the issuance
of said obligations.
Section 5. That the notice of the proposed
action to issue said obligations shall be in sub-
stantially the form attached hereto.
Passed, approved and adopted this 18th
day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Plastic Center, Inc. — Development Agree-
ment: City Manager recommending that a pub-
lic hearing be set for February 7, 2011 to con-
sider entering into a Development Agreement
with Plastic Center, Inc. for the purpose of
redeveloping properties located at 426 West
5th Street and 951, 955 and 957 Main Street.
Upon motion the documents were received
and filed and Resolution No. 17 -11 Fixing the
date for a public hearing of the City Council of
the City of Dubuque, Iowa, on the proposed
issuance of Urban Renewal Tax Increment
Revenue Obligations and the execution of a
Development Agreement relating thereto with
Plastic Center, Inc., and providing for the pub-
lication of notice thereof was adopted setting a
public hearing for a meeting to commence at
6:30 p.m. on February 7, 2011 in the Historic
Federal Building.
RESOLUTION NO. 17 -11
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, ON THE PROPOSED
ISSUANCE OF URBAN RENEWAL TAX IN-
CREMENT REVENUE OBLIGATIONS AND
THE EXECUTION OF A DEVELOPMENT
AGREEMENT RELATING THERETO WITH
Book 141 Regular Session January 18, 2011 13
PLASTIC CENTER, INC., AND PROVIDING
FOR THE PUBLICATION OF NOTICE
THEREOF
Whereas, City and Plastic Center, Inc.,
have entered into a Development Agreement,
subject to the approval of the City Council, 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 inter-
ests of the City to approve the Development
Agreement, with Plastic Center, Inc.; and
Whereas, it is deemed necessary and ad-
visable that City should authorize Urban Re-
newal Tax Increment Revenue obligations, as
provided by Chapter 403 of the Code of Iowa,
and to enter into the Development Agreement
relating thereto for the purpose of carrying out
an Urban Renewal Plan as hereinafter de-
scribed; 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 Clerk is hereby author-
ized and directed to cause this Resolution and
a notice to be published as prescribed by Iowa
Code Section 403.9 of a public hearing on the
City's intent to authorize Urban Renewal Tax
Increment Revenue obligations, to be held on
the 7th day of February, 2011, at 6:30 o'clock
p.m. in the City Council Chambers at the His-
toric Federal Building, 350 W. 6th St., Dubu-
que, Iowa.
Section 2. The City Council will meet at
said time and place for the purpose of taking
action on the matter of authorizing Urban Re-
newal Tax Increment Revenue Obligations and
the execution of the Development Agreement
relating thereto with Plastic Center, Inc., the
proceeds of which obligations will be used to
carry out certain of the special financing activi-
ties described in the Urban Renewal Plan for
the Greater Downtown Urban Renewal District,
consisting of the funding of economic devel-
opments grants to Plastic Center, Inc., pursu-
ant to the Development Agreement under the
terms and conditions of said Urban Renewal
Plan. It is expected that the aggregate amount
of the Tax Increment Revenue obligations is
approximately $325,250.
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 circula-
tion in said City, said publication to be not less
than four days nor more than twenty days be-
fore 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.
Passed, approved and adopted this 18th
day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
North Cascade Road Bridge Construction
Project: City Manager recommending initiation
of the public bidding process for the North
Cascade Road Bridge Project and that a public
hearing be set for February 7, 2011 to consid-
er approval of the plans and specifications,
form of contract, and estimated cost. Upon
motion the documents were received and filed
and Resolution No. 18 -11 Preliminary approval
of plans, specifications, form of contract, and
estimated cost, setting date of public hearing
and ordering bids for the North Cascade Road
Bridge Project was adopted setting a public
hearing for a meeting to commence at 6:30
p.m. on February 7, 2011 in the Historic Fed-
eral Building.
RESOLUTION NO. 18 -11
SOUTHWEST ARTERIAL PROJECT
NORTH CASCADE ROAD
BRIDGE CONSTRUCTION
IOWA DOT PROJECT
NO. HDP -2100 (661)- -71 -31
SETTING DATE OF PUBLIC HEARING ON
PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATED COST
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 North Cas-
cade Road Bridge Construction Project (Phase
II of the Southwest Arterial Project), Iowa, DOT
Project No. HDP -2100 (661)-- 71 -31, in the
estimated amount $1,887,600, are hereby
preliminarily approved and ordered filed in the
office of the City Clerk for public inspection.
A public hearing will be held on the 7th day
of February, 2011, at 6:30 p.m. in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa, 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
14 Regular Session January 18, 2011 Book 141
published in a newspaper having general cir-
culation 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 inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
Passed, adopted and approved this 18th
day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fiscal Year 2012 Annual Action Plan: City
Manager recommending that a public hearing
be set for March 1, 2011 to consider approval
of the Fiscal Year 2012 Community Develop-
ment Block Grant (CDBG) Annual Action Plan.
Upon motion the documents were received
and filed and Resolution No. 19 -11 Setting a
public hearing on the Fiscal Year 2012 (Pro-
gram Year 2011) Community Development
Block Grant (CDBG) Annual Action Plan was
adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on March 1, 2011 in
the Historic Federal Building.
RESOLUTION NO. 19 -11
SETTING A PUBLIC HEARING ON THE
FISCAL YEAR 2012 (PROGRAM YEAR
2011) COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) ANNUAL ACTION PLAN
Whereas, the City of Dubuque has,
through a series of public meetings and hear-
ings, finalized a Fiscal Year 2012 (Program
Year 2011) Community Development Block
Grant Annual Action Plan addressing both
housing and non - housing needs in the com-
munity; and
Whereas, copies of the draft Fiscal Year
2012 (Program Year 2011) CDBG Annual Ac-
tion Plan will be available for public comment
for 30 days prior to City Council action; and
Whereas, the City's Community Develop-
ment Advisory Commission has reviewed and
recommended adoption of the Annual Action
Plan.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council will meet
in the Historic Federal Building, Council
Chambers, 2od Floor, 350 West 6th Street,
Dubuque, Iowa, at 6:30 p.m. on March 1, 2011
for the purpose of holding a public hearing and
taking action on the Fiscal Year 2012 (Pro-
gram Year 2011) Community Development
Block Grant Annual Action Plan.
Section 2. That the City Clerk be and is
hereby authorized and directed to publish a
notice of such public hearing and the City
Council's intent to review and take action on
the Fiscal Year 2012 (Program Year 2011)
Community Development Block Grant Annual
Plan.
Passed, approved and adopted this 18th
day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque Industrial Center Economic De-
velopment District: City Manager recommend-
ing that a public hearing be set for March 7,
2011 to consider an amendment to the Dubu-
que Industrial Center Economic Development
District. Upon motion the documents were
received and filed and Resolution No. 20 -11
Resolution of Necessity finding that certain
areas adjacent to the Dubuque Industrial Cen-
ter Economic Development District meet the
definition of an Economic Development Area
under the Urban Renewal Law, and that de-
velopment of said areas is necessary in the
interest of the residents of the City of Dubu-
que, Iowa, was adopted setting a public hear-
ing for a meeting to commence at 6:30 p.m. on
March 7, 2011 in the Historic Federal Building.
RESOLUTION NO. 20 -11
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 DEVELOP-
MENT OF SAID AREAS IS NECESSARY IN
THE INTEREST OF THE RESIDENTS OF
THE CITY OF DUBUQUE, IOWA
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 de-
velopment 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.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
Book 141 Regular Session January 18, 2011 15
DUBUQUE, IOWA:
Section 1. That the following described ar-
ea, which is proposed to be added to the
Dubuque Industrial Center Economic Devel-
opment 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 2 of 1 of the
South Fork Subdivision No. 1, includ-
ing 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 2. That the development of the
above - described expansion area is necessary
and appropriate to facilitate the proper growth
and development of the community in accord-
ance with sound planning and local community
objectives.
Section 3. That the City Manager is author-
ized and directed to prepare an amendment to
the Amended and Restated Urban Renewal
Plan for the Dubuque Industrial Center Eco-
nomic Development District for the purpose of
including the above - described area in the Dis-
trict, 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 4. That the City Clerk is directed to
publish notice of a public hearing on the adop-
tion of the proposed amendment to the
Amended and Restated Urban Renewal Plan
for the Dubuque Industrial Center Economic
Development District to be held on March 7th
2011 at 6:30 p.m. in the Historic Federal Build-
ing, 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 5. That the City Clerk is further di-
rected 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 Supervi-
sors and the Northeast Iowa Community Col-
lege, as the affected taxing entities.
Passed, approved and adopted this 18th
day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Greater Downtown Urban Renewal District:
City Manager recommending that a public
hearing be set for March 7, 2011 to consider
an amendment to the Greater Downtown Ur-
ban Renewal District to include the South Bluff
Street Subarea. Upon motion the documents
were received and filed and Resolution No. 21-
11 Resolution of Necessity finding that certain
areas adjacent to the Greater Downtown Ur-
ban Renewal District meet the definition of a
blighted area under the Urban Renewal Law,
and that development of said area is neces-
sary in the interest of the residents of the City
of Dubuque, Iowa, 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. 21 -11
A RESOLUTION OF NECESSITY FINDING
THAT CERTAIN AREAS ADJACENT TO
THE GREATER DOWNTOWN URBAN RE-
NEWAL DISTRICT MEET THE DEFINITION
OF A BLIGHTED AREA UNDER THE UR-
BAN RENEWAL LAW, AND THAT DEVEL-
OPMENT OF SAID AREAS IS NECESSARY
IN THE INTEREST OF THE RESIDENTS OF
THE CITY OF DUBUQUE, IOWA.
Whereas, the City Council of the City of
Dubuque has heretofore, by Resolution No.
269 -10 adopted on July 19, 2010 approved the
Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal
District (a merger of the Downtown Dubuque
and Ice Harbor Urban Renewal Districts) (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 a blighted area as found in Chap-
ter 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 de-
velopment 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.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
16 Regular Session January 18, 2011 Book 141
DUBUQUE, IOWA:
Section 1. That the following generally de-
scribed area, which is proposed to be added to
the Greater Downtown Urban Renewal District,
is a blighted area as defined by Chapter 403 of
the Iowa Code and is appropriate for an urban
renewal project, to wit:
South Bluff Street Subarea
Commencing as a point of reference
at the intersection of the centerlines of
Emmett Street and Bluff Street in the
City of Dubuque, Dubuque County,
Iowa, said point being the point of be-
ginning; thence southeasterly along
the centerline of Bluff Street to a point
of intersection with the centerline W.
First Street; thence southwesterly
along the centerline W. First Street to
the centerline of Bluff Street; thence
southwesterly along the centerline of
Bluff Street to a point of intersection
with the centerline Dodge Street;
thence southwesterly along the cen-
terline Dodge Street to a point of in-
tersection with the easterly line of Lot
3 of City Lot 694 extended southeast-
erly; thence northwesterly along the
easterly line of said Lot 3 of City Lot
694 and Lot 1 -1 and 2 -1 of City Lot
694 to the southwest corner of Lot 1 -2
of City Lot 694; thence northeasterly
along said southerly line of said Lot 1-
2 of City Lot 694 to the southeast cor-
ner of said Lot; thence northwesterly
along said easterly line of Lot 1 -2 of
City Lot 694 to a point of intersection
with the southerly line of Lot 12 of
Saint Raphael's Addition; thence
northeasterly along said southerly line
of said Lot 12 and extension thereof
to the centerline of St. Mary's Street;
thence northwesterly along the cen-
terline of St. Mary's Street to a point
of intersection with the centerline of
Emmett St.; thence northeasterly
along the centerline of Emmett St. to
centerline of Bluff Street, said point
being point of beginning.
Section 2. That the development of the
above - described expansion area is necessary
and appropriate to facilitate the proper growth
and development of the community in accord-
ance with sound planning and local community
objectives.
Section 3. That the City Manager is author-
ized and directed to prepare an Amended and
Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District for the pur-
pose of including the above - described areas in
the District, to forward said amendment to the
City's Long Range Planning Commission for
review and comment, and to begin the consul-
tation process required by law with affected
taxing entities.
Section 4. That the City Clerk is directed to
publish notice of a public hearing on the adop-
tion of the proposed Amended and Restated
Urban Renewal Plan for the Greater Down-
town Urban Renewal District to be held on
March 7, 2011 at 6:30 p.m. in the Historic
Federal Building, 350 West 6th Street, Dubu-
que, Iowa, 52001 and that said notice shall
generally identify the areas covered by the
Amended and Restated Plan, the areas pro-
posed to be added to the District, and the gen-
eral scope of the urban renewal activities
planned for such areas, and that said notice
shall be published and available to the public
not less than four days nor more than twenty
days before the date of said meeting. A copy
of the notice of public hearing shall be sent by
ordinary mail to the affected taxing entities.
Section 5. That the City Clerk is further di-
rected to send by ordinary mail a copy of said
Plan and notice of public hearing to the Dubu-
que Community School District, the County
Board of Supervisors and the Northeast Iowa
Community College, as the affected taxing
entities.
Passed, approved and adopted this 18th
day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS /COMMISSIONS
Sister City Relationships Advisory Com-
mission: City Attorney recommending that the
membership of the Sister City Relationships
Advisory Commission be increased from elev-
en members to thirteen members (two repre-
sentatives of the City Council and eleven at-
large members) and that five at -large mem-
bers be appointed for terms ending February
1, 2014. 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 Resnick. Motion
carried 6 -0.
Motion by Jones for final consideration and
passage of Ordinance No. 1 -11 Amending City
of Dubuque Code of Ordinances Title 2 Boards
and Commissions; Chapter 10 Sister City Re-
lationships Advisory Commission; Section 2-
10-5 Membership by increasing the member-
ship to thirteen members, and Section 2 -10 -6
Terms providing that five members are ap-
pointed for terms ending February 1, 2014.
Seconded by Resnick. Motion carried 6 -0.
Book 141 Regular Session January 18, 2011 17
OFFICIAL PUBLICATION
ORDINANCE NO. 1 -11
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS CHAPTER 10 SISTER CITY
RELATIONSHIPS ADVISORY COMMISSION
SECTION 2 -10 -5 MEMBERSHIP BY IN-
CREASING THE MEMBERSHIP TO THIR-
TEEN MEMBERS, AND SECTION 2 -10 -6
TERMS PROVIDING THAT FIVE MEMBERS
ARE APPOINTED FOR TERMS ENDING
FEBRUARY 1, 2014
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordi-
nances Section 2 -10 -5 is amended to read as
follows:
2 -10 -5: Membership: The Commission
shall consist of thirteen (13) members ap-
pointed by the City Council.
1. Two (2) members shall be repre-
sentatives of the City Council.
2. Eleven (11) members shall be at-
large residents of the City, appointed
by the City Council.
Section 2. City of Dubuque Code of Ordi-
nances Section 2 -10 -6 is amended to read as
follows:
2 -10 -6: Terms: The initial terms of
Commissioners will be as follows: three (3)
Commissioners for terms ending February
1, 2012, three (3) Commissioners for terms
ending February 1, 2013 and five (5)
Commissioners for terms ending February
1, 2014. Thereafter, each member of the
Commission shall hold office for three (3)
years or until such member's successor is
appointed and qualified.
Section 3. This ordinance shall take effect
upon publication.
Passed, approved and adopted the
18th day of January, 2011.
/s /Roy D. Buol, Mayor
Attest:
/s /Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 2ir day of January, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Applicants are invited to address the City
Council regarding their desire to serve on the
following Boards /Commissions:
Community Development Advisory Com-
mission: One 3 -year term through February
15, 2014 (Term of Michalski). Applicant: Ann
Michalski, 1520 Altura Drive. Ms Michalski
spoke in support of her reappointment.
Appointments to the following
Boards/Commissions:
Housing Code Appeals Board: One 3 -year
term through January 11, 2014 (Term of
Young). Applicant: David Young, 1572 Central
Avenue. Motion by Connors to appoint David
Young to the Housing Code Appeals Board for
a 3 -year term through January 11, 2014. Se-
conded by Lynch. Motion carried 6 -0.
Sister City Relationships Advisory Com-
mission: Setting 11 Initial Terms: Three 1 -year
terms through February 1, 2012; Three 2 -year
terms through February 1, 2013; and Five 3-
year terms through February 1, 2014. Appli-
cants. Sheila Castaneda, 1014 Dunham Drive;
Michael Coty, 125 Bluff Street; Larissa Filimo-
nenko, 2260 Samantha Drive; Jeffrey Jochum,
3750 Aerostar Drive; Richard Landis, 2390
Clarke Crest Drive; Pat McNamara, 1041
Shady Oaks Drive; William Mclntee, 1339
Belmont Street; Eric Miller, 1290 W. 5th Street,
#1; Betty Phillips, 3047 Kane Court; Louise
Thurn, 3037 Kaufmann Avenue; and Annalee
Ward, 2758 Tiffany Court.
Motion by Jones to appoint Richard Landis
to the Sister City Relationships Advisory
Commission for one 3 -year term through Feb-
ruary 1, 2014. Seconded by Connors. Motion
carried 6 -0.
Motion by Jones to appoint the remaining
applicants by lottery. Seconded by Connors.
Mayor Pro -Tem Braig and Council Member
Lynch drew the lottery with the following re-
sults: Sheila Castaneda, Larissa Filimonenko,
Eric Miller, and Annalee Ward were appointed
to 3 -year terms through February 1, 2014;
Michael Coty, Betty Phillips, and Louise Thurn
were appointed to 2 -year terms through Feb-
ruary 1, 2013; and Jeffrey Jochum, Pat
McNamara, and William Mclntee were ap-
pointed to 1 -year terms through February 1,
2012. Motion carried 6 -0.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
Request to Amend ID Institutional District —
University of Dubuque: Proof of publication on
notice of public hearing to consider a request
from the University of Dubuque to amend the
ID Institutional District to allow construction of
three residence halls on the south campus
west of University Park Drive and Zoning Advi-
sory Commission recommending approval.
Motion by Lynch to receive and file the docu-
ments and that the requirement that a pro-
posed ordinance be considered and voted on
for passage at two Council meetings prior to
the meeting at which it is to be passed be sus-
pended. Seconded by Jones. James Steiner,
Vice President of Finance and Auxiliary Ser-
vices for the University of Dubuque, reviewed
the project to date. Assistant City Planner Kyle
18 Regular Session January 18, 2011 Book 141
Kritz provided a staff report. Responding to
questions from City Council, City Engineer
Gus Psihoyos further described the under-
ground storm water detention technology
planned for this project and stated that he did
not foresee any issues with it. Motion carried
6 -0.
Motion by Jones for final consideration and
passage of Ordinance No. 2 -11 Amending
Title 16 of the Code of Ordinances, Unified
Development Code, by providing for the ap-
proval of an amended Campus Development
Plan for the University of Dubuque to allow
construction of three (3) residence halls on the
south campus west of University Park Drive.
Seconded by Resnick. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 2 -11
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY PROVID-
ING FOR THE APPROVAL OF AN AMEND-
ED CAMPUS DEVELOPMENT PLAN FOR
THE UNIVERSITY OF DUBUQUE TO AL-
LOW CONSTRUCTION OF THREE (3) RES-
IDENCE HALLS ON THE SOUTH CAMPUS
WEST OF UNIVERSITY PARK DRIVE
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code, be amended by providing for
the approval of an amended campus devel-
opment plan for the University of Dubuque ID
Institutional District, a copy of which is on file
with the City of Dubuque Planning Services
Department.
Section 2. Institutional District Regulations.
A. Use Regulations
The following regulations shall
apply to all uses made of land in the
above - described ID Institutional Dis-
trict:
1. Principal permitted uses shall be
limited to:
a. Offices for administrative
personnel or other institutional em-
ployees and affiliates.
b. Churches, libraries, and mu-
seums.
c. Classrooms, laboratories,
lecture halls, and similar places of in-
stitutional assembly.
d. Off - street parking and load-
ing.
e. Recreational or athletic fa-
cilities for the primary use and benefit
of institutional residents or affiliates.
f. Single- family, two- family or
multi - family dwellings for the housing
of institutional residents or affiliates.
2. Accessory Uses. The following us-
es shall be permitted as accessory
uses in the above - described ID Insti-
tutional District.
a. Located entirely within a
principal building, bookstores, or bars
seating not more than seventy -five
(75) persons at one time and located
not closer than two hundred feet
(200') from the nearest Residential or
Office Residential District.
b. All uses customarily inci-
dental to the principal permitted uses
in conjunction with which such acces-
sory uses operated or maintained, but
not to include commercial use outside
the principal building.
3. No conditional uses shall be al-
lowed.
B. Lot and Bulk Regulations
Development of land in the ID In-
stitutional District shall be regulated
as follows:
The proposed residence halls and
associated parking lot shall be con-
structed in substantial conformance
with the attached amended campus
development plan.
C. Performance Standards
The development and mainte-
nance of uses in this ID Institutional
District shall be established in con-
formance with Section 5 -22 of the
Unified Development Code and the
following standards:
1. The storm water control shall be
designed and built in accordance with
City Regulations subject to review
and approval by the City of Dubuque
Engineering Department.
2. That appropriate erosion and sed-
iment control will be installed prior to
commencement of any land disturb-
ing activity related to the subject pro-
ject, including all required state and
city permits related to erosion control.
3. That a six -foot high chain
link fence shall be installed beginning
at the south end of the parking lot re-
taining wall and ending at the south
end of the parking lot.
4. New outdoor lighting shall utilize
72- degree cut -off luminaries.
5. Landscaping shall be provided in
compliance with Article 13 of the Uni-
fied Development Code.
6. All utilities, including telephone and
cable television, shall be installed un-
derground.
Book 141 Regular Session January 18, 2011 19
7. Final site plans shall be submitted
in accordance with Articles 12 and 13
of the Unified Development Code.
D. Parking Requirements
The off - street parking requirements
for the principal permitted uses for the
herein described ID Institutional Dis-
trict shall be regulated as follows.
The number, size and layout of
off - street parking shall be in substan-
tial compliance with the amended
campus plan.
The design of the parking lot shall
comply with Article 13 of the Unified
Development Code.
Any significant expansion or re-
duction in the number of off - street
parking spaces must be reviewed by
Planning Services staff for compli-
ance with the adopted Institutional
District regulations.
E. Sign Regulations
The sign regulations shall be the
same as that which are allowed in the
ID Institutional District as established
in Article 15 of the Unified Develop-
ment Code.
F. Additional Standards
That all previously approved
campus development plans are here-
by amended to allow for the attached
campus development plan.
G. Transfer of Ownership
Transfer of ownership of property
in this ID Institutional District requires
rezoning of the property to an appro-
priate zoning district.
H. Modifications
Any modifications of this Ordi-
nance must be approved by the City
Council in accordance with zoning re-
classification proceedings of Article 9
of the Unified Development Code.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 4. The foregoing amendment shall
take effect upon publication, as provided by
law.
Passed, approved and adopted this
18th day of January, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Jeanne F. Schneider, CMC, City
Clerk
Published officially in the Telegraph Herald
Newspaper the 24th day of January, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Request to Amend ID Institutional District —
University of Dubuque: Proof of publication on
notice of public hearing to consider a request
from the University of Dubuque to amend the
ID Institutional District to allow construction of
a Performing Arts Center at the corner of Ben-
nett, McCormick and Grace Streets and Zon-
ing Advisory Commission recommending ap-
proval. 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. James
Steiner, Vice President of Finance and Auxilia-
ry Services for the University of Dubuque, re-
viewed the project to date. Assistant City
Planner Kyle Kritz provided a staff report. Re-
sponding to questions from City Council, Mr.
Steiner stated that in an effort to prevent park-
ing congestion, campus events would be
scheduled in the new facility only during the
daytime hours of the school year with the
large, community events scheduled at night,
on weekends, or during the summer months
when students are away. Motion carried 6 -0.
Motion by Connors for final consideration
and passage of Ordinance No. 3 -11 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by provid-
ing for the approval of an amended Campus
Development Plan for the University of Dubu-
que ID Institutional District to allow construc-
tion of a Performing Arts Center and associat-
ed parking lot at the corner of Bennett,
McCormick and Grace Streets. Seconded by
Jones. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 3 -11
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY PROVID-
ING FOR THE APPROVAL OF AN AMEND-
ED CAMPUS DEVELOPMENT PLAN FOR
THE UNIVERSITY OF DUBUQUE ID INSTI-
TUTIONAL DISTRICT TO ALLOW CON-
STRUCTION OF A PERFORMING ARTS
CENTER AND ASSOCIATED PARKING LOT
AT THE CORNER OF BENNETT, MCCOR-
MICK AND GRACE STREETS
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 Devel-
opment Code, be amended by providing for
the approval of an amended campus devel-
opment plan for the University of Dubuque ID
Institutional District, a copy of which is on file
with the City of Dubuque Planning Services
Department.
Section 2. Institutional District Regulations.
A. Use Regulations
20 Regular Session January 18, 2011 Book 141
The following regulations shall ap-
ply to all uses made of land in the
above - described ID Institutional
District:
1. Principal permitted uses shall
be limited to:
a. Offices for administrative
personnel or other institutional
employees and affiliates.
b. Churches, libraries, and mu-
seums.
c. Classrooms, laboratories,
lecture halls, and similar places of
institutional assembly.
d. Off-street parking and load-
ing.
e. Recreational or athletic fa-
cilities for the primary use and
benefit of institutional residents or
affiliates.
f. Single- family, two- family or
multi - family dwellings for the hous-
ing of institutional residents or affil-
iates.
2. Accessory Uses. The following
uses shall be permitted as accessory
uses in the above - described ID Insti-
tutional District.
a. Located entirely within a
principal building, bookstores, or
bars seating not more than seven-
ty -five (75) persons at one time
and located not closer than two
hundred feet (200') from the near-
est Residential or Office Residen-
tial District.
b. All uses customarily inci-
dental to the principal permitted
uses in conjunction with which
such accessory uses operated or
maintained, but not to include
commercial use outside the princi-
pal building.
3. No conditional uses shall be
allowed.
B. Lot and Bulk Regulations
Development of land in the ID In-
stitutional District shall be regulat-
ed as follows:
The proposed Performing Arts
Center and proposed parking lot at
the corner of Bennett, McCormick
and Grace Streets shall be con-
structed in substantial conform-
ance with the attached amended
campus development plan.
C. Performance Standards
The development and mainte-
nance of uses in this ID Institu-
tional District shall be established
in conformance with Section 5 -22
of the Unified Development Code
and the following standards:
1. The storm water control
shall be designed and built in accord-
ance with City Regulations subject to
review and approval by the City of
Dubuque Engineering Department.
2. That appropriate erosion
and sediment control will be installed
prior to commencement of any land
disturbing activity related to the sub-
ject project, including all required
state and city permits related to ero-
sion control.
3. New outdoor lighting shall
utilize 72- degree cut -off luminaries.
4. Landscaping shall be pro-
vided in compliance with Article 13 of
the Unified Development Code.
5. All utilities, including tele-
phone and cable television, shall be
installed underground.
6. Final site plans shall be
submitted in accordance with Articles
12 and 13 of the Unified Development
Code.
D. Parking Requirements
The off - street parking require-
ments for the principal permitted
uses for the herein described ID
Institutional District shall be regu-
lated as follows.
1. The number, size and layout
of off - street parking shall be in
substantial compliance with the
amended campus plan.
2. The design of the parking lot
shall comply with Article 13 of the
Unified Development Code.
3. Any significant expansion or
reduction in the number of off -
street parking spaces must be re-
viewed by Planning Services staff
for compliance with the adopted
Institutional District regulations.
E. Sign Regulations
The sign regulations shall be the
same as that which are allowed in
the ID Institutional District as es-
tablished in Article 15 of the Uni-
fied Development Code.
F. Additional Standards
That all previously approved cam-
pus development plans are hereby
amended to allow for the attached
campus development plan.
G. Transfer of Ownership
Transfer of ownership of property
in this ID Institutional District re-
quires rezoning of the property to
an appropriate zoning district.
H. Modifications
Book 141 Regular Session January 18, 2011 21
Any modifications of this Ordi-
nance must be approved by the
City Council in accordance with
zoning reclassification proceed-
ings of Article 9 of the Unified De-
velopment Code.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 4. The foregoing amendment shall
take effect upon publication, as provided by
law.
Passed, approved and adopted the 18th
day of January, 2011.
/s /Roy D. Buol, Mayor
Attest:
/s /Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 2ir day of January, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Request to Rezone — 2981 Central Ave-
nue: Proof of publication on notice of public
hearing to consider a request from Adam
Johnson / Pegasus Properties to rezone prop-
erty at 2981 Central Avenue from R -1 Single -
Family Residential District to OR Office Resi-
dential District and Zoning Advisory Commis-
sion recommending approval. Motion by Con-
nors 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. Developer Adam Johnson of Pegasus
Properties, 211 4th Street, Galena, IL, spoke in
support of the proposed ordinance. Assistant
City Planner Kyle Kritz provided a staff report.
Motion by Connors for final consideration
and passage of Ordinance No. 4 -11 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by reclas-
sifying hereinafter described property located
at 2981 Central Avenue from R -1 Single -
Family Residential District to OR Office Resi-
dential District. Seconded by Jones. Motion
carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 4 -11
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 2981 CENTRAL
AVENUE FROM R -1 SINGLE - FAMILY RESI-
DENTIAL DISTRICT TO OR OFFICE RESI-
DENTIAL 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 Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter described property from
R -1 Single - Family Residential to OR Office
Residential District, to wit: Lot 1 of 1 Paragon
Square, 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 Advi-
sory Commission of the City of Dubuque, lo-
wa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted the 18th
day of January, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Jeanne F. Schneider, CMC, City
Clerk
Published officially in the Telegraph Herald
Newspaper the 24 day of January, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Release of Easements — Lot 1 of Yiannias
Place: Proof of publication on notice of public
hearing to consider a request from Brian Kane,
representing Key City Investment Company,
for the release of easements in Yiannias Place
in the City of Dubuque and City Manager rec-
ommending approval. Motion by Jones to re-
ceive and file the documents and adopt Reso-
lution No. 22 -11 Disposing of City interest in
Easement "B" and Easement "D" in Lot 1 and
Lot 1A of Yiannias Place in the City of Dubu-
que, Dubuque County, Iowa. Seconded by
Connors. Motion carried 6 -0.
RESOLUTION NO. 22 -11
DISPOSING OF CITY INTEREST IN EASE-
MENT "B" AND EASEMENT "D" IN LOT 1
AND LOT 1A OF YIANNIAS PLACE IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA
Whereas, pursuant to resolution and pub-
lished notice of time and place of hearing, pub-
lished in the Telegraph Herald, a newspaper of
general circulation published in the City of
Dubuque, Iowa on this 7th day of January,
2011, the City Council of the City of Dubuque,
Iowa met on the 18th day of January, 2011, at
6:30 p.m. in the Historic Federal Buildinp,
Council Chambers (second floor), 350 West 6
Street, Dubuque, Dubuque County, Iowa to
consider the Release of Easements on and
over real estate described as: Lot 1 and Lot 1A
of Yiannias Place in the City of Dubuque, Io-
wa; and
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objec-
tions, oral or written to the proposal to sell
22 Regular Session
January 18, 2011 Book 141
such real estate, except for easement as not-
ed.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the release of easements
of City of Dubuque interest in Easement "B" for
sanitary sewer and Easement "D" for access
purposes in real estate described as Lot 1 and
Lot 1A of Yiannias Place in the City of Dubu-
que, Dubuque County, Iowa, to Key City In-
vestment Company be and the same is hereby
approved for the sum of the publication and
filing fees. Conveyance shall be by Quit Claim
Deed.
Section 2. That the Mayor be authorized
and directed to execute a Quit Claim Deed,
and the City Clerk be and is hereby authorized
and directed to deliver said deed of convey-
ance to Key City Investment Company upon
receipt of the publication and filing fees paid in
full.
Section 3. That the City Clerk be and is
hereby authorized and directed to record a
certified copy of this resolution in the offices of
the City Assessor, Dubuque County Recorder
and Dubuque County Auditor.
Passed, approved and adopted this 18th
day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
Amendments to the Housing Code (First
Reading on January 3, 2011): Communication
from John Herrig requesting a sit down work
session with the City Council or an appear-
ance before the City Council to be heard in
reference to the Action Item — Amendments to
the Housing Code, as proposed. Motion by
Jones to receive and file the documents and
that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Resnick. Council Mem-
ber Resnick read Mr. Herrig's communication
into the Record. Motion carried 6 -0.
Motion by Connors for final consideration
and passage of Ordinance No. 5 -11 Amending
City of Dubuque Code of Ordinances Title 6
Health, Housing, Sanitation, and Environment,
Chapter 6 Housing Regulations, Section 6 -6 -7
Licenses and Inspections requiring a property
owner, manager, or licensed real estate pro-
fessional to participate in the crime free multi -
housing program as a condition of a license
issuance or renewal for a rental dwelling oper-
ating license; and Ordinance No. 6 -11 Amend-
ing the City of Dubuque Code of Ordinances
Title 6 Health, Housing, Sanitation, and Envi-
ronment, Chapter 6 Housing Regulations by
adopting a new Section 6 -6 -11 Priority Catego-
ry; amending Chapter 6 Housing Regulations
by adopting a new Section 6 -6 -12 Procedure
for Hearing Appeal of Priority Category Status;
and amending Chapter 6 Housing Regulations
by adopting a new Section 6 -6 -13 Inspection
of Properties Owned by Priority Category. Se-
conded by Jones. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 5 -11
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 6 HEALTH, HOUSING,
SANITATION, AND ENVIRONMENT, CHAP-
TER 6 HOUSING REGULATIONS, SECTION
6 -6 -7 LICENSES AND INSPECTIONS RE-
QUIRING A PROPERTY OWNER, MANAG-
ER, OR LICENSED REAL ESTATE PRO-
FESSIONAL TO PARTICIPATE IN THE
CRIME FREE MULTIHOUSING PROGRAM
AS A CONDITION OF A LICENSE ISSU-
ANCE OR RENEWAL FOR A RENTAL
DWELLING OPERATING LICENSE
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6 -6 -7 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
6 -6 -7. LICENSES AND INSPECTIONS:
A. Rental Dwelling Operating License:
1. License Required: No prop-
erty owner, manager, or licensed real
estate professional may operate a
"rental dwelling unit ", as defined by
this Housing Code, in the city unless
such person holds a current rental
dwelling operating license issued by
the city manager in the name of the
property owner, manager, or licensed
real estate professional for the specif-
ic named dwelling.
2. Terms of Operating Licens-
es:
a. Every operating li-
cense issued will be for a
term of one (1) calendar
year from the date of its is-
suance, and upon applica-
tion, may be renewed and
remain effective for succes-
sive periods of one (1) cal-
endar year unless sooner
revoked by the city manager
for noncompliance with any
applicable provision of this
Housing Code.
Book 141 Regular Session January 18, 2011 23
b. If a property owner,
manager, or licensed real
estate professional is desig-
nated a habitual violator of
the Housing Code under
Section 6 -6 -11 of the Code
of Ordinances, the city man-
ager may suspend, revoke,
or reduce the term of the
rental license from an annu-
al license to a quarterly li-
cense until such time as the
habitual violator has gone
twelve (12) consecutive
months without a violation
which would qualify the indi-
vidual for habitual violator
status.
c. A rental dwelling
operating license may be
transferred from one proper-
ty owner, manager, or li-
censed real estate profes-
sional to another property
owner, manager, or licensed
real estate professional,
provided notice of transfer is
given in writing to the city
manager not less than five
(5) working days prior to the
proposed transfer. Such no-
tice must include the name
and address of the property
owner, manager, or licensed
real estate professional suc-
ceeding to the ownership or
control of such licensed
dwelling.
d. A rental dwelling
operating license is not
transferable from one dwell-
ing to another dwelling.
e. A property owner,
manager, or licensed real
estate professional holding
an operating license must
give notice in writing to the
city manager not less than
five (5) working days after
having transferred or other-
wise disposed of the owner-
ship or control of the li-
censed dwelling. Such no-
tice must include the name
and address of the property
owner, manager, or licensed
real estate professional suc-
ceeding to the ownership or
control of such licensed
dwelling.
3. Suspension /Revocation:
a. The city manager
may, for good cause, sus-
pend or revoke a rental
dwelling operating license
for a dwelling, and in the
case of a multi - family dwell-
ing, suspend the license as
to one (1) or more units for a
period not to exceed one (1)
year for any of the following:
(4) Nonpay-
ment of the fee for
renewal of the
dwelling operating
license;
(5) Failure to
attend the Crime
Free Multi- housing
Program; or
(6) Failure to
perform a required
criminal back-
ground check on an
applicant for tenan-
cy.
b. Prior to any sus-
pension or revocation under
this subsection, the city
manager must give notice in
writing to the property man-
ager, owner, or licensed real
estate professional and pro-
vide for an opportunity to
appeal under Section 6 -6 -9
of the Code of Ordinances.
c. During the period of
revocation or suspension, a
unit for which the license
was suspended or revoked
may not be relicensed.
4. Licenses: The city manager
is hereby authorized to issue and re-
new a rental dwelling operating li-
cense in the name of the applicant
property owner, manager, or licensed
real estate professional, provided the
following criteria are met:
a. The property own-
er, manager, or licensed real
estate professional must first
make application therefor on
an application provided by
the city manager.
b. The dwelling for
which a rental dwelling op-
erating license is sought is
warranted by the property
owner, manager, or licensed
real estate professional to
24 Regular Session January 18, 2011 Book 141
substantially comply with
this Housing Code.
d. The property own-
er, manager, or licensed real
estate professional must
designate a responsible
agent to represent the prop-
erty owner, manager, or li-
censed real estate profes-
sional whenever the proper-
ty owner, manager, or li-
censed real estate profes-
sional is not available for
maintenance of the dwelling
for which a license is sought.
The agent must have the
same authority and respon-
sibility as the property own-
er, manager, or licensed real
estate professional for main-
taining the dwelling.
e. The property owner
or manager must have com-
pleted the Crime Free Multi -
housing Program (the Pro-
gram) or a program of con-
tinuing education approved
by the city manager as fol-
lows:
(1) A property
owner or manager
who manages over
ten (10) rental units
must complete the
Program within
twelve (12) months
of the passage of
this ordinance.
(2) A property
owner or manager
who manages be-
tween five (5) and
nine (9) rental units
must complete the
Program within
twenty -four (24)
months of the pas-
sage of this ordi-
nance.
(3) A property
owner or manager
who manages be-
tween one (1) and
four (4) rental units
must complete the
Program within thir-
ty -six (36) months
of the passage of
this ordinance.
(4) Until such
time as the proper-
ty owner or man-
ager has completed
the Program or an
equivalent program
of continuing edu-
cation approved by
the city manager,
only a temporary
rental license may
be issued.
(5) A property
owner or manager
who has completed
the Program since
2000 according to
the city's records,
or who can provide
other proof of com-
pletion, will be ex-
empted from this
requirement.
(6) Licensed
real estate profes-
sionals are ex-
empted from the
Crime Free Multi -
housing Program
attendance re-
quirement.
f. The property own-
er, manager, or licensed real
estate professional agrees
to conduct background
checks for all prospective
tenants whose tenancy
commences on or after July
1, 2011. A background
check may be performed us-
ing the city's free back-
ground check service or by
another background check
service approved by the city
manager.
6. Relationship of License to
Other Codes: The issuance of a li-
cense for a rental dwelling unit does
not in any way signify or imply that
the rental dwelling unit conforms with
Iowa law and the Code of Ordinanc-
es, nor does the issuance of a license
relieve the property owner, manager,
or licensed real estate professional of
the responsibility for compliance with
applicable Iowa law and the Code of
Ordinances.
B. Inspections:
1. General: All real or personal
property used or intended to be used
for residential purposes is subject to
inspection by the city manager or city
manager's designee:
Book 141 Regular Session January 18, 2011 25
a. Whenever request-
ed and approved by the
property owner, manager, li-
censed real estate profes-
sional, or occupant;
c. Whenever, upon
inspection, a violation of this
Housing Code is found, and
notice and order to correct is
given, the dwelling unit is
subject to re- inspection to
determine if the required
corrections have been
made;
d. When the dwelling
unit is located in any area
designated by the city for
comprehensive block en-
forcement of the Housing
Code; or,
2. Inspection Requirements for
All Licensed Dwellings:
a. All rental dwelling
units are subject to regular
Housing Code enforcement
inspection and follow -up re-
inspection as necessary.
There will be no charge for
the initial rental dwelling unit
inspection, for any complaint
generated inspection, and
for two (2) follow -up re-
inspections. For each re-
quired additional follow -up
re- inspection, a re-
inspection fee must be paid
by the property owner, man-
ager, or licensed real estate
professional in an amount
set by the city manager.
b. Not less than seven
(7) calendar days prior to a
scheduled inspection, the
city manager or the city
manager's designee will mail
written notice by regular mail
to the license holder and any
known tenants of the date
and time of a scheduled in-
spection. If the license hold-
er or an authorized repre-
sentative of the license
holder fails to be present at
the time of the scheduled in-
spection and the inspector is
unable to obtain entry to the
dwelling unit, a second in-
spection will be scheduled
and a rescheduling fee must
be paid by the license holder
in an amount set by the city
manager.
c. The license holder
may cancel a scheduled in-
spection one (1) time without
payment of the rescheduling
fee, provided the city man-
ager or the city manager's
designee is notified of the
cancellation not less than
forty eight (48) hours prior to
the scheduled inspection.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved and adopted the 18th
day of January, 2011.
/s /Roy D. Buol, Mayor
Attest:
/s /Jeanne F. Schneider, CMC, City Clerk
Published officiallx, in the Telegraph Herald
Newspaper the 25 day of January, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 6 -11
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES TITLE 6 HEALTH, HOUS-
ING, SANITATION, AND ENVIRONMENT,
CHAPTER 6 HOUSING REGULATIONS BY
ADOPTING A NEW SECTION 6 -6 -11 PRIOR-
ITY CATEGORY; AMENDING CHAPTER 6
HOUSING REGULATIONS BY ADOPTING A
NEW SECTION 6 -6 -12 PROCEDURE FOR
HEARING APPEAL OF PRIORITY CATE-
GORY STATUS; AND AMENDING CHAP-
TER 6 HOUSING REGULATIONS BY
ADOPTING A NEW SECTION 6 -6 -13 IN-
SPECTION OF PROPERTIES OWNED BY
PRIORITY CATEGORY
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section1. Title 6, Chapter 6 of the City of
Dubuque Code of Ordinances is amended by
adding thereto the following new sections:
6 -6 -11. HABITUAL VIOLATOR:
A. The city manager may des-
ignate a property owner, manager, or li-
censed real estate professional a priority
category for purposes of the Housing Code
if three (3) times within a period of twelve
(12) consecutive months the property own-
er, manager, or licensed real estate pro-
fessional:
1. Has a rental license sus-
pended;
2. Has a rental license re-
voked;
3. Is noncompliant with Hous-
ing Code orders in excess of ninety
(90) days without either an exten-
26 Regular Session January 18, 2011 Book 141
sion of time or variance from the
Housing Code Appeals Board or
good faith progress as determined
by the city manager;
4. Fails to perform a mandated
criminal background check on a
tenant;
5. Receives a citation for a
Housing Code violation;
6. Receives a citation for a vio-
lation of the International Building
Code, International Residential
Code, International Mechanical
Code, International Fuel Gas Code,
International Plumbing Code, Na-
tional Electric Code, or any other
codes adopted by the City of Dubu-
que; or
7. Receives a citation for a Fire
Code violation.
B. Notice of Priority Category
Status: Whenever the city manager desig-
nates a property owner, manager, or li-
censed real estate professional to be a pri-
ority category under Section 6- 6- 11(A), the
city manager must give notice of the des-
ignation to the property owner, manager, or
licensed real estate professional responsi-
ble. Each notice must:
1. Be in writing;
2. Include a listing of the basis
for designating the property owner,
manager, or licensed real estate
professional a habitual category;
3. Be served upon the property
owner, manager, or licensed real
estate professional by delivering the
same at the property owner, man-
ager, or licensed real estate profes-
sional's residence, office, or place
of business in person or by mailing
by certified mail or regular mail to
such address. All such mail must
bear indicia requesting return to
sender or forwarding address if not
deliverable as addressed; and
4. Contain a statement that:
a. The property own-
er, manager, or licensed
real estate professional
may appeal from the no-
tice of the city manager
to the Housing Code Ap-
peals Board;
b. An appeal must be
made in writing and filed
with the city manager
within fourteen (14) days
from the date of service
of the designation notice;
and
c. A failure to appeal
will constitute a waiver of
all rights to an appeal.
5. This section may not be in-
terpreted to prevent the enforce-
ment and imposition of fines and
penalties for Housing Code viola-
tions.
6 -6 -12. PROCEDURE FOR HEARING
APPEAL OF PRIORITY CATEGORY
STATUS:
A. Notice of Appeal. A property
owner, manager, or licensed real estate
professional designated a priority category
by the city manager under Section 6 -6 -11
may appeal to the Housing Code Appeals
Board for a reconsideration of such status,
provided a notice of appeal is filed with the
Board within fourteen (14) days of receipt
of the notice of the designation. The notice
of appeal must include the following:
1. Name and address of the
appellant;
2. A brief statement in ordinary
and concise language of any mate-
rial 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 order appealed from
should be reversed; and
4. The signature of the appel-
lant and the appellant's mailing ad-
dress.
Appeal Filing Fee. At the time of filing
the notice of appeal, the appellant must
pay therewith a filing fee in an amount set
by the city manager.
If the Board reverses the designation,
the fee will be fully refunded.
C. Notice of Hearing. Upon re-
ceipt of a notice of appeal filed pursuant to
this section, the chairperson of the Board
must fix a date, time, and place for hearing
the appeal, which may be not less than
thirty (30) days nor more than sixty (60)
days from the date the appeal was filed
with the Board unless the appellant agrees
to an earlier date for the hearing. Written
notice of the time and place of the hearing
must be given at least ten (10) days prior
to the date of the hearing to the appellant
either by causing a copy of such notice to
be personally delivered to the appellant or
by mailing a copy thereof to the appellants
address shown on the notice of appeal.
D. Waiver. The failure to file a
notice of appeal in accordance with this
section constitutes a waiver of the appeal.
E. Appeals Process. The con-
duct of hearing appeals filed with the Hous-
Book 141 Regular Session January 18, 2011 27
ing Code Appeals Board is governed by Ti-
tle 2, Chapter 1 of this Code.
F. Appeals Board Action. Fol-
lowing the hearing, the Housing Code Ap-
peals Board may, by a majority vote, affirm
the designation or reverse the designation.
6 -6 -13: INSPECTION OF PROPER-
TIES OWNED BY PRIORITY CATEGORY:
The city manager or the city manager's de-
signee may order the inspection of any or
all properties owned or managed by a pri-
ority category. The fee for such inspection
will be as set by the city manager. The
properties owned or managed by a habitu-
al violator may be put on an accelerated
inspection schedule by the city manager or
the city manager's designee. If a habitual
violator fails to comply with an inspection
schedule or pay any inspection fee, the
rental license may be suspended or re-
voked and the tenants relocated from the
unit at the priority category's expense.
Section 2. This Ordinance shall take effect
on publication.
Passed, approved and adopted the 18th
day of January, 2011.
/s /Roy D. Buol, Mayor
Attest:
/s /Jeanne F. Schneider, CMC, City Clerk
Published officiallx, in the Telegraph Herald
Newspaper the 24 day of January, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Extension of Southwest Arterial Moratori-
um (First Reading on January 3, 2011): Motion
by Jones to receive and file the documents
and that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Resnick. Motion carried
6 -0.
Motion by Jones for final consideration and
passage of Ordinance No. 7 -11 Amending the
City of Dubuque Code of Ordinances by
amending Title 14 (Buildings and Develop-
ment) and by amending Title 16 (Unified De-
velopment Code) extending the development
moratorium for the Southwest Arterial Corridor
to July 1, 2012. Seconded by Lynch. Motion
carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 7 -11
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES BY AMENDING TITLE 14
(BUILDINGS AND DEVELOPMENT), AND
BY AMENDING TITLE 16 (UNIFIED DEVEL-
OPMENT CODE) EXTENDING THE DEVEL-
OPMENT MORATORIUM FOR THE
SOUTHWEST ARTERIAL CORRIDOR TO
JULY 1, 2012
Whereas, the Iowa Department of Trans-
portation (IDOT) and the City of Dubuque are
engaged in a study of the Southwest Arterial
Corridor, which includes the right -of -way ac-
quisition and final design for the preferred
alignment; and
Whereas, the City of Dubuque and IDOT
have not concluded the study of the Southwest
Arterial Corridor; and
Whereas, the City of Dubuque and IDOT
believe it is in the public interest to minimize
potential conflicts during this study by extend-
ing the development moratorium for the
Southwest Arterial Corridor.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 14 (Buildings and Devel-
opment) Section 14 -2 -4 of the City of Dubuque
Code of Ordinances is hereby amended to
read as follows:
Section 14 -2 -4 A. Southwest Arterial
Corridor:
The City Manager shall not issue any
permit for any new construction or substan-
tial enlargement, alteration, repair or re-
modeling of any structure, building, or sign
in the Southwest Arterial Corridor but not to
include demolition, as delineated on draw-
ings on file in the City Clerk's Office, from
the effective date hereof to July 1, 2012,
except where a vested right to the issu-
ance of such permit accrued prior to the ef-
fective date hereof.
Section 2. Title 16 (Unified Develop-
ment Code ) Section 11 -2 of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
Section 11 -2 C. Southwest Arterial Cor-
ridor Subdivision Review:
A proposed plat that divides any parcel
within the Southwest Arterial Corridor into
two or more lots, and any preliminary plat
within the Southwest Arterial Corridor shall
be submitted to the City Council for review.
No plat for any subdivision or resubdivision
of property in the Southwest Arterial Corri-
dor, as delineated on drawings on file in
the City Clerk's Office, shall be approved
by the City Council, from the effective date
hereof to July 1, 2012, except where a
vested right to the issuance of such ap-
proval accrued prior to the effective date
hereof.
Notwithstanding the foregoing, the City
Council may approve a proposed plat or
preliminary plat upon a determination that
the proposed subdivision will not negatively
impact the acquisition of right -of -way along
the preferred alignment of the Southwest
Arterial Corridor. The applicant shall pro-
vide the City Council with a plat prepared
28 Regular Session January 18, 2011 Book 141
by a licensed engineer or land surveyor
that accurately depicts the parcel(s) to be
subdivided and the location of the Iowa
(Southwest Arterial) Corridor boundaries.
The City Council shall also consider any
recommendation from the Southwest Arte-
rial Technical Committee regarding poten-
tial negative impacts, if any, that would re-
sult from approval of the proposed plat or
preliminary plat and the subsequent devel-
opment of the parcel(s).
Section 3. Title 16 (Unified Develop-
ment Code) Section 13 -2 of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
13 -2 D. Moratorium for Site Plans in the
Southwest Arterial Corridor.
The City Planner shall not issue condi-
tional or final approval for any site plan
filed for property in the Southwest Arterial
Corridor that lies within the corporate limits
of the City of Dubuque, as delineated on
drawings on file in the City Clerk's Office,
from the effective date hereof to July
1,2012 except where a vested right to the
issuance of such approval accrued prior to
the effective date hereof.
Notwithstanding the foregoing, the City
Council may approve a proposed site plan
upon a determination that the proposed
site plan will not negatively impact the ac-
quisition of right -of -way along the preferred
alignment of the Southwest Arterial Corri-
dor. The City Council shall also consider
any recommendation from the Southwest
Arterial Technical Committee regarding po-
tential negative impacts, if any, that would
result from approval of the proposed site
plan and subsequent development of the
parcels.
Section 4. Title 16 (Unified Development
Code) Section 9 -5.3 of the City of Dubuque
Code of Ordinances is hereby amended to
read as follows:
Section 9 -5.3 D. Moratorium for Rezon-
ings in the Southwest Arterial Corridor.
The City Council shall not give final ap-
proval to any zoning reclassification (re-
zoning) request for property in the South-
west Arterial Corridor that lies within the
corporate limits of the City of Dubuque, as
delineated on drawings on file in the City
Clerk's Office, from the effective date
hereof to July 1, 2012 except where a
vested right to the issuance of such ap-
proval accrued prior to the effective date
hereof.
Notwithstanding the foregoing, the City
Council may approve a requested rezoning
upon a determination that the proposed re-
zoning will not negatively impact the acqui-
sition of right -of -way along the preferred
alignment of the Southwest Arterial Corri-
dor. The City council shall also consider
any recommendation from the Southwest
Arterial Technical Committee regarding po-
tential negative impacts, if any, that would
result from approval of the requested re-
zoning and the subsequent development of
the parcel(s).
Section 5. This Ordinance shall take effect
upon publication.
Passed, approved and adopted the 18th
day of January, 2011.
/s /Roy D. Buol, Mayor
Attest:
/s /Jeanne F. Schneider, CMC, City Clerk
Published officiallx, in the Telegraph Herald
Newspaper the 24 day of January, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Solar Thermal Licensing, Permitting and
Inspections (First Reading on January 3,
2011): 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. Motion
carried 6 -0.
Motion by Connors for final consideration
and passage of Ordinance No. 8 -11 Amending
City of Dubuque Code of Ordinances Title 14
Building and Development by adding Chapter
13 Solar Thermal Licenses which requires a
license in order to perform work on solar ther-
mal systems; and Ordinance No. 9 -11 Amend-
ing City of Dubuque Code of Ordinances Title
14 Building and Development by adding Chap-
ter 14 Solar Thermal Systems requiring per-
mits and inspections for work performed on
solar thermal systems and setting forth the
standards for solar thermal systems. Second-
ed by Resnick. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 8 -11
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT BY ADDING CHAPTER 13
SOLAR THERMAL LICENSES WHICH RE-
QUIRES A LICENSE IN ORDER TO PER-
FORM WORK ON SOLAR THERMAL SYS-
TEMS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 13 of the City of Dubu-
que Code of Ordinances shall read as follows:
14 -13 -1. Definition: Solar Thermal Sys-
tem means active mechanical equipment
that directly converts and then transfers or
stores solar energy into usable forms of
thermal energy.
Book 141 Regular Session
January 18, 2011 29
14 -13 -2. Licenses: No person shall in-
stall or alter or repair solar thermal systems
without a solar thermal license.
14 -13 -3. License Application: A Solar
Thermal License application shall be sub-
mitted to the City Manager or the City
Manager's designee with an application fee
as set by the City Manager.
14 -13 -4. Application Contents: An ap-
plication for a Solar Thermal License shall
contain the following information:
Name
Address
Business Name, if applicable
Proof of liability insurance
Proof of either:
A North American Board of Certi-
fied Energy Practitioners (NABCEP)
solar thermal certification or
Completion of the Northeast Iowa
Community College (NICC) forty (40)
hour solar thermal course work and
two (2) training installations and re-
ceived the Dubuque solar thermal
certification or other course work and
training as approved by the city man-
ager.
Any other information required by
the City Manager or the City Manag-
er's designee.
14 -13 -5. Application approval: Upon
finding that an applicant has submitted the
required information and meets the re-
quirements, a Solar Thermal License will
be issued.
14 -13 -6. License renewal. A Solar
Thermal License shall be valid for one cal-
endar year. License holders may renew a
license by applying for and paying the fee
for renewal as set by the City Manager.
14 -13 -7. Exemption: No license shall
be required of a homeowner to install or al-
ter a solar thermal system for the home-
owners personal residence provided the
homeowner has received certification for
solar thermal system installation from
NICC or completed other course work and
training as approved by the city manager
or the city manager's designee.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved and adopted the 18th
day of January, 2011.
/s /Roy D. Buol, Mayor
Attest:
/s /Jeanne F. Schneider, CMC, City Clerk
Published officiallx, in the Telegraph Herald
Newspaper the 24 day of January, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 9 -11
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT BY ADDING CHAPTER 14
SOLAR THERMAL SYSTEMS REQUIRING
PERMITS AND INSPECTIONS FOR WORK
PERFORMED ON SOLAR THERMAL SYS-
TEMS AND SETTING FORTH THE STAND-
ARDS FOR SOLAR THERMAL SYSTEMS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 14 of the City of Dubu-
que Code of Ordinances shall read as follows:
14 -14 -1. Definition: Solar Thermal Sys-
tem means equipment that directly con-
verts and then transfers or stores solar en-
ergy into usable forms of thermal energy.
14 -14 -2 Permit Required. A permit shall
be obtained from the City Manager or the
City Manager's designee for the installation
of or alternation to a Solar Thermal Sys-
tem. Information shall be attached to an
application for a permit as set by the City
Manager or the City Manager's designee.
14 -14 -3 Permit Application. A permit
application shall be submitted to the City
Manager and must include:
A. Applicant Name
B. Applicant Address
C. Business name, if applicable
D. Solar Thermal License
Number, if applicable
E. Project Address
F. A Plot Plan showing the
proposed location of solar
collector and any tree and /or
structure that presently casts
a shadow within twenty feet
(20') of the proposed collec-
tor location
G. Detailed Drawings of all pip-
ing, pumps, blowers, wiring,
storage vessels, dampers,
valves, insulation, location of
the backflow prevention de-
vice, and all other material
that will be required to install
the system
H. Any other information re-
quired by the City Manager
or the City Manager's de-
signee
14 -14 -4 Inspections Required. Inspec-
tions of Solar Thermal Systems are re-
quired prior to activation and shall be per-
formed by the City Manager or the City
Manager's Designee.
14 -14 -5. Shading of Solar Collectors:
No more than fifteen percent (15 %) of the
area of the solar path shading diagram
30 Regular Session January 18, 2011 Book 141
shall be obstructed between 9:00 a.m. and
3:00 p.m. throughout the year.
14 -14 -6. Liquid Systems
A. Piping and Penetration.
1. When two (2) or more
collectors are installed
in any one system, a
reverse flow piping con-
figuration shall be used
unless an alternate flow
configuration is recom-
mended by the manu-
facturer.
2. No permanent piping
shall connect the solar
system with potable wa-
ter.
3. All piping shall be able
to withstand a tempera-
ture of 350 degrees
Fahrenheit, preferably
rigid or soft copper type
"M" or thicker.
4. All solar loop building
penetrations shall be
made using weather-
proof devices which will
allow for expansion and
contraction. All penetra-
tions into the building
shall be weatherproofed
to prevent leaks, in-
sects, and drafts from
entering the building.
5. All of the components of
a closed loop solar col-
lector system shall be
sized to provide ade-
quate flow to the collec-
tors.
6. The solar loop shall in-
corporate a check valve
downstream of the heat
exchanger if collectors
are mounted above the
storage tank.
7. Automatic air vents
shall be disconnected
from the solar loop by a
ball valve.
8. Minimum design stand-
ard shall be the 2009
Uniform Solar Energy
Code as it relates to so-
lar thermal installations.
B. Pipe Insulation.
1. All pipe insulation in
the solar collection
system shall be at
least R -5 in insulating
value.
2. Exterior pipe insulation
shall be resistant to ul-
traviolet and environ-
mental degradation and
shall be covered by ma-
terial providing weather
resistance, UV protec-
tion, and mechanical
abuse protection. Exte-
rior insulation joints,
seams, and connections
shall be sealed to pre-
vent entry of moisture.
3. Solar supply loop shall
be insulated with 350
degrees Fahrenheit rat-
ed insulation approved
for solar applications.
4. Heat traps or check
valves shall be included
on all supply and dis-
charge lines for the
storage tank.
C. Storage Tanks: Storage tanks
shall have a tempering valve
adjustable to 120 degrees
Fahrenheit downstream from
the regular water heater and
heat trap.
14 -14 -7. Monitoring: A temperature ap-
propriate pressure gauge shall be installed
in the solar loop. The solar loop supply and
return and the discharge line of the temper-
ing valve shall have thermometers.
14 -14 -8. Use of Wood in Solar Collec-
tion Systems: All wood components used
in collector mounting which are exposed to
the weather shall be pressure treated
wood, meeting Interim Federal Specifica-
tions TT- W -571J -Rev. 1974, as amended
or revised. Wood used in collector frames
or housing shall be protected against py-
rolysis.
14 -14 -9. Heat Transfer Fluid: The heat
transfer fluid used in the collectors shall be
isolated from the potable water supply
through the use of an approved double wall
heat exchanger or two separate coils, one
for solar fluid and one for DHW in unpres-
surized tank.
14- 14 -10. Rating: The solar thermal
panels and equipment shall have a SRCC
rating of OG 100 or OG 300.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved and adopted the 18th
day of January, 2011.
/s /Roy D. Buol, Mayor
Attest:
/s /Jeanne F. Schneider, CMC, City Clerk
Published officiallx, in the Telegraph Herald
Newspaper the 24 day of January, 2011.
Book 141 Regular Session January 18, 2011 31
/s/Jeanne F. Schneider, CMC, City Clerk
Operation: New View Board of Directors:
Communication from Tom Stovall, Operation:
New View Community Action Agency, request-
ing the appointment of an additional City rep-
resentative to serve on the Operation New
View Board of Directors. Motion by Connors to
receive and file the documents and appoint
Council Member Jones as the additional rep-
resentative. Seconded by Jones. Motion car-
ried 6 -0.
USS Dubuque (LPD -8) Ship's Bell: City
Manager recommending approval to request
the USS Dubuque's ship bell be loaned to the
City of Dubuque when the ship is decommis-
sioned and designation of a representative to
attend the decommissioning ceremony. Motion
by Jones to receive and file the documents
and designate Mayor Buol and former Mayor
Walt Pregler as representatives to attend the
decommissioning ceremony. Seconded by
Connors. Motion carried 6 -0.
Port of Dubuque Marina: City Manager
recommending approval of the selection of
"Port of Dubuque Marina" as the name for the
new Ice Harbor marina. Motion by Connors to
receive and file the documents and approve
the recommendation. Seconded by Lynch.
Motion carried 6 -0.
Community Development Block Grant
(CDBG) Contract for Caradco Project: City
Manager recommending approval of a Com-
munity Development Block Grant (CDBG) con-
tract with the Iowa Department of Economic
Development for the Caradco Building Project.
Motion by Connors to receive and file docu-
ments and adopt Resolution No. 23 -11 Author-
izing the execution of a Community Develop-
ment Block Grant (CDBG) Housing Disaster
Recovery Fund Contract between the Iowa
Department of Economic Development and the
City of Dubuque on behalf of the Caradco
Building Project. Seconded by Jones. Re-
sponding to questions from City Council, As-
sistant Economic Development Director Aaron
DeJong clarified the issues in the revised con-
tract, which was distributed to Council post
agenda. Motion carried 6 -0.
RESOLUTION NO. 23 -11
AUTHORIZING THE EXECUTION OF A
COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) HOUSING DISASTER RE-
COVERY FUND CONTRACT BETWEEN THE
IOWA DEPARTMENT OF ECONOMIC DE-
VELOPMENT AND THE CITY OF DUBUQUE
ON BEHALF OF THE CARADCO BUILDING
PROJECT
Whereas, the City of Dubuque worked with
Caradco Building, LLLP, to prepare CDBG
Housing Disaster Recovery Fund grant appli-
cations to help fund the rehabilitation of the
Caradco building; and
Whereas, the City of Dubuque submitted
an application to the Iowa Department of Eco-
nomic Development for CDBG funding on be-
half of the Caradco building project; and
Whereas, the Iowa Department of Eco-
nomic Development has prepared and submit-
ted for City Council approval a CDBG Housing
Disaster Recovery Fund contract which is at-
tached hereto and by this reference made a
part hereof; and
Whereas, the City Council finds that the
proposed contract is acceptable and neces-
sary to the growth and development of the city.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of
Economic Development Contract is hereby
approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Contract
on behalf of the City of Dubuque and forward
the executed copy to the Iowa Department of
Economic Development for their approval.
Passed, approved and adopted this 18th
day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
First Amendment to the Guarantee Agree-
ment — Roshek Building Project: City Manager
recommending approval of a request by
Dubuque Initiatives (DI) to approve a First
Amendment to the Guarantee Agreement be-
tween the City of Dubuque and Dubuque Bank
& Trust allowing for a Line of Credit to be in-
cluded under the $25 million guarantee for the
Roshek Building project. Motion by Jones to
receive and file the documents and adopt
Resolution No. 24 -11 Approving Guaranty
Agreement and First Amendment to the Guar-
anty Agreement, each between the City of
Dubuque and Dubuque Bank & Trust Compa-
ny. Seconded by Resnick. Motion carried 6 -0.
RESOLUTION NO. 24 -11
APPROVING GUARANTY AGREEMENT
AND FIRST AMENDMENT TO THE GUAR-
ANTY AGREEMENT, EACH BETWEEN THE
CITY OF DUBUQUE AND DUBUQUE BANK
& TRUST COMPANY
Whereas, a Guaranty Agreement dated
June 22, 2009 was entered into by and be-
tween the City of Dubuque, a municipal corpo-
ration of the State of Iowa (City), and Dubuque
Bank & Trust Company (DB &T); and
Whereas, the foregoing Guaranty Agree-
32 Regular Session January 18, 2011 Book 141
ment facilitated Dubuque Initiatives (DI) to
borrow for the redevelopment of the Historic
Roshek Building; and
Whereas, a construction build -out line of
credit in the amount of not to exceed
$3,000,000 now is needed to make funds
available for tenant area construction; and
Whereas, the line of credit will allow further
paydown of loans already covered under the
foregoing Guaranty Agreement; and
Whereas, it is proposed that the City enter
into a guaranty agreement with DB &T in re-
spect of DI's obligations under the line of cred-
it, subject, however, to the limitation on the
amount of the City's guaranty obligation set
forth in the foregoing Guaranty Agreement;
and
Whereas, separate forms of Guaranty
Agreement ( "Line of Credit Guaranty ") and
First Amendment to Guaranty Agreement
( "First Amendment "), each between the City
and DB &T, have been prepared to accomplish
the foregoing, which have been determined to
be in acceptable form for the purposes intend-
ed.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the form and content of the
Line of Credit Guaranty and First Amendment,
the provisions of which are incorporated herein
by reference, be and the same hereby are in
all respects authorized, approved and con-
firmed, and the Mayor and the City Clerk be
and they hereby are authorized, empowered
and directed to execute, attest, seal and deliv-
er the Line of Credit Guaranty and First
Amendment for and on behalf of the City in
substantially the form and content now before
this meeting, but with such changes, modifica-
tions, additions or deletions therein as shall be
approved by such officers upon the advice of
the City Attorney, and that from and after the
execution and delivery of the Line of credit
Guaranty and First Amendment, the Mayor
and the City Clerk are hereby authorized, em-
powered and directed to do all such acts and
things and to execute all such documents as
may be necessary to carry out and comply
with the provisions of the Line of Credit Guar-
anty and First Amendment as executed.
Section 2. That the City Manager is author-
ized to take such actions as are necessary to
implement the terms of the Line of Credit
Guaranty and First Amendment as herein ap-
proved.
Passed, approved and adopted this 18th
day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Bus Logos / Icons: City Manager request-
ing City Council input regarding the logos and
icons for The Jule. Motion by Connors to re-
ceive and file the documents and select option
#2 with preference given to the silhouette de-
sign for the door if it can be accomplished.
Seconded by Resnick. Candace Eudaley of
East Central Intergovernmental Agency (ECIA)
provided a slide presentation and described
the logo /icon options. Motion carried 6 -0.
Amendments to Loan Agreements with the
Iowa Finance Authority: City Manager recom-
mending approval of amendments of the loan
and disbursement agreements with the Iowa
Finance Authority concerning the $8,676,000
SRF loan issued on February 12, 2010 and the
$1,037,000 SRF loan issued on October 18,
2007. Motion by Connors to receive and file
the documents and adopt Resolution No. 25-
11 Approving and authorizing amendments to
Loan and Disbursement Agreements by and
between the city of Dubuque, Iowa, and the
Iowa Finance Authority. Seconded by Resnick.
Motion carried 6 -0.
RESOLUTION NO. 25 -11
RESOLUTION APPROVING AND AUTHOR-
IZING AMENDMENTS TO LOAN AND DIS-
BURSEMENT AGREEMENTS BY AND BE-
TWEEN THE CITY OF DUBUQUE, IOWA
AND THE IOWA FINANCE AUTHORITY
Whereas, the City of Dubuque, Iowa (the
"Issuer "), previously has authorized execution
of a Loan and Disbursement Agreement (the
"Series 2007 Agreement ") and issuance of a
$1,037,000 Water Revenue Capital Loan Note,
Series 2007 (the "Series 2007 Note "), each
dated as of October 18, 2007 pursuant to
Resolution No. 490 -07 approved on October 1,
2007; and
Whereas, the Issuer also has previously
authorized the execution of a Loan and Dis-
bursement Agreement (the "Series 2010C
Agreement" and together with the Series 2007
Agreement, referred to herein collectively as
the "Agreements ") and issuance of a
$8,676,000 Water Revenue Capital Loan Note,
Series 2010C (the "Series 2010C Note" and
together with the Series 2007 Note, referred to
herein collectively as the "Notes "), each dated
as of February 12, 2010, pursuant to Resolu-
tion No. 18 -10 approved on January 19, 2010;
and
Whereas, the foregoing Resolutions (to-
gether, the "Series Resolutions ") are "Series
Resolutions" as that term is defined in Resolu-
tion No. 379 -08, approved on October 20,
2008 (the "Master Resolution "), said Master
Resolution providing for the terms applicable
to the issuance of Water Revenue Bonds by
the City of Dubuque under the provisions of
Book 141 Regular Session January 18, 2011 33
Chapter 384 of the Code of Iowa; and
Whereas, the foregoing Notes and Agree-
ments are designated as "Senior SRF Bonds"
under the terms of the Master Resolution; and
WHEREAS, the Iowa Finance Authority, as
Original Purchaser and current holder of the
Notes and the Agreements, has authorized the
Issuer to treat the Notes and Agreements as
"Subordinate SRF Bonds" under the terms of
the Master Resolution until December 31,
2015; and
Whereas, separate forms of amendments
to the Agreements (together, the "Amend-
ments") have been prepared to reflect such
subordinate status, copies of which are before
this Council and which are considered appro-
priate for the purposes intended.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, as follows:
Section 1. The Series Resolutions, Notes
and Agreements are hereby amended to re-
flect that such instruments are deemed to be
Subordinate SRF Bonds under the Master
Resolution until December 31, 2015 or until
such earlier date as may be determined by
subsequent action of this Council to confirm
their status as Senior SRF Bonds under the
Master Resolution.
Section 2. The Amendments in substantial-
ly in the forms attached to this Resolution are
hereby approved and are authorized to be
executed and issued on behalf of the Issuer by
the Mayor and attested by the City Clerk.
Section 3. Except as amended herein,
all of the other terms and conditions of the
Series Resolutions, the Agreements and the
Notes are in all respects ratified, confirmed
and approved and shall remain in full force and
effect.
Passed and approved this 18th day of Jan-
uary, 2011.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
COUNCIL MEMBER REPORTS
Connors stated she believes it is important
for Council Members to stay abreast of new
technologies and invited Council to attend a
local conference regarding low- impact devel-
opment and storm water management coming
up in February. She will forward the confer-
ence information.
Jones reported on the success of the Spe-
cial Olympics event, which took place in
Dubuque last week.
Resnick stated that he asks questions re-
garding Council materials as an effort to better
inform the public.
There being no further business, upon mo-
tion the City Council adjourned at 8:20 p.m.
/s /Jeanne F. Schneider, CMC
City Clerk
34 Regular Session
February 7, 2011 Book 141
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in special
session at 5:30 p.m. on February 7, 2011 in
the Historic Federal Building.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Voetberg
Mayor Buol read the call and stated that
this is a special meeting of the City Council
called for the purpose of discussing the Con-
vention and Visitors Bureau Budget and Work
Plan.
Keith Rahe, Executive Director of the
Dubuque Convention and Visitors Bureau,
introduced CVB staff members and presented
a slide presentation on the Bureau's Fiscal
Year 2012 budget including information re-
garding partnerships, awards, tourism statis-
tics and marketing efforts. Mr. Rahe then re-
sponded to questions from the City Council.
There being no further business, upon mo-
tion the City Council adjourned at 6:15 p.m.
/s /Jeanne F Schneider, CMC
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in regular
session at 6:30 p.m. on February 7, 2011 in
the Historic Federal Building.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Voetberg
Mayor Buol read the call and stated this is
a regular session of the City Council to act
upon such business that may properly come
before the City Council.
Pledge of Allegiance
Invocation was provided by Dr. Reverend
Ken Bickel of First Congregational UCC.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Motion
carried 6 -0.
Minutes and Reports Submitted: Arts and
Cultural Affairs Advisory Commission of 11/23;
City Council of 1/18; Civil Service Commission
of 12/6 and 1/14; Historic Preservation Com-
mission of 1/20; Housing Code Appeals Board
of 10/19; Housing Commission of 11/23; In-
vestment Oversight Advisory Commission of
1/27; Long Range Planning Advisory Commis-
sion of 1/19; Park and Recreation Commission
of 1/11
Substance Abuse Services Center Fiscal
Year 2011 Second Quarter Report
Library Board of Trustees Update from the
Meeting of January 27, 2011
Investment Oversight Advisory Commis-
sion 71st Quarterly Report
Proofs of publication of City Council Pro-
ceedings of January 3 and 18, 2011 and List of
Claims and Summary of Revenues for Month
Ended December 31, 2010
Upon motion the documents were received
and filed.
Notice of Claims/Suits: Jennifer Ney for
personal injury /property damage; Emily Marie
Leicht for vehicle damage; Marion Durrah vs.
City of Dubuque, et al; Susan Schueller for
vehicle damage; Clay W. Gronen for vehicle
damage. Upon motion the documents were
Book 141 Regular Session February 7, 2011 35
received, filed and referred to the City Attor-
ney.
City Attorney advising that the following
claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Com-
munities Assurance Pool: Michael Willis for
vehicle damage; Miriah Roath for personal
injury and vehicle damage; Katie Schaefer for
vehicle damage; Jennifer Ney for personal
injury /property damage; Kayla McLaughlin for
vehicle damage; Christa Welu Trust for proper-
ty damage. Upon motion the documents were
received, filed and concurred.
Management Agreement for Bunker Hill
Golf Course: City Manager recommending
approval of a management agreement with
G.M.S., Inc. (George Stephenson), for the
Bunker Hill Golf Course for the period begin-
ning March 1, 2011 and ending November 30,
2011. Upon motion the documents were re-
ceived, filed, and approved.
Federal Emergency Management Agency
(FEMA): Communication to Bob Bissell, FEMA
Region VII, regarding the Scientific Review
Panel Notification for FEMA Preliminary
DFIRM. Upon motion the document was re-
ceived and filed.
North End Neighborhood Association:
Communication from the North End Neighbor-
hood Association thanking the City for the
combined efforts that made possible the FEMA
decision to accept the revised flood map cre-
ated by the City of Dubuque's consultant CDM.
Upon motion the document was received and
filed.
Master Consulting Services Agreement:
City Manager recommending approval of the
First Amendment to the Master Consulting
Services Agreement with David Lyons to ex-
tend the agreement through June 30, 2012.
Upon motion the documents were received,
filed, and approved.
Legislative Correspondence: Communica-
tion to the Legislative Information Office urging
the Iowa Legislature to maintain both the Iowa
Smart Planning Bill and the I -JOBS II funding.
Communication to area legislators ex-
pressing opposition of the City of Dubuque to
several aspects of Governor Branstad's budg-
et.
Upon motion the documents were received
and filed.
Smart Planning Bill: Communication from
the Long Range Planning Advisory Commis-
sion advising that the Commission supports
the Iowa Smart Planning Bill and related ex-
penses and urging the City Council to support
it also. Upon motion the document was re-
ceived and filed.
Complete Streets Policy: Communication
from the Long Range Planning Advisory
Commission advising that Complete Streets
are consistent with the 2008 Dubuque Com-
prehensive Plan and recommending that the
City Council adopt a Complete Streets Policy.
Upon motion the document was received and
filed.
Harvest View Estates Sixth Addition: City
Manager recommending re- approval of the
final plat of Harvest View Estates Sixth Addi-
tion. Upon motion the documents were re-
ceived and filed and Resolution No. 26 -11
Authorizing the re- approval of the final plat of
Harvest View Estates Sixth Addition in the City
of Dubuque, Iowa, was adopted.
RESOLUTION NO. 26 -11
AUTHORIZING THE RE- APPROVAL OF THE
FINAL PLAT OF HARVEST VIEW ESTATES
SIXTH ADDITION IN THE CITY OF DUBU-
QUE, IOWA
Whereas, there has been filed with the City
Clerk a Final Plat of Harvest View Estates
Sixth Addition in the City of Dubuque, Iowa;
and
Whereas, upon said final plat appears a
street to be known as Millstone Drive (Lot A)
together with certain public utility, storm sewer
and water main easements, which the owner
by said final plat has dedicated to the public
forever; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said final plat has been reviewed
by the City Planner and had her approval en-
dorsed thereon; subject to the owner's agree-
ing to the conditions noted in Section 3 below;
and
Whereas, said final plat has been exam-
ined by the City Council and they find that it
conforms to the statutes and ordinances relat-
ing to it, except that streets and public utilities
have not yet been completely constructed or
installed.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Resolution No. 245 -10 is
hereby rescinded.
Section 2. That the dedication of Millstone
Drive (Lot A) and the easements for public
utilities, storm sewer and water mains, as they
appear on said final plat, be and the same are
hereby accepted.
36 Regular Session February 7,2011 Book 141
Section 3. That the Final Plat of Harvest
View Estates Sixth Addition is hereby ap-
proved and the Mayor and City Clerk are
hereby authorized and directed to endorse the
approval of the City of Dubuque, Iowa, upon
said final plat, provided the owners of said
property herein named, execute their written
acceptance hereto attached agreeing:
(a) To reduce Millstone Drive (Lot
A) to grade and to construct longitudi-
nal sub - drain, concrete curb and gutter
with hot mix asphaltic concrete, or con-
crete paving with integral curb, all in
accordance with the City of Dubuque
standard specifications, all in a manner
acceptable to the City Engineer, in con-
formance with construction improve-
ment plans approved by the City Engi-
neer, and inspected by the City Engi-
neer.
(b) To install sanitary sewer main
and sewer service laterals into each in-
dividual lot, water main and water ser-
vice laterals into each individual lot,
storm sewers and catch basins, street
lighting with all appurtenances, and
erosion control devices all in accord-
ance with the City of Dubuque standard
specifications, all in a manner accepta-
ble to the City Engineer, and in accord-
ance with construction improvement
plans approved by the City Engineer,
and inspected by the City Engineer.
(c) To connect storm facilities to an
approved storm water detention facility
in a manner acceptable to the City En-
gineer, in accordance with the City of
Dubuque standard specifications ap-
proved by the City Engineer, and in-
spected by the City Engineer.
(d) To construct said improvements,
prior to the two (2) years from the date
of acceptance of this resolution, at the
sole expense of the owners, or future
owner.
(e) To maintain the public improve-
ments, for a period of two (2) years
from the date of the acceptance of
those improvements by the City Coun-
cil of the City of Dubuque, Iowa, at the
sole final expense of the owners, or fu-
ture owner.
And, further provided that said
Westside Arterial Development, LLC,
as owners of said property, shall se-
cure the performance of the foregoing
conditions provided in this Section by
providing guarantees in such form
and with such sureties as may be ac-
ceptable to the City Manager of the
City of Dubuque, Iowa.
Section 4. Sidewalk installation shall be the
responsibility of the owner abutting the public
rights -of -way, including lots with multiple
frontages, as required by City Code 10 -1 -2.
Section 5. The maintenance expenses in-
curred by the City of Dubuque for the storm
water detention facility on Lot A Harvest View
Estates First Addition shall be assessed
against the lot owners of all additions in Har-
vest View Estates as indicated in the prelimi-
nary plat, in equal amounts, and the City Man-
ager shall certify such costs to the City Clerk,
who in turn shall promptly certify such costs to
the Dubuque County Treasurer, and such
costs shall then be collected with and in the
same manner as general property taxes in
accordance with provisions of law.
Section 6. That the final acceptance of the
public improvements shall occur upon certifica-
tion of the City Engineer to the City Council
that the public improvements have been com-
pleted in accordance with the approved im-
provement plans and City standards and spec-
ifications and accepted by City Council Reso-
lution.
Section 7. That in the event Westside Arte-
rial Development, LLC, fails to execute the
acceptance and furnish the guarantees pro-
vided in Sections 2 and 3 hereof within 180
days after the date of this Resolution, the pro-
visions hereof shall be null and void and the
acceptance of the dedication and approval the
plat shall not be effective.
Passed, approved and adopted this 7th day
of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Save America's Treasures (SAT) Program
Funding: City Manager's communication to
The Honorable Ken Salazar, Secretary of the
Department of Interior, regarding the im-
portance of ensuring that Save America's
Treasures is included as a priority in the 2012
budget at the $25 million level. Upon motion
the document was received and filed.
Natural Gas Wireless Network Equipment
License Agreement: City Manager recom-
mending approval of the Natural Gas Wireless
Network Equipment License Agreement be-
tween the City of Dubuque and Black Hills
Energy. Upon motion the documents were
received, filed, and approved.
Resolution of Protest to Preliminary DFIRM
for the City of Dubuque: Communication to
Richard Leonard, FEMA Region VII, express-
ing gratitude for the assistance and coopera-
tion that FEMA has shown with respect to re-
mapping the Bee Branch and other areas of
the City. Upon motion the document was re-
ceived and filed.
Book 141 Regular Session, February 7, 2011 37
Central Avenue HMA Resurfacing Project:
City Manager recommending approval of an
Iowa Department of Transportation (Iowa
DOT) Cooperative Agreement for Primary
Road Project for the Central Avenue HMA
Resurfacing Project, from 21st to 32nd Street.
Upon motion the documents were received
and filed and Resolution No. 27 -11 Approving
the Iowa Department of Transportation Coop-
erative Agreement for Primary Road Project
(Agreement No. 2011 -16 -079) for the Central
Avenue HMA Resurfacing with Milling Project,
from 21st to 32nd Street was adopted.
RESOLUTION NO. 27 -11
APPROVING THE IOWA DEPARTMENT OF
TRANSPORTATION COOPERATIVE
AGREEMENT FOR PRIMARY ROAD PRO-
JECT (AGREEMENT NO. 2011 -16 -079) FOR
THE CENTRAL AVENUE HMA RESURFAC-
ING WITH MILLING PROJECT FROM 21ST
TO 32ND STREET
Whereas, the City of Dubuque is proceed-
ing with the Central Avenue HMA Resurfacing
with Milling Project from 2151 - 32nd Street; and
Whereas, Central Avenue is located on US
Highway 52 and is under the jurisdiction of the
Iowa Department of Transportation; and
Whereas, the Central Avenue HMA Resur-
facing with Milling Project, from 2151 to 32nd
Street, will involve the: milling; patching and
both thru lanes and parking areas; spot curb,
driveway, and sidewalk replacement; intake
reconstruction; and installation of pedestrian
ramps; and
Whereas, the Iowa Department of Trans-
portation (Iowa DOT) has authorized the use
of State funds for eligible construction costs for
the Central Avenue HMA Resurfacing with
Milling Project from 21st - 32nd Street.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Iowa DOT Coopera-
tive Agreement for Primary Road Project
(Agreement 2011 -16 -079) between the City of
Dubuque and the Iowa Department of Trans-
portation be hereby approved for the Central
Avenue HMA Resurfacing with Milling Project
from 21St - 32nd Street.
Section 2. That the Mayor be authorized
and directed to execute two copies of Iowa
DOT Cooperative Agreement for Primary Road
Project (Agreement 2011 -16 -079) for the Cen-
tral Avenue HMA Resurfacing with Milling Pro-
ject from 21St - 32nd Street.
Passed, approved and adopted this 7th day
of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Bee Branch Deconstruction Project: City
Manager recommending acceptance of the
Bee Branch Deconstruction Project as com-
pleted by Gronen Restoration in the amount of
$332,058.65 for Bid Groups 1, 2, 4, 6, 12, and
13; Tschiggfrie Excavating in the amount of
$622,097.28 for Bid Groups 3, 5, 8, 9, 10, 11,
14, and 15; and Ted Stackis Construction in
the amount of $141,742.63 for Bid Group 7.
Upon motion the documents were received
and filed and Resolution No. 28 -11 Accepting
the building deconstruction associated with the
Bee Branch Creek Restoration Project, Bid
Groups 1, 2, 4, 6, 12, and 13, and authorizing
the payment of the contract amount to the con-
tractor; Resolution No. 29 -11 Accepting the
building deconstruction associated with the
Bee Branch Creek Restoration Project, Bid
Groups 3, 5, 8, 9, 10, 11, 14 and 15, and au-
thorizing the payment of the contract amount
to the contractor; and Resolution No. 30 -11
Accepting the building deconstruction associ-
ated with the Bee Branch Creek Restoration
Project, Bid Group 7, and authorizing the pay-
ment of the contract amount to the contractor
were adopted.
RESOLUTION NO. 28 -11
ACCEPTING THE BUILDING DECON-
STRUCTION ASSOCIATED WITH THE BEE
BRANCH CREEK RESTORATION PRO-
JECT, BID GROUPS 1, 2, 4, 6, 12, AND 13,
AND AUTHORIZING THE PAYMENT OF THE
CONTRACT AMOUNT TO THE CONTRAC-
TOR
Whereas, the Public Improvement Contract
for the Building Deconstruction Associated
with the Bee Branch Creek Restoration Pro-
ject, Bid Group(s) 1, 2, 4, 6, 12, and 13, has
been completed by Gronen Restoration (Con-
tractor) 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 Bee
Branch Creek Restoration Project appropria-
tion for the contract amount of $332,058.65
less any retained percentage provided for
therein as provided in Iowa Code Chapter 573,
and to pay such retainage only in accordance
with the provisions of Iowa Code Chapter 573.
Passed, approved and adopted this 7th day
of February, 2011.
38 Regular Session February 7,2011 Book 141
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE BUILDING DECON-
STRUCTION ASSOCIATED WITH THE BEE
BRANCH CREEK RESTORATION PRO-
JECT, BID GROUP(S) 1, 2, 4, 6, 12, AND 13
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the Bee Branch Building Decon-
struction Project, Bid Group(s) 1, 2, 4, 6, 12,
and 13, that the Project has been performed in
compliance with the terms of the Public Im-
provement Contract, and that the total cost of
the completed work is $345,058.65.
Dated this 27th day of January, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 3rd
day of February, 2011.
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 29 -11
ACCEPTING THE BUILDING DECON-
STRUCTION ASSOCIATED WITH THE BEE
BRANCH CREEK RESTORATION PRO-
JECT, BID GROUPS 3, 5, 8, 9, 10, 11, 14
AND 15, AND AUTHORIZING THE PAY-
MENT OF THE CONTRACT AMOUNT TO
THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Building Deconstruction Associated
with the Bee Branch Creek Restoration Pro-
ject, Bid Groups 3, 5, 8, 9, 10, 11, 14, and 15,
has been completed by Tschiggfrie Excavating
(Contractor) and the City Engineer has exam-
ined 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 Bee
Branch Creek Restoration Project appropria-
tion for the contract amount of $622,097.28
less any retained percentage provided for
therein as provided in Iowa Code Chapter 573,
and to pay such retainage only in accordance
with the provisions of Iowa Code Chapter 573.
Passed, approved and adopted this 7th day
of February, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE BUILDING DECON-
STRUCTION ASSOCIATED WITH THE BEE
BRANCH CREEK RESTORATION PRO-
JECT, BID GROUPS 3, 5, 8, 9, 10, 11, 14
AND 15
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the Bee Branch Creek Restoration
Project, Bid Group(s) Bid Group(s) 3, 5, 8, 9,
10, 11, 14, and 15, 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
$635,097.28.
Dated this 27th day of January, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 3rd
day of February, 2011.
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 30 -11
ACCEPTING THE BUILDING DECON-
STRUCTION ASSOCIATED WITH THE BEE
BRANCH CREEK RESTORATION PRO-
JECT, BID GROUP 7, AND AUTHORIZING
THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Building Deconstruction Associated
with the Bee Branch Creek Restoration Pro-
ject, Bid Group 7, has been completed by Ted
Stackis Construction (Contractor) 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 Engi-
neer recommends that the Project be accept-
ed.
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 Bee
Branch Creek Restoration Project appropria-
tion for the contract amount of $141,742.63
less any retained percentage provided for
therein as provided in Iowa Code Chapter 573,
and to pay such retainage only in accordance
with the provisions of Iowa Code Chapter 573.
Passed, approved and adopted this 7th day
of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE BUILDING DECON-
STRUCTION ASSOCIATED WITH THE BEE
BRANCH CREEK RESTORATION PRO-
JECT, BID GROUP 7
The undersigned City Engineer of the City
Book 141 Regular Session February 7, 2011 39
of Dubuque, Iowa, hereby certifies that he has
inspected the Bee Branch Creek Restoration
Project, Bid Group 7, 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
$154,742.63.
Dated this 27th day of January, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 3rd
day of February, 2011.
Jeanne F. Schneider, CMC, City Clerk
Plat Approval: Kerper Boulevard — 12th
Street to 16th Street: City Manager recom-
mending approval of the plat of Lot 1 and Lot A
of Bee Branch Subdivision No. 2 in the City of
Dubuque, Dubuque County, Iowa. Upon mo-
tion the documents were received and filed
and Resolution No. 31 -11 Approving the final
plat of Lot 1 and Lot A of Bee Branch Subdivi-
sion No. 2 in the City of Dubuque, Dubuque
County, Iowa, was adopted.
RESOLUTION NO. 31 -11
APPROVING PLAT OF LOT 1 AND LOT A
OF BEE BRANCH SUBDIVISION NO. 2 IN
CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, a
plat dated the 19th day of January, 2011, pre-
pared by IIW Engineers & Surveyors, PC, de-
scribing Lot 1 and Lot A of Bee Branch Subdi-
vision No. 2 in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat of Lot 1 and Lot A
of Bee Branch Subdivision No. 2 in the City of
Dubuque, Iowa, dated the 19th day of January,
2011, prepared by IIW Engineers & Surveyors,
PC, relative to the real estate hereinabove
described be and the same is hereby ap-
proved, and the Mayor and City Clerk be and
they are hereby authorized and directed to
execute said plat for and on behalf of the City
of Dubuque, Iowa.
Section 2. That the City Clerk be and is
hereby authorized and directed to file said plat
and certified copy of this resolution in the office
of the Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this 7th day
of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Vacant and Abandoned Building (VABs)
and Problem Property Assessments: City
Manager recommending approval of vacant
and abandoned building and problem property
assessments. Upon motion the documents
were received and filed and Resolution No. 32-
11 Authorizing the City to collect delinquent
vacant and abandoned building and problem
property charges in accordance with Title 6 -6-
3B1 h; Title 16 -6 -4B3 and Title 6 -6B of the Code
of Ordinances of the City of Dubuque, Iowa,
was adopted.
RESOLUTION NO. 32 -11
AUTHORIZING THE CITY TO COLLECT DE-
LINQUENT VACANT AND ABANDONED
BUILDING AND PROBLEM PROPERTY
CHARGES IN ACCORDANCE WITH TITLE
6 -6 -3B1 h; TITLE 6-6-4B3 & TITLE 6 -6B OF
THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, residential properties in the City
of Dubuque are considered hazardous or un-
sanitary premises if vacant and abandoned
buildings and problem properties are allowed
to deteriorate according to 6 -6 -3B1 h; and
Whereas, whenever in the judgment of the
Housing Officer, a nuisance that is "palpably
and indisputably such" exists which requires
immediate action to protect the public health,
safety or welfare of the public, the Housing
Officer may order the emergency abatement of
such; and
Whereas, delinquent vacant and aban-
doned building and problem property charges
shall be certified by the City Clerk to the
Dubuque County Treasurer for collection with,
and in the same manner as general property
taxes.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the persons hereinafter,
owning the properties thereby set forth, are
delinquent in the payment of vacant and aban-
doned building and problem property charges:
NAME AND ADDRESS; PROPERTY DE-
SCRIPTION; AMOUNT
Property Investments Group LLC, 605 Bluff
Street, Dubuque IA 52001, 10 -24- 207 -008,L H
Langs add N 65' Lot 11 2134 -2146 Central
Ave, $440.00
Scott A Runde, P 0 Box 704, Cuba City WI
53807, 10 -24- 403 -009, E 1/2-S 88' -E 1/2-5 2/5
of City Lot 454 35 -35 1/2 W 15th St. $975.00
Dubuque Property Management, 8505
Southern Hills Court, Dubuque IA 52003, Lots
46 -50 and Lot 2 of 51 of Lenox Addition,
$1,425.00
John W & Sally Jo Herrig, 13659 Surrey
Lane, Dubuque IA 52002, 10 -25- 132 -042, E
1/2 Lot 2 -2- S 1/3 Lot 34 & All of Lot 35 in
Kellys Sub, $110.00
40 Regular Session February 7, 2011 Book 141
Irma E Reyes & Carmen Bries, 556 Clarke
Dr, Dubuque IA 52001, 10 -24- 155 -052, Lots 1-
3, 2 -3 & 4 All in Buettell's Sus (556 -558 Clarke
Dr), $674.56
Ryan A Neuhaus, 355 Kaufmann Avenue,
Dubuque IA 52001, 10 -24- 127 -031, Lot 2 -3-
135 & 2 -4 -135 L H Langworthy's Add, $125.00
Stuart G Hoover, 850 White Street, Dubu-
que IA 52001, 10 -24- 385 -007, Farleys Sub E
1/2 of Lot 11, $470.20
Kenneth John Moore, A /K/A Kenneth J
Moore C/O Nancy Moore, 803 Grant Court,
Maquoketa IA 52060, 10 -24- 456 -008, NLY 87'
1.2" of N 3/5 of City Lot 447, $3,725.00
Section 2. That the City Clerk be and is
hereby ordered and directed to certify to the
County Treasurer of Dubuque County, Iowa,
that the persons named hereinbefore are de-
linquent in the payment of vacant and aban-
doned building and problem property charges
in the amount set aside of the respective
names, and that said amounts shall be collect-
ed in the same manner as general property
taxes against the respective parcels of proper-
ty set opposite the names of the owners.
Passed, approved and adopted this 7th day
of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Grass and Weed Cutting Assessments:
City Manager recommending approval to certi-
fy grass and weed cutting charges to the
Dubuque County Treasurer in order to estab-
lish real property liens for collection of such
charges. Upon motion the documents were
received and filed and Resolution No. 33 -11
Authorizing the City to collect delinquent grass
and weed cutting and garbage collection
charges in accordance with Title 6 -6 -3C2o;
Title 6 -6 -4B3 and Title 6 -6B of the Code of
Ordinances of the City of Dubuque, Iowa, was
adopted.
RESOLUTION NO. 33 -11
AUTHORIZING THE CITY TO COLLECT DE-
LINQUENT GRASS AND WEED CUTTING
AND GARBAGE COLLECTION CHARGES
IN ACCORDANCE WITH TITLE 6 -6 -3C2o;
TITLE 6-6-4B3 & TITLE 6 -6B OF THE CODE
OF ORDINANCES OF THE CITY OF DUBU-
QUE, IOWA
Whereas, residential properties in the City
of Dubuque are considered substandard if any
conditions exist to an extent that endanger life,
limb, health, property, safety or welfare of the
public or the occupants thereof; and
Whereas, whenever in the judgment of the
Housing Officer, a nuisance that is "palpably
and indisputably such" exists which requires
immediate action to protect the public health,
safety or welfare of the public, the Housing
Officer may order the emergency abatement of
such; and
Whereas, delinquent grass and weed cut-
ting and garbage collection charges shall be
certified by the City Clerk to the Dubuque
County Treasurer for collection with, and in the
same manner as general property taxes.
NOW, THEREFORE BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the persons hereinafter,
owning the properties thereby set forth, are
delinquent in the payment of grass and weed
cutting and garbage collection charges:
NAME AND ADDRESS; PROPERTY DE-
SCRIPTION; AMOUNT
Dubuque Bank & Trust Company, 1398
Central Avenue, Dubuque IA 52001, 10 -24-
210 -006, LOT 1 -1 -1 -S 1/3 -99 L H Langwor-
thy's Add, $780.00
Terry L Atkinson, 8279 Kalb Ridge, Peosta
IA 52068, 10 -28- 401 -002, Lot 6 Blk 1 Fischer
Heights, $225.00
JBM Enterprises LLC, 14186 Dietz
Drive,10 -13- 487 -012, Lot 33 & LOT 1 -34
Cooks Add, $114.00
Empress Enterprises LLC, 199 New Mont-
gomery St #706, San Francisco CA 94105, 10-
24- 403 -017, Lot 1 of Winner Place, $435.00
CNI Properties LLC, 424 W Locust St,
Dubuque IA 52001, 10 -24- 338 -017, Lot 1 -2-
City Lot 667 & 2 -2 -2 of City Lot 667, $705.00
Fed National Mortgage Assoc, Two Galler-
ia Rower, 13455 Noel Rd, Suite 600, Dallas,
TX 75240, 10 -13- 453 -011, N 30' Lot 39 Staf-
fords Add, $988.00
Secretary of Housing & Urban Dev, C/O
Best Assets Inc, 501 Marquette Ave, Ste 1200,
Minneapolis, MN 55402,10 -22- 176 -011, Lot 2-
1 Giesel Highland Park, $1,085.00
Scott A Runde, PO Box 704, Cuba City WI
53807, 10 -24- 403 -009, E 1/2 -S 88' -E 1/2 -S 2/5
of City Lot 454 35 -35 1/2 W 15th St, $1,170.00
Jeffrey Welter, 2418 White Street, Dubu-
que IA 52001, 10 -14- 433 -014, Lot 2 -1 -2 Young
Primrose Place, $90.00
Kevin Gladwin, 590 Clarke Dr, Dubuque,
IA 52001, 10 -24- 153 -009, Bal - N 70' - LOT 8
J P Porters Add 590 -590 1/2 Clarke Dr, $50.00
Citimortgage Inc, Successor IN Int to Abn
Mortg, 1000 Technology Or MS 314, O'Fallon,
MO, 63368, 10 -24- 278 -007, 1/2 of Lot 111
East Dubuque Add, $345.00
CCRC Properties LLC, 4989 Wild Flower
Drive, Dubuque IA 52001, 10 -24- 208 -003, S
1/2 -W 1/2 -Lot 37 L H Langworthy's Add 2138-
2138 1/2 White, $660.00
Secretary of Housing & Urban Develop-
ment of Washington DC, 210 Walnut Street,
Des Moines, IA 50309, 10 -13- 304 -009, Lot 2
Miller Homestead, $385.00
Book 141 Regular Session February 7, 2011 41
Ocean Rock Investments LLC, 1940 Ame-
lia Dr, Dubuque IA 52001, 10 -12- 176 -002, Lot
10 O'Neills North Dub Add, $83.00
State Central Bank, 1805 Kennedy Road,
Dubuque IA 52001, 10 -24- 256 -001, N 26'5" -
N 2/5 of City Lot 436, $785.00
Henkels & Company Inc, C/O Richard
Henkel, 13912 Whistle Wind lane, Dubuque IA
52002, 10 -24- 256 -008, S 1/5 Of City Lot 436,
$348.00
Janice J Thielen, 2146 North Main Street,
10 -24- 214 -017, Lot 22 Steiner's Add 2033-
2035 Washington, $65.00
Dawn M, Redfern, 154 West 23rd Street,
Dubuque IA 52001, 10 -24- 128 -002, Lot 1 -1 -2-
33 Tivoli Add & Lot 1 -2 -2 -130 & Lot 2 -1 -1- 2-
130 L H Lang's Add, $85.00
Nathan B & Jennifer M Boyes, 14130 Cy-
press Point, Dubuque IA 52002, 10- 25 -378-
004, S 90' Of Lot 61 Union Add 977 -979
Cleveland Ave, $835.00
GNP LLC, 1700 Auburn, Dubuque, IA
52001, 10 -24- 334 -003, S 33'6" Of Lots 1 & 2
Morgans, $75.00
Dutrac Community Credit Union, 3465 As-
bury Road, Dubuque IA 52002, 10- 14 -305-
007, Lot 37 Blk 2 Marycrest Sub # 2, $110.00
BRP Properties LLC, 8505 Southern Hills
Ct, Dubuque, IA 52003, 10 -24- 439 -006, Lot 1-
1-S 1/5 of City Lot 480, $155.00
Gloria Valdez, 2137 Jackson St, Dubuque,
IA 52001, 10 -24- 208 -016, Lot 2 -S 3616 " -E 1/2-
Lot 37 L H Langworthy's Add, $80.00
Greg A Prehm, 8505 Southern Hills Court,
Dubuque, IA 52003, 10 -24- 378 -012, Lot 2 of
792 & Lot 2 of 793 A McDaniels Sub 631 -633
Chestnut, $573.00
Mid America Property, P 0 Box 1572,
Dubuque IA 52004 -1572, 10 -24- 437 -001, N
2/3 Lot 197 East Dubuque Add 1292 -1298
Elm, $90.00
Jesse J Rans, 125 Kayle Drive, Manches-
ter IA 52057, 10 -24- 177 -022, E 24' Of Lot 22
Cox's Add, $980.00
Terrance J Maiers, 3090 Castle Woods
Ln., Dubuque IA 52001, 10 -24- 267 -001, N 1/5
City Lot 485, $90.00
Greg A Prehm, 8505 Southern Hills Court,
Dubuque IA 52003, 10 -24- 381 -006, Lot 4 M A
McDaniels Sub 574 -576 Chestnut, $740.00
Loras Residential Cooperative Inc, C/O
Timothy F Terry, P 0 Box 75006, Cedar Rap-
ids IA 52407, 10 -24- 377 -012, Lot 811 & E 33
1/2' OF 812 A McDaniels Sub -
530/538/544/550 /560 Loras Blvd 530 -560 Lo-
ras Blvd, $115.00
BRP Properties LLC, 8505 Southern Hills
Court, Dubuque IA 52003, 10 -26- 232 -003, Lot
1 -58 in S M Langworthys Add 1158 -1160 Uni-
versity, $55.00
Tri -State Property Management LLC, 543
W 8th Street, Dubuque IA 52001, 10- 24 -332-
022, Lot 2 -1 -E 65' -5, Lot 2 -E 65'- 6, Lot 2 -N
26' -E 65' -7 All in Henion & Bairds Sub.; Also,
Lot 1 -1 -4 in Yates & Pickett 529 -535 Pickett,
$266.25
Tri -State Property Management LLC, 543
W 8th Street, Dubuque IA 52001, 10- 24 -332-
021, Lot 1 -1 -E 65' -5, Lot 1 -E 65'- 6, Lot 1 -E
65' -N 26' -7, all in Henion & Bairds, $176.25
BRP Properties LLC, 8505 Southern Hills
Court, Dubuque IA 52003, 10 -24- 332 -023, Lot
1 -1 -3 & Lot 2 -1 -4 Yates & Picketts 515 -519
Pickett, $56.25
Richard A Henkel, 13912 Whistlewind
Lane, Dubuque IA 52002, 10 -24- 387 -001, W
52' of Lot 1 of City Lot 687, $55.00
High Performance LLC, 8505 Southern
Hills, Dubuque IA 52003, 10 -24- 403 -002, S
1/2 of N 1/5 of City Lot 454, $850.00
Catherine M Bennett, 1815 Floraview,
Dubuque IA 52001, 10 -26- 181 -017, Lot 3 -7
Ann O'Hares Sub, $100.00
Fern E Wall Trust, 1304 South Sheffield
Court, Carol Stream IL 60188, 10 -13- 334 -012,
Lot 1 -1 & 2 -2 -1 all of Lots 218 & 219 Davis
Farm Add, $320.00
Michelle Scott, 607 West 8th Street, Dubu-
que, IA 52001, 10 -25- 130 -023, Lot 1 -16 & Lot
2 -16 City Lot 703, $565.00
Federal Natl. Mortgage Assoc, 13455 Noel
Rd, Ste 600, Dallas TX 75240, 10 -13- 184 -014,
E 41' of Lots 1, 2, 3 & 4 Westview Sub,
$685.00
Owen C & Susan K Hess, P 0 Box 277,
Guttenberg, IA 52052, 10 -24- 386 -007, S 80'
Lot 22 Farleys Sub & S 80' - W 10'6" Lot 23
Farleys Sub 619 -621 Jefferson, $155.00
Milton A Boyes, 3186 Erie Court, Dubuque
IA 52001, 10 -24- 216 -017, Lot 2- 2- 1- 2- 2 -3 -10 &
1 -1 -7 -9 Kniest Sub, $268.00
RJD Investments LLC, 12426 Barony
Drive, Dubuque IA 52001, 10 -26- 479 -006, Lot
2 -1 Whelens Sub & Lots 1 & 2 Blk 1
Grandview Park Add, $165.00
Christopher J Staebell, 1809 E 5th Street,
Sterling IL 61081, 10 -24- 108 -013, Lots 3 & 4
Littleton & Sawyers Add 693 & 695 Clarke Dr,
$200.00
John W & Sally Jo Herrig, 13659 Surrey
Lane, Dubuque IA 52002, 10 -25- 132 -042, E
1/2 Lot 2 -2- S 1/3 Lot 34 & all of Lot 35 in
Kellys Sub, $60.00
Jackson Square Estates LC, 3500 Dodge
St #387, Dubuque IA 52003, 10 -24- 281 -010,
Lot 1 -N 1/2 of 80 East Dubuque Add, $100.00
Edward Sr. & Luzmila Karwoski, C/O Ed-
ward Karwoski, 1530 Jackson Street, Dubuque
IA 52001, 10 -24- 281 -006, East Dubuque Add
S 1/2 - 45, $245.00
David & Laurie Vonah, 3450 Daniels
Street, Dubuque IA 52001, 10 -13- 483 -018, Lot
66 Cooks Add 707 -707 1/2 Lincoln, $305.00
Mark H & Lois M Bonifas, 2174 Seippel
42 Regular Session February 7,2011 Book 141
Road, Dubuque IA 52002, 11 -18- 353 -003, Lot
9 Hooper's Add 922 -924 Rhomberg Ave,
$1,480.00
Dubuque Property Management, 8505
Southern Hills Court, Dubuque IA 52003, Lots
46 -50 and Lot 2 of 51 of Lenox Addition,
$455.00
Tri -State Property Management LLC, 543
W 8th Street, Dubuque IA 52001, 10-24-381 -
018,S100'-W61'-S1/2- Lot 822AMcDan-
iels Sub 641 -649 W 11th St, $180.00
Frugal Mule Properties LLC, 303 Oak St,
Montfort, WI 53569, 10 -25- 133 -034, Lot 1 -2 -1-
39 Kellys Sub, $130.00
Deutsche Bank Natl Tr CO, Ocwen Loan
Servicing LLC, 1661 Worthing Road Ste 100,
West Palm Beach FL 33409, 10 -14- 233 -008,
W 170' of Lot 316 Davis Farm Add, $240.00
John J Jaeger, 2026 Rockdale Road,
Dubuque IA 52001, 10 -13- 304 -003, Lot 33
South Park Hill Add, $130.00
Ryan A Neuhaus, 355 Kaufmann Avenue,
Dubuque IA 52001, 10 -24- 127 -031, Lot 2 -3-
135 & 2 -4 -135 L H Langworthy's Add, $320.00
Bon Vivant LC, C/o James & Kathy Bauer -
ly, 3500 Dodge Street Suite 387, Dubuque IA
52003, 10 -24- 155 -042, Lot 58 Coxs Add,
$85.00
Bourbon Street Estates LC, 3500 Dodge
Street #387, Dubuque IA 52003, 10- 24 -155-
041, Lot 59 Coxs Add 515 -517 Almond,
$70.00
Bourbon Street Estates LC, 3500 Dodge
Street #387, Dubuque IA 52003, 10- 24 -155-
039, Lot 61 Coxs Add 533 -535 Almond,
$70.00
High Performance Properties LLC, 8505
Southern Hills, Dubuque IA 52001, 10- 24 -411-
010, Lot 2- 2 -2 -1 -N 2/5 of City Lot 461, $70.00
Moore, Kenneth John A/K/A Kenneth J
Moore, C/O Nancy Moore, 803 Grant Court,
Maquoketa IA 52060, 10 -24- 411 -001, N 60'4"
N 2/5 of City Lot 464, $75.00
Hillside Homes LLC, C/O Nancy Moore,
803 Grant Court, Maquoketa IA 52060, 10 -24-
330 -013, S 2/5 of City Lot 473, $80.00
Justin P Delaney, 1519 Lincoln, Dubuque
IA 52001, 11 -18- 154 -004, SW 1/2 of Lot 572
Hams Add, $70.00
Nancy Jo Moore, 803 Grant Court, Maquo-
keta IA 52060, 10 -24- 377 -004, Lot 2 -817 A
McDaniels Sub, $65.00
Secretary of Hsg & Urban Dvlpt , Bank of
America, 7105 Corporate Dr MS Ptx -C -35,
Plano TX 75024, 10 -13- 410 -005, S 30' -1 -3
Geigers Sub, $90.00
High Country Estates LC, 3500 Dodge St
#387, Dubuque IA 52003, 10 -25- 104 -001, Lot
6 Cains Sub 1080 -1082 1/2 Wilson, $65.00
Nottingham Properties LLC, 2115 Kennedy
Road, Dubuque IA 52002, 10 -13- 477 -018, Lot
2 -15 & Lot 2 -2 -16 Hooper's Add, $210.00
Ryan P Hickson, 743 Cleveland Avenue,
Dubuque IA 52003, 10 -25- 404 -006, E 1/2 Lot
44 Union Add, $155.00
David F Murray, 1360 Jackson Street,
Dubuque IA 52001, 10 -24- 430 -005, N 1/2 Lot
54 East Dubuque Add, $65.00
Thomas J & Martha J Blake, 115 Skyline
Drive, Guttenberg IA 52052, 10 -24- 203 -023, E
35' -Lot 84 L H Langworthy's Add 215 -217 E
22nd St, $95.00
Natalie Bonar - Arnold, 213 Dorm Unit 202,
Grand Forks ND 58207, 10 -24- 176 -031, E 1/2
of Lot 95 Cox's Add, $100.00
Pennymac Corp, P 0 Box 30597, Los An-
geles CA 90030, 10 -13- 432 -006, NW 40' -SW
1/2 -Lot 1 & NW 40' of Lot 2 Wick's Add,
$65.00
Steven J & Jana L Schmitt, 1910 Kitty
Hawk Drive, Waterloo IA 50701, 10- 24 -403-
018, Lot 2 of Winner Place, $205.00
Stuart G Hoover, 850 White Street, Dubu-
que IA 52001, 10 -24- 385 -007, Farleys Sub E
1/2 of Lot 11, $105.00
Cottage Estates L C, C/O Bonjour, 3500
Dodge #387, Dubuque IA 52001, 10- 23 -236-
006, Lot 75 Pleasant View Add 750 -752 Cot-
tage, $100.00
BRP Properties LLC, 8505 Southern Hills
Court, Dubuque IA 52003, 10 -24- 385 -001, N
1/2 of Lot 13 N 1/2 of Lot 14 Farley Sub,
$70.00
Corey D Lansing, 18185 Kaune Ln, Dubu-
que IA 52002, 10 -24- 129 -028, Lot 6 Tivoli Add,
$320.00
Janandsteveland LLP, 2675 Raven Oaks
#7, Dubuque IA 52001, 10 -24- 217 -003, N 33'
Lot 21 & the N 33' Lot 22 E Dubuque Add,
$60.00
Dan Siefker, 1838 Central Ave, Dubuque
IA 52001, 10 -24- 256 -005, S 26' - M 1/5 - City
Lot 436, $65.00
Dubuque Properties LLC, 1805 State
Street Suite 103, Bettendorf IA 52722, 10 -14-
234 -010, E 170' of Lot 325 Davis Farm Add,
$130.00
Roger Richard, 1543 Washington Street,
Dubuque IA 52001, 10 -24- 281 -016, N 1/2 Lot
77 East Dubuque Add, $270.75
Section 2. That the City Clerk be and is
hereby ordered and directed to certify to the
County Treasurer of Dubuque County, Iowa,
that the persons named hereinbefore are de-
linquent in the payment of grass and weed
cutting and garbage collection charges in the
amount set aside of the respective names, and
that said amounts shall be collected in the
same manner as general property taxes
against the respective parcels of property set
opposite the names of the owners.
Passed, approved and adopted this 7th day
of February, 2011.
Book 141 Regular Session
February 7, 2011 43
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Delinquent Water, Sewer, Refuse and
Storm Water Collection Accounts: City Man-
ager recommending approval of the submis-
sion of delinquent water, sewer, refuse and
storm water collection accounts to the Dubu-
que County Treasurer. Upon motion the doc-
uments were received and filed and Resolution
No. 34 -11 Adopting the Schedule of Assess-
ments for delinquent water, refuse, sewer and
storm water collection accounts and directing
the Clerk to certify the schedule of assess-
ments to the County Treasurer and to publish
notice thereof was adopted.
RESOLUTION NO. 34 -11
ADOPTING THE SCHEDULE OF ASSESS-
MENTS FOR DELINQUENT WATER, SEW-
ER, REFUSE AND STORM WATER AC-
COUNTS AND DIRECTING THE CITY
CLERK TO CERTIFY THE SCHEDULE OF
ASSESSMENTS TO THE COUNTY TREAS-
URER AND TO PUBLISH NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the Sched-
ule of Assessments attached hereto for delin-
quent water, sewer, refuse, and storm water
accounts which Schedule of Assessments was
filed in the office of the City Clerk on the 31st
day of January, 2011 the said Schedule of
Assessments be and the same is hereby ap-
proved and adopted.
That there be, and is herby assessed and
levied as a lien upon the real property, the
respective sums indicated.
That the City Clerk be and is hereby di-
rected to certify said schedule to the County
Treasurer of Dubuque County, Iowa, and to
publish notice of said certification once each
week for two consecutive weeks in the manner
provided in Iowa Code § 362.3, the first publi-
cation of which shall be not more than fifteen
days from the date of filing of the final sched-
ule. On or before the date of the second pub-
lication of the notice, the City Clerk shall also
mail a copy of said notice to property owners
whose property is subject to assessment, as
provided and directed in Iowa Code § 384.60.
The assessments may be paid in full or in
part at the Utility Billing Office, City Hall, 50 W.
13th Street, Dubuque, Iowa, at any time within
30 days after the date of the first publication of
the notice of the filing of the Schedule of As-
sessments with the County Treasurer. After
30 days, unpaid assessments are payable at
the County Treasurer's Office, Dubuque Coun-
ty Courthouse, 720 Central Avenue, Dubuque,
Iowa, and charges shall be collected in the
same manner as general property taxes
against the respective parcels of the property
set opposite the name of the property owner.
Passed, approved and adopted this 7th day
of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
SCHEDULE OF ASSESSMENTS FOR DE-
LINQUENT WATER, SEWER, REFUSE AND
STORM WATER ACCOUNTS
Customer Name; Service Address; Ac-
count Balance; Admin Fee; Balance;
Aaron D Locke, 321 Monroe St., $221.31,
$5.00, $226.31
Albert J & Melissa L Reiff, 528 Lincoln
Ave., 27.73, 5.00, 32.73
Allan R Brimeyer, 327 Klingenberg Ter-
race, 158.12, 5.00, 163.12
Amy L & Micah J Tuttle, 2945 Keokuk St.,
284.56, 5.00, 289.56
Angie Grimes, 2695 Dove St., 155.19,
5.00, 160.19
Antonio G Conley, 1104 Riverview St.,
35.16, 5.00, 40.16
ATM Properties LLC, 2155 Paul St., 56.57,
5.00, 61.57
Auto & Truck Parts Inc., 3000 Jackson St.,
254.07, 5.00, 259.07
Barry F Landolt, 911 Garfield Ave., 114.55,
5.00, 119.55
Bayview Investments LC, 30 W 28th St.,
153.79, 5.00, 158.79
Bill J Finn, 2010 Shelby St., 74.33, 5.00,
79.33
Bill J Finn, 1860 Heeb St., 127.21, 5.00,
132.21
Bob J Rooney, 921 Garfield Ave., 515.81,
5.00, 520.81
Chad J Hagge, 800 W Locust St., 113.05,
5.00, 118.05
Charles W Wehrspann, 3870 Creston St.,
207.26, 5.00, 212.26
Chris C Clark, 2411 Rhomberg Ave.,
33.29, 5.00, 38.29
Chris J Feldman, 1675 Amy Ct, 127.50,
5.00, 132.50
Christopher J Mayne, 1001 Garfield Ave.,
365.78, 5.00, 370.78
Ck Concrete Construction LLC, 7869
Commerce Park, 181.07, 5.00, 186.07
Corey E Bonner, 1815 W 3rd St., 94.94,
5.00, 99.94
Cory L Data, 719 Rose St., 571.46, 5.00,
576.46
Craig T & Leslie E Birch, 525 W Locust St.
Apt A, 79.03, 5.00, 84.03
Curtis J Prado, 2230 Francis St. Apt 2,
219.42, 5.00, 224.42
D W Geiger, 2600 Central Ave., 441.12,
5.00, 446.12
44 Regular Session
February 7, 2011 Book 141
Dale A Hayes, 2501 Central Ave., 368.63,
5.00, 373.63
Dale B Walker, 830 Valentine Dr., 242.57,
5.00, 247.57
Dallas M Kalmes, 1038 Bluff St., 201.27,
5.00, 206.27
Daniel J Siefker, 1838 Central Ave.,
151.66, 5.00, 156.66
David B Welsh, 775 S Grandview Ave.,
96.28, 5.00, 101.28
David J Witter, 2815 Jackson St., 33.32,
5.00, 38.32
Dean W Miller, 604 Rhomberg Ave., 57.52,
5.00, 62.52
Debbie L Feldman, 739 W 8th St., 559.20,
5.00, 564.20
Dennis A Gottschalk, 849 Kaufmann Ave.,
372.62, 5.00, 377.62
Deutsche Bank National Trust, 475 Valeria
St., 234.14, 5.00, 239.14
Don D Heim, 596 University Ave., 128.86,
5.00, 133.86
Doran R & Berry, Shari L Bush, 2925 Pi-
nard St., 36.28, 5.00, 41.28
Dubuque Property Investments LLC, 743
Roberts St., 110.69, 5.00, 115.69
Freedom Properties li LLC, 2027 Ogilby
Rd., 42.88, 5.00, 47.88
French Quarter Estates LC, 395 W 17th St.
Apt 3, 9.27, 5.00, 14.27
Gary Bernhard, 1110 Roosevelt St., 56.54,
5.00, 61.54
Gary Bernhard, 1100 Roosevelt St.,
139.73, 5.00, 144.73
Gary E & Susan M Bay, 1815 Jackson St.,
169.00, 5.00, 174.00
Gary E & Susan M Bay, 1805 Jackson St.,
200.03, 5.00, 205.03
Greg B Cray, 745 Davis St., 242.19, 5.00,
247.19
H & R Properties, 1586 Washington St.,
145.15, 5.00, 150.15
Henkel & Company Inc., 1804 Central
Ave., Apt 1, 64.50, 5.00, 69.50
Irma Reyes, 556 Clarke Dr., 157.45, 5.00,
162.45
Ivan P Divino, 345 W Locust St. Apt 3,
54.70, 5.00, 59.70
J Foht, 723 Peru Rd., 139.73, 5.00, 144.73
James & Suzanne Callahan, 2521 Windsor
Ave., 119.17, 5.00, 124.17
James J Healey, 2435 Coates St., 134.04,
5.00, 139.04
Janet M Miller, 2175 Roosevelt St., 276.21,
5.00, 281.21
Jay C Close, 689 W Locust St., 268.80,
5.00, 273.80
Jeffrey J Huseman, 2390 Theda Dr.,
243.12, 5.00, 248.12
Jeffrey T Smith, 1265 Thomas PI, 240.53,
5.00, 245.53
Jeremy D Shireman, 2225 St. Celia St.,
46.99, 5.00, 51.99
Jerod F & Sarah A Bennett, 750 Kelly Ln.,
242.07, 5.00, 247.07
Jesse Rans, 2008 Foye St., 85.49, 5.00,
90.49
Jim Prine, 1040 Davis Ave., 101.22, 5.00,
106.22
Jody & Jason P McCarty, 2170 Deborah
Dr., 247.94, 5.00, 252.94
Joe & Hayes, Casie Schumacher, 2131
Jackson St. # 1, 271.80, 5.00, 276.80
John C / Ann C Schober, 2395 Knob Hill
Dr., 49.46, 5.00, 54.46
John J Jaeger, 884 University Ave. #3,
90.29, 5.00, 95.29
John R Barbee, 3085 Oak View Ct, 287.40,
5.00, 292.40
Josie M Hagensten, 9 E 26th St., 123.18,
5.00, 128.18
Julie A LeClere, 2491 Hempstead St.,
44.10, 5.00, 49.10
Julie Leclere, 2489 Hempstead St., 98.41,
5.00, 103.41
Kathryn A Schrauth, 410 Kaufmann Ave.,
184.62, 5.00, 189.62
Kellie L Thein, 1713 Vizaleea Dr., 342.81,
5.00, 347.81
Kenneth A Ginter, 2662 Ogle St., 158.84,
5.00, 163.84
Kenneth E Keller, 2054 Jackson St. # 2,
103.77, 5.00, 108.77
Kenneth E Keller, 2054 Jackson St. # 1,
174.58, 5.00, 179.58
Kenny J Birch, 1414 Washington St.,
104.55, 5.00, 109.55
Kermit Jackson, 1875 Clarke Dr., 93.48,
5.00, 98.48
Kimberly A Qassebji, 1175 Kane St.,
259.47, 5.00, 264.47
Kress Industrial Facility LLC, Seippel Rd.
Commercial Park, 239.42, 5.00, 244.42
Larry Oglesby, 712 Hill St. Apt 1, 107.22,
5.00, 112.22
Larry P & Cheryl A Conley, 2512 Broadway
St., 342.65, 5.00, 347.65
Lonnie L Allen, 2565 Front St., 115.46,
5.00, 120.46
Marar LLC, Cedar Cross Rd., 1,374.27,
5.00, 1,379.27
Mark Krolich, 743 Louise St., 98.48, 5.00,
103.48
Marsha K Rauch, 705 W 3rd St., 329.35,
5.00, 334.35
Mary Kay Hurm, 2170 Green St., 202.08,
5.00, 207.08
Maurice A Kirchberg, 1228 Jackson St.,
304.81, 5.00, 309.81
Michael / Patricia Betts, 4955 Old Hwy Rd.,
60.52, 5.00, 65.52
Michael Dennison, 595 Angella St., 142.67,
5.00, 147.67
Michael J Finn, 2570 Jackson St., 152.89,
Book 141 Regular Session
February 7, 2011 45
5.00, 157.89
Michael Kane, 2222 Washington St.,
85.07, 5.00, 90.07
Michelle Scott, 607 W 8th St., 55.28, 5.00,
60.28
Monte J Bruggeman, 2494 Hempstead St.,
118.09, 5.00, 123.09
Nadine M Banfield, 932 Merz St., 208.79,
5.00, 213.79
Patrick J Duggan, 1540 Central Ave. Apt
2s, 38.44, 5.00, 43.44
Patrick J Duggan, 1540 Central Ave. Apt
2n, 187.17, 5.00, 192.17
Patrick J Duggan, 1542 Central Ave.,
292.30, 5.00, 297.30
Patrick R Marsh, 158 Bluff St., 92.78, 5.00,
97.78
Phylesia J Stratton, 338 Kaufmann Ave.
Apt 2, 61.17, 5.00, 66.17
Radford Court Real Estate LLC, 4989 Rad-
ford Ct, 155.37, 5.00, 160.37
Randy A Vosberg, 2019 Heeb St., 80.33,
5.00, 85.33
Rebecca A Stover, 2875 Argyle St.,
149.79, 5.00, 154.79
Rick R & Susan K Rhomberg, 1572 Old
Mill Rd., 73.40, 5.00, 78.40
Ricky J Hurst, 3975 Inwood Ave., 139.56,
5.00, 144.56
Rob J / Vickie L McMullen, 3998 Inwood
Ave., 133.18, 5.00, 138.18
Robert J Sarazin, 2626 Broadway St.,
227.46, 5.00, 232.46
Ron J Herrig, 3686 Crescent Ridge,
298.68, 5.00, 303.68
Ron Rudiger, 590 Angella St., 158.71,
5.00, 163.71
Ronald C Steuer, 3478 Kimberly Dr.,
322.18, 5.00, 327.18
Ronda S Carpenter, 2655 Beverly Ave.,
210.33, 5.00, 215.33
Ryan A Neuhaus, 355 Kaufmann Ave.,
85.64, 5.00, 90.64
Sally J Randall, 505 Sapphire Circle,
243.99, 5.00, 248.99
Sandralee M Scott, 599 W 8th St., 196.58,
5.00, 201.58
Sandy L Hefel, 1289 W 5th St., 189.51,
5.00, 194.51
Scotlyn Properties, 37 W 15th St. #3, 7.49,
5.00, 12.49
Scotlyn Properties, 37 W 15th St. Apt 1,
29.59, 5.00, 34.59
Scotlyn Properties, 35 W 15th St. 1st,
70.49, 5.00, 75.49
Scott A Runde, 35 W 15th St. Apt 2, 42.05,
5.00, 47.05
Scott A Runde, 35 W 15th St. Apt 1, 42.10,
5.00, 47.10
Scott A Runde, 37 W 15th St. #2, 66.91,
5.00, 71.91
Scott W Shaffer, 2911 Jackson St., 334.38,
5.00, 339.38
Secretary of Housing & Urban, 2224 Fran-
cis St. Apt 1, 39.85, 5.00, 44.85
Secretary of Housing & Urban, 2224 Fran-
cis St. Apt 2, 39.85, 5.00, 44.85
Secretary of Housing & Urban, 2222 Fran-
cis St., 39.85, 5.00, 44.85
Secretary of Housing & Urban, 904 Rhom-
berg Ave., 202.30, 5.00, 207.30
Sherrie L Jones, 2790 Andrew Ct, 224.65,
5.00, 229.65
So Fourth Pacific Rim Finance, 2225
Kerper Blvd., 552.50, 5.00, 557.50
Terry Atkinson, 45 Oak Grove Dr., 147.25,
5.00, 152.25
Theresa M Sawvell, 5300 Olde Highway
Rd., 118.92, 5.00, 123.92
Thomas J & Martha J Blake, 2301 White
St. Apt 1, 24.32, 5.00, 29.32
Thomas J & Martha J Blake, 2305 White
St. Apt 2, 101.69, 5.00, 106.69
Thomas J & Martha J Blake, 2214 Jackson
St. # 2, 208.15, 5.00, 213.15
Thomas J & Martha J Blake, 2214 Jackson
St. # 1, 225.70, 5.00, 230.70
Thomas J & Martha J Blake, 357 Kauf-
mann Ave. Apt 2, 274.05, 5.00, 279.05
Thomas J Wernimont, 1328 Jackson St.,
216.51, 5.00, 221.51
Timothy J Hitzler, 312 Clarke Dr 1st, 22.22,
5.00, 27.22
Timothy K Manning, 1552 Locust St,
163.46, 5.00, 168.46
Toby Kress, 3020 N Cascade Rd., 118.03,
5.00, 123.03
Tom E Connolly, 2900 Indiana Ave., 77.72,
5.00, 82.72
Tom J Ede, 3951 Inwood Ave., 139.86,
5.00, 144.86
Vicki L Rako, 1017 Bluff St., 116.52, 5.00,
121.52
Vikki L Vondran, 2490 Green St., 160.26,
5.00, 165.26
Wayne & Allie Ross, 556 W 17th St.,
206.91, 5.00, 211.91
Wendy T & David A Miller, 82 Collins St.,
63.62, 5.00, 68.62
William Fay, 1285 Rockdale Rd., 152.27,
5.00, 157.27
William L Delaney, 554 W Locust St.,
163.46, 5.00, 168.46
Wm. L Cook, 2227 Washington St., 75.43,
5.00, 80.43
Comprehensive Annual Financial Report
(CAFR): City Manager transmitting the 2010
Comprehensive Annual Financial Report
(CAFR). Upon motion the documents were
received and filed.
Sister City Relationships Advisory Com-
mission: Communication from Eric Miller advis-
46 Regular Session February 7, 2011 Book 141
ing that he will be unable to accept an ap-
pointment to the Sister City Relationships Ad-
visory Commission. Upon motion the docu-
ment was received and filed and the resigna-
tion accepted.
Workers' Compensation Claims: City Man-
ager recommending approval of the settlement
of the workers' compensation claims of Mi-
chael Clancy and Kevin Sweeney. Upon mo-
tion the documents were received, filed, and
approved.
Levee Certification — Interior Drainage
Study Agreement Amendment: City Manager
recommending approval to amend the City's
agreement with CDM to include the interior
drainage study required as a prerequisite for
levee certification. Upon motion the documents
were received, filed, and approved.
Historic Millwork District Streetscape and
Utilities — V &K Amendment No. 2: City Man-
ager recommending approval of Amendment
No. 2 to the Historic Millwork District
Streetscape and Utilities Professional Engi-
neering Services Agreement between the City
and Veenstra & Kimm, Inc. (V &K). Upon mo-
tion the documents were received, filed, and
approved.
Citizen Petition: Petition submitted by Ju-
dith Hertin, 2074 Morningview Road, regarding
school taxes. Upon motion the documents
were received and filed.
A.Y. McDonald Manufacturing Iowa
Demonstration Fund Application: Communica-
tion to the Iowa Department of Economic De-
velopment in support of the application submit-
ted by A.Y. McDonald Manufacturing for finan-
cial assistance from the IDED's Demonstration
Fund. Upon motion the document was re-
ceived and filed.
Quarterly Investment Report: City Manager
transmitting the December 31, 2010 Quarterly
Investment Report. Upon motion the docu-
ments were received and filed.
Preliminary DFIRM Revised Panels: City
Manager transmitting correspondence with the
Federal Emergency Management Agency
(FEMA) regarding revised panels for the pre-
liminary Digital Flood Insurance Rate Map
(DFIRM) for our community. Upon motion the
documents were received and filed.
Envision 2010 Brochure: Submittal of the
new Envision 2010 progress report brochure.
Upon motion the document was received and
filed.
Dubuque Industrial Center North First Ad-
dition — Covenants: City Manager recommend-
ing approval of the same covenants that gov-
ern the Dubuque Industrial Center West for the
Dubuque industrial Center North First Addition.
Upon motion the documents were received
and filed and Resolution No. 35 -11 Adopting
the Third Amended and Restated Declaration
of Covenants, Conditions, Restrictions, Reser-
vations, Easements, Liens and Charges with
respect to Dubuque Industrial Center North
First Addition was adopted.
RESOLUTION NO. 35 -11
ADOPTING THE THIRD AMENDED AND
RESTATED DECLARATION OF COVE-
NANTS, CONDITIONS, RESTRICTIONS,
RESERVATIONS, EASEMENTS, LIENS AND
CHARGES WITH RESPECT TO DUBUQUE
INDUSTRIAL CENTER NORTH FIRST ADDI-
TION
Whereas, the City platted the Dubuque In-
dustrial Center West and on October 25, 1999
the City Council adopted covenants to govern
this industrial property; and
Whereas, on April 15, 2002 the City adopt-
ed the covenants to include the Dubuque In-
dustrial Center West Lots 1, 2, 3, 4 A, B, C and
D and Dubuque Industrial Center West 2od
Addition to the Dubuque Industrial Center
West; and
Whereas, on June 2, 2006 the City adopt-
ed the covenants to also include the Dubuque
Industrial Center West 5th Addition; and
Whereas, on November 15, 2010 the City
Council approved the final plat for the Dubu-
que Industrial Center North Addition; and
Whereas, the City Council has determine
that the Third Amended and Restated Declara-
tion of Covenants, Conditions, Restrictions,
Reservations, Easements, Liens and Charges
attached hereto should govern Dubuque In-
dustrial Center North First Addition.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Third Amended and Re-
stated Declaration of Covenants, Conditions,
Restrictions, Reservations, Easements, Liens
and Charges is hereby approved and shall
govern Dubuque Industrial Center North First
Addition.
Section 2. The Mayor and City Clerk are
hereby authorized and directed to endorse the
approval for the City of Dubuque, Iowa, on the
Third Amended and Restated Declaration of
Covenants, Conditions, Restrictions, Reserva-
tions, Easements, Liens and Charges.
Passed, approved and adopted this 7th day
of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Book 141 Regular Session February 7, 2011 47
Signed Contracts: (A) 975 Central Parking
Ramp Change Order #PS -02; (B) Water Pollu-
tion Control Plant Modifications — Miron Con-
struction Co., Inc. Change Order No. 3; (C)
JELD -WEN Chipper Agreement; (D) Water
Pollution Control Plant Modifications — Strand
Associates, Inc. — Engineering Services
Agreement — Outfall Sewer Assessment; (E)
Water Pollution Control Plant Modifications —
Miron Construction Co., Inc. Change Order
No. 4; (F) Water Pollution Control Plant Modifi-
cations — MWH Americas, Inc. Additional Ser-
vice Agreement II; (G) Water Pollution Control
Plant Modifications — Strand Associates, Inc. —
Construction Related Services Agreement;
and (H) Water Pollution Control Plant Modifica-
tions — EcoSmart Building, PC — Additional
Services for Utility Rebate Verification. Upon
motion the documents were received and filed.
Liquor License Applications: City Manager
recommending approval of annual liquor li-
cense renewals as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 36 -11 Granting the issuance of a
Class "C" Beer Permit to Oky Doky #8 and
Hartig Drug #8; and Resolution No. 37 -11
Granting the issuance of a Class "C"
Beer /Liquor License to Tony's Place and
Dubuque Mining Company; a Special Class
"C" Liquor License to Pusateri's; a Class "B"
Wine Permit to Oky Doky #8 and Hartig Drug
#8; and a Class "WBN" Native Wine Permit to
Cedar Cross Amoco were adopted.
RESOLUTION NO. 36 -11
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
ined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Beer Permit.
CLASS "C" BEER PERMIT
Hill Street Plaza, Inc., Oky Doky # 8 Food
+(Sunday Sale), 535 Hill St.
Hartig Drug Company, Hartig Drug # 8
+(Sunday Sale), 1600 University Ave.
Passed, approved and adopted this 7th day of
February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 37 -10
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
nances 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
Charles Steffen, Tony's Place, 1701 Cen-
tral Ave.
The Apartment, Ltd., Dubuque Mining
Company, +(Sunday Sale), 555 JFK Rd.
SPECIAL CLASS "C" LIQUOR LICENSE
Pusateri Enterprises, Inc.,
Pusateri's +(Sunday sale), 2400 Central Ave.
CLASS "B" WINE
Hill Street Plaza, Inc., Oky Doky # 8, 535
Hill St.
Hartig Drug Company, Hartig Drug # 8,
1600 University Ave.
CLASS "WBN" NATIVE WINE
L. B. Metcalf, Inc., Cedar Cross Amoco,
1200 Cedar Cross Rd.
Passed, approved and adopted this 7th day
of February, 2011
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Jones to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Lynch. Motion carried 6 -0.
Sale of Property at 346 East 19th Street:
City Manager recommending that a public
hearing be set for February 22, 2011 to con-
sider approval of the sale of property at 346
East 19th Street. Upon motion the documents
were received and filed and Resolution No. 38-
11 Resolution of intent to dispose of City -
owned property, specifically, North '/% of Lot
97, except the West 57'6" thereof, in East
Dubuque Addition in the City of Dubuque, Iowa
according to the recorded plat thereof — 346
East 19th Street was adopted setting a public
hearing for a meeting to commence at 6:30
p.m. on February 22, 2011 in the Historic Fed-
eral Building.
48 Regular Session
February 7, 2011 Book 141
RESOLUTION NO. 38 -11
RESOLUTION OF INTENTION TO DISPOSE
OF CITY -OWNED PROPERTY, SPECIFI-
CALLY, NORTH 1/2 OF LOT 97, EXCEPT THE
WEST 57'6" THEREOF, IN EAST DUBUQUE,
IN THE CITY OF DUBUQUE, IOWA, AC-
CORDING TO THE RECORDED PLAT
THEREOF - 346 E. 19TH Street
Whereas, the City of Dubuque has pur-
chased certain real property for the purpose of
re -sale for owner- occupied housing; and
Whereas, the City received an offer to pur-
chase this property from a qualifying family;
and
Whereas, by accepting the selected offer
the City's objective of providing first -time
homeownership to a lower- income buyer can
be realized.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa,
intends to dispose of its interest in the follow-
ing legally- described property:
"North '/% of Lot 97, except the West 57'6"
thereof, in East Dubuque, in the City of Dubu-
que, Iowa, according to the recorded plat
thereof."
Section 2. That the City of Dubuque, Iowa,
proposes to dispose of its interest in the above
described real property to Kevin L. and Becky
M. Lightfoot for the sum of $1.
Section 3. That the City Clerk is hereby au-
thorized 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 City's intent to dispose of the foregoing -
described Property, to be held on the 22od day
of February, 2011, at 6:30 o'clock p.m. at the
Historic Federal Building, 650 West Locust,
Dubuque, Iowa.
Passed, approved and adopted this 7th day
of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Washington Neighborhood Conservation
District Expansion: City Manager recommend-
ing that a public hearing be set for February
22, 2011 to consider approval of an amend-
ment to expand the Washington Street Neigh-
borhood Conservation District. Upon motion
the documents were received, filed, and ap-
proved setting a public hearing for a meeting
to commence at 6:30 p.m. on February 22,
2011 in the Historic Federal Building.
Engine House #1 MT, LLC Lease: City
Manager recommending that a public hearing
be set for February 22, 2011 to consider ap-
proval of 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, which formerly housed the
Housing Department offices. Upon motion the
documents were received and filed and Reso-
lution No. 39 -11 Resolution to set hearing on
disposal of interest in real property to Engine
House #1 MT, LLC, was adopted setting a
public hearing for a meeting to commence at
6:30 p.m. on February 22, 2011 in the Historic
Federal Building.
RESOLUTION NO. 39 -11
RESOLUTION TO SET HEARING ON DIS-
POSAL OF INTEREST IN REAL PROPERTY
TO ENGINE HOUSE #1 MT, LLC
Whereas, the City has received a proposal
to transfer possession, by means of a lease
agreement, of the real property owned by the
City and located at 1805 Central Avenue,
Dubuque, Iowa (the "Property ") to Engine
House #1 MT, LLC, an Iowa limited liability
company (the "Developer "); and
Whereas, the City Council has determined
that the rehabilitation and reconstruction of
said Property under the terms of the lease
agreement proposed by the Developer is in the
best interests of the City and the residents
thereof; and
Whereas, Section 364.7 of the Iowa Code
requires that a public hearing be held on the
proposal to dispose of an interest in real prop-
erty.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF DUBUQUE, IO-
WA:
Section 1. That this Council meet in the
Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa, at 6:30 o'clock P.M. on the
22nd day of February, 2011, for the purpose of
taking action on the matter of disposing of an
interest in real property, by means of a lease
agreement, to Engine House #1 MT, LLC.
Section 2. That the Clerk is hereby directed
to cause at least one publication to be made of
a notice of said hearing, in a legal newspaper,
printed wholly in the English language, pub-
lished at least once weekly, and having gen-
eral 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
hearing.
Section 3. That the notice of the public
hearing shall be in substantially the [provided]
form.
Passed and approved this 7th day of Feb-
ruary, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Book 141 Regular Session February 7, 2011 49
BOARDS /COMMISSIONS
Applicants were invited to address the City
Council regarding their desire to serve on the
following Boards /Commissions:
Mechanical Board: One 3 -year term
through March 16, 2014 (Term of Hillard). Ap-
plicant: Gary Hillard, 2826 Muscatine Street.
Sister City Relationships Advisory Com-
mission: One 3 -year term through February 1,
2014 (Term of Miller). Applicants: Jill Connors,
720 Nevada Street, and Phyllis Lee, 520 S.
Grandview Avenue. Ms. Connors and Ms. Lee
spoke in support of their respective appoint-
ment.
Transit Advisory Board: One 3 -year term
through July 30, 2011 (Term of Croissant)
Applicant: R.R.S. Stewart, 460 Summit
Street. Ms. Stewart spoke in support of her
appointment.
Appointments to the following
Boards/Commissions: Community Develop-
ment Advisory Commission: One 3 -year term
through February 15, 2014 (Term of Michal-
ski). Applicant: Ann Michalski, 1520 Altura
Drive. Motion by Braig to appoint Ann Michal-
ski to the Community Development Advisory
Commission for a 3 -year term through Febru-
ary 15, 2014. Seconded by Resnick. Motion
carried 6 -0.
PUBLIC HEARINGS
Upon motion, the rules were suspended al-
lowing anyone present to address the City
Council.
Expansion of Faley Properties, LLC and
Faley Enterprises, Inc. (IWO: Proof of publica-
tion on notice of public hearing to consider
approval of the disposition of Dubuque Indus-
trial Center West property to Faley Properties,
LLC and Faley Enterprises, Inc. for the pur-
pose of constructing a 65,000 square foot of-
fice /distribution center and City Manager rec-
ommending approval. Motion by Connors to
receive and file the documents and adopt
Resolution No. 40 -11 Approving a Develop-
ment Agreement providing for the sale of
8.369 acres in the Dubuque Industrial Center
West to Faley Properties, LLC and Faley En-
terprises, Inc. Seconded by Jones. Motion
carried 6 -0.
RESOLUTION NO. 40 -11
APPROVING A DEVELOPMENT AGREE-
MENT PROVIDING FOR THE SALE OF 8.369
ACRES IN THE DUBUQUE INDUSTRIAL
CENTER WEST TO FALEY PROPERTIES,
LLC AND FALEY ENTERPRISES, INC.
Whereas, the City Council, by Resolution
No. 16 -11, dated January 18, 2011 declared
its intent to enter into a Development Agree-
ment with Faley Properties, LLC, and Faley
Enterprises, Inc,. for the sale of 8.369 acres in
the Dubuque Industrial Center West (the
Property); and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position on February 7, 2011 at 6:30 p.m. in
the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa; and
Whereas, it is the determination of the City
Council that approval of the Development
Agreement for the sale to and development of
the Property by Faley Properties, LLC, and
Faley Enterprises, Inc., according to the terms
and conditions set out in the Development
Agreement is in the public interest of the City
of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development
Agreement by and between the City of Dubu-
que, Faley Properties, LLC, and Faley Enter-
prises, Inc., for the sale of the Property is
hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Develop-
ment Agreement on behalf of the City and City
Clerk is authorized and directed to attest to his
signature.
Section 3. That the Mayor and City Clerk
are hereby authorized and directed to execute
and deliver a Special Warranty Deed for the
Property as provided in the Development
Agreement.
Section 4. That the City Manager is author-
ized to take such actions as are necessary to
comply with the terms of the Development
Agreement as herein approved.
Passed, approved and adopted this 7th day
of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Plastic Center, Inc. — Development Agree-
ment: Proof of publication on notice of public
hearing to consider entering into a Develop-
ment Agreement with Plastic Center, Inc. for
the purpose of redeveloping properties located
at 426 West 5th Street and 951, 955 and 957
Main Street and City Manager recommending
approval. Motion by Connors to receive and
file the documents and adopt Resolution No.
41 -11 Approving a Development Agreement
with Plastic Center Inc. for the property locat-
ed at 426 West 5th Street and 951, 955 and
957 Main Street. Seconded by Jones. Motion
carried 6 -0.
50 Regular Session February 7, 2011 Book 141
RESOLUTION NO. 41-11
APPROVING A DEVELOPMENT AGREE-
MENT WITH PLASTIC CENTER, INC., FOR
THE PROPERTY LOCATED AT 426 W. 5TH
STREET AND 951, 955 AND 957 MAIN
STREET
Whereas, the City of Dubuque, Iowa, has
created a Downtown Incentive Programs 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 financial incentives to
help finance code compliance activities and to
spur redevelopment; and
Whereas, it is the determination of this
Council that approval of the Development
Agreement for the rehabilitation of the Proper-
ties owned by Plastic Center, Inc., according to
the terms and conditions set out in the Devel-
opment Agreement is in the public interest of
the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agree-
ment with Plastic Center Inc., is hereby ac-
cepted and approved.
Section 2. That the Mayor is hereby au-
thorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, the at-
tached Development Agreement with Plastic
Center, Inc.
Section 3. That the City Manager is hereby
authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all nec-
essary loan /grant documents and is further
authorized to disburse loan /grant funds in ac-
cordance with the terms and conditions of the
executed agreement.
Passed, approved and adopted this 7th day
of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Southwest Arterial — North Cascade Road
Bridge Construction Project: Proof of publica-
tion on notice of public hearing to consider
approval of the plans and specifications, form
of contract, estimated cost for the North Cas-
cade Road Bridge Construction Project and
award of the contract to Minnowa Construc-
tion, Inc., in the amount of $1,408,542.50 and
City Manager recommending approval. Motion
by Jones to receive and file the documents
and adopt Resolution No. 42 -11 Approval of
plans, specifications, form of contract, and
estimated cost for the North Cascade Road
Bridge Project; and Resolution No. 43 -11
Awarding public improvement contract for the
North Cascade Road Bridge Construction Pro-
ject. Seconded by Braig. Responding to ques-
tions from City Council, Assistant City Engi-
neer Bob Schiesl provided additional infor-
mation about the qualifications and back-
ground of Minnowa Construction, Inc. Motion
carried 6 -0.
RESOLUTION NO. 42 -11
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE NORTH CASCADE ROAD
BRIDGE CONSTRUCTION PROJECT
(PHASE II OF THE SOUTHWEST ARTERI-
AL), IOWA DOT PROJECT NO. HDP -
2100(661)- -71 -31
That the proposed plans, specifications,
form of contract and estimated cost for the
North Cascade Road Bridge Construction Pro-
ject (Phase II of the Southwest Arterial), Iowa
DOT Project No. HDP -2100 (661)-- 71 -31, in
the estimated amount $1,887,600, are hereby
approved.
Passed, approved and adopted this 7th day
of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 43 -11
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE NORTH CASCADE ROAD
BRIDGE CONSTRUCTION PROJECT
(PHASE II OF THE SOUTHWEST ARTERI-
AL), IOWA DOT PROJECT NO. HDP -2100
(661)- -71 -31
Whereas, said sealed proposals were
opened and read by the Iowa Department of
Transportation on the 19th day of January,
2011 and it has been determined that Min -
nowa Construction, Inc., of Harmony, MN, with
a bid in the amount of $1,408,542.50 is the
lowest responsive, responsible bidder for the
Project.
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 Minnowa Con-
struction, Inc., subject to the concurrence by
Iowa Department of Transportation (Iowa
DOT), and the City Manager is hereby directed
to execute a Public Improvement Contract on
behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 7th day
of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
Book 141 Regular Session February 7, 2011 51
ACTION ITEMS
Greater Dubuque Development Corpora-
tion: Rick Dickinson, Executive Director —
Greater Dubuque Development Corporation, to
provide a verbal update. Motion by Lynch to
receive and file the information. Seconded by
Resnick. Mr. Dickinson introduced staff and
described their duties and highlighted the work
of GDDC, IBM, Dubuque workforce statistics,
and national marketing efforts. Mr. Dickinson
responded to questions from the City Council.
Motion carried 6 -0.
Alamo / Historic Millwork District Parking:
City Manager recommending approval of the
Assignment of Rights in Purchase Agreement
from Warehouse Redevelopment, LLC to
Rouse and Dean Foundry, LLC. Motion by
Connors to receive and file the documents and
adopt Resolution No. 44 -11 Approving an As-
signment of Rights in Purchase Agreement for
property in the Historic Millwork District, com-
monly referred to as the Alamo Site, to Rouse
and Dean Foundry, LLC. Seconded by Braig.
Motion carried 6 -0.
RESOLUTION NO. 44 -11
APPROVING AN ASSIGNMENT OF RIGHTS
IN PURCHASE AGREEMENT FOR PROP-
ERTY IN THE HISTORIC MILLWORK DIS-
TRICT, COMMONLY REFERRED TO AS
THE ALAMO SITE, TO ROUSE AND DEAN
FOUNDRY, LLC
Whereas, Warehouse Redevelopment,
LLC, is the owner of City Lot 2 of Center City
Place in the City of Dubuque, Iowa, according
to the United States Commissioners' Map of
the Town of Dubuque, Iowa (the Property);
and
Whereas, the City Council approved Reso-
lution 394 -10, approving a purchase agree-
ment for the Property with Warehouse Rede-
velopment, LLC; and
Whereas, Warehouse Redevelopment,
LLC, wants to sell the property to Rouse and
Dean Foundry, LLC, but must have City ap-
proval to assign the contract; and
Whereas, the Assignment of Rights in Pur-
chase Agreement, attached hereto and by this
reference made a part hereof, sets forth the
terms and conditions of the Assignment from
Warehouse Redevelopment, LLC, to Rouse
and Dean Foundry, LLC.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Assignment of Rights in
Purchase Agreement, attached hereto, is
hereby approved.
Section 2. That the City Manager is hereby
authorized and directed to execute, on behalf
of the City of Dubuque, Iowa, said Assignment
of Rights in Purchase Agreement.
Passed, approved and adopted this 7th day
of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Historic Millwork District Complete Streets
Project: City Manager recommending award of
the contract for the Historic Millwork District
Complete Streets Project to Portzen Construc-
tion in the amount of $5,575,005.92. Motion by
Jones to receive and file the documents and
adopt Resolution No. 45 -11 Awarding public
improvement contract for the Historic Millwork
District Complete Streets Project. Seconded
by Lynch. Motion carried 6 -0.
RESOLUTION NO. 45 -11
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE HISTORIC MILLWORK
DISTRICT COMPLETE STREETS PROJECT
Whereas, sealed proposals have been
submitted by contractors for the Historic Mill-
work District Complete Streets Project (the
Project) pursuant to Resolution No. 460 -10
and Notice to Bidders published in a newspa-
per published in the City of Dubuque, Iowa, on
the 9th day of December, 2010; and
Whereas, said sealed proposals were
opened and read on the 25th day of January,
2011 and it has been determined that Portzen
Construction, Inc., of Dubuque, Iowa, with a
bid in the amount of $5,575,005.92, is the low-
est responsive, responsible bidder for the Pro-
ject.
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 Portzen Con-
struction, Inc., and the City Manager is hereby
directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for
the Project.
Passed, approved and adopted this 7th day
of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Southwest Arterial Value Engineering
Study: City Manager recommending approval
of the recommendations of the preliminary
design Value Engineering evaluation and sup-
port the proposed design modifications being
incorporated into the Final Design phase for
the Southwest Arterial project. Motion by Con-
nors to receive and file the documents and
adopt Resolution No. 46 -11 Approving and
supporting the Value Engineering recommen-
dations for the final design phase of the
Southwest Arterial. Seconded by Braig. Re-
52 Regular Session February 7, 2011 Book 141
sponding to questions from City Council, As-
sistant City Engineer Bob Schiesl addressed
funding information and safety concerns. Mo-
tion carried 6 -0.
RESOLUTION NO. 46 -11
APPROVING AND SUPPORTING THE VAL-
UE ENGINEERING RECOMMENDATIONS
FOR THE FINAL DESIGN PHASE OF THE
SOUTHWEST ARTERIAL
Whereas, the Federal Highway Administra-
tion (FHWA) and the Iowa Department of
Transportation (Iowa DOT) required that a
formal Value Engineering (VE) Study be con-
ducted to identify potential modifications that
might decrease the construction cost or to
increase the value of the Southwest Arterial
the Project), without changing the roadway
functionality; and
Whereas, the FHWA, City of Dubuque
(City), AECOM (consultant), WHKS & Co.
(consultant) recommended seven VE modifica-
tion concepts: interchange configuration
changes to the SW Arterial /US 20 /Seippel
Road, North Cascade /English Mill Road and
US 151/61; Military Road design; the incorpo-
ration of roundabouts at ramp terminals and
frontage road intersections; implementation of
sustainable project components; reduction of
roadway profiles to reduce earthwork; and
modification /standardization of bridge structure
configurations; and
Whereas, on December 9, 2010 the Dubu-
que Metropolitan Area Transportation Study
(DMATS) Policy Committee concurred and
supported the proposed design modifications
for the Project (DMATS Resolution 2010 -12)
as recommended by the VE evaluation.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Value Engineering (design)
modifications for the Southwest Arterial Project
are hereby recommended.
Section 2. The City Council hereby sup-
ports the proposed design modifications to be
incorporated into the final design phase of the
Southwest Arterial Project.
Passed, approved and adopted this 7th day
of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Request for Proposals — Biosolids Man-
agement Program: City Manager recommend-
ing approval of the issuance of a Request for
Proposals to seek qualified contractors inter-
ested in developing, implementing, and main-
taining a biosolids management program for
the Water Pollution Control Plant (WPCP).
Motion by Connors to receive and file the doc-
uments and approve the recommendation.
Seconded by Braig. Motion carried 6 -0.
First Amendment to Development Agree-
ment with Maylay Holdings, LLC, and Van-
guard Countertops, Inc.: City Manager rec-
ommending approval of the First Amendment
to the Development Agreement between the
City of Dubuque and Malay Holdings, LLC,
and Vanguard Countertops, Inc., to provide for
a three year extension of the job creation peri-
od to January 1, 2014. Motion by Jones to
receive and file the documents and adopt
Resolution No. 47 -11 Approving the First
Amendment to the Malay Holdings, LLC and
Vanguard Countertops, Inc., Development
Agreement. Seconded by Connors. Motion
carried 6 -0.
RESOLUTION NO. 47 -11
APPROVING THE FIRST AMENDMENT TO
THE MALAY HOLDINGS, LLC, AND VAN-
GUARD COUNTERTOPS, INC., DEVELOP-
MENT AGREEMENT
Whereas, a Development Agreement (the
Agreement), dated June 2, 2008 was entered
into by and between the City of Dubuque, a
municipal corporation of the State of Iowa
(City), Malay Holdings, LLC, an Iowa limited
liability company with its principal place of
business at Dubuque, Iowa (Developer), and
Vanguard Countertops, Inc., an Iowa corpora-
tion with its principal place of business in
Dubuque, Iowa (Employer); and
Whereas, City, Malay Holdings, LLC, and
Vanguard Countertops, Inc., now desire to
amend the Development Agreement as set
forth attached First Amendment.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the First Amendment of the
Malay Holdings, LLC, and Vanguard Counter-
tops, Inc., Development Agreement is hereby
approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute said First
Amendment 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 Manager is author-
ized to take such actions as are necessary to
implement the terms of the First Amendment
as herein approved.
Passed, approved and adopted this 7th day
of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Teamsters Local Union No. 120 — Collec-
tive Bargaining Agreement: City Manager rec-
ommending approval of the collective bargain-
ing agreement between the City of Dubuque
Book 141 Regular Session February 7, 2011 53
and the Teamsters Local Union No. 120 for
Fiscal Year 2012. Motion by Jones to receive
and file the documents and adopt Resolution
No. 48 -11 Approving the agreement between
the City of Dubuque, Iowa and the Teamsters
Local Union No. 120 and authorizing the
Mayor to sign the agreement. Seconded by
Lynch. City Council thanked the Teamsters
Union and City employees for their teamwork.
Motion carried 6 -0.
RESOLUTION NO. 48 -11
APPROVING THE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA, AND THE
TEAMSTERS LOCAL UNION NO. 120 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 Teamsters Local Union No.
120 is an employee organization within the
meaning of Section 3 (4) of the Public Em-
ployment Relations Act; and
Whereas, the Teamsters Local Union No.
120, submitted a request to bargain collective-
ly on behalf of the employees within its repre-
sentation; 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.
Passed, approved and adopted this 7th of
February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque Professional Firefighters Asso-
ciation, Local #353 — Collective Bargaining
Agreement: City Manager recommending ap-
proval of the collective bargaining agreement
between the City of Dubuque and the Dubu-
que Professional Firefighters Association, Lo-
cal #353, for Fiscal Year 2012. Motion by
Jones to receive and file the documents and
adopt Resolution No. 49 -11 Approving the
agreement between the City of Dubuque, Io-
wa, and the Dubuque Professional Firefighters
Association, Local #353, and authorizing the
Mayor to sign the agreement. Seconded by
Braig. Motion carried 6 -0.
RESOLUTION NO. 49 -11
APPROVING THE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA, AND
DUBUQUE PROFESSIONAL FIREFIGHT-
ERS ASSOCIATION, LOCAL #353, 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 Dubuque Professional Fire-
fighters Association, Local #353, is an em-
ployee organization within the meaning of Sec-
tion 3 (4) of the Public Employment Relations
Act; and
Whereas, the Dubuque Professional Fire-
fighters Association, Local #353, 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.
Passed, approved and adopted this 7th day
of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
K9 Acquisition: City Manager recommend-
ing approval to proceed with the adoption of a
U.S. Army trained K9, purchase of equipment
and training of a new handler. Motion by Con-
nors to receive and file the documents and
approve the recommendation. Seconded by
Braig. Motion carried 6 -0.
Safe Community Task Force Recommen-
dation Implementation - Volunteer Center Co-
ordinator: City Manager recommending ap-
proval of an Iowa Commission on Volunteer
Service AmeriCorps VISTA position grant ap-
plication for a Volunteer Center Coordinator
and a Memorandum of Agreement for the posi-
tion. Motion by Connors to receive and file the
documents and approve the recommendation.
Seconded by Braig. Responding to questions
from City Council, Leisure Services Manager
Marie Ware stated that the coordinator would
be located at the Leisure Services Office. Mo-
tion carried 6 -0.
James Street — Request for Removal of
Two -Hour Parking: City Manager recommend-
54 Regular Session February 7,2011 Book 141
ing approval of the removal of two -hour park-
ing on the east side of James Street from
Mazzuchelli Heights to West 3rd Street. Motion
by Connors to receive and file the documents
and that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Braig. Motion carried 6-
0.
Motion by Connors for final consideration
and passage of Ordinance No. 10 -11 Amend-
ing Section 9- 14- 321.602(c) of the Code of
Ordinances of the City of Dubuque, Iowa,
providing for two -hour parking by deleting
James Street, east side, from Mazzuchelli
Heights to West 3rd Street. Seconded by Braig.
Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 10 -11
AMENDING SECTION 9- 14- 321.602(c) OF
THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA, PROVIDING FOR
TWO -HOUR PARKING BY DELETING
JAMES STREET, EAST SIDE, FROM MAZ-
ZUCHELLI HEIGHTS TO WEST 3RD STREET
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of
the City of Dubuque, Iowa, be amended by
deleting James Street, east side, from Maz-
zuchelli Heights to West 3rd Street from Sub-
section of Section 9 -14- 321.602 thereof as
follows:
"Sec. 9 -14- 321.602: Parking Prohibit-
ed on Designated Streets or Portions Thereof ":
(c) Time Zones Designated.
Two -Hour Time Zones:
James Street, east side, from
Mazzuchelli Heights to West 3rd Street
Passed, approved and adopted this 7th day
of February, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Jeanne F. Schneider, CMC, City
Clerk
Published officially in the Telegraph Herald
Newspaper the 11th day of February, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Disabled Parking Space Fine Increase:
City Manager recommending approval of a
disabled parking space fine increase from
$100.00 to $200.00 to reflect State of Iowa
changes. 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. Motion carried
6 -0.
Motion by Jones for final consideration and
passage of Ordinance No. 11 -11 Amending
City of Dubuque Code of Ordinances Title 9
Motor Vehicles and Traffic, Chapter 14 Park-
ing, Section 9 -14- 321.621 Parking Violations;
Fines by increasing the fine for disabled park-
ing violations from $100.00 to $200.00. Se-
conded by Braig. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -11
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 9 MOTOR VEHICLES
AND TRAFFIC, CHAPTER 14 PARKING,
SECTION 9 -14- 321.621 PARKING VIOLA-
TIONS; FINES BY INCREASING THE FINE
FOR DISABLED PARKING VIOLATIONS
FROM $100.00 TO $200.00
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9 -14- 321.621 of the City
of Dubuque Code of Ordinances is amended
to read as follows:
9 -14- 321.621: PARKING VIOLATIONS;
FINES:
A. The owner or operator of any
vehicle who shall receive notice, either
personally or by the attaching of such
notice to said vehicle, that said vehicle
is parked in such manner, in such a
place or for such a time as to violate
the provisions of this chapter relating to
the parking of vehicles, shall pay to the
city treasurer as a penalty for such vio-
lation the following sum:
2. Disabled parking violations, a
fine of two hundred dollars ($200.00).
Section 2. This Ordinance shall take effect
on publication.
Passed, approved and adopted this 7th day
of February, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Jeanne F. Schneider, CMC, City
Clerk
Published officially in the Telegraph Herald
Newspaper the 11th day of February, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Rental License Requirement Amendments:
City Manager recommending approval of
amendments to the rental licensing ordinance.
Motion by Connors to receive and file the doc-
uments and that the requirement that a pro-
posed ordinance be considered and voted on
for passage at two Council meetings prior to
the meeting at which it is to be passed be sus-
pended. Seconded by Lynch. Responding to
questions from City Council, Van Milligen pro-
vided examples of possible exceptions and
Book 141 Regular Session February 7, 2011 55
stated that he would only waive the require-
ment under advisement of the City Attorney
and the Police Chief. Motion carried 6 -0.
Motion by Connors for final consideration
and passage of Ordinance No. 12 -11 Amend-
ing City of Dubuque Code of Ordinances Title
6 Health, Housing, Sanitation, and Environ-
ment, Chapter 6 Housing Regulations, Section
6 -6 -7 Licenses and Inspections adding a pro-
vision which allows the City Manager to waive
the crime free multi- housing program require-
ment as a condition of a rental license; and
adds a provision which allows the City Manag-
er to waive the criminal background check
requirement as a condition of a rental license.
Seconded by Braig. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -11
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 6 HEALTH, HOUSING,
SANITATION, AND ENVIRONMENT, CHAP-
TER 6 HOUSING REGULATIONS, SECTION
6 -6 -7 LICENSES AND INSPECTIONS ADD-
ING A PROVISION WHICH ALLOWS THE
CITY MANAGER TO WAIVE THE CRIME
FREE MULTIHOUSING PROGRAM RE-
QUIREMENT AS A CONDITION OF A
RENTAL LICENSE; AND A PROVISION
WHICH ALLOWS THE CITY MANAGER TO
WAIVE THE CRIMINAL BACKGROUND
CHECK REQUIREMENT AS A CONDITION
OF A RENTAL LICENSE
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6 -6 -7 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
6 -6 -7: LICENSES AND INSPECTIONS:
A. Rental Dwelling Operating License:
4. Licenses: The city manager is
hereby authorized to issue and renew
a rental dwelling operating license in
the name of the applicant property
owner, manager, or licensed real es-
tate professional, provided the follow-
ing criteria are met.
e. The property owner or
manager must have completed
the Crime Free Multihousing Pro-
gram (the Program) or a program
of continuing education approved
by the city manager as follows:
(7) The city manager
may waive the continuing
education /Crime Free Multi -
housing Program attend-
ance requirement upon the
submission of a written re-
quest by a property owner,
manager, or licensed real
estate professional and after
finding that:
i. The property is
properly licensed by the
city of Dubuque;
ii. The property has
no history of priority cat-
egory designation or any
founded Code violations
within the previous
twelve (12) months; and,
iii. A waiver will not
provide the property
owner with an unfair ad-
vantage in a competitive
real estate market.
f. Criminal Background
Checks.
(1) The property owner,
manager, or licensed real
estate professional agrees
to conduct background
checks for all prospective
tenants whose tenancy
commences on or after July
1, 2011. A background
check may be performed us-
ing the city's free back-
ground check service or by
another background check
service approved by the city
manager.
(2) The city manager
may waive the criminal
background check require-
ment upon the submission of
a written request by a prop-
erty owner, manager, or li-
censed real estate profes-
sional and after a finding
that:
i. The property is
properly licensed by the
city of Dubuque;
ii. The property has
no history of priority cat-
egory designation or any
founded Code violations
within the previous
twelve (12) months; and,
iii. A waiver will not
create a danger to near-
by residents.
Section 2. This Ordinance takes effect up-
on publication.
56 Special Session February 9, 2011 Book 141
Passed, approved and adopted this 7th day
of February, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Jeanne F. Schneider, CMC, City
Clerk
Published officially in the Telegraph Herald
Newspaper the 11th day of February, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Work Session — Sustainable Dubuque: City
Manager requesting that a work session re-
garding Sustainable Dubuque be scheduled
for March 7, 2011 at 5:00 p.m. Motion by
Jones to receive and file the document and
approve the request. Seconded by Lynch. Mo-
tion carried 6 -0.
Fiscal Year 2012 Operating Budget and
Capital Improvement Program: City Manager
submitting the Fiscal Year 2012 Operating
Budget and Five Year Capital Improvement
Program. Motion by Connors to receive and
file documents. Seconded by Jones. Motion
carried 6 -0.
COUNCIL MEMBER REPORTS
Jones stated that he would like staff to ex-
plore expanding the recently passed ordinance
affecting landlords to include property theft by
tenants. City Attorney Lindahl and Police Chief
Mark Dalsing provided information about city
and state theft laws, current procedures and
the information already available to landlords
and tenants.
Buol reported on his attendance at the re-
cent U.S. Conference of Mayors and specifi-
cally the Civility Accord presented by the
Mayor of Tucson, Arizona, which addresses
good citizen - elected official relations.
CLOSED SESSION
Motion by Jones to go into closed session
at 8:02 p.m. 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 8:44 p.m. stating that staff
had been given proper direction.
There being no further business, upon mo-
tion the City Council adjourned at 8:45 p.m.
/s /Jeanne F. Schneider, CMC
City Clerk
Book 141 Regular Session February 7, 2011 57
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in special
session at 6:30 p.m. on February 9, 2011 in
the Historic Federal Building.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, City
Manager Michael Van Milligen
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City depart-
mental budgets.
Departmental Budget Review
Fiscal Year 2012 Departmental Budgets
were presented by staff from the following City
departments: Health Services, City Attorney's
Office, City Manager's Office, City Council,
City Clerk's Office, and Cable TV Division. City
Council had discussion with staff following
each presentation.
Health Services: Mary Rose Corrigan, Pub-
lic Health Specialist, presented the Fiscal Year
2012 budget for this department. Responding
to questions from the City Council, Corrigan
stated that while licensing is at 56 percent, the
animal program would be self- supporting if all
pets were licensed. She added fluctuations in
department revenues are due to inspections
that do not generate revenue, health education
presentations dictated by the prominent sea-
sonal diseases, and receipt of payments for
inspections performed in the previous fiscal
year. Braig stated a preference for the im-
provement packaged allowing for one full -time
animal control officer to aid in reallocating re-
sources from the Police Department. Jones
questioned why a city representative is not on
the Humane Society Board similar to other
boards that receive city funding.
City Attorney's Office: City Attorney Barry
Lindahl and Assistant City Attorney Crenna
Brumwell presented the Fiscal Year 2012
budget for this department. Lindahl explained
that the City Attorney is the attorney for the
County Board of Review, which causes addi-
tional departmental expenses.
City Manager's Office: The Fiscal Year
2012 budget for this department was present-
ed by Budget Director Jenny Larson, Assistant
City Manager Teri Goodmann, Neighborhood
Development Specialist Jerelyn O'Connor,
Public Information Officer Randy Gehl, GIS
Coordinator Nikki Brietsprecker, and Manage-
ment Fellow Phyllis Russell. Lynch questioned
the need for the improvement package allow-
ing for a citizen survey and asked if it could be
delayed. Responding to questions from City
Council, Van Milligen stated that the survey
was a recommendation of the recent NIU
Crime and Poverty Study adding that re-
strictions on certain funding sources dictate
whether or not funds can be shifted to other
activities.
City Council: City Manager Michael Van
Milligen presented the Fiscal Year 2012 budg-
et for this department stating that there was
little change from Fiscal Year 2011.
City Clerk's Office. City Clerk Jeanne
Schneider presented the Fiscal Year 2012
budget for this department.
Cable TV Division. Cable TV Coordinator
Craig Nowack presented the Fiscal Year 2012
budget for this department and provided a
video presentation of the Division's activities.
There being no further business, upon mo-
tion the City Council adjourned at 9:27 p.m.
/s /Jeanne F. Schneider, CMC
City Clerk
58 Special Session, February 15, 2011 Book 141
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in special
session at 6:30 p.m. on February 15, 2011 in
the Historic Federal Building.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick; City
Manager Van Milligen
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City depart-
mental budgets.
DEPARTMENTAL BUDGET REVIEW
Fiscal Year 2012 Departmental Budgets
were presented by staff from the following City
departments: Water Department, Water Pollu-
tion Control Plant, Public Works Department,
and the Engineering Department. City Council
had discussion with staff following each
presentation.
Water Department: Water Department
Manager Bob Green introduced staff and pre-
sented the Fiscal Year 2012 budget for this
department. Responding to questions from
City Council, Green stated that the department
has made improvements to the Water Valve
Box Maintenance Program; and fluctuations in
the amount of additives is dependent upon the
water quality at the time the additives are in-
troduced, federal requirements, and new digi-
tal calculation equipment. Green added that
the amount of Debt Service is related to water
tower improvements in addition to the impact
of the Water Meter Replacement Program.
Water Pollution Control Plant: WPCP Man-
ager Jonathon Brown introduced staff and
presented the Fiscal Year 2012 budget for this
department. Responding to questions from
City Council, Brown stated that the remaining
incinerator is working well and a contingency
plan is in place should it fail before its sched-
uled replacement. He explained the benefits of
the laboratory addition and that the projected
rate increase will affect utility bills and not
property taxes. Brown added that rates are
affected by current energy costs and may pos-
sibly stabilize in the future.
Public Works Department: Public Works
Director Don Vogt introduced staff and pre-
sented the Fiscal Year 2012 budget for this
department. Responding to questions from the
City Council, Vogt stated that the status of
removing ornamental trees planted along the
riverfront is still unknown, and the department
will review resurfacing Rockdale and Cedar
Cross Roads. A device that measures the kil-
owatt usage of appliances is available to citi-
zens through the Library. Street Maintenance
Supervisor John Klostermann stated that
heightened Corps of Engineers standards re-
quire the removal of all vegetation along the
floodwall with certain exceptions, and re-
placement benches along the south floodwall
are being considered. Van Milligen reiterated
that the City has a $1 million contingency fund
if needed to offset the possibility of increased
fuel costs. Resource Management Coordinator
Paul Schultz shared recycling statistics and
described efforts being taken to encourage
recycling.
Engineering Department: City Engineer
Gus Psihoyos introduced staff and presented
the Fiscal Year 2012 Budget for this depart-
ment. A video describing the operations of the
traffic cameras and Traffic Center was pre-
sented. Responding to questions from City
Council, Van Milligen stated that engineers are
reimbursed for mileage when they use per-
sonal vehicles for work. Psihoyos stated that
he will review the signalization at Rhomberg
and Elm Streets; described the new style of
catch basins, and that a second full -time engi-
neer has been added to the Traffic Center.
Traffic Engineer Dave Ness provided addition-
al information related to the video storage and
virtual server improvement package. Civil En-
gineer Jon Dienst stated that the Green Alley
project will become an annual project begin-
ning with Fiscal Year 2013 with the City con-
tinuing its current policy with respect to alley
maintenance. Walt McFadden, 5580 Pennsyl-
vania Avenue, asked if there are plans to ex-
tend sanitary sewer to annexed areas yet to be
developed. Van Milligen and Psihoyos both
stated that it has been the City's policy to work
with developers on extending service to an-
nexed properties as plans for development
become known.
There being no further business, upon mo-
tion the City Council adjourned at 9:13 p.m.
/s /Jeanne F. Schneider, CMC
City Clerk
Book 141 Special Session, February 17, 2011 59
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in special
session at 6:30 p.m. on February 17, 2011 in
the Historic Federal Building.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick; City
Manager Van Milligen
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City depart-
mental budgets.
DEPARTMENTAL BUDGET REVIEW
Fiscal Year 2012 Departmental Budgets
were presented by staff from the following City
departments: Human Rights Department, In-
formation Services Department, Five Flags
Center, Grand River Center (Conference Cen-
ter), Recreation Division, and Parks Division.
City Council had discussion with staff following
each presentation.
Human Rights Department: Human Rights
Director Kelly Larson introduced staff and pre-
sented the Fiscal Year 2012 budget for this
department. Responding to questions from
City Council, Larson stated that the depart-
ment will start mediation and processes the
claim intakes while the City Attorney's Office
handles the formal complaints adding that In-
tercultural Competency Training is most suc-
cessful through institutional training and
neighborhood outreach.
Information Services Department: Infor-
mation Services Manager Chris Kohlmann
introduced staff and presented the Fiscal Year
2012 budget for this department. Responding
to questions from City Council, Kohlmann ex-
plained the virtual fax server improvement
package, that funding resources for IBM -
related projects are available for another year,
and provided clarification of adjustments in
software maintenance /licensing expenses.
Five Flags Center Division and Grand Riv-
er Center (Conference Center): Leisure Ser-
vices Manager Marie Ware thanked
staff /commission members and presented the
Fiscal Year 2012 budget for these divisions.
Responding to questions from City Council,
Ms. Ware confirmed the amount of property
tax support for both facilities, replacement of
exterior benches at the Grand River Center will
be skateboard -proof with old benches being
recycled; and painting of the facility is on a
rotation with the Exhibit Hall due at this time.
Van Milligen explained the operating agree-
ment between the Grand River Center and
Platinum Hospitality Group and the obligations
of the Vision Iowa Grant. Grand River Center
Manager Mitzy Yordy thanked the Council for
their partnership.
Recreation Division: Recreation Division
Manager Pat Prevenas introduced staff and
presented the Fiscal Year 2012 budget for this
division. Responding to questions from City
Council, Prevenas explained the changes in
Miscellaneous Services; consideration will be
given to a Porta -Potty for the BMX Park; and
the cost of the golf course irrigation system is
split over fiscal years 2013 and 2014. Leisure
Services Manage Marie Ware described the
changes in and challenges with the Ameri-
Corps program. Multicultural Family Center
Director Tara Velez described the activities
and progress of the Center.
Parks Division: Parks Division Manager
Bob Fritsch presented the Fiscal Year 2012
budget for this Division. Braig questioned the
unapproved improvement package allowing for
increased wages for employees certified for
work with pesticides. Responding to questions
from City Council, Mr. Fritsch stated that the
improvement package allowing for a new em-
ployee to care for the Bee Branch Creek pro-
ject is also needed now for care of existing
natural plantings that require attention. Van
Milligen added that delay of the request would
not impact property taxes and minimally im-
pact the storm water fee. Fritsch added that he
advises against the more costly 'ornamental"
landscaping and favors an increase in native
plantings. Resnick questioned the need for a
specialist to work with low- maintenance native
landscape. Adjustments are being made in the
placement of the playground unit and layout of
Comiskey Park.
There being no further business, upon mo-
tion the City Council adjourned at 9:36 p.m.
/s /Jeanne S. Schneider, CMC
City Clerk
60 Regular Session, February 22, 2011 Book 141
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
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 Con-
ference Board of 3/1/10 and 3/18/10; City
Council of 2/7, 2/9, and 2/15; Housing Com-
mission 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; Mi-
chael 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 mo-
tion 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 Com-
munities 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 mo-
tion the documents were received, filed and
concurred.
Southwest Arterial Consultant Supple-
mental Agreement — Final Design: City Man-
ager recommending approval of Supplemental
Agreement No. 7 with AECOM Technical Ser-
vices, 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 Ser-
vices - 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 PROFES-
SIONAL SERVICES — SUPPLEMENTAL
AGREEMENT NO. 7 BETWEEN AECOM
TECHNICAL SERVICES, INC., AND THE
CITY OF DUBUQUE FOR THE FINAL ENGI-
NEERING DESIGN PHASE OF THE
SOUTHWEST ARTERIAL PROJECT
Whereas, the City of Dubuque is proceed-
ing 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 re-
views, recent geotechnical findings and rec-
ommendations outlined in the Value Engineer-
ing study, several modifications to the previous
preliminary plans were developed; and
Whereas, as a result of the proposed de-
sign and plan modifications, the Consultant
Professional Services - Supplemental Agree-
ment authorizes AECOM to provide the re-
vised 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 Profes-
sional 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 - Supple-
mental Agreement with AECOM Technical
Services, Inc., for the final engineering design
phase of the Southwest Arterial project.
Passed, approved and adopted this 22od
day of February, 2011.
Roy D. Buol, Mayor
Book 141 Regular Session, February 22, 2011 61
Attest: Jeanne F. Schneider, CMC, City Clerk
Southwest Arterial Consultant Supple-
mental Agreement — North Cascade Road
Bridge Construction Project: City Manager
recommending approval of Supplemental
Agreement No. 8 with AECOM Technical Ser-
vices, 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 Con-
sultant Professional Services - Supplemental
Agreement between AECOM Technical Ser-
vices, Inc. and the City of Dubuque for con-
struction 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 PROFES-
SIONAL 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 CON-
STRUCTION PROJECT (PHASE 1 OF THE
SOUTHWEST ARTERIAL PROJECT)
Whereas, the City of Dubuque is proceed-
ing with the North Cascade Road Bridge Con-
struction Project (Phase I of the Southwest
Arterial Project); and
Whereas, AECOM Technical Services,
Inc., will provide construction engineering ser-
vices for the North Cascade Road Bridge Con-
struction Project.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Consultant Profes-
sional Services - Supplemental Agreement -
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 - Supple-
mental 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).
Passed, approved and adopted this 22od
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 Environmen-
tal Protection Agency by the Dubuque Smart
Planning Consortium. Upon motion the docu-
ments were received, filed, and approved.
Smart Planning Grant Agreement: City
Manager recommending approval of an
agreement with the Iowa Department of Eco-
nomic Development (IDED) for a Smart Plan-
ning Grant with Dubuque County, the City of
Dubuque, and six small cities (Asbury, Cas-
cade, Dyersville, Epworth, Farley and Peosta)
to cover up to 50% of the cost for a new or
updated comprehensive plan for each partici-
pant. Upon motion the documents were re-
ceived, 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 re-
ceived 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 Appli-
cations: City Manager recommending approval
of 2010 Urban Revitalization Program applica-
tions 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 revi-
talization 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 PROPER-
TY OWNERS IN RECOGNIZED URBAN RE-
VITALIZATION AREAS AND AUTHORIZING
THE TRANSMITTAL OF THE APPROVED
APPLICATIONS TO THE CITY TAX ASSES-
SOR
Whereas, Chapter 404 of the Code of Io-
wa, 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 re-
62 Regular Session, February 22, 2011 Book 141
quires 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 requirements of the adopted Urban Revi-
talization Plan and forward the approved appli-
cations 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 Revitalization Areas were established:
Washington Neighborhood, Jackson Park,
West 11th Street, Cathedral and West 11th
Street; and
Whereas, the City of Dubuque, as of Feb-
ruary 1, 2011, received tax abatement applica-
tions from the following property owners in the
aforementioned urban revitalization districts:
Washington Neighborhood Urban Revitali-
zation Area
1241 Jackson — Richard and Annette
Miller
1276 Jackson — Betty Mullady
1355 Washington — Dennis & Mar-
lene McCarthy
1429 Elm — Thomas R. Roling
1433 Washington — Richard Nienke
145 East 17th Street — Deb Runde
1515 Elm — Joshua C. Shepherd
1523 Elm — Ruth A Jurisic
1567 Elm — Scotty Birch & Lynn Bes-
ser
1576 Washington — Elizabeth Soule
1578 Washington — Jay Streinz
1580 Jackson — Larry & Mary Jo
Gearheart
1628 Washington — Pat & Louise Ur-
bain
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 Kief-
fer
351 East 15th Street — Michelle Clem-
ens
West 11th Street Urban Revitalization Area.
1125 Highland Place — Bradley -
McDonald Trust
1531 Cornell — Mary & Marvin Ritt
474 West 16th Street — Sandra Smith
481 West 15th Street — Professional
Properties LLC
510 West 11th 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 Develop-
ment LLC
392 Bluff - RMF Associates LLC
394 Bluff — RMF Associated LLC; and
Whereas, the City of Dubuque, as of Feb-
ruary 1, 2011, received a tax exemption appli-
cation from a property owner in the aforemen-
tioned urban revitalization district for improve-
ment made in previous years:
Washington Neighborhood Urban Revi-
talization Area
2073 Jackson — Thomas Richard:
Improvements in 2007; and
Whereas, the Housing and Community
Development Department and Building Ser-
vices Department have reviewed the above -
described applications and inspected the
properties, and have determined that the ap-
plications 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 au-
thorized and directed to forward the above -
described tax abatement applications to the
City Assessor.
Passed, approved and adopted this 22od
day of February 2011.
Roy M. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Request for Proposals — Annual Auditing
Services: City Manager recommending ap-
proval of the issuance of a Request for Pro-
posals for the City's annual audit. Upon motion
the documents were received, filed, and ap-
proved.
Downtown Rehabilitation Loan — 1132-
1136 Locust Street: City Manager recommend-
ing approval of a letter of commitment for a
Downtown Rehabilitation Loan of $300,000, a
$10,000 fagade grant, a $10,000 design grant
and a $15,000 financial consultant grant for
Judy Davison to support rehabilitation of prop-
erties located at 1132 -1136 Locust Street.
Upon motion the documents were received
and filed and Resolution No. 53 -11 Authorizing
Book 141 Regular Session,
February 22, 2011 63
a Letter of Commitment and additional actions
concerning a Downtown Rehabilitation Loan,
Fagade Grant, Design Grant and Financial
Consultant Grant to Judy Davison was adopt-
ed.
RESOLUTION NO. 53 -11
AUTHORIZING A LETTER OF COMMIT-
MENT AND ADDITIONAL ACTIONS CON-
CERNING A DOWNTOWN REHABILITA-
TION LOAN, FACADE 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 rein-
vestment in the Greater Downtown Urban Re-
newal 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 pro-
gram; and
Whereas, a Commitment Letter, hereto at-
tached 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 Da-
vison for participation in the Downtown Reha-
bilitation Loan and Grant Program is hereby
accepted and approved.
Section 2. That the Mayor is hereby au-
thorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, the at-
tached 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 execu-
tion and receipt of the attached Commitment
Letter by the applicant, the necessary loan
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 nec-
essary loan documents and is further author-
ized to disburse loan funds from the Downtown
Rehabilitation Loan /Grant Program, in accord-
ance with the terms and conditions of the exe-
cuted agreement.
Passed, approved and adopted this 22nd
day of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Community Development Block Grant
(CDBG) Administration: City Manager recom-
mending 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 doc-
uments 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 Cen-
tral Intergovernmental Association (hereinafter
called the ECIA) and is a member in good
standing; and
Whereas, the City of Dubuque, Iowa, wish-
es to engage the ECIA to provide certain tech-
nical and professional services for grant ad-
ministration of the City of Dubuque's 2010
Iowa Department of Economic Development
Community Development Block Grant (Con-
tract #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 ser-
vices under consideration.
NOW, THEREFORE, BE IT RESOLVED,
that the East Central Intergovernmental Asso-
ciation is hereby authorized to provide staff
assistance as prescribed in the attached Con-
tract for Services and Scope of Services.
Passed, approved, and adopted this 22od
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 volun-
tary annexation request of the Dubuque Met-
ropolitan 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 Re-
port. Upon motion the document was received
and filed.
American Council of Engineering Compa-
64 Regular Session, February 22, 2011 Book 141
vies (ACEC): Communication from the Ameri-
can Council of Engineering Companies
(ACEC) advising that the City's East / West
Corridor Connectivity Study has earned a Na-
tional Recognition Award in the American
Council of Engineering Companies 2011 Engi-
neering 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 Com-
mittee. Upon motion the document was re-
ceived 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 recom-
mending approval of the execution of grant
agreements with the U.S. Department of Hous-
ing and Urban Development for the Lead Haz-
ard Control and Healthy Homes Product
grants. Upon motion the documents were re-
ceived and filed and Resolution No. 55 -11
Authorizing execution of a Lead Hazard Con-
trol Grant Agreement and Healthy Homes Pro-
duction Grant Agreement with the U.S. De-
partment 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. DE-
PARTMENT 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 Haz-
ard Control Program for a thirty -six month per-
formance 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 Develop-
ment; 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 De-
velopment.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.That the Funding Approv-
al /Agreement, authorized by the U.S. Depart-
ment of Housing and Urban Development be-
ginning April 1, 2011 for a Lead Hazard Con-
trol 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, au-
thorized 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.
Passed, approved and adopted this 22od
day of February 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
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 Ave-
nue 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 li-
cense renewals as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 56 -11 Granting the issuance of a
Class "C" Beer /Liquor License to Hammer-
heads 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 ap-
proval and the same have been examined and
approved; and
Whereas, the premises to be occupied by
Book 141 Regular Session, February 22, 2011 65
such applicants were inspected and found to
comply with the State Laws and all City Ordi-
nances 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 +(Sunday Sale), 2095 Kerper Blvd.
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 pub-
lic 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 Proper-
ties, 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 Reso-
lution No. 57 -11 Intent to dispose of a sanitary
sewer easement in the City of Dubuque and
fixing the date for a public hearing on the pro-
posed 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 publica-
tion 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 HEAR-
ING 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 FA-
LEY PROPERTIES, LLC, AND FALEY EN-
TERPRISES, 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 Ave-
nue, Dubuque, Iowa; and
Whereas, the City Council has tentatively
determined that it would be in the best inter-
ests 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 author-
ized 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
City's intent to dispose of the foregoing -
described Property, to be held on the 7th 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 circula-
tion in said City, said publication to be not less
than four days nor more than twenty days be-
fore 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 sub-
stantially the form attached hereto.
Passed, approved and adopted this 22od
66 Regular Session, February 22, 2011 Book 141
day of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fire Hydrant Painting Project: City Manag-
er recommending initiation of the bidding pro-
cess 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 advertise-
ment 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 SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF
PUBLIC HEARING ON THE SPECIFICA-
TIONS, FORM OF CONTRACT, AND ESTI-
MATED COST; AND ORDERING THE AD-
VERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed specifications, form of con-
tract and estimated cost for the power wash-
ing, 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.
A public hearing will be held on the 7th day
of March, at 6:30 p.m. in the Historic Federal
Building Council Chambers at which time in-
terested 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 Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the improvements herein pro-
vided, 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 before 10:00 a.m.
on the 24th day of March. Bids shall be opened
and read by the City Clerk at 10:00 a.m. and
will be submitted to the City Council for final
action at the public hearing at 6:30 p.m. on the
4t"' day of April, in the Historic Federal Building
Council Chambers (Second Floor), 350 West
Gtr, Street, Dubuque, Iowa.
Passed, adopted and approved this 22nd
day of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fiscal Year 2012 Budget and Capital Im-
provement Program: City Manager recom-
mending 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 Resolu-
tion 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 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 pro-
vides that the City Council shall set a time and
place for a public hearing on the Fiscal Year
2012 budget before the final budget certifica-
tion 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 con-
duct 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, Dubu-
que, Iowa, on Thursday, March 10, 2011, be-
ginning at 6:30 p.m.
Section 2. That the City Clerk be and is
hereby authorized and directed to publish no-
tice of the public hearing, according to law,
Book 141 Regular Session, February 22, 2011 67
together with the required budget information.
Passed, approved and adopted this 22od
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 in-
terest of the City of Dubuque to conduct a pub-
lic hearing and adopt the five -year Capital Im-
provement 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 con-
duct a public hearing on the five -year Capital
Improvement Program for Fiscal Years 2012
through 2016 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 no-
tice of the public hearing.
Passed, approved and adopted this 22nd
day of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque Industrial Center Economic De-
velopment District: City Manager recommend-
ing that a public hearing be set for March 7,
2011 to consider an amendment to the Dubu-
que 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 Cen-
ter Economic Development District meet the
definition of an Economic Development Area
under the Urban Renewal Law, and that de-
velopment of said areas is necessary in the
interest of the residents of the City of Dubu-
que, 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 DEVELOP-
MENT 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 de-
velopment 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 ar-
ea, which is proposed to be added to the
Dubuque Industrial Center Economic Devel-
opment 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 adjoin-
ing 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
68 Regular Session, February 22, 2011 Book 141
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 accord-
ance with sound planning and local community
objectives.
Section 4. That the City Manager is author-
ized and directed to prepare an amendment to
the Amended and Restated Urban Renewal
Plan for the Dubuque Industrial Center Eco-
nomic Development District for the purpose of
including the above - described area in the Dis-
trict, 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 adop-
tion of the proposed amendment to the
Amended and Restated Urban Renewal Plan
for the Dubuque Industrial Center Economic
Development District to be held on March 7th
2011 at 6:30 p.m. in the Historic Federal Build-
ing, 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 di-
rected 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 Supervi-
sors and the Northeast Iowa Community Col-
lege, as the affected taxing entities.
Passed, approved and adopted this 22od
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 Broad-
way 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. Mo-
tion 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. Mo-
tion carried 6 -0.
Sister City Relationships Advisory Com-
mission: 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 Rela-
tionships 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 doc-
uments 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 al-
lowing anyone present to address the City
Council.
Sale of Property at 346 East 19th Street:
Proof of publication on notice of public hearing
to consider approval of the sale of property at
346 East 19th 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 East 19th Street in the City of Dubuque,
Iowa. Seconded by Braig. Motion carried 6 -0.
RESOLUTION NO. 62 -11
APPROVING THE SALE OF REAL ESTATE
LOCATED AT 346 E. 19TH STREET IN THE
CITY OF DUBUQUE
Whereas, the City acquired the property at
346 E. 19th Street for the purpose of its rede-
velopment for owner- occupied housing; and
Whereas, such purpose supports the
Washington Neighborhood revitalization strat-
egy 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 de-
scribed property:
North '/% of Lot 97, except the West 57'6"
thereof, in East Dubuque, in the City of Dubu-
que, Iowa, according to the recorded plat
thereof at the cost of One dollar ($1.00).
Book 141 Regular Session, February 22, 2011 69
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, to-
gether with certified copy of the Resolution.
Section 4.That the City Clerk be and she is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 22od
day of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Request to Rezone — Bedrock Develop-
ment, LLC / McFadden Family Partnership:
Proof of publication on notice of public hearing
to consider a request from Bedrock Develop-
ment, 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 Resi-
dential 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 Ordi-
nances, Unified Development Code, by reclas-
sifying 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. Mo-
tion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 13 -11
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED ON THE SOUTH
SIDE OF PENNSYLVANIA AVENUE, EAST
OF HEACOCK ROAD FROM R -3 MODER-
ATE DENSITY MULTI - FAMILY RESIDEN-
TIAL TO AG AGRICULTURAL 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 Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter - described property from
R -3 Moderate Density Multi - Family Residential
District to AG Agricultural District, to wit:
Lot 1 of 1 NW'IA NW 'IA Section 29
T89N R2E except the easterly 224
feet and the SW '% NW'IA 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 Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 22nd
day of February, 2011.
/s /Roy D. Buol, Mayor
Attest:
/s /Jeanne F. Schneider, CMC, City Clerk
Published officiallx, 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 ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Resnick. Planning Ser-
vices Manager Laura Carstens provided a staff
report. Motion carried 6 -0.
Motion by Connors for final consideration
and passage of Ordinance No. 14 -11 Amend-
ing 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 Res-
nick. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 14 -11
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 39 BLUFF
70 Regular Session, February 22, 2011 Book 141
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 Devel-
opment Code, is hereby amended by reclassi-
fying 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 Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 22od
day of February, 2011.
/s /Roy D. Buol, Mayor
Attest:
/s /Jeanne F. Schneider, CMC, City Clerk
Published officiallx, 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 no-
tice of public hearing to consider approval of
an amendment to expand the Washington
Street Neighborhood Conservation District and
Historic Preservation Commission recom-
mending approval.
City Manager recommending that the
boundaries of the proposed Washington Street
Neighborhood Conservation District be modi-
fied.
Communication from Heartland Financial
requesting that the property owned by Dubu-
que 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 Hous-
ing 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, includ-
ing the recommended modifications by the City
Manager, Amending Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment 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, UNI-
FIED DEVELOPMENT CODE, BY AMEND-
ING ARTICLE 10-11-A-4 PERTAINING TO
EXPANSION OF THE WASHINGTON
STREET NEIGHBORHOOD CONSERVA-
TION 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 signifi-
cance; and
Whereas, the City has adopted the Wash-
ington 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 Neighbor-
hood Conservation District
Beginning at the intersection of E
22nd Street and Kniest Street, thence
southeasterly along Kniest Street to
its intersection with Garfield Avenue,
thence southwesterly along Garfield
Avenue to its intersection with the
City alley located between Elm Street
and Kniest Street, thence southeast-
erly along the City alley to its inter-
section with E. 18th Street, thence
southwesterly along E. 18th Street to
its intersection with the City alley lo-
cated between the Iowa Chicago and
Eastern Railroad right -of -way and
Elm Street, thence southeasterly
along the City alley to its intersection
with E. 17th Street, thence northeast-
erly along E. 17th Street to its inter-
section with the Iowa Chicago and
Book 141 Regular Session, February 22, 2011 71
Eastern Railroad right -of -way, thence
southeasterly along the Iowa Chicago
and Eastern Railroad right -of -way to
its intersection with E. 16th Street,
thence southwesterly along E. 16th
Street to its intersection with Elm
Street, thence southeasterly along
Elm Street to its intersection with E.
15th Street, thence northeasterly
along E. 15th Street to its intersection
with the City alley located between
Elm Street and Pine Street, thence
southeasterly along the City alley lo-
cated between Elm Street and Pine
Street to its intersection with E. 14th
Street, thence southwesterly along E.
14th 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 in-
tersection with E. 12th Street, thence
southwesterly along E. 12 Street to its
intersection with Elm Street, thence
southeasterly along Elm Street to its
intersection with E. 11th Street,
thence southwesterly along E. 11th
Street to its intersection with W. 11th
Street thence southwesterly along
W. 11th 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 ac-
cess 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 intersec-
tion with the City alley located be-
tween Iowa Street and Central Ave-
nue, thence northwesterly along the
CitK alley to its intersection with W.
17t Street, thence northeasterly
along W. 17th Street to its intersection
with Heeb Street; thence northwester-
ly along Heeb Street to its intersec-
tion 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 Kauf-
mann Avenue, thence northeasterly
along Kaufmann Avenue to its inter-
section with 22od Street thence
northeasterly along 22nd Street to its
point of origin at the intersection of E.
22nd Street and Kniest Street exclud-
ing the area beginning at the intersec-
tion of E 14th Street and Jackson
Street, thence southeasterly along
Jackson Street to its intersection with
E. 13th Street, thence southwesterly
along E. 13th Street to its intersection
with White Street, thence northwest-
erly along White Street to its intersec-
tion with E. 14th Street, thence north-
easterly along E. 14th Street to its
point of origin at the intersection of E.
14th Street and Jackson Street .
Section 2. This ordinance shall not apply to
an application for a demolition permit for prop-
erties 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.
Passed, approved and adopted this 22nd
day of February, 2011.
/s /Roy D. Buol, Mayor
Attest:
/s /Jeanne F. Schneider, CMC, City Clerk
Published officiallx, 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 con-
sider 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 En-
gine 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. Mo-
tion carried 6 -0.
72 Regular Session,
February 22, 2011 Book 141
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 ap-
proved 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 pub-
lic 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 au-
thorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, this
resolution.
Passed, approved and adopted this 22od
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 re-
quest from Every Child / Every Promise to
disperse already budgeted funds to help im-
plement 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 Man-
ager recommending approval of the collective
bargaining agreement between the City of
Dubuque and the International Union of Oper-
ating 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.
RESOLUTION NO. 64 -11
APPROVING THE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA, AND THE
INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL #234, AND AUTHOR-
(ZING THE MAYOR TO SIGN THE AGREE-
MENT
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 Oper-
ating 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 Oper-
ating Engineers, Local #234, submitted a re-
quest 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.
Passed, approved and adopted this 22nd
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 Compensa-
tion Package for non - bargaining unit employ-
ees 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 ser-
vice would be eliminated from the new plan.
Motion carried 6 -0.
RESOLUTION NO. 65 -11
APPROVING THE COMPENSATION PACK-
AGE FOR NON - BARGAINING UNIT EM-
PLOYEES FOR FISCAL YEARS 2012, 2013
AND 2014
Whereas, the City Manager has recom-
mended the compensation package for Non -
bargaining Unit Employees for Fiscal Years
2012, 2013 and 2014;
Whereas, the City Council provides a com-
pensation package to Non - bargaining Unit
employees similar to the compensation pack-
Book 141 Regular Session, February 22, 2011 73
age to be received by Bargaining Unit employ-
ees; 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
Years 2012, 2013 and 2014 is hereby passed,
approved and adopted this 22od day of Febru-
ary, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Safe Community Task Force Recommen-
dation Implementation — Boarded -Up Windows
and Doors Ordinance: City Manager recom-
mending adoption of a Boarded -Up Openings
Ordinance that establishes requirements for
the exterior security and appearance of build-
ings. 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 grandfa-
thers existing properties and applies to future
properties. Planning Services Manager ex-
plained 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 Build-
ings, Establishing Requirements for the Exteri-
or Security and Appearance of Buildings. Se-
conded 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, ES-
TABLISHING 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 pro-
vision:
Sec. 14 -1A -5. Exterior Security and Ap-
pearance 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 base-
ment 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 cov-
ered from the outside and the plywood
painted to blend in with the remaining exte-
rior 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 design-
ee which outlines bringing the windows
and doors into compliance with this Sec-
tion. Temporary for purposes of this Sec-
tion means less than ninety (90) days. One
extension of thirty (30) days may be grant-
ed by the city manager or city manager's
designee. Further extensions may be
granted at the discretion of the city manag-
er.
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 ap-
74 Regular Session, February 22, 2011 Book 141
pealed from. The notice of appeal
must include the following:
1. Name and address of per-
son appealing (appellant).
2. A brief statement in ordi-
nary 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 ordi-
nary 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 par-
ties 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 mod-
ify 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 twen-
ty -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 re-
quirements for review and approval by the
Historic Preservation Commission required
under the Code of Ordinances for proper-
ties located within a Historic Preservation
or Conservation District.
Section 2. This Ordinance shall take effect
on publication.
Passed, approved and adopted this 22od
day of February, 2011.
/s /Roy D. Buol, Mayor
Attest:
/s /Jeanne F. Schneider, CMC, City Clerk
Published officiallx, 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. Mo-
tion by Connors to receive and file the docu-
ments and approve the recommendation. Se-
conded by Resnick. Motion carried 6 -0.
Sister City Relationships Advisory Com-
mission: Appointment of a City Council repre-
sentative to the Sister City Relationships Advi-
sory Commission. Motion by Lynch to receive
and file the documents and appoint Connors
as the representative. Seconded by Connors.
Motion carried 6 -0.
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 Mem-
ber by appointment. Seconded by Braig. Mo-
tion carried 6 -0.
RESOLUTION NO. 66 -11
INTENT TO FILL A VACANCY IN THE OF-
FICE 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 pe-
riod 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 re-
quiring 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, IO-
WA 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.
Passed, approved and adopted this 22nd
day of February, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Book 141 Regular Session, February 22, 2011 75
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 ac-
quisition pursuant to Chapter 21.5(1)(c)(j)
Code of Iowa. Seconded by Braig. Motion car-
ried 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 mo-
tion the City Council adjourned at 8:15 p.m.
/s /Jeanne F. Schneider, CMC
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in special
session at 6:30 p.m. on February 24, 2011 in
the Historic Federal Building.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, City
Manager Van Milligen
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City depart-
mental budgets.
Departmental Budget Review
Fiscal Year 2012 Departmental Budgets
were presented by staff from the following de-
partments/divisions: Emergency Communica-
tions Division, Emergency Management Divi-
sion, Fire Department, Police Department, and
Building Services Department. City Council
had discussion with staff following each
presentation.
Emergency Communications Division:
Emergency Communications Manager Mark
Murphy introduced staff and presented the
Fiscal Year 2012 budget for this division.
Emergency Management Division: Emer-
gency Management Division Manager Tom
Berger presented the Fiscal Year 2012 budget
for this division. Responding to questions from
City Council, Berger stated that 24 hours of
continuing education is budgeted and de-
scribed the National Weather Service Weather
Spotter Training.
Fire Department: Fire Chief Dan Brown in-
troduced staff and presented the Fiscal Year
2012 budget for this department. Connors
questioned improvement package 2 related to
battery - powered LED lighting. Responding to
questions from City Council, Brown stated that
firefighters currently use portable hand -held
light devices with a generator for light, de-
scribed efforts being taking within the commu-
nity to increase installation of smoke alarms,
and added that the department's bill collection
service is directly related to uncollected ambu-
lance fees. Brown will reconsider again con-
ducting open houses at the neighborhood fire
stations.
Police Department: Police Chief Mark
Dalsing introduced staff and presented the
Fiscal Year 2012 budget for this department.
Braig questioned improvement package 2,
favoring the requested increase in clerical staff
to assist officers in preparing reports. Dalsing
explained the beer and cigarette compliance
process with respect to adults purchasing for
minors.
Building Services Department. Building In-
spector II Jerry Stoffel presented the Fiscal
Year 2012 budget for this department.
There being no further business, upon mo-
tion the City Council adjourned at 8:30 p.m.
/s /Jeanne F. Schneider, CMC
City Clerk
76 Special Session, February 24, 2011 Book 141
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in special
session at 5:30 p.m. on February 28, 2011 in
the Historic Federal Building.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, City
Manager Van Milligen
Mayor Buol read the call and stated that
this was a special meeting of the City Council
called for the purpose of discussing the rec-
ommendations of the Safe Community Task
Force.
WORK SESSION
Safe Community Task Force
Recom mendations
Human Rights Director Kelly Larson pro-
vided an overview of the work session. Safe
Community Task Force member Lynn Sutton
introduced members of the Task Force. The
following SCTF members provided a report on
specific topics:
• Goals: Doug Stillings
• History: Phyllis Russell
• Recommendations: Lynn Sutton
• Implementation of recommendations:
Crenna Brumwell
• Northern Illinois University 20210
Quantitative Study on Crime and
Poverty: Greg Kuhn, Shannon Stohl,
Professor Charles Cappell (via
phone), Janiece Bollie (via phone)
• Final SCTF Recommendations: Doug
Stillings
o Juvenile - related recommen-
dations
o Community Education
o Social Capital /Volunteerism
o Section 8- related recom-
mendations
o Enforcement - related rec-
ommendations
• Closing Comments and Future Items:
Kelly Larson
City Council discussion included publiciz-
ing issues with problem properties and the
names of irresponsible landlords and tenants
described by SCTF member Joe Noll and
Greg Kuhn; parental responsibility ordinance
described by Assistant City Attorney Crenna
Brumwell; police recruiting and training de-
scribed by Police Chief Mark Dalsing.
There being no further business, upon mo-
tion the City Council adjourned at 7:39 p.m.
/s /Jeanne F. Schneider, CMC
City Clerk
Book 141 Special Session, March 1, 2011 77
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in special
session at 6:30 p.m. on March 1, 2011 in the
Historic Federal Building.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, City
Manager Michael Van Milligen
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City depart-
mental budgets.
PUBLIC HEARING
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
2011 Community Development Block
Grant Annual Action Plan: Community Devel-
opment Specialist Aggie Tauke introduced
members of the Community Development Ad-
visory Commission and presented the Com-
munity Development Block Grant Fiscal Year
2012 Annual Action Plan and budget. CDAC
Vice Chairperson Ann Michalski stated that
community development programs are seri-
ously at risk at the federal level adding that
these programs have a large impact on the
community.
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
DEPARTMENTAL BUDGET REVIEW
Fiscal Year 2012 Departmental Budgets
were presented by staff from the following de-
partments: Housing and Community Develop-
ment Department, Carnegie -Stout Public Li-
brary, Finance Department, and the Dubuque
Regional Airport.
Housing and Community Development:
Housing and Community Development Direc-
tor David Harris presented the Fiscal Year
2012 budget for this department. Responding
to questions from City Council, Mr. Harris and
Aid Hcusig Supervisor Janet VVaker stud that efforts
ae being nwie b meet the goal cf 930 alit] 8 housrg
voucher therrajoiyof grad u siromtheGettingAheadina
Justreitiri -by VVbtf' program day h Dubuque; ad to goal
for to Far* Self-SA-La y programs 75 as requred for
HUD funding.
Carnegie -Stout Public Library: Library Di-
rector Susan Henricks introduced Library
Board of Trustees members and staff and pre-
sented the Fiscal Year 2012 budget for this
department. Ms. Henricks clarified some of the
outstanding construction issues related to the
recent Library renovation.
Finance Department: Finance Director Ken
TeKippe introduced staff and presented the
Fiscal Year 2012 budget for this department.
Braig addressed improvement package 3 re-
garding the pro- rating of benefits for part -time
finance positions.
Dubuque Regional Airport: Acting Airport
Manager Todd Dalsing introduced Airport
Commission members and staff and presented
the Fiscal Year 2012 budget for this depart-
ment on behalf of Airport Manager Robert
Grierson who is currently on military deploy-
ment. Responding to questions from City
Council, Mr. Dalsing stated that the new pas-
senger terminal is expected to be completed in
2016 and the old terminal will be rented out.
CLOSED SESSION
Motion by Jones to go into closed session
at 8:34 p.m. regarding pending litigation pur-
suant to Chapter 21.5(1)(c) Code of Iowa. Se-
conded by Braig. Motion carried 6 -0.
Upon motion the City Council reconvened
in open session at 10:16 p.m.
Motion by Braig to approve the proposed
settlement agreement of Port of Dubuque Pub-
lic Parking Facility Lawsuit. Seconded by
Jones. Motion carried 6 -0.
There being no further business, upon mo-
tion the City Council adjourned at 10:19 p.m.
/s /Jeanne F. Schneider, CMC
City Clerk
78 Special Sessions, March 3, 2011 Book 141
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in special
session at 5:00 p.m. on March 3, 2011 in the
Historic Federal Building.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, City
Manager Michael Van Milligen, City Attorney
Lindahl
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of conducting a closed session
regarding pending litigation.
Motion by Braig to go into closed session
at 5:07 p.m. regarding pending litigation pur-
suant to Chapter 21.5(1)(c) Code of Iowa. Se-
conded by Jones. Motion carried 6 -0.
Upon motion the City Council reconvened
in open session stating that staff had been
given proper direction.
There being no further business, upon mo-
tion the City Council adjourned at 5:40 p.m.
/s /Jeanne F. Schneider, CMC
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in special ses-
sion at 6:30 p.m. on March 3, 2011 in the His-
toric Federal Building.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, City
Manager Michael Van Milligen
Mayor Buol read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City depart-
mental budgets.
DEPARTMENTAL BUDGET REVIEW
Fiscal Year 2012 Departmental Budgets
were presented by staff from the following de-
partments/divisions: Purchase of Services
Agencies, Planning Services Department,
Economic Development Department, Parking
Division, and the Transit Division. City Council
had discussion with staff following each
presentation.
Purchase of Services: Fiscal Year 2012
budget requests were presented by the follow-
ing representatives of the respective agency:
Keith Rahe, America's River Corporation;
Clara Jones, Helping Services of Northeast
Iowa; Marilyn Althoff, Hills & Dales Senior
Center; Michelle Brown, Opening Doors; Tom
Stoval, Operation: New View Community Ac-
tion Agency. Mr. Stovall requested a letter of
support to legislators for continued funding of
the Community Services Block Grant Program;
Nancy Lewis, Project Concern's Child Care
Referral, Foster Grandparent, and Information
and Referral programs; Judy Giesen and Nor-
ma Denlinger, Proudly Accessible Dubuque;
Amy Schauer, RSVP; Diane Thomas, Sub-
stance Abuse Services Center; and the Wash-
ington Tool Library. Braig read information into
the Record related to other Purchase of Ser-
vices provided for within other departmental
budget significant line items.
Planning Services Department: Planning
Services Manager Laura Carstens presented
the Fiscal Year 2012 budget for this depart-
ment.
Economic Development Department: Eco-
nomic Development Director Dave Heiar and
Assistant Economic Development Director
Aaron DeJong presented the Fiscal Year 2012
Budget for this department. Connors ques-
tioned improvement package #1 requesting an
additional staff person.
Parking Division: Parking System Supervi-
sor Tim Horsfield presented the Fiscal Year
2012 budget for this division. Responding to
questions from City Council, Horsfield ex-
plained the return of investment on the parking
ramp lighting replacement schedule and will
consider posting signage indicating that cam-
eras are in use within the ramps.
Transit Division: Transit Manager Barbara
Morck introduced staff and Transit Advisory
Board members and presented the Fiscal Year
2012 budget for this division. Lynch ques-
tioned improvement package #2 related to the
NICC Peosta /Kennedy Mall route. Economic
Development Director Dave Heiar explained
the grant funding history between RTA, NICC,
and the City. Braig questioned the amount of
funding NICC has provided toward and rid-
ership for this route and expressed concern
over the number of part -time employees.
Book 141 Special Sessions, March 3, 2011 79
ITEM TO BE SET FOR PUBLIC HEARING
Acquisition of property for the Southwest
Arterial: City Manager recommending that a
public hearing be set for April 4, 2011, on the
acquisition of property for the Southwest Arte-
rial project. Motion by Jones to receive and file
the documents and adopt Resolution No. 67-
11 Setting a public hearing on the intent to acquire
or condemn if necessary property for the South-
west Arterial Project setting a public hearing for a
meeting to commence at 6:30 p.m. on April 4,
2011 in the Historic Federal Building. Seconded by
Braig. Motion carried 6 -0.
RESOLUTION NO. 67 -11
SETTING A PUBLIC HEARING ON THE IN-
TENT TO ACQUIRE OR CONDEMN IF NEC-
ESSARY PROPERTY FOR THE SOUTH-
WEST ARTERIAL PROJECT
Whereas, Iowa Code § 6B.2A requires an
acquiring agency to provide written notice of a
public hearing to each owner of record of agri-
cultural land that may be the subject of con-
demnation; and
Whereas, the City Council finds that it may
be necessary to acquire or condemn in whole
or in part the following- described property for
the Southwest Arterial Project:
Parcel 124. The N % of the NE 1/4 of
the NE 1/4 of Section 5, Township 88
North, Range 2 East of the 5th P.M., Lot
1 of Lot 1 of the SE 1/4 of the SE 1/4 and
Lot2ofthe NE %of the SE %and Lot
1 of Green Valley Farms, in Section 32,
and the SW 1/4 of Section 33, in Town-
ship 89 North, Range 2 East of the 5th
P.M., according to the United States
Government Survey and the recorded
plats thereof, subject to highway and
easements of record;
Parcel 130. Lot 3 of the NW 1/4 of
the NE 1/4 of Section 5, Township 88
North, Range 2 East of the 5th P.M.,
and Lot 2 of the SW 1/4 of the SE 1/4
of Section 32, Township 89 North,
Range 2 East of the 5thP.M., according
to the United States Government Sur-
vey and the recorded plats thereof,
subject to easements of record;
Parcel 147. Lot 1 of Lot 2 of the SE
1/4 of the NW 1/4, the SE 1/4 of the SW 1/4
and Lot 2 of Lot 1 of the NE 1/4 of the
SW 1/4, in Section 4, Township 88
North, Range 2 East of the 5th P.M.,
located in Dubuque County, Iowa, ac-
cording to the United States Govern-
ment Survey and the recorded plats
thereof; subject to highway and ease-
ments of record;
Parcel 151a. West One (1) acre of
the Northeast Quarter of the Northwest
Quarter Section 11, T88N, R 2 E, 5th
P. M.;
West One (1) acre of the Southeast
Quarter of the Northwest Quarter Sec-
tion 11, T88N, R 2 E, 5th P.M.;
Lot 2 of the East 39 acres of the
Northeast Quarter of the Northwest
Quarter Section 11, T88N, R 2 E, 5th
P. M.;
Lot 2 of the East 39 acres of the
Southeast Quarter of the Northwest
Quarter Section 11, T88N, R 2 E, 5th
P.M., all in Dubuque County, Iowa, ac-
cording to the United States Govern-
ment Survey and the recorded plats
thereof; subject to highway and ease-
ments of record;
Parcel 169s. Lot 2 of Wertzberger
Acres #3; Lot 1 of Lot 1 of the NE 1/4 of
the NE 1/4; Lot 2 of the SE 1/4 of the NE
1/4, Lot 1 of the NW % of the NE 1/4 and
the SW 1/4 of the NE 1/4, all in Section
14, Township 88 North, Range 2 East
of the 5th P.M., located in Dubuque
County, Iowa, according to the United
States Government Survey and the
recorded plats thereof; subject to high-
way and easements of record;
Parcel 170. Lot 2 of Lot 3 of Archdi-
ocese Place No. 2 at Key West in Sec-
tion 11, Lot2ofthe NW %of the NE 1/4,
Lot 2of Lot1 of the NE 1/4 of the NE 1/4
and Lot 1 of the SE 1/4 of the NE 1/4, in
Section 14, Township 88 North, Range
2 East of the 5th P.M., located in
Dubuque County, Iowa, according to
the United States Government Survey
and the recorded plats thereof; subject
to highway and easements of record;
Parcel 172. Lot 2 of Archdiocese
Place No. 2; Lot 2 of Lot 1 of the SE1 /4
of the SE1 /4, Lot 2 of the SW1 /4 of the
SE1 /4, Lot 2 of the NW1 /4 of the SE1 /4
and Lot 2 of Lot 7 of the NE1 /4 of the
SE1 /4, all in Section 11, Township 88
North, Range 2 East of the 5th P.M.,
located in Dubuque County, Iowa, ac-
cording to the United States Govern-
ment Survey and the recorded plats
thereof; subject to highway and ease-
ments of record;
Parcel 173. Lot 3 of Lot 1 of Archdi-
ocese Place No. 2 in Key West, in
Dubuque County, Iowa, according to
the recorded plat thereof; subject to
easements and agreements of record;
Parcel 174. Lot 1 of Lot 1 of Archdi-
ocese Place No. 2 in Key West, in
Dubuque County, Iowa, according to
the recorded plat thereof; subject to
easements and agreements of record;
Parcel 184. Lot C of Tamarack S.E.
80 Special Sessions, March 3, 2011 Book 141
Fourth Subdivision in Section 14,
Township 88 North, Range 2 East of
the 5th P.M., Dubuque County, Iowa,
according to the United States Gov-
ernment Survey and the recorded plat
thereof; subject to easements and re-
strictions of record;
Parcel 187. Lot 1 of Lot 2 of the SE
'/a of Section 14, Township 88 North,
Range 2 East of the 5th P.M., in Dubu-
que County, Iowa, according to the
United States Government Survey and
the recorded plats thereof; subject to
highway; and
Whereas, the owner of the Parcel 124 is
Sharon L. Bradley, trustee of the Sharon L.
Bradley Trust dated March 25, 2004; and
Whereas, the owner of the Parcel 130 is
Robert W. Bradley, trustee of the Robert W.
Bradley Trust dated March 25, 2004; and
Whereas, the owner of the Parcel 147 is
Betty Jean Siegert Tigges; and
Whereas, the owner of the Parcel 151a is
John L. Knepper; and
Whereas, the owner of the Parcel 169s is
River City Development Group, LLC; and
Whereas, the owner of the Parcel 170 is
Connie F. Simon; and
Whereas, the owner of the Parcel 172 is
Mt. Olivet Cemetery Association; and
Whereas, the owners of the Parcel 173 are
Michael D. Lambert and Chris A. Lambert; and
Whereas, the owners of the Parcel 174 are
David L. Lambert and Shirley A. Lambert; and
Whereas, the owner of the Parcels 184
and 187 is Jon D. Lucksted; and
Whereas, a public hearing should be set
on the City's intent to commence a public im-
provement project for the Southwest Arterial
and to acquire or condemn, if necessary, Par-
cels 124, 130, 147. 151a, 169s, 170, 172, 173,
174, 184 and 187; and
Whereas, notice of the public hearing
should be published and mailed as required by
law to the owners of Parcels 124, 130, 147,
151a, 169s, 170, 172, 173, 174, 184 and 187.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
The City Clerk is hereby authorized and di-
rected to cause a notice in the form attached
hereto to be mailed to each of the owners and
published as prescribed by Iowa Code § 6B.2A
of a public hearing on the City's intent to com-
mence a public improvement project for the
Southwest Arterial and to acquire or condemn
in whole or in part, if necessary, Parcels 124,
130, 147, 151a, 169s, 170, 172, 173, 174, 184
and 187, to be held on the 4th day of April,
2011, at 6:30 o'clock p.m. at the City Council
Chambers 350 W. 5th St., Dubuque, Iowa.
Passed, approved and adopted this 3rd day
of March, 2011
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
There being no further business, upon mo-
tion the City Council adjourned at 9:07 p.m.
/s /Jeanne F. Schneider, CMC
City Clerk
Book 141 Special & Regular Se
ssions, March 7, 2011 81
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in special
session at 5:00 p.m. on March 7, 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 that
this was a special meeting of the City Council
called for the purpose of discussing Sustaina-
ble Dubuque.
WORK SESSION
Sustainable Dubuque
Sustainable Coordinator Cori Burbach,
Dubuque 2.0 representative Eric Dregne, and
Smarter Sustainable Dubuque Coordinator
David Lyons presented the Sustainable Dubu-
que Quarterly Progress Report. Ms. Burbach
reviewed the 11 principles of sustainability:
healthy air, clean water, native plants and an-
imals, regional economy, smart energy use,
resource management, community design,
green buildings, healthy local foods, communi-
ty knowledge, and reasonable mobility. Ms
Burbach further described city and community
activities, projects, and their successes.
Mr. Dregne provided information on Dubu-
que 2.0 partnerships, funding organizations,
steering committee membership, and the
tools /activities used to engage the community
in sustainable practices and measure pro-
gress.
Mr. Lyons described the research results
and measureable data from Smarter Sustaina-
ble Dubuque in the areas of water, electricity,
gas, smarter travel, and the Green and
Healthy Homes Collaborative.
Reepondhg b querns from City Council, Van Mllgen
sided that
fit s not a City progan beta mnrrunity progran
as evidenced by to many Dubuque 20 pa-baste ad
epansivestaerhg mmr encnLastup.LyasandDregm
fuller deaated how 3darobb abuque has beam ft
csnhal armunion to{ With is a✓aiabe through svera
muter venues and pads and wha Hum utti s avabbleb
ctizamtwough tree poth
hue behg no farther b &esg Limn moon to QV Gaut
ac cumedat621 pm
/gJaanreF. Schneider, CMC
QtyClark
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in regular
session at 6:30 p.m. on March 7, 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 Reverend Kurt
Hansen of New Hope Lutheran Church.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Motion
carried 6 -0.
Minutes and Reports Submitted: Arts and
Cultural Affairs Advisory Commission of 1/25;
Cable Community Teleprogramming Commis-
sion of 1/4; City Council of 2/17, 2/22, 2/24,
2/28 and 3/1; Historic Preservation Commis-
sion of 2/17; Housing Code Appeals Board of
1/18; Library Board of 1/27; Long Range Plan-
ning Advisory Commission of 2/16; Park and
Recreation Commission of 2/8
Proof of publication of City Council Pro-
ceedings of February 7, 9 and 17, 2011
Upon motion the documents were received
and filed.
Notice of Claims /Suits: Pam Sisler for per-
sonal injury; Zac and Amy Scherrman for
property damage; Elizabeth L. Young for vehi-
cle damage; Mamavi Mathey - Apossan for
property loss; Oak Park Place for property
damage. Upon motion the documents were
received, filed, and referred to the City Attor-
ney.
82 Special & Regular Sessions, March 7, 2011 Book 141
City Attorney advising that the following
claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Com-
munities Assurance Pool: Tyler Hoyt for vehi-
cle damage; Pam Sisler for personal injury;
Elizabeth L. Young for vehicle damage. Upon
motion the documents were received, filed,
and concurred.
Federal Emergency Management Agency
(FEMA): Communication from Richard Leon-
ard, FEMA, advising that the City's PAL desig-
nation will expire on May 17, 2011 and that all
necessary documentation required to demon-
strate 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 and filed.
Circles Program: Contract with Move the
MountainTM City Manager recommending ap-
proval of the contract with the Move the Moun-
tain Leadership Center for services related to
implementation of the CirclesTM initiative. Up-
on motion the documents were received, filed,
and approved.
Iowa Department of Transportation
Agreement: City Manager recommending ap-
proval of an Iowa Department of Transporta-
tion Agreement for new traffic installations at
the US 151/61 intersection with Maquoketa
Drive. Upon motion the documents were re-
ceived and filed and Resolution No. 68 -11
Approving the Iowa Department of Transporta-
tion Federal Aid Agreement for a Surface
Transportation Program Project (Agreement
No. 6- 10- STPU -02) between the Iowa De-
partment of Transportation and the City of
Dubuque for the US 61/151 Corridor Project
was adopted.
RESOLUTION NO. 68 -11
APPROVING THE IOWA DEPARTMENT OF
TRANSPORTATION FEDERAL AID
AGREEMENT FOR A SURFACE TRANS-
PORTATION PROGRAM PROJECT
(AGREEMENT NO. 6- 11- STPU -02) BE-
TWEEN THE IOWA DEPARTMENT OF
TRANSPORTATION AND THE CITY OF
DUBUQUE FOR THE US 61/151 CORRIDOR
PROJECT
Whereas, the Iowa Department of Trans-
portation (Iowa DOT) has authorized the use
of Iowa DOT (STP) 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 inter-
section; and
Whereas, the Iowa DOT Surface Transpor-
tation Program (STP) funds will be eligible to
complete said improvements to the US 61/151
Corridor Project, within Dubuque County, Io-
wa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Iowa DOT Federal -Aid
Agreement for a Surface Transportation Pro-
gram Project (Agreement 6- 11- STPU -12) be-
tween the City of Dubuque and the Iowa De-
partment of Transportation be approved for
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 inter-
section.
Section 2. That the Mayor be authorized
and directed to execute two copies of Iowa
DOT Federal -Aid Agreement for a Surface
Transportation Program Project (Agreement 6-
11-STPU-12) for the US 61/151 Corridor Pro-
ject in Dubuque.
Passed, approved and adopted this 7th day
of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Central Avenue Water Service Lateral Pro-
ject (21st to 32od Street): City Manager recom-
mending acceptance of the Central Avenue
Water Service Lateral Project (21st to 32nd
Street) as completed by Drew Cook & Sons
Excavating Co., Inc., in the final contract
amount of $476,035.00 and adoption of the
Final Schedule of Assessments. Upon motion
the documents were received and filed and
Resolution No. 69 -11 Accepting the Central
Avenue Water Service Lateral Project and
authorizing payment of the contract amount to
the contracto and Resolution No. 70 -11 Adopt-
ing the final assessment schedule for the Cen-
tral Avenue Water Service Lateral Project (21st
to 32nd Street) were adopted.
RESOLUTION NO. 69 -11
ACCEPTING THE CENTRAL AVENUE WA-
TER MAIN (21ST — 32ND STREET) PROJECT
AND AUTHORIZING THE PAYMENT OF THE
CONTRACT AMOUNT TO THE CONTRAC-
TOR
Whereas, the Public Improvement Contract
for the Central Avenue Water Main (21st —
32nd Street) Project (the Project) has been
completed and the City Engineer has exam-
ined 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
Book 141 Special & Regular Sessions, March 7, 2011 83
the Project be accepted; and
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 Wa-
ter Main Replacement Program appropriation
for the contract amount of $476,035.00 less
any retained percentage provided for therein
as provided in Iowa Code Chapter 573, and to
pay such retainage only in accordance with the
provisions of Iowa Code Chapter 573.
Passed, approved and adopted this 7th day
of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE CENTRAL AVENUE
WATER MAIN (21ST — 32ND STREET) PRO-
JECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the Central Avenue Water Main (21st
— 32od Street) Project, that the Project has
been performed in compliance with the terms
of the Public Improvement Contract, and that
the total cost of the completed work is
$526,786.04.
Dated this 3rd day of March, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 3rd
day of March, 2011.
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 70 -11
ADOPTING THE FINAL ASSESSMENT
SCHEDULE FOR THE CENTRAL AVENUE
WATER MAIN (21ST — 32ND STREET) PRO-
JECT
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule
of Assessments as shown on the attached
sheet(s), Page 1 to Page 2 inclusive, is hereby
approved for the Central Avenue Water Main
(21 n — 32nd Street) Project.
There is hereby assessed and levied as a
special tax against and upon each of the bene-
fited properties, the respective sums indicated.
The amounts shown in said Final Schedule of
Assessments as deficiencies are found to be
proper and levied conditionally against the
respective properties benefited by the im-
provements as shown in the Final Schedule of
Assessments, subject to the provisions of Iowa
Code § 384.63. Said assessments against
said lots are hereby declared to be in propor-
tion to the special benefits conferred and not in
excess of twenty -five percent of the value of
same.
The City Clerk be and is hereby directed to
certify the Final Schedule of Assessments to
the County Treasurer of Dubuque County,
Iowa, and to publish notice of said certification
once each week for two consecutive weeks in
the manner provided in Iowa Code § 362.3,
the first publication of which shall be not more
than fifteen days from the date of filing of the
Final Schedule of Assessments. On or before
the date of the second publication of the no-
tice, the City Clerk shall also mail a copy of
said notice to property owners whose property
is subject to assessment, as provided in Iowa
Code § 384.60.
The assessments may be paid in full or in
part without interest at the office of the City
Treasurer, City Hall, 50 W. 13th Street, Dubu-
que, Iowa, at any time within 30 days after the
date of the first notice of the Final Schedule of
Assessments. Thereafter, unpaid assessments
of $100.00 or more are payable in 10 annual
installments at the County Treasurer's Office,
Dubuque County Courthouse, 720 Central
Avenue, Dubuque, Iowa, and will draw annual
interest at nine percent (9 %) computed to De-
cember 1 next following the due dates of the
respective installments as provided in Section
384.65 of the Code of Iowa. Each installment
will be delinquent from October 1 following its
due date on July 1 of each year. However,
when the last day of September is a Saturday
or Sunday, that amount shall be delinquent
from the second business day of October. De-
linquent installments will draw the same delin-
quent interest as ordinary taxes. Property
owners may elect to pay any annual install-
ments semi - annually in advance.
Passed, approved and adopted this 7th day
of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CENTRAL AVENUE WATER SERVICE RE-
PLACEMENT
FINAL SCHEDULE OF VALUATION AND
PROPOSED ASSESSMENTS
DATE: March 7, 2011
The following schedule is hereby deter-
mined to show each lot proposed to be as-
sessed for the improvement shown in the title
together with the amount proposed to be as-
sessed against each lot and the valuations
shown opposite each lot are hereby fixed as
the true valuations of such lots by the City
Council of the City of Dubuque.
PROPERTY OWNER NAME; LOT DE-
SCRIPTION; PARCEL #; VALUATION WITH
84 Special & Regular Sessions, March 7, 2011 Book 141
IMPROVEMENT; WATER SERVICE PRI-
VATE LATERAL COSTS; WATER SERVICE
PRIVATE LATERAL DEFICIENCY; TOTAL
NET ASSESSMENT
Leslein, James; Lot 4a & S 1/3 of Lot 5 L H
Langworhty's. Add; 1024252003; $75,000.00;
$0.00; $0.00; $0.00
Leslein, James; Bal S 42' Lot 12 L H
Langs. Add; 1024207013; $18,422.40;
$1,722.40; $0.00; $1,722.40
Udelhofen, Janet; E77'4 "- S35' -N50' Lot6 &
Lot 2- W122'8" -S35' -N50' Lot 6 all in L H
Langworthy's Add; 1024135003; $76,715.36;
$3,315.36; $0.00; $3,315.36
National Retail Properties LP; Lot 2 -1 Be-
atrice Foods Place; 1024135005; $508,476.68;
$7,276.68; - $1,276.68; $6,000.00
Genesis Three Holdings LLC; LH Langs.
Add S 35' of S 60' Lot 10 Except Pt For White;
1024207007; $18,200.32; $2,100.32; $0.00;
$2,100.32
Genesis Three Holdings LLC; Lot 4 -9 L H
Lang's Add; 1024207003; $163,490.38;
$1,990.38; $0.00; $1,990.38
Gerhard, Curtis L; Lot 3 -9 L H Lang's Add;
1024207002; $9,400.00; $0.00; $0.00; $0.00
Plastic Center, Inc; Lot 2 "B" L H Langwor-
thy's Add 2204 -2204 1/2 & 2206 Central Ave;
1024201006; $243,000.00; $0.00; $0.00;
$0.00
Coursey, Wayne M & L Eileen; Lot 1 -1 -4d
L H Langworthy's Add 2222 -2222 1/2 Central
Ave; 1024201005; $165,927.17; $2,727.17; -
$262.00; $2,465.17
Hartig Realty IV LC; S 20'8" N25'4" Lot 1,
52418 "Lot 1, N4'8" N25'4" Lot 1, S 18' of 2;
1024129037; $460,321.53; $1,121.53; $0.00;
$1,121.53
Hartig Realty VI LC; Lot 2 of 4d And Lot 2
of 6f In L H Langworthy's Add; 1024201003;
$111,151.06; $2,951.06; - $485.89; $2,465.17
Hartig Realty VI LC; Lot 1 of 1 of 6f In L. H.
Langworthy's Add; 1024130011; $47,000.00;
$0.00; $0.00; $0.00
Heinold, David M; W 1/2 -S 1/2 -Lot 8 "H" L
H Langworthy's Add; 1 0241 3001 0;
$64,733.72; $2,733.72; - $268.55; $2,465.17
Winter, Jason W; W 1/2 -S 1/2 -Lot 10 "J" L
H Langworthy's Add; 1024130009;
$49,663.36; $2,863.36; - $398.19; $2,465.17
Schmitt, Richard W & Judy K; S 1/2 of Lot
8 Tivoli Add; 1024129026; $70,700.88;
$2,600.88; $0.00; $2,600.88
Hoist, Rebecca L; Lot 12" L" L H Langwor-
thy's Add; 1024130007; $65,850.31;
$1,350.31; $0.00; $1,350.31
Conrad, Jr., Ronald J.; N 1/2 of Lot 8 Tivoli
Add; 1024129025; $64,658.38; $2,858.38;
$0.00; $2,858.38
Haas, Daniel J & Amanda J; Lot 9 Tivoli
Add 2255 -2257 Central Ave; 1024129024;
$87,867.52; $2,767.52; $0.00; $2,767.52
Jellison, Kelly M Sr. & Dawn M; Lot 1 -14n
L H Langworthy's Add; 1024130006;
$9,973.11; $1,673.11; $0.00; $1,673.11
Helicon Resources LLC; Lot 2 Richardson
Place; 1024130001; $77,489.86; $2,789.86; -
$324.69; $2,465.17
Carner Properties LLC; Lot 1 Valeria Place
No. 2; 1024126032; $157,600.00; $0.00;
$0.00; $0.00
Reavis Properties LLC, Dan; Lot 2 Valeria
Place No 2; 1024126031; $368,257.80;
$1,157.80; $0.00; $1,157.80
Puetz, Joseph F & Jammie L; W 1/2 -N 1/2-
Lot 20 L H Langworthy's Add; 1013383006;
$42,323.74; $2,823.74; - $358.57; $2,465.17
Smothers, Patricia A &; N 1/2 -Lot 21 L H
Langworthy's Add; 1013383004; $88,163.77;
$2,763.77; - $298.60; $2,465.17
City of Dubuque; Lot 4 & N 96' Lot 3 Brew-
ery Add; 1013382001; $399,066.69;
$11,726.69; $0.00; $11,726.69
Maro, Gerald F & Janelda R; S 1/2 Lot 2-
171 & Lot 1 -2 -1 -171 L H Langworthy's Add;
1013378024; $42,585.32; $2,685.32; -
$220.15; $2,465.17
Schmitz, Lynn F; Lot 1 -10 Wullweber Sub;
1013377050; $11,608.36; $1,608.36; $0.00;
$1,608.36
Stowers, Michael R; Lot 9 Wullwebers
Sub'; 1013377048; $76,570.29; $2,470.29;
$0.00; $2,470.29
Smith, Steve J; W 95' Lot 2 -172 L H Lang -
worthy's Add; 1013378013; $11,879.69;
$1,379.69; $0.00; $1,379.69
Smith, Steve J; Lot 1 -172 & W 8' of E 75'
Lot 2 of 172 L H Langworthy's Add;
1 01 337801 2; $114,829.98; $2,429.98; $0.00;
$2,429.98
Routley, Jonathan J & Mary F; Lot 1 -1 F
Fosselman's Sub 2420 -2420 1/2 Central Ave;
1 01 337801 1; $53,241.86; $2,941.86; -
$476.69; $2,465.17
Routley, Jonathan J & Mary F; Lot 2 -1 F
Fosselmans Sub; 1 01 337801 0; $40,600.00;
$0.00; $0.00; $0.00
Straub, Harold H.; N 1/2 - E 180'- Lot 1 -6,
Jhon King's Dubuque; 1013377046;
$113,300.00; $0.00; $0.00; $0.00
Hess, Richard J & Nancy M; N 1/2 Lot 2
Frank Fosselmans; 1013378008; $57,582.03;
$2,482.03; - $16.86; $2,465.17
Frommelt, David C; S 1/2 & N 1/2 Lot 3 F
Fosselmans Sub; 1013378007; $43,438.41;
$4,138.41; $0.00; $4,138.41
Heiderscheit, Benjamin L; Ne 1/4 Lot 8
John King's Dubuque; 1013377044;
$45,684.69; $2,884.69; $0.00; $2,884.69
Mootz, Cletus J & Margaret A; N 1/2 Lot 4
& S 12 1/2 Lot 5 Frank Fosselman's Sub;
1013378005; $74,569.39; $2,369.39; $0.00;
$2,369.39
Book 141 Special & Regular Sessions, March 7, 2011 85
Copeland, Dennis W.; Ne 1/4 Lot 10 Jhon
King's Dubuque; 1013377042; $76,026.70;
$2,826.70; $0.00; $2,826.70
Sodawasser, Laura; N 15' Lot 6 & S 35' Lot
7 F Fosselman's Sub; 1013378002;
$92,370.12; $2,770.12; - $304.95; $2,465.17
Bries, Jerome A & Susan M; E 1/2 -Lot 12,
John King's Dubuque; 1013377041;
$116,198.99; $2,698.99; $0.00; $2,698.99
Mueller, Robert E & Sharon M; N 34 1/2'
Lot 226 & S 25' Lot 227 Davis Farm Add;
1 01 337601 8; $90,588.04; $2,188.04; $0.00;
$2,188.04
Pluym, Daniel L & Susan E; Lot 1 -N 35' of
W 170' of Lot 227 Davis Farm Add;
1 01 337601 4; $71,715.80; $2,215.80; $0.00;
$2,215.80
Paar, Laura K; Lot 2 -16 -John King's Dubu-
que; 1013377036; $60,671.90; $2,671.90;
$0.00; $2,671.90
Finn, James P & Pamela A; Lot 1- 1- 2 -1 -18
John King's Dubuque 2523 -2525 Central Ave;
1013377035; $84,400.00; $0.00; $0.00; $0.00
Delire, Stephen P & Janet M; Lots 1,2, & 4
& Lots 1 & 2 of 3 In Dunn's Sub & Lot 2- 1 -2 -1-
18 John Kings Dubuque; 1013377034;
$281,200.00; $0.00; $0.00; $0.00
Dubuque Community School; Lots 231,
232, 233, 234, & 235 Lots 1 & 2 of 230, N 28'-
Lot 229, & S 1/2 -Lot 236; 1013376020;
$749,571.73; $1,991.73; $0.00; $1,991.73
Even, John W. & Sandra; Lot 1 -1 -1 -241
Davis Farm Add; 1013314020; $67,139.87;
$3,539.87; $0.00; $3,539.87
Shappel, John J & Theresa M; Lot 2 -2 of
238 Davis Farm Add; 1013376001;
$69,581.93; $1,681.93; $0.00; $1,681.93
Silvestri, Michael A & Dorothy; Lot 1 -243
Davis Farm Add; 1013314018; $25,342.00;
$2,762.00; $0.00; $2,762.00
Genesis Two Holdings LLC; S 1/2 -269 Da-
vis Farm Add; 1013328016; $65,361.98;
$2,261.98; $0.00; $2,261.98
Hess, Richard J & Nancy M; E 1/2 of Lot
246 Davis Farm Add; 1 01 331 401 4;
$46,104.74; $2,604.74; $0.00; $2,604.74
Harrison, Gloria & James W; Lot 247 Davis
Farm Add; 1013314012; $61,594.95;
$2,794.95; $0.00; $2,794.95
Luher, Kathryn Marie; Lot 248 Davis Farm
Add; 1013314011; $74,043.12; $2,743.12;
$0.00; $2,743.12
Wedert, Joseph W & Kathleen M; N 1/2 -E
1/2 -272 Davis Farm Add; 1013328022;
$64,300.00; $0.00; $0.00; $0.00
Matlock Larry & Jean; Lot 249 Davis Farm
Add; 1013314010; $28,198.49; $2,198.49;
$0.00; $2,198.49
Kuhle, Mark J & Karen M; W 85' -S 1/2 -274
Davis Farm Add; 1013328006; $49,467.20;
$1,667.20; $0.00; $1,667.20
Then, Richard Henry; N 28' -275 Davis
Farm Add; 1013328003; $61,702.61;
$2,102.61; $0.00; $2,102.61
Schmitt, Gary C & Mary Lou; E 1/2 of Lot
250 Davis Farm Add; 1013314009;
$55,359.91; $2,759.91; $0.00; $2,759.91
Hess, Randall J & Shirley M; Lot 251 & S
1/2 of Lot 252, Davis Farm Add.; 1013307024;
$34,833.97; $3,573.97; $0.00; $3,573.97
Vogt, Emil F. & Delaine; Lot 253 & N 1/2 of
Lot 252, Davis Farm Add; 1013307023;
$3,194.65; $1,394.65; - $595.99; $798.66
Jones, James C Jr. & Shirley A; Lot 1 -W
170' -278 Davis Farm; 1013308010;
$76,897.74; $1,997.74; $0.00; $1,997.74
Vogt, Delaine A; Lot 254, Davis Farm Add.;
1013307022; $67,240.81; $2,440.81; $0.00;
$2,440.81
Schmitt, Eugene F Jr. &; Lot 2 -W 170' of
Lot 278 Davis Farm Add; 1013308009;
$61,427.96; $2,027.96; $0.00; $2,027.96
Kaune, David M; W 170' -279 Davis Farm
Add; 1013308008; $62,196.43; $1,496.43;
$0.00; $1,496.43
Farfan, Santos L & Salome; Lot 255 David
Farm Add; 1013307021; $17,049.96;
$1,549.96; $0.00; $1,549.96
Farfan, Santos L & Salome; S 1/2 of Lot
256 Davis Farm Add 2735 -2735 1/2 Central
Ave; 1013307020; $64,200.00; $0.00; $0.00;
$0.00
Schromen, Eldon L & Mildred; W 170' -280
Davis Farm Add; 1013308007; $103,996.76;
$2,396.76; $0.00; $2,396.76
Brimeyer, Randall J; Lot 257 Davis Farm
Add; 1013307017; $49,033.76; $2,833.76;
$0.00; $2,833.76
Wlochal, Dale G & Linda Ann; Lot 258 Da-
vis Farm Add; 1013307016; $64,617.39;
$2,717.39; $0.00; $2,717.39
Weiner, Joseph J & Catalina C; S 1/2 -W
170' -281 Davis Farm; 1013308006;
$78,610.08; $2,520.08; - $54.91; $2,465.17
O'brien, Raymond C & Mary; N 1/2 - W
170' -281 Davis Farm Add; 1013308005;
$60,116.24; $2,096.24; $0.00; $2,096.24
Jaeger, Theodore L & Agnese L; W 170' -1-
282, & W 170' -S 1/2 of 283 Davis Farm Add;
1013308003; $80,840.05; $1,640.05; $0.00;
$1,640.05
Koster, Randall J. & Susan M.; Lot 262
Davis Farm Add; 1013307012; $84,529.32;
$2,429.32; $0.00; $2,429.32
Barger, Shauntae D; S 23.5' of E 112' of
Lot 263 Davis Farm Add; 1013160002;
$58,299.45; $2,599.45; $0.00; $2,599.45
Wittman, Marlin L & Fonda F; W 84' -W
170' -287 Davis Farm; 1013156015;
$74,900.00; $0.00; $0.00; $0.00
Tittle, Robert G & Mary L; S 1/2 -W 170'-
288 Davis Farm; 1013156014; $53,723.75;
$2,323.75; $0.00; $2,323.75
Schmitt, Darlene M & Willis C; Lot 2 -265
86 Special & Regular Sessions, March 7, 2011 Book 141
Davis Farm Add; 1013155012; $75,474.25;
$2,574.25; $0.00; $2,574.25
Sarris - Matheos, Debbie S. & Michael; Lot
2 -W 170' - 290 Davis Farm; 1013156010;
$84,295.20; $2,395.20; $0.00; $2,395.20
Maus, Richard A & Neva M; N 1/2 -W 170'-
291 Davis Farm; 1013156008; $71,199.39;
$2,499.39; - $34.22; $2,465.17
Dietz, Donald J & Susan M; S 39'6" of Lot
2 G R West's Dubuque; 1013155007;
$62,176.20; $2,076.20; $0.00; $2,076.20
Pothoff, Alvin J & Kathryn E &; N 20.5' of
Lot 2 & S 3' of Lot 3 G R West's Add;
1013155006; $60,849.23; $2,149.23; $0.00;
$2,149.23
Pothoff, Alvin J & Kathie E &; Lot 2 of N 57'
of Lot 3 in G R West's Add; 1013155005;
$51,927.77; $2,227.77; $0.00; $2,227.77
Avenarius, Harold; Lot 1 of N 57' of Lot 3 in
G R West's Add; 1013155004; $33,300.33;
$2,200.33; $0.00; $2,200.33
Keuter, Mark & Jessica; W 1/2 -294 Davis
Farm Add; 1013156004; $87,635.98;
$2,415.98; $0.00; $2,415.98
Johnson, Keith A; W 80' -E 1/2 -294 Davis
Farm Add; 1013156018; $94,243.14;
$2,443.14; $0.00; $2,443.14
Reiff, Albert J & Melissa L; Lot 1 -N 2' -W
170' of 295 & Lot 1 -1 W 170' of 296 Davis
Farm Add 2880 -2882 Central Ave;
1013156002; $90,581.89; $2,481.89; - $16.72;
$2,465.17
Puetsch, Timothy A; W 85' of W 170' of Lot
297 Davis Farm Add; 1 01 31 5201 4;
$76,644.02; $2,344.02; $0.00; $2,344.02
Kernall, Kris D & Mary K; N 30' of W 170'
of Lot 298 Davis Farm Add; 1013152012;
$64,820.91; $1,520.91; $0.00; $1,520.91
Paragon Llc; Lot 1 -1 Paragon Square;
1 01 31 5501 6; $253,771.23; $4,278.23; $0.00;
$4,278.23
Gateways to Home; S 1/2 of W 170' of 301
Davis Farm Add; 1013152009; $68,951.77;
$2,351.77; $0.00; $2,351.77
Henkels, Francis Wm; S 1/2 of W 170' of
Lot 302 Davis Farm Add; 1013152007;
$97,217.72; $2,217.72; $0.00; $2,217.72
Vonhollen, Herbert C & Verna; N 1/2 of W
Property Acquisition - 2349 and 2350 Elm
Street: City Manager recommending approval
of the acquisition of property located at 2349
and 2350 Elm Street as part of the Bee Branch
Creek Restoration Project. Upon motion the
documents were received and filed and Reso-
lution No. 71 -11 Approving the acquisition of
real estate owned by Jerry A. Spiegelhalter in
the City of Dubuque was adopted.
170' of Lot 302 Davis Farm Add; 1013152006;
$69,578.58; $2,278.58; $0.00; $2,278.58
Otting, Jasen & Tracy; Lot 13 G R West's
Add; 1014232030; $85,347.00; $2,347.00;
$0.00; $2,347.00
Stayer, Christopher T; Lot 2 of Lot 308 Da-
vis Farm; 1 01 31 51 006; $11,893.93; $1,293.93;
$0.00; $1,293.93
Schroeder, Richard J & Lois J; Lot 14 G R
West's Dub Add; 1014232029; $53,024.00;
$2,424.00; $0.00; $2,424.00
Hartzell, Craig H & Rose A; W 170' of Lot
309 Davis Farm; 1 01 31 51 002; $146,774.95;
$1,574.95; $0.00; $1,574.95
Duggan, Dustan J; W 170' of Lot 310 Davis
Farm Add; 1 01 31 51 001; $130,334.48;
$2,034.48; $0.00; $2,034.48
Lewin, Jennifer L; Lot 16 G R West's Add;
1014232027; $96,200.00; $0.00; $0.00; $0.00
Miller, Franklin W Jr. & Sheree; W 170' of
Lot 312 Davis Farm; 1014233015;
$116,108.72; $2,308.72; $0.00; $2,308.72
Eisbach, Dorothy; W 85' of W 170' of Lot
313 Davis Farm Add; 1014233011;
$84,942.73; $2,242.73; $0.00; $2,242.73
Stiles, Jeff & Mindy; Lot 17 G R West's
Add; 1014232026; $20,700.00; $0.00; $0.00;
$0.00
Stiles, Jeff & Mindy; Lot 18 G R West's
Add; 1014232025; $114,200.78; $3,100.78;
$0.00; $3,100.78
Stiles, Jeff Johnston; W 100' of N 50' of W
170' of Lot 315 Davis Farm Add; 1014233009;
$74,147.65; $2,247.65; $0.00; $2,247.65
Deutsche Bank Natl. Tr. Co. Ocwen Loan
Servicing LLC; W 170' of Lot 316 Davis Farm
Add; 1014233008; $77,137.78; $2,237.78;
$0.00; $2,237.78
Lau, Brian A; W 170' of Lot 317 Davis
Farm; 1014233007; $118,444.36; $2,114.36;
$0.00; $2,114.36
Brennan, Michael & Knockel; Lot 22 And S
45' of Lot 23 in G R West's Add; 1014232021;
$120,299.98; $4,899.98; $0.00; $4,899.98
Hohl, Theodore R & Muriel; Lot 1 Kretz
Corner; 1 01 423301 8; $445,500.00; $0.00;
$0.00; $0.00
RESOLUTION NO. 71 -11
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY JERRY A. SPIEGEL-
HALTER 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 recom-
mended in the 2001 "Drainage Basin Master
Plan;" and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled for acquisition.
NOW, THEREFORE, BE IT RESOLVED
Book 141 Special & Regular Sessions, March 7, 2011 87
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves the acquisition of the following legal-
ly described property:
Lot 2 -1 -2 -1 -106 L H Langworthy's Add
AND Lot 1 -2 -106 L H Langworthy's Add, in the
City of Dubuque, Dubuque County, Iowa, At
the cost of Eighty Five Thousand and 00/100
Dollars ($85,000.00).
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 a
certified copy of the Resolution.
Section 4. That the City Clerk be and is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 7th day
of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Property Acquisition — 2113 Kniest Street
City Manager recommending approval of the
acquisition of property located at 2113 Kniest
Street for additional green space along the
Bee Branch Creek Restoration Project. Upon
motion the documents were received and filed
and Resolution No. 72 -11 Approving the ac-
quisition of real estate owned by Lloyd P.
Schmitt and Joann L. Schmitt in the City of
Dubuque was adopted.
RESOLUTION NO. 72 -11
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY LLOYD P. SCHMITT
AND JOANN L. SCHMITT 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 recom-
mended in the 2001 "Drainage Basin Master
Plan;" and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled 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 legal-
ly described property:
Lot 1 -1 -11 L. Kniest's Subdivision of
part of Mineral Lot 314, in the City of
Dubuque, Dubuque County, Iowa, the cost
of Twenty Seven Thousand Five Hundred
and 00/100 Dollars ($27,500.00).
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 a
certified copy of the Resolution.
Section 4. That the City Clerk be and is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 7th day
of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Property Acquisition — 2117 Kniest Street
City Manager recommending approval of the
acquisition of property located at 2117 Kniest
Street for additional green space along the
Bee Branch Creek Restoration Project. Upon
motion the documents were received and filed
and Resolution No. 73 -11 Approving the ac-
quisition of real estate owned by Robert F.
Atkinson and Brenda L. Atkinson in the City of
Dubuque was adopted.
RESOLUTION NO. 73 -11
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY ROBERT F. ATKIN-
SON AND BRENDA L. ATKINSON 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 recom-
mended in the 2001 "Drainage Basin Master
Plan;" and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled 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 legal-
ly described property:
Lot 5 of the Subdivision of Lot 11 in L.
Kniest's Subdivision of part of Mineral Lot
314, in the City of Dubuque, Dubuque
County, Iowa, at the cost of Twenty Two
Thousand Five Hundred and 00/100 Dol-
lars ($22,500.00).
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
88 Special & Regular Sessions, March 7, 2011 Book 141
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 a
certified copy of the Resolution.
Section 4. That the City Clerk be and is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 7th day
of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Land and Water Conservation Fund
(LWCF) Grant: City Manager recommending
approval of a Land and Water Conservation
Fund (LWCF) grant application for the Bee
Branch Creek Outdoor Classroom project.
Upon motion the documents were received
and filed and Resolution No. 74 -11 Approving
a LWCF Grant application to the Iowa Depart-
ment of Natural Resources for the Bee Branch
Creek Outdoor Classroom was adopted.
RESOLUTION NO. 74- 11
APPROVING A LWCF GRANT APPLICA-
TION TO THE IOWA DEPARTMENT OF
NATURAL RESOURCES FOR THE BEE
BRANCH CREEK OUTDOOR CLASSROOM,
COUNTY: DUBUQUE
Whereas, the City of Dubuque, Iowa, is in-
terested in developing outdoor recreational
facilities on the following described project for
the enjoyment of the citizenry of City of Dubu-
que, Iowa, and the State of Iowa:
Project Title: Bee Branch Creek
Outdoor Classroom
Total Estimated Cost: $382,000
Brief Description of Project: The
Bee Branch Creek Outdoor Classroom
is space set aside in a linear park along
the Bee Branch Creek Restoration Pro-
ject. The Creek restoration will enhance
the value and function of the natural
stream ecosystem, while incorporating
bike /hike trails, lighting, benches, trees,
landscaping, a public urban orchard
and community gardens, and an am-
phitheater for the Outdoor Classroom
adjacent to Audubon Elementary
School. In this Outdoor Classroom,
students and adults can learn about
stream improvements and riparian hab-
its through a hands -on experience. The
project also will provide an interactive
opportunity for students and adults to
learn how math, literature, history, art,
and music are influenced by nature.
AND, Land and Water Conservation
Fund financial assistance is required
for the acquisition or development of
said outdoor recreational facilities,
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the project described
above be authorized.
Section 2. That the City of Dubuque makes
application to the Iowa Department of Natural
Resources to seek Land and Water Conserva-
tion Fund financial assistance from the Nation-
al Park Service in the amount of 46% of the
actual cost of the project in behalf of said City
of Dubuque.
Section 3. That the City of Dubuque certi-
fies to the following:
1. That it will accept the terms and
conditions set forth in the NPS Grants -
in -Aid Manual and which will be a part
of the Project Agreement for any grant
awarded under the attached proposal.
2. That it is in complete accord with
the attached proposal and that it will
carry out the acquisition and /or devel-
opment in the manner described in the
proposal and any plans and specifica-
tions attached thereto unless prior ap-
proval for any change has been re-
ceived from the Iowa Department of
Natural Resources.
3. That it has the ability and inten-
tion to finance its share of the cost of
the project and that the project will be
operated and maintained at the ex-
pense of said City of Dubuque for pub-
lic outdoor recreational use.
4. That no financial assistance has
been given or promised under any oth-
er federal program or activity with re-
gard to the proposed project.
5. That it will not discriminate
against any person on the basis of
race, color, or natural origin in the use
of any property or failure acquired or
developed pursuant to this proposal,
and shall comply with the terms and in-
tent of the Title VI of the Civil Rights
Act of 1964, P.L. 88 -352 (1964), and of
the regulations promulgated pursuant
to such Act by the Secretary of the Inte-
rior and contained in 43 CFR 17.
6. That it will maintain adequate fi-
nancial records on the proposed project
to substantiate claims for cost - sharing.
Passed, approved and adopted this 7th day
of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Legislative Correspondence: Communica-
tion to Senator Pam Jochum requesting that
Book 141 Special & Regular Sessions, March 7, 2011 89
the $300,000 State Transit Assistance (STA)
Rebuild Iowa Infrastructure funds be main-
tained.
Communication to Senator Tom Harkin,
Senator Chuck Grassley and Congressman
Bruce Braley regarding funding threats to the
Community Development Block Grant pro-
gram.
Upon motion the documents were received
and filed.
Iowa Department of Natural Resources
Aquatic Education Program Grant: City Man-
ager recommending approval of an Iowa De-
partment of Natural Resources Aquatic Educa-
tion Program Grant Application. Upon motion
the documents were received, filed, and ap-
proved.
Intermodal Contract Amendment: City
Manager recommending approval to amend
the contract with IIW for selection of an inter -
modal site to cover the extra work for Archeo-
logical Services in the amount of $5,438.51
and Environmental Services in the amount of
$15,400.00. Upon motion the documents were
received, filed, and approved.
State of Iowa Direct Financial Assistance
Contract for Sedgwick Claims Management
Services, Inc.: City Manager recommending
approval of a contract with the Iowa Depart-
ment of Economic Development (IDED) for
Iowa Values Funds (IVF) Financial Assistance
benefits on behalf of Sedgwick Claims Man-
agement Services, Inc. Upon motion the doc-
uments were received and filed and Resolution
No. 75 -11 Approving an Iowa Values Fund
Financial Assistance Contract by and among
the Iowa Department of Economic Develop-
ment, the City of Dubuque, and Sedgwick
Claims Management Services, Inc., was
adopted.
RESOLUTION NO. 75 -11
APPROVING AN IOWA VALUES FUND FI-
NANCIAL ASSISTANCE CONTRACT BY
AND AMONG THE IOWA DEPARTMENT OF
ECONOMIC DEVELOPMENT, THE CITY OF
DUBUQUE AND SEDGWICK CLAIMS MAN-
AGEMENT SERVICES, INC.
Whereas, Sedgwick Claims Management
Services, Inc., application was approved by
the Iowa Department of Economic Develop-
ment on August 19, 2010; and
Whereas, the Iowa Department of Eco-
nomic Development has prepared and submit-
ted for City Council approval a contract relating
to Iowa Values Fund Financial Assistance
benefits for Sedgwick Claims Management
Services, Inc., a copy of which is attached
hereto and by this reference made a part
hereof; and
Whereas, the City Council finds that the
proposed contract is acceptable and neces-
sary to the growth and development of the city.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of
Economic Development Iowa Values Fund
Financial Assistance contract, Number 11-
IVF/TC -010, is hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Contract
on behalf of the City of Dubuque and forward
the executed copy to the Iowa Department of
Economic Development for their approval.
Passed, approved, and adopted this 7th
day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Partial Release of Mortgage — River Valley
Nursery: City Manager recommending approv-
al of a partial release of the mortgage on River
Valley Nursery's property to facilitate sale of a
lot to Habitat for Humanity. Upon motion the
documents were received and filed and Reso-
lution No. 76 -11 Approving a partial release of
mortgage for River Valley Nursery and Land -
scape, Inc., was adopted.
RESOLUTION NO. 76 -11
APPROVING A PARTIAL RELEASE
OF MORTGAGE FOR RIVER VALLEY
NURSERY AND LANDSCAPE, INC.
Whereas, River Valley Nursery and Land-
scape operates a business at 2813 Jackson
Street; and
Whereas, the City of Dubuque approved
an Urban Development Action Grant (UDAG)
loan to Dubuque Nursery and Landscape on
April 5, 2004; and
Whereas, the Company has requested a
partial release of the mortgage to facilitate a
sale of a parcel to Habitat for Humanity to con-
struct a house.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the partial release of mort-
gage for River Valley Nursery and Landscape,
Inc., is hereby approved.
Section 2. That the City Manager is author-
ized to execute, on behalf of the City of Dubu-
que, Iowa, said partial release of mortgage in
substantially the form attached hereto, but with
such changes as the City Manager, with the
assistance of the City Attorney, find to be ap-
propriate, the City Manager's execution thereof
to constitute this City Councils approval of
said partial mortgage release.
Passed, approved and adopted this 7th
90 Special & Regular Sessions, March 7, 2011 Book 141
day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque Industrial Center West (South
Siegert Farm) Request for Proposals: City
Manager recommending approval of the issu-
ance of a Request for Proposals for the de-
sign, consulting and engineering services for
the Dubuque Industrial Center West — South
Siegert Farm Addition. Upon motion the doc-
uments were received, filed, and approved.
Journal of Emergency Dispatch: Copy of
Journal of Emergency Dispatch that features
the Dubuque Communications Center annual
Hills and Dales Christmas Celebration. Upon
motion the document was received and filed.
Code of Ordinances — Supplement No. 4:
City Manager recommending approval of Sup-
plement No. 4 to the Code of Ordinances. Up-
on motion the documents were received and
filed and Resolution No. 77 -11 Adopting Sup-
plement No. 4 to the Code of Ordinances was
adopted.
RESOLUTION NO. 77 -11
ADOPTING SUPPLEMENT NO. 4 TO THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, under date of August 17, 2009,
the City Council, pursuant to Ordinance No.
43 -09, readopted the Code of Ordinances of
the City of Dubuque, Iowa, in its entirety; and
Whereas, since August 17, 2009 the City
Council of the City of Dubuque, Iowa, has
adopted certain ordinances amending the
Code of Ordinances and said amendments
have been printed as supplements to the Code
of Ordinances; and
Whereas, Section 380.8 of the Code of Io-
wa provides that supplements, by resolution,
become part of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 4 of the
Code of Ordinances of the City of Dubuque,
Iowa, covering changes to Chapter 16 — Uni-
fied Development Code, prepared by the Ster-
ling Codifiers, Inc., and filed in the Office of the
City Clerk of the City of Dubuque, Iowa, is
hereby adopted and becomes part of the Code
of Ordinances of the City of Dubuque, Iowa.
Passed, approved and adopted this 7th day
of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Bunker Hill Golf Course Cart Lease
Agreement: City Manager recommending ap-
proval of a lease agreement with Yamaha
Commercial Customer Finance for sixty golf
carts for the Bunker Hill Golf Course for a peri-
od of six golf seasons. Upon motion the docu-
ments were received, filed, and approved.
Dubuque Community School District's 21st
Century Learning Grant Application: City Man-
ager recommending support for the Dubuque
Community School District's 21st Century
Learning Grant Application and submission of
a Letter of Support. Upon motion the docu-
ments were received, filed, and approved.
Mississippi River Water Quality Center:
City Manager recommending approval of let-
ters of support for a potential Mississippi River
Water Quality Center to be located in Dubu-
que. Upon motion the documents were re-
ceived, filed and approved.
Signed Contracts: 975 Central Parking
Ramp Change Orders. Upon motion the doc-
uments were received and filed.
Liquor License Applications: City Manager
recommending approval of annual liquor li-
cense renewals as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 78 -11 Granting the issuance of a
Class "B" Beer Permit to Panchero's Mexican
Grill and a Class "C" Beer Permit to Ron's Five
Point Mart, Hy -Vee #3, Hy -Vee Gas #3, and
Big 10 Mart; and Resolution No. 79 -11 Grant-
ing the issuance of a Class "C" Beer /Liquor
License to Eagle Club, Mystique Casino, Bull-
dog Billiards and Tantra Thai Bistro; a Class
"B" Wine Permit to Tantra Thai Bistro, Hy -Vee
#3 and Hy -Vee Gas #3; and a Class "WBN"
Native Wine Permit to Big 10 Mart and Bluff
Street Brew Haus were adopted.
RESOLUTION NO. 78 -11
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
ined and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Beer Permit.
CLASS "B" BEER PERMIT
Central Coast Hospitality, Panchero's Mex-
ican Grill +(Sunday /Outdoor Sale), 4840 As-
bury Rd.
CLASS "C" BEER PERMIT
Book 141 Special & Regular Sessions, March 7, 2011 91
R Future, Inc., Ron's Five Point Mart
+(Sunday Sale), 405 Rhomberg Ave.
Hy -Vee, Inc., Hy -Vee # 3 +(Sunday Sale),
400 Locust Street
Hy -Vee, Inc., Hy -Vee # 3 Gas +(Sunday
Sale), 300 Locust Street
Molo Oil Company, Big 10 Mart +(Sunday
Sale), 2100 JFK Road
Passed, approved and adopted this 7th
day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 79 -11
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
nances 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
DBQ Fraternal Order Eagles, Eagle Club
+(Sunday Sale), 1175 Century Dr.
Dubuque Racing Association, Mystique
Casino +(Sunday /Outdoor Sale), 1855 Grey-
hound Park
Bulldog Billiards, Inc., Bulldog Billiards
+(Sunday Sale), 1850 Central Ave.
Three Samurai in IA, Inc., Tantra Thai Bis-
tro +(Sunday Sale), 2055 Holliday Dr.
CLASS "B" WINE
Three Samurai in IA, Inc., Tantra Thai Bis-
tro, 2055 Holliday Dr.
Hy -Vee, Inc., Hy -Vee # 3, 400 Locust St.
Hy -Vee, Inc., Hy -Vee # 3 Gas, 300 Locust
St.
CLASS "WBN" NATIVE WINE
Molo Oil Company, Big 10 Mart, 2100 JFK
Rd.
Jerry Anderson, Bluff Street Brew Haus,
372 Bluff St.
Passed, approved and adopted this 7th day
of March, 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 pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 6 -0.
CARADCO — Development Agreement:
City Manager recommending that a public
hearing be set for March 21, 2011 to consider
approval of entering into a Development
Agreement with CARADCO Building, LLLP, for
the purpose of redeveloping the property lo-
cated at 900 Jackson Street. Upon motion the
documents were received and filed and Reso-
lution No. 80 -11 Fixing the date for a public
hearing of the City Council of the City of
Dubuque, Iowa, on the proposed issuance of
Urban Renewal Tax Increment Revenue Obli-
gations and the execution of a Development
Agreement relating thereto with CARADCO
Building, LLLP, and providing for the publica-
tion of notice thereof was adopted setting a
public hearing for a meeting to commence at
6:30 p.m. on March 21, 2011 in the Historic
Federal Building.
RESOLUTION NO. 80 -11
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, ON THE PROPOSED
ISSUANCE OF URBAN RENEWAL TAX IN-
CREMENT REVENUE OBLIGATIONS AND
THE EXECUTION OF A DEVELOPMENT
AGREEMENT RELATING THERETO WITH
CARADCO BUILDING, LLLP, AND PROVID-
ING FOR THE PUBLICATION OF NOTICE
THEREOF
Whereas, City and CARADCO Building,
LLLP, have entered into a Development
Agreement, subject to the approval of the City
Council, 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 inter-
ests of the City to approve the Development
Agreement, with CARADCO Building, LLLP;
and
Whereas, it is deemed necessary and ad-
visable that City should authorize Urban Re-
newal Tax Increment Revenue obligations, as
provided by Chapter 403 of the Code of Iowa,
and to enter into the Development Agreement
relating thereto for the purpose of carrying out
an Urban Renewal Plan as hereinafter de-
scribed; 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
92 Special & Regular Sessions, March 7, 2011 Book 141
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby author-
ized and directed to cause this Resolution and
a notice to be published as prescribed by Iowa
Code Section 403.9 of a public hearing on the
City's intent authorize Urban Renewal Tax
Increment Revenue obligations, to be held on
the 21st day of March, 2011, at 6:30 o'clock
p.m. in the City Council Chambers at the His-
toric Federal Building, 350 W. 6th St., Dubu-
que, Iowa.
Section 2. The City Council will meet at
said time and place for the purpose of taking
action on the matter of authorizing Urban Re-
newal Tax Increment Revenue obligations and
the execution of the Development Agreement
relating thereto with CARADCO Building,
LLLP, the proceeds of which obligations will be
used to carry out certain of the special financ-
ing activities described in the Urban Renewal
Plan for the Greater Downtown Urban Renew-
al District, consisting of the funding of econom-
ic developments grants to Plastic Center, Inc.,
pursuant to the Development Agreement un-
der the terms and conditions of said Urban
Renewal Plan. It is expected that the aggre-
gate amount of the Tax Increment Revenue
obligations is approximately $2,500,000.
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 circula-
tion in said City, said publication to be not less
than four days nor more than twenty days be-
fore 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 sub-
stantially the form attached hereto.
Passed, approved and adopted this 7th day
of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Nottingham Properties, LLC — Develop-
ment Agreement: City Manager recommending
that a public hearing be set for March 21, 2011
to consider approval of entering into a Devel-
opment Agreement with Nottingham Proper-
ties, LLC, for the purpose of redeveloping
property located at 485 Locust Street. Upon
motion the documents were received and filed
and Resolution No. 81 -11 Fixing the date for a
public hearing of the City Council of the City of
Dubuque, Iowa, on the proposed issuance of
Urban Renewal Tax Increment Revenue Obli-
gations and the execution of a Development
Agreement relating thereto with Nottingham
Properties, LLC, and providing for the publica-
tion of notice thereof was adopted setting a
public hearing for a meeting to commence at
6:30 p.m. on March 21, 2011 in the Historic
Federal Building.
RESOLUTION NO. 81 -11
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE PROPOSED
ISSUANCE OF URBAN RENEWAL TAX IN-
CREMENT REVENUE OBLIGATIONS AND
THE EXECUTION OF A DEVELOPMENT
AGREEMENT RELATING THERETO WITH
NOTTINGHAM PROPERTIES, LLC, AND
PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
Whereas, City and Nottingham Properties,
LLC, have entered into a Development
Agreement, subject to the approval of the City
Council, 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 inter-
ests of the City to approve the Development
Agreement, with Nottingham Properties, LLC.;
and
Whereas, it is deemed necessary and ad-
visable that City should authorize Urban Re-
newal Tax Increment Revenue obligations, as
provided by Chapter 403 of the Code of Iowa,
and to enter into the Development Agreement
relating thereto for the purpose of carrying out
an Urban Renewal Plan as hereinafter de-
scribed; 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 Clerk is hereby author-
ized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa
Code Section 403.9 of a public hearing on the
City's intent to authorize Urban Renewal Tax
Increment Revenue obligations, to be held on
the 21st day of March, 2011, at 6:30 o'clock p.m.
in the City Council Chambers at the Historic
Federal Building, 350 W. 6th St., Dubuque, Iowa.
Section 2. The City Council will meet at
said time and place for the purpose of taking
action on the matter of authorizing Urban Re-
newal Tax Increment Revenue obligations and
the execution of the Development Agreement
relating thereto with Nottingham Properties,
LLC, the proceeds of which obligations will be
Book 141 Special & Regular Sessions, March 7, 2011 93
used to carry out certain of the special financ-
ing activities described in the Urban Renewal
Plan for the Greater Downtown Urban Renew-
al District, consisting of the funding of econom-
ic development grants to Nottingham Proper-
ties, LLC, pursuant to the Development
Agreement under the terms and conditions of
said Urban Renewal Plan. It is expected that
the aggregate amount of the Tax Increment
Revenue obligations is approximately $75,000.
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 circula-
tion in said City, said publication to be not less
than four days nor more than twenty days be-
fore 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 sub-
stantially the form [provded] hereto.
Passed, approved and adopted this 7th day
of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Iowa 32 Hike / Bike Trail Phase 3 Project:
City Manager recommending initiation of the
public bidding process for the Iowa 32 Hike /
Bike Trail Phase 3 Project and that a public
hearing be set for March 21, 2011. Upon mo-
tion the documents were received and filed
and Resolution No. 82 -11 Preliminary approval
of plans, specifications, form of contract, and
estimated cost; setting date of public hearing
on the plans and specifications, form of con-
tract, and estimated cost; and ordering the
advertisement for bids for the Iowa 32 Hike /
Bike Trail Phase 3 Project was adopted setting
a public hearing for a meeting to commence at
6:30 p.m. on March 21, 2011 in the Historic
Federal Building.
RESOLUTION NO. 82 -11
IOWA 32 HIKE / BIKE TRAIL, PHASE 3
PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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 Iowa 32
Hike / Bike Trail, Phase 3 Project, in the esti-
mated amount $200,000, are hereby prelimi-
narily approved and ordered filed in the office
of the City Clerk for public inspection.
A public hearing will be held on the 21st
day of March, 2011, at 6:30 p.m. in the Council
Chambers, second floor of the Historic Federal
Building, 350 West 6th Street, Dubuque, Iowa,
at which time interested persons may appear
and be heard for or against the proposed plans
and specifications, form of contract and esti-
mated cost of said Project, and the City Clerk
be and is hereby directed to cause the at-
tached 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 objec-
tions to the proposed plans, specifications,
form of contract, or estimated cost of the Pro-
ject.
The Iowa 32 Hike / Bike Trail, Phase 3 Pro-
ject, is hereby ordered to be advertised for
bids for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements 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
before 2:00 p.m. on the 24th day of March,
2011. Bids shall be opened and read by the
City Clerk at said time and will be submitted to
the City Council for final action at 6:30 p.m. on
the 4th day of April, 2011, in Council Cham-
bers, second floor of the Historic Federal
Building, 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 7th day
of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Central Avenue HMA Resurfacing Project
from 21st to 32od Street: City Manager recom-
mending initiation of the public bidding process
for the Central Avenue HMA Resurfacing Pro-
ject from 21st to 32nd Street and that a public
hearing be set for March 21, 2011. Upon mo-
tion the documents were received and filed
and Resolution No. 83 -11 Preliminary approval
of plans, specifications, form of contract, and
estimated cost; setting date of public hearing
on the plans and specifications, form of con-
tract, and estimated cost; and ordering the
advertisement for bids for the Central Avenue
HMA Resurfacing Project from 21st to 32nd
Street was adopted setting a public hearing for
94 Special & Regular Sessions, March 7, 2011 Book 141
a meeting to commence at 6:30 p.m. on March
21, 2011 in the Historic Federal Building.
RESOLUTION NO. 83 -11
CENTRAL AVENUE HMA RESURFACING
PROJECT, FROM 21ST TO 32ND STREET
(IOWA DOT PROJECT NO. STPN -052 -2
(106)-- 2J -31)
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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 Central
Avenue HMA Resurfacing Project, from 21st to
32od Street (Iowa DOT Project No. STPN -052-
2 (106)-- 2J -31), in the estimated amount
$1,655,782.75, are hereby preliminarily ap-
proved and ordered filed in the office of the
City Clerk for public inspection.
A public hearing will be held on the 21st
day of March, 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 cir-
culation 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 inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The Central Avenue HMA Resurfacing Pro-
ject, from 21st to 32nd Street, (Iowa DOT Pro-
ject No. STPN -052 -2 (106)-- 2J -31) is hereby
ordered to be advertised for bids for construc-
tion.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements 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
before 2:00 p.m. on the 29th day of March,
2011. Bids shall be opened and read by the
City Clerk at said time and will be submitted to
the City Council for final action at the public
hearing at 6:30 p.m. on the 4th day of April,
2011, in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street,
Dubuque, Iowa.
Passed, adopted and approved this 7th day
of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Port of Dubuque Marina Dock System and
Utilities Project — Bid Package #1: City Man-
ager recommending initiation of the public bid-
ding process for the Port of Dubuque Marina
Dock System and Utilities Project — Bid Pack-
age #1 and that a public hearing be set for
March 21, 2011. Upon motion the documents
were received and filed and Resolution No. 84-
11 Preliminary approval of plans, specifica-
tions, 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
for the Port of Dubuque:Marina Dock System
and Utilities Project — Bid Package #1 was
adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on March 21, 2011
in the Historic Federal Building.
RESOLUTION NO. 84 -11
PORT OF DUBUQUE MARINA PROJECT,
BID PACKAGE NO. 1
TRANSIENT DOCKS AND UTILITIES
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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 Port of
Dubuque Marina Project, Bid Package No. 1 —
Transient Docks and Utilities, in the estimated
amount $4,126,752.00, are hereby preliminari-
ly approved and ordered filed in the office of
the City Clerk for public inspection.
A public hearing will be held on the 21st
day of March, 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 cir-
culation in the City of Dubuque, Iowa, which
Book 141 Special & Regular Sessions, March 7, 2011 95
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 inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The Port of Dubuque Marina Project, Bid
Package No. 1 — Transient Docks and Utilities
is hereby ordered to be advertised for bids for
construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements 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
before 2:00 p.m. on the 7th day of April, 2011.
Bids shall be opened and read by the City
Clerk at said time and will be submitted to the
CitK Council for final action at 6:30 p.m. on the
18t day of April, 2011, in the Historic Federal
Building Council Chambers (second floor), 350
West 6 Street, Dubuque, Iowa.
Passed, adopted and approved this 7th day
of March, 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: Zoning Board
of Adjustment: One 5 -year term through March
26, 2016 (Term of Klauer). Applicant Randall
Klauer, 2437 Matthew John Drive.
Appointments to the following
Boards/Commissions: Community Develop-
ment Advisory Commission: One 3 -year term
through February 15, 2014 (Term of Shaw).
Applicant: David Shaw, 2765 Broadway Street.
Motion by Braig to appoint David Shaw to the
Community Development Advisory Commis-
sion for a 3 -year term through February 15,
2014. Seconded by Connors. Motion carried 6-
0.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
Sanitary Sewer Easement — Faley Proper-
ties, LLC: Proof of publication on notice of pub-
lic hearing to consider a request from Faley
Properties, LLC, d /b /a IWI Motor Parts to ob-
tain an easement for a sanitary sewer lateral
that will serve their development of Lot 2 of
Dubuque Industrial Center North First Addition
and City Manager recommending approval.
Motion by Jones to receive and file the docu-
ments and adopt Resolution No. 85 -11 Ap-
proving the disposal of a sanitary sewer
easement in the Dubuque Industrial Center
North First Addition to Faley Properties, LLC,
and Faley Enterprises, Inc. Seconded by
Braig. Motion carried 6 -0.
RESOLUTION NO. 85 -11
APPROVING THE DISPOSAL OF A SANI-
TARY SEWER EASEMENT IN THE DUBU-
QUE INDUSTRIAL CENTER NORTH FIRST
ADDITION TO FALEY PROPERTIES, LLC,
AND FALEY ENTERPRISES, INC.
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 Of-
fice of the City Clerk, City Hall, 13th and Cen-
tral Avenue, Dubuque, Iowa; and
Whereas, it is the determination of the City
Council that approval of the Sanitary Sewer
Easement to Faley Properties, LLC, and Faley
Enterprises, Inc., would be in the best interest
of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Sanitary Sewer Easement
to Faley Properties, LLC, and Faley Enterpris-
es, Inc., is hereby accepted and approved.
Section 2. That the Mayor is hereby au-
thorized to execute, on behalf of the City
Council of the City of Dubuque, the attached
Sanitary Sewer Easement with Faley Proper-
ties, LLC, and Faley Enterprises, Inc.
Section 3. That the City Manager is hereby
authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa all nec-
essary documents in accordance with the
terms and conditions of the executed ease-
ment.
Passed, approved and adopted this 7th day
of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F Schneider, CMC, City Clerk
Greater Downtown Urban Renewal District:
Proof of publication on notice of public hearing
to consider an amendment to the Greater
Downtown Urban Renewal District to include
the South Bluff Street Subarea and City Man-
ager recommending approval.
Long Range Planning Advisory Commis-
96 Special & Regular Sessions, March 7, 2011 Book 141
sion recommending approval of the amended
and restated Urban Renewal Plan for the
Greater Downtown Urban Renewal District.
Motion by Braig to receive and file the doc-
uments and adopt Resolution No. 86 -11 Ap-
proving the Amended and Restated Urban
Renewal Plan for the Greater Downtown Ur-
ban Renewal District. Seconded by Connors.
Motion carried 6 -0.
RESOLUTION NO. 86 -11
APPROVING THE AMENDED AND RE-
STATED URBAN RENEWAL PLAN FOR
THE GREATER DOWNTOWN URBAN RE-
NEWAL DISTRICT
Whereas, on January 18, 2011 the City
Council of the City of Dubuque, Iowa author-
ized the preparation of an Amended and Re-
stated Urban Renewal Plan (the "Plan ") for the
Greater Downtown Urban Renewal District
(the "District'); and
Whereas, the City of Dubuque's primary
objective in amending this Plan is to provide
opportunities for further redevelopment and
reinvestment in the downtown; and
Whereas, the Long Range Planning Com-
mission has reviewed the proposed Plan and
has found that said document is consistent
with the Comprehensive Plan for the develop-
ment of the City of Dubuque as a whole and
has transmitted its findings to the City Council;
and
Whereas, a consultation process has been
undertaken with affected taxing entities in ac-
cordance with Chapter 403 of the Code of Io-
wa with no written objections or recommended
changes to the Plan received; and
Whereas, the City Council, in accordance
with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed amend-
ed and restated Plan after public notice there-
of.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated
Urban Renewal Plan for the Greater Down-
town Urban Renewal District, on file in the City
Clerk's Office and made reference to herein,
be approved.
Section 2. That the City Clerk of the City of
Dubuque, Iowa is hereby authorized and di-
rected to file a certified copy of the Resolution
in the office of the Dubuque County Recorder.
Passed, approved and adopted this 7th day
of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque Industrial Center Economic De-
velopment District: Proof of publication on no-
tice of public hearing to consider an amend-
ment to the Dubuque Industrial Center Eco-
nomic Development District and City Manager
recommending approval.
Long Range Planning Advisory Commis-
sion recommending approval of the amended
and restated Urban Renewal Plan for the
Dubuque Industrial Center Economic Devel-
opment District.
Motion by Connors to receive and file the
documents and adopt Resolution No. 87 -11
Approving the Amended and Restated Urban
Renewal Plan for the Dubuque Industrial Cen-
ter Economic Development District. Seconded
by Jones. Motion carried 6 -0.
RESOLUTION NO. 87 -11
APPROVING THE AMENDED AND RE-
STATED URBAN RENEWAL PLAN FOR
THE DUBUQUE INDUSTRIAL CENTER
ECONOMIC DEVELOPMENT DISTRICT.
Whereas, on January 18, 2011 the City
Council of the City of Dubuque, Iowa set a
public hearing to approve an Amended and
Restated Urban Renewal Plan (the "Plan') for
the Dubuque Industrial Center Economic De-
velopment District (the "District "); and
Whereas, the City of Dubuque's primary
objective in amending this Plan is to add a
Subarea E, commonly known as the South
Siegert Farm; and
Whereas, the Long Range Planning Com-
mission has reviewed the proposed Plan and
has found that said document is consistent
with the Comprehensive Plan for the develop-
ment of the City of Dubuque as a whole and
has transmitted its findings to the City Council;
and
Whereas, a consultation process has been
undertaken with affected taxing entities in ac-
cordance with Chapter 403 of the Code of Io-
wa with no written objections or recommended
changes to the Plan received; and
Whereas, the County of Dubuque ap-
proved an agreement with the City to allow for
land in the County to be included in a City Ur-
ban Renewal District; and
Whereas, the City Council, in accordance
with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed amend-
ed and restated Plan after public notice there-
of.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated
Urban Renewal Plan for the Dubuque Industri-
al Center Economic Development District, on
file in the City Clerk's Office and made refer-
ence to herein and the addition of Subarea E,
be approved.
Section 2. That the City Clerk of the City of
Dubuque, Iowa, is hereby authorized and di-
Book 141 Special & Regular Sessions, March 7, 2011 97
rected to file a certified copy of the Resolution
in the office of the Dubuque County Recorder.
Passed, approved and adopted this 7th day
of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fire Hydrant Painting Project: Proof of pub-
lication on notice of public hearing to consider
the plans and specifications, form of contract
and estimated cost for Phase I of the Fire Hy-
drant Painting Program and City Manager rec-
ommending approval. Motion by Jones to re-
ceive and file the documents and adopt Reso-
lution No. 88 -11 Approval of the plans and
specifications, form of contract, and estimated
cost for the Fire Hydrant Painting Project. Se-
conded by Braig. Motion carried 6 -0.
RESOLUTION NO. 88 -11
CITY OF DUBUQUE, IOWA, WATER DE-
PARTMENT FIRE HYDRANT PAINTING
PROJECT
APPROVAL OF SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATED COST
FOR PHASE I OF THE FIRE HYDRANT
PAINTING PROJECT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed specifications and form
of contract filed with the City Clerk and esti-
mated cost for Phase I of the Fire Hydrant
Painting Project, in the estimated amount of
$90,000, are hereby approved.
Passed, adopted and approved this 7th day
of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
Dubuque Initiatives: Bill Callahan, Dubu-
que Initiatives Board President, to provide a
presentation on the Roshek Project. Motion by
Connors to receive and file the information.
Seconded by Braig. Mr. Callahan provided a
verbal report regarding the Roshek Project
stating that the project was on track, there
remains 60,000 sq. ft. of space available for
lease, and that the project has received sever-
al awards including the LEED Gold certifica-
tion. Heather Deininger of Honkamp Krueger
Co. reviewed financial sources, uses, costs
and fees related to the project. Motion carried
6 -0.
Rose of Dubuque Project: City Manager
recommending approval of a letter of support
and the IFA form committing to a local financial
commitment of $19,355 per year for ten years
through the utilization of Tax Increment Fi-
nancing for the Rose of Dubuque Project. Mo-
tion by Jones to receive and file the docu-
ments and approve the recommendation. Se-
conded by Connors. Braig asked that wording
related to the City's green initiatives be incor-
porated into the development agreement. Mo-
tion carried 6 -0.
Site Selection for the Intermodal Transpor-
tation Center: City Manager recommending
approval of the selection of the Historic Mill-
work District for the Intermodal Transportation
Facility. Motion by Connors to receive and file
the documents and approve the recommenda-
tion. Seconded by Jones. Responding to ques-
tions from City Council, Julie Neeble of IIW
Engineers stated that the site investigations
were completed in order to narrow down the
site selection and then addressed the issue of
train noise within the HMD. Van Milligen ex-
plained the process behind selecting the HMD
site over the Port of Dubuque site. Motion car-
ried 6 -0.
Intermodal Transportation Center — Issu-
ance of a Request for Proposals for Design
Services: City Manager recommending ap-
proval of the issuance of a Request for Pro-
posals for design services for the Intermodal
Transportation Center. Motion by Braig to re-
ceive and file the documents and approve the
recommendation. Seconded by Jones. Motion
carried 6 -0.
Safe Community Task Force: Juvenile Cur-
few Recommendation: City Manager recom-
mending adoption of a Parental Responsibility
Ordinance (PRO) as opposed to a curfew or-
dinance as originally recommended by the
Safe Community Task Force. Motion by Con-
nors 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. Responding to questions from City
Council, Assistant City Attorney Crenna
Brumwell addressed the availability of recog-
nized parental courses and the ability to pay
fines vs. community service options. Council
expressed concerns over the pres-
ence /absence of caring adults for juveniles
and the financial impact and schedule burden
on single parents. City Attorney Lindahl stated
that the City would have to satisfy the burden
of proof that the parent failed to exercise rea-
sonable control. Motion failed 3 -3 with Res-
nick, Braig, and Jones voting nay.
Motion by Connors to receive and file the
98 Special & Regular Sessions, March 7, 2011 Book 141
documents and consider the first reading of a
proposed ordinance amending City Of Dubu-
que Code Of Ordinances Title 7 Police, Fire,
and Public Safety, Chapter 5 Offenses, by
adopting a new Article D Parental Responsibil-
ity requiring the parent of a minor to exercise
reasonable control over the minor and estab-
lishing penalties for a violation thereof. Se-
conded by Jones. Motion carried 5 -1 with
Braig voting nay.
Safe Community Task Force Recommen-
dation: Evicting Problem Tenants for Cause:
City Manager recommending approval of two
additions to the public nuisance ordinance to
adopt a clear and present danger standard
and disorderly house provision. Motion by
Connors to receive and file the documents and
that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Jones. Motion carried 6-
0.
Motion by Jones for final consideration and
passage of Ordinance No. 17 -11 Amending
City of Dubuque Code of Ordinances Title 6
Health, Housing, Sanitation, and Environment,
Chapter 4 Nuisances, Section 6 -4 -3 Public
Nuisance Defined; Public Nuisances Enumer-
ated by adding a provision prohibiting the crea-
tion of a clear and present danger to others
and maintaining a disorderly house. Seconded
by Braig. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 17 -11
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 6 HEALTH, HOUSING,
SANITATION, AND ENVIRONMENT, CHAP-
TER 4 NUISANCES, SECTION 6-4-3 PUBLIC
NUISANCE DEFINED; PUBLIC NUISANCES
ENUMERATED BY ADDING A PROVISION
PROHIBITING THE CREATION OF A CLEAR
AND PRESENT DANGER TO OTHERS AND
MAINTAINING A DISORDERLY HOUSE
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6 -4 -3 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
6 -4 -3: PUBLIC NUISANCE DEFINED;
PUBLIC NUISANCES ENUMERATED:
Whatever is injurious to the public
health or safety or an obstruction to the
free use of property so as to interfere with
the comfortable enjoyment of life or proper-
ty by the public is deemed a "public nui-
sance." A "public nuisance" includes, but is
not limited to, the following:
O. Clear and Present Danger to
Others: A clear and present danger to
the health or safety of others on or
within one thousand feet (1000') of a
property includes, but is not limited to,
the following activities of any person
on the premises with the consent of
the property owner, resident, or oc-
cupant:
1. Physical assault or the
threat of physical assault.
2. Illegal use of a firearm or
other weapon, the threat to use a
firearm or other weapon illegally,
or possession of an illegal fire-
arm.
3. Possession of a controlled
substance unless the controlled
substance was obtained directly
from or pursuant to a valid pre-
scription or order by a licensed
medical practitioner while acting
in the course of the practitioner's
professional practice. This para-
graph applies to any other per-
son on the premises with the
consent of the tenant, but only if
the tenant knew of the posses-
sion by the other person of a
controlled substance.
4. The above will not apply to
a property owner, resident, or
occupant if the activities, as de-
scribed in 1, 2, and 3 above, are
caused by a person on the prem-
ises who does not reside at the
premises and the property own-
er, resident, or occupant takes at
least one (1) of the following
measures against the person
conducting the activities:
a. The property
owner, resident, or oc-
cupant seeks a protec-
tive order, restraining
order, order to vacate
the homestead, or other
similar relief pursuant to
Iowa Code, Chapter
236, 598, 664A, or 915,
or any other applicable
provision which would
apply to the person
conducting the activities
causing the clear and
present danger.
b. The property
owner, resident, or oc-
cupant reports the activ-
ities causing the clear
and present danger to a
law enforcement agen-
Book 141 Special & Regular Sessions, March 7, 2011 99
cy or the county attor-
ney in an effort to initi-
ate a criminal action
against the person con-
ducting the activities.
c. The property
owner, resident, or oc-
cupant writes a letter to
the person conducting
the activities causing
the clear and present
danger, telling the per-
son not to return to the
premises and that a re-
turn to the premises
may result in a trespass
or other action against
the person, and the
tenant sends a copy of
the letter to a law en-
forcement agency
whose jurisdiction in-
cludes the premises. If
the tenant has previous-
ly written a letter to the
person as provided in
this paragraph, without
taking an action speci-
fied in paragraph "a" or
"b" or filing a trespass
or other action, and the
person to whom the let-
ter was sent conducts
further activities causing
a clear and present
danger, the tenant must
take one (1) of the ac-
tions specified in para-
graph "a" or "b" to be
exempt from proceed-
ings pursuant to sub-
section 1.
d. However, in order
to fall within the exemp-
tions provided within
this subsection, the
property owner, tenant,
or occupant must pro-
vide written proof to the
City of Dubuque, prior
to the commencement
of a suit against the
property owner, resi-
dent, or occupant, that
the property owner, res-
ident, or occupant has
taken one (1) of the
measures specified in
paragraphs "a" through
"c
P. Disorderly House.
1. Disorderly house means a
building, dwelling, establishment,
curtilage, premises, or place
where prohibited conduct occurs.
2. Prohibited conduct means
activities in violation of statutes
or ordinances relating to any of
the following:
a. Illegal gambling.
b. Prostitution, pandering,
pimping, or indecent conduct.
c. Sale or possession of
controlled substances, unless
the controlled substance was
obtained directly from or pur-
suant to a valid prescription
or order by a licensed medi-
cal practitioner while acting in
the course of the practition-
er's professional practice.
d. Unlawful liquor sales.
e. Unauthorized delivery
or manufacture of a con-
trolled substance.
f. Bootlegging.
g. Physical assault.
h. Threat of physical as-
sault.
i. Illegal use and /or pos-
session of firearms or other
weapons.
j. The threat to use a fire-
arm or weapon illegally.
k. Excessive noise.
I. Loitering.
m. Disorderly conduct.
n. Possession of Alcohol
Under the Legal Age (PAU-
LA) by property owner, ten-
ant, or occupant.
o. Possession of drug
paraphernalia.
p. Public intoxication.
q. Aiding and Abetting.
Section 2. This Ordinance takes effect up-
on publication.
Passed, approved and adopted the 7th day
of March, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Jeanne F. Schneider, CMC, City
Clerk
Published officially in the Telegraph Herald the
11th day of March, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
AARP / Cities of Service Grant: City Man-
ager recommending execution of an agree-
ment for an AARP /Cities of Service Grant.
Motion by Connors to receive and file the doc-
uments and approve the recommendation.
Seconded by Jones. Motion carried 6 -0.
100 Special & Regular Sessions, March 7, 2011 Book 141
Urban Youth Corps Grant Application: City
Manager recommending approval of an Iowa
Department of Transportation Urban Youth
Corps Grant Application. Motion by Braig to
receive and file the documents and approve
the recommendation. Seconded by Jones.
Motion carried 6 -0.
Green Iowa AmeriCorps Team: City Man-
ager recommending approval of a site agree-
ment and commitment of $13,536.40 in City
cash match in order to host a Green Iowa
AmeriCorps team in Dubuque in 2011. Motion
by Jones to receive and file the documents
and approve the recommendation. Seconded
by Resnick. Motion carried 6 -0.
Addition of Parking Meters in Meter Dis-
trict: City Manager recommending approval of
the addition of parking meters in the 800 block
of Main Street, on 8th Street between Iowa and
Locust, and on 7th Street on the north side
between Locust Street and Bluff Street. Motion
by Jones to receive and file the documents
and that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Braig. Motion carried 6-
0.
Motion by Jones for final consideration and
passage of Ordinance No. 18 -11 Amending
City of Dubuque Code of Ordinances Title 9
Motor Vehicle and Traffic, Chapter 14 Parking,
Section 9 -14- 321 -666 by adding 7th Street
north side from alley to Bluff Street, sections of
8th Street from Iowa Street to Bluff Street and
sections of Main Street from 8th Street to 9th
Street to the meter district; and Ordinance No.
19 -11 Amending City of Dubuque Code of
Ordinances Title 9 Motor Vehicle and Traffic,
Chapter 14 Parking, Section 9 -14- 321 -602
Parking Violations; by changing no parking
areas on 7th Street between Locust Street and
Bluff Street; 8th Street between Iowa Street
and Locust Street; 9th Street between Main
Street and Locust Street and Main Street be-
tween 8th Street and 9th Street. Seconded by
Braig. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 18 -11
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 9 MOTOR VEHICLE
AND TRAFFIC, CHAPTER 14 PARKING,
SECTION 9 -14- 321 -666 BY ADDING 7TH
STREET NORTH SIDE FROM ALLEY TO
BLUFF STREET, SECTIONS OF 8TH STREET
FROM IOWA STREET TO BLUFF STREET
AND SECTIONS OF MAIN STREET FROM
8TH STREET TO 9TH STREET TO THE ME-
TER DISTRICT
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
9 -14- 321.666: MUNICIPAL PARKING ME-
TER DISTRICT ESTABLISHED:
There is hereby established a munici-
pal parking meter district to be comprised
of streets and /or portions thereof as fol-
lows:
East -west streets:
1st Street, both sides, between
Locust Street and extending to the
connector east of Main Street.
2nd Street, both sides, between
the connector east of Main Street
and Locust Street.
3rd Street, both sides, between
Locust Street and Bluff Street.
4th Street, both sides, from
Central Avenue to Locust Street.
4th Street, north side, between
Locust Street and Bluff Street.
4th Street, south side, between
Locust Street and Bluff Street,
months of December through
March only.
5th Street, both sides, between
White Street and Bluff Street.
5th Street, north side, from Bluff
Street to a point one hundred ninety
six feet (196') west of Bluff Street.
6th Street, both sides, between
White Street and Central Avenue.
6th Street, both sides, from Lo-
cust Street to Bluff Street.
7th Street, North side from the
alley west to Bluff, between Locust
Street and Bluff Street.
7th Street, both sides, between
White Street and Iowa Street.
8th Street, both sides, between
Locust Street and Hill Street.
8th Street, both sides, between
Locust Street and Main Street.
8th Street, both sides, between
Main Street and Iowa Street, except
where posted "No Parking"
8th Street, both sides, between
White Street and Central Avenue.
9th Street, both sides, between
White Street and Central Avenue.
9th Street, north side, from Iowa
Street to Locust Street.
9th Street, south side, between
Iowa Street and the alley west of
Iowa Street.
9th Street, south side, between
Locust Street and Bluff Street.
9th Street, south side, between
Locust Street and Main Street.
10th Street north side, between
White Street and Locust Street.
Book 141 Special & Regular Sessions, March 7, 2011 101
10th Street, south side, between
Iowa Street and Locust Street.
10th Street, south side, between
White Street and Central Avenue.
11th Street, both sides, between
White Street and Bluff Street.
11th Street, south side, between
White Street and Washington
Street.
12th Street, both sides, between
Central Avenue and Bluff Street.
12th Street, both sides, between
Main Street and Bluff Street.
13th Street, both sides, between
White Street and Locust Street.
15th Street, both sides, between
White Street and the alley east of
Iowa Street.
15th Street, south side, between
Iowa Street and the alley west of
Central Avenue.
16th Street, both sides, between
the alley east of Central Avenue
and the alley west of Central Ave-
nue.
17th Street, south side, between
the alley east of Central Avenue
and the alley west of Central Ave-
nue.
18th Street, south side, between
Central Avenue and the alley east
of Central Avenue.
North -south streets:
Bluff Street, both sides, between
3rd Street and 8th Street.
Bluff Street, both sides, between
10th Street and 12th Street.
Bluff Street, west side, between
8th Street and 9th Street.
Central Avenue, both sides, be-
tween 4th Street and 19th Street.
Iowa Street, both sides, be-
tween 4th Street and Loras Boule-
vard.
Iowa Street, west side of medi-
an, between 5th Street and 9th
Street.
Locust Street, both sides, be-
tween 1st Street and Loras Boule-
vard.
Main Street, both sides, be-
tween 1st Street and 5th Street.
Main Street, both sides, be-
tween 9th Street and Loras Boule-
vard.
Main Street, both sides, from 1st
Street to a point two hundred twen-
ty feet (220') south of 1st Street.
Main Street, both sides, from
5th Street to 8th Street.
Main Street, both sides, be-
tween 8th Street and 10th Street,
except where posted "NO PARK -
ING ".
White Street, west side, be-
tween 11th Street and 13th Street.
White Street, west side, be-
tween 13th Street and 14th Street.
White Street, west side, be-
tween East 14th Street and East
15th Street.
1st to 2nd Street connector,
east of Main Street, east side, be-
tween 1st and 2nd. (Ord. 44 -08, 6-
16 -2008; amd. Ord. 73 -08, 11 -3-
2008)
This ordinance shall take effect upon publi-
cation.
Passed, approved and adopted the 7th day
of March, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Jeanne F. Schneider, CMC, City
Clerk
Published officially in the Telegraph Herald
Newspaper the 9th day of March, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 19 -11
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 9 MOTOR VEHICLE
AND TRAFFIC, CHAPTER 14 PARKING,
SECTION 9 -14- 321 -602 PARKING VIOLA-
TIONS; BY CHANGING NO PARKING ARE-
AS ON 7TH STREET BETWEEN LOCUST
STREET AND BLUFF STREET; 8TH STREET
BETWEEN IOWA STREET AND LOCUST
STREET; 9TH STREET BETWEEN MAIN
STREET AND LOCUST STREET AND MAIN
STREET BETWEEN 8TH STREET AND 9TH
STREET
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9 -14- 321 -602 of the
City of Dubuque Code of Ordinances is
amended to read as follows:
9 -14- 321.602: PARKING PROHIBITED
ON DESIGNATED STREETS OR POR-
TIONS THEREOF:
A. Where Posted; Exception: It shall
be unlawful for any person to park a motor
vehicle on those streets or portions there-
of designated from time to time as areas
where parking is prohibited, whether at all
times, between certain hours, for longer
than specified times between certain
hours, or for longer than specified times,
in violation of such regulations when signs
have been posted in such areas giving no-
tice of such regulations, except for those
vehicles displaying a valid parking sticker
permit as defined in section 9 -14- 321.669
of this chapter parked in a designated two
102 Special & Regular Sessions, March 7, 2011 Book 141
(2) hour parking time zone.
B. Vehicles Not Moved Deemed Sta-
tionary: For the purpose of such regula-
tions, any vehicle not moved out of the
block during specified and designated
parking periods shall be deemed to have
remained stationary. Those vehicles dis-
playing a valid parking sticker shall be ex-
empt from this provision.
C. Time Zones Designated: When
signs are erected giving notice thereof, no
person shall park a vehicle for a period of
time longer than hereinafter indicated be-
tween the hours of nine o'clock (9:00)
A.M. and six o'clock (6:00) P.M. on any
day except Sundays and public holidays
upon the streets or parts of streets as fol-
lows:
Two hour time zones:
Bluff Street, west side, from Em-
mett Street to West 3rd Street.
Central Avenue, east side, from
East 19th Street to East 24th Street.
Central Avenue, west side, from
East 18th Street to East 22nd Street.
Clarke Drive, south side, from St.
Ambrose Street to the west property
line of 2044 Clarke Drive.
Delhi Street, north side, from
North Grandview Avenue to a point
two hundred fifty feet (250') east of
Stewart Street.
Jackson Street, west side, from
one hundred forty feet (140') north of
East 10th Street to East 11th Street;
east side, from Milwaukee Street to
Ruby Street; both sides, from East
9th Street to East 10th Street and
from East 11th Street to East 12th
Street.
James Street, east side, from
Mazzuchelli Heights to West 3rd
Street.
Locust Street, west side, from Lo-
ras Boulevard to West 15th Street.
Roosevelt Street Extension, north
side, from Kerper Boulevard to Kil-
gore Street, and south side, from
Kerper Boulevard to a point three
hundred seventy five feet (375') east
of Kerper Boulevard.
University Avenue, both sides,
from Nevada Street to a point one
hundred feet (100') west of Booth
Street.
University Avenue, north side,
from Algona Street to Loras Boule-
vard.
University Avenue, south side,
from Alpine Street to Nevada Street.
White Street, both sides, from
East 9th Street to East 11th Street.
White Street, both sides, from
East 15th Street to East 16th Street.
White Street, east side, from East
14th Street to East 15th Street.
4th Street, West, from a point fifty
feet (50') east of the westerly termi-
nus to Bluff Street.
5th Street, West, north side, from
Prospect Street to a point one hun-
dred ninety six feet (196') west of
Prospect Street.
9th Street, East, north side, from
White Street to Jackson Street.
9th Street, East, south side, from
Jackson Street to Washington Street.
10th Street, East, both sides, from
Jackson Street to White Street.
12th Street, East, both sides, from
White Street to the alley west of
Jackson Street; south side, from
Jackson Street to the alley east of
White Street.
13th Street, East, north side, from
Elm Street to the alley east of Wash-
ington Street.
16th Street, East, both sides, from
Pine Street to Maple Street; south
side, from Cedar Street to Sycamore
Street.
18th Street, East, both sides, from
Central Avenue to White Street. (Ord.
44 -08, 6 -16 -2008)
D. No Parking At Any Time Zones
Designated: When signs are erected giv-
ing notice thereof, no person shall, at any
time, park a vehicle upon any of the fol-
lowing described streets or parts of
streets:
Alley, both sides, between Central
Avenue and White Street from 7th
Street to 8th Street.
Alley, both sides, between West
5th Street and University Avenue
from Nevada Street to Alpine Street.
Adams Street, both sides, from
Ice Harbor Drive to 5th Street.
Admiral Sheehy Drive, both sides,
from U.S. Highway 61/151 to its ter-
minus.
Air Hill Street, west side, from
University Avenue to 8th Avenue.
Airport Road, from U.S. Highway
61 to its westerly terminus.
Algona Street, both sides, from
University Avenue to Bennett Street;
west side, from University Avenue to
Loras Boulevard.
Alpine Street, west side, from
West 5th Street to University Avenue.
Althauser Street, west side, from
Merz Street to Eagle Street.
Angella Street, west side, from
Book 141 Special & Regular Sessions, March 7, 2011 103
West Locust to a point abutting 503
Angella Street.
Arlington Street, south side, from
Grove Terrace to Prairie Street.
Asbury Road, both sides, from
John F. Kennedy Road to the wester-
ly city limits; north side, from St. Am-
brose Street to Bunker Hill Drive and
from Clarke Drive to Woodlawn
Street; south side, from John F. Ken-
nedy Road to a point one hundred ten
feet (110') east of Crissy Drive.
Avon Street, south side.
Bell Street, both sides, from 5th
Street to its southerly terminus.
Bell Street, both sides, from its
southerly terminus to a point two
hundred fifty feet (250') north thereof.
Bennett Street, south side, from
Grandview Avenue to McCormick
Street.
Bluff Street, east side, from
Dodge Street to a point one hundred
thirty feet (130') north of Dodge
Street, and from West 7th Street to a
point one hundred eighty feet (180')
south of 8th Street; west side, 5th
Street to a point eighty feet (80')
south of 6th Street.
Booth Street, east side, from Uni-
versity Avenue to West 5th Street.
Broadway Street, north side, from
Diagonal Street to Putnam Street.
Burch Street, west side, from Hill
Street to West 3rd Street.
Caledonia Street, east side from
Hill Street to 8th Avenue.
Catherine Street, west side, from
West 16th Street to West 17th Street.
Cedar Cross Road, both sides,
from U.S. Highway 20 to a point one
hundred feet (100') west of Cedar
Cross Court and from North Cascade
Road to a point two hundred seventy
five feet (275') north of North Cas-
cade Road.
Central Avenue, west side, from
11th Street to 10th Street.
Charter Street, both sides, from
South Locust Street to Harrison
Street.
Chavenelle Road, both sides,
from Associates Drive to its westerly
terminus, and from Seippel Road to
its easterly terminus.
Clarke Drive, north side, from
Heeb Street to Harold Street, and
from St. Ambrose Street to Asbury
Road; south side, from North
Grandview Avenue to West Locust
Street.
College Street, east side, from
West 3rd Street to West 5th Street.
Cornell Street, both sides, from
the north line of Loras Boulevard nor-
therly for a distance of one hundred
seventy feet (170').
Cox Street, west side, from Kirk-
wood Street to Loras Boulevard; east
side from Loras Boulevard to Chest-
nut Street.
Davis Street, both sides, from a
point six hundred thirty feet (630')
east of Windsor Avenue to the en-
trance of Mount Calvary Cemetery.
Daykin Road, both sides, from
John F. Kennedy Road to its westerly
terminus.
Delhi Street, south side, from a
point one hundred sixty five feet
(165') west of West 5th Street to
Grandview Avenue.
Dell Street, east side, from Arling-
ton Street to a point fifty feet (50')
south of Loras Boulevard.
Dodge Street, both sides, from
Locust Street to the westerly limits.
Dorgan Place, south and west
sides, from Ellis Street to 17th Street;
east side, from 17th Street to a point
approximately two hundred ten feet
(210') north of 17th Street.
Edina Street, south side, from Alta
Vista Street to the alley immediately
west thereof.
Edison Street, south side, from
Stafford Avenue to Althauser Street.
Elm Street, east side, from East
19th Street to East 20th Street; east
side, from East 20th Street to East
26th Street; west side, from East 24th
Street to East 26th Street.
Elm Street connector, both sides,
from 11th Street to 12th Street.
Emmett Street, north side, from
Bluff Street to St. Marys Street.
Farley Street, west side, from
Rhomberg Avenue to High Bluff
Street; east side from Rhomberg Av-
enue to Garfield Avenue.
Foothill Road, south side, from
John F. Kennedy Road to Pasadena
Drive.
Forest Lane, north side, from Ne-
vada Street to Delhi Street.
Foye Street, east side, from West
Locust Street to Napier Street.
Fremont Avenue, both sides, from
North Cascade Road to a point four
hundred fifty feet (450') east of North
Cascade Road and from a point five
hundred seventy five feet (575') north
of the Fremont Avenue Bridge to a
point five hundred fifty feet (550')
104 Special & Regular Sessions, March 7, 2011 Book 141
south of the Fremont Avenue Bridge.
Frontage Road, south side of
Highway 20, both sides, from Wacker
Drive to Cedar Cross Road.
Grace Street, north side, from
McCormick Street to North
Grandview Avenue.
Grandview Avenue, North, north
side, from Audubon Street to
Rosedale Street and from a point ap-
proximately three hundred feet (300')
west of Algona Street to Clarke Drive;
both sides, from Kaufmann Avenue to
a point approximately eight hundred
feet (800') south of Kaufmann Ave-
nue.
Greyhound Park Drive, both
sides, from U.S. Highway 61/151 to
its terminus.
Grove Terrace, east side, from
West 11th Street to Arlington Street.
Hamilton Street extension, both
sides, from Kilgore Street to Kerper
Boulevard.
Harrison Street, west side, from
Railroad Avenue to its northerly ter-
minus.
Henion Street, west side, from Lo-
ras Boulevard to Pickett Street.
Highland Place, east side, from
West 11th Street to Arlington Street.
Highway 61, both sides, from
Kerper Boulevard to the easterly cor-
porate limits.
Hill Street, both sides, from
Dodge Street to Wooten Street and
east side, from Wooten Street to
West 3rd Street.
Hill Street, South, west side and
north side, from South Grandview
Avenue to Curtis Street.
Hillcrest Road, south side, from
Asbury Road to St. John Drive; north
side, from John F. Kennedy Road to
a point nine hundred fifty feet (950')
west.
Hillcrest Road, North, both sides,
from John F. Kennedy Road to Pasa-
dena Drive.
Ice Harbor Drive, both sides, from
1st Street to 5th Street.
Ida Street, east side, from Grace
Street to Delhi Street.
Irving Street, west side, from Uni-
versity Avenue to Decorah Street.
Jackson Street, both sides, from
East 6th Street to East 9th Street and
from East 10th Street to a point one
hundred forty feet (140') south of East
11th Street; east side, from Ruby
Street to Aquin Street.
Jefferson Street, south side, from
Walnut Street to Olive Street.
John F. Kennedy Road, both
sides, from University Avenue to a
point two hundred thirty feet (230')
north of Spring Valley Road and from
a point three hundred sixty feet (360')
south of the Northwest Arterial to its
northerly terminus.
Jones Street, north side, from
Water Street to the Illinois Central
Railroad right of way.
Kane Street, north side, from Ken
Court to Carter Road; south side,
from a point one hundred forty feet
(140') east of Katrina Circle to a point
one hundred forty feet (140') west of
Katrina Circle.
Kaufman Avenue, both sides,
from Central Avenue to Francis
Street; north side, from Francis Street
to Valeria Street.
Kelly Lane, south side, from
Fremont Avenue to Old Mill Road.
Kerper Boulevard, both sides,
from Pine Street to Hawthorne Street.
Key Way Drive, north side, from
John F. Kennedy Road to Woodland
Drive.
Key West Drive, both sides, from
Maquoketa Drive to the southerly city
limits.
Kilgore Street, east side, from
Roosevelt Street extension to Hamil-
ton Street extension.
Lawndale Street, east side, from
Park Street to the northerly terminus
of Lawndale Street.
Lincoln Avenue, south side, from
Elm Street to Kniest Street.
Locust Street, west side, from
West 2nd Street to West 3rd Street.
Locust Street, east side, from
Dodge Street to Jones Street.
Loras Boulevard, both sides, from
Central Avenue to Bluff Street; north
side, from Henion Street to the alley
west of Alta Vista Street, and from
Adair Street to North Grandview Ave-
nue; south side, from Prairie Street to
Walnut Street.
Madison Hill, east side, from West
17th Street to Clarke Drive.
Main Street, west side, from West
4th Street to a point one hundred
twenty feet (120') south of West 5th
Street.
McCormick Street, west side,
from Bennett Street to University Av-
enue.
Merz Street, south side, from
Windsor Avenue to Althauser Street.
Montrose Terrace, both sides,
Book 141 Special & Regular Sessions, March 7, 2011 105
from Loras Boulevard to a point one
hundred seventy feet (170') north of
Loras Boulevard.
Mount Loretta Street, north side,
from Valley Street to Bryant Street.
Nevada Street, east side, from
University Avenue to Martha Street.
Nightingale Lane, both sides, from
Cedar Cross Road south and south-
westerly to a point approximately one
hundred fifty feet (150') east of its
westerly terminus; north side, one
hundred fifty feet (150') east from its
westerly terminus.
North Westbrook Drive, south and
west sides, from Seippel Road to
Trails Edge Drive.
Northwest Arterial, both sides,
from U.S. Highway 20 to the northerly
corporate limits.
O'Hagen Street, east side, from
Mineral Street to University Avenue.
Old Mill Road, south side, from
Kelly Lane to Catfish Creek Bridge;
both sides from Catfish Creek Bridge
to Rockdale Road.
Overview Court, south side, from
South Grandview Avenue to its west-
erly terminus.
Park Street, both sides, from Mt.
Pleasant to Lawndale Street.
Pebble Creek Drive, east side,
from North Westbrook Drive to South
Westbrook Drive.
Pennsylvania Avenue, both sides,
from John F. Kennedy Road to the
westerly city limits; north side, from
University Avenue to John F. Kenne-
dy Road.
Peru Road, both sides, from its
southerly terminus at 32nd Street to
the northerly city limits.
Pickett Street, south side, from
Cornell Street to Henion Street.
Pinard Street, west side, from
East 29th Street to the northerly ter-
minus of Pinard Street.
Prairie Street, east side, from Lo-
ras Boulevard to West 11th Street.
Race Street, west side, from West
11th Street to Rose Street.
Radford Road, both sides, from
Chavenelle Road to the northerly city
limits.
Raven Oaks Drive, both sides,
from John F. Kennedy Road to its
easterly terminus.
Rhomberg Avenue, southeasterly
side, from Elm Street to Kniest Street
and the northwesterly side from Elm
Street to a point two hundred eighty
feet (280') northeast of Elm Street.
Rockdale Road, both sides, from
South Grandview Avenue to a point
one hundred seventy five feet (175')
south of Kehl Court.
Rosedale Avenue, south side,
from St. Ambrose Street to the alley
easterly thereof; north side from St.
Ambrose to a point two hundred
eighty feet (280') east thereof.
Saint Mary's Street, east side,
from Emmett Street to West 3rd
Street.
Saunders Street, northwest side,
one hundred feet (100') southwest
from Lemon Street.
Shelby Street, east side, from
Clarke Drive to its northerly terminus.
South Westbrook Drive, north and
west sides, from Seippel Road to
Trails Edge Drive.
Southern Avenue, both sides,
from Iowa 946 to Valley Street; south
side, from Valley Street to a point one
hundred thirty feet (130') east of
Samuel Street; north side, from Val-
ley Street to a point one hundred fif-
teen feet (115') west of Valley Street.
Southpark Court, both sides, from
Twin Valley Drive to its terminus.
Spring Valley Road, north side,
from Olde Country Lane to Fox Hol-
low Road.
Summit Street, west side, from
West 3rd Street to West 5th Street.
Sumner Street, east side, from
Lincoln Avenue to Rhomberg Ave-
nue.
Sycamore Street, both sides, from
14th Street to 16th Street.
Thiesen Street, south side, from
Jenni Street to Stetmore Street.
Thomas Place, both sides, from
Stafford Street to Ascension Street.
Trails Edge Drive, south side,
from Pebble Creek Drive to South
Westbrook Drive.
U.S. 61/151, northbound off ramp
connection, both sides, from 9th
Street to 11th Street.
U.S. 61/151, northbound on ramp
connection, both sides, from 9th
Street to 11th Street.
U.S. 61/151, southbound on ramp
connection, both sides, from 11th
Street to 9th Street.
Ungs Street, north side, from
Clarke Drive to Hoyt Street.
University Avenue, both sides,
from Pennsylvania Avenue to Loras
Boulevard; south side, from Gilliam
Street to Pennsylvania Avenue and
from Loras Boulevard to a point one
106 Special & Regular Sessions, March 7, 2011 Book 141
hundred two feet (102') east to Au-
burn Street.
Valley Street extension, both
sides, from Southern Avenue to Rail-
road Avenue.
Vernon Street, north side, from Al-
ta Vista Street to the alley immediate-
ly west thereof.
Wacker Drive, both sides, from
John F. Kennedy Road to Center
Grove Drive.
Walnut Street, east side, from
University Avenue to Loras Boule-
vard.
Wartburg Place, both sides, from
Fremont Avenue to the entrance to
Wartburg Seminary Auditorium, and
from 385 Wartburg Place to the en-
trance to Sunset Ridge; east side,
from the entrance to Wartburg Semi-
nary Auditorium to 385 Wartburg
Place.
Washington Street, west side,
from East 20th Street to East 25th
Street.
White Street, both sides, from
East 4th Street to East 5th Street;
west side, from East 7th Street to
East 8th Street; east side, from East
25th Street to East 26th Street.
Wilbur Lane, south side, from Al-
ice Street to Grove Terrace.
Wilson Avenue, west side, from
West 8th Street to West 11th Street.
Woodland Drive, east side, from
Key Way Drive to a point one hun-
dred fifty feet (150') south of Key Way
Drive and from Foothill Road to a
point two hundred feet (200') north of
Foothill Road.
Wooten Street, south side, from
Hill Street to McClain Street; north
side, from McClain Street to a point
one hundred sixty five feet (165') east
thereof.
1st Street, West, both sides, from
Locust Street to Bluff Street.
1st to 2nd Street connector, east
of Main Street, west side, between
1st Street and 2nd Street.
2nd Street, West, both sides, from
Bluff Street to the alley immediately
east thereof.
3rd Street, both sides, from a
point one hundred feet (100') west of
Bluff Street to Bluff Street; and from
Main Street to Bell Street; south side,
from Burch Street to a point one hun-
dred feet (100') west of Bluff Street.
4th Street, East, both sides, from
White Street to Central Avenue.
5th Street, both sides, from White
Street to Adams Street; north side,
from Bell Street to and including the
cul -de -sac to the east.
5th Street, both sides, from White
Street to Bell Street.
5th Street, south side, from Bluff
Street to Hill Street; north side, from a
point one hundred ninety two feet
(192') west of Bluff Street to Prospect
Street and from Iowa Street to Main
Street; provided, however, it shall not
be unlawful to stop, but only in the
drop off areas provided, for the sole
purpose of and for the time necessary
to allow passengers to enter or exit a
vehicle and during which time the ve-
hicle shall not be unattended.
6th Street, south side, from Lo-
cust Street to the alley west of Main
Street; provided, however, it shall not
be unlawful to stop, but only in the
drop off areas provided, for the sole
purpose of and for the time necessary
to allow passengers to enter or exit a
vehicle and during which time the ve-
hicle shall not be unattended.
7th Street South Side from Bluff
Street to Locust Street
7th Street North Side from Locust
Street to the alley west of Locust
7th Street, East, both sides, from
Washington Street to a point two
hundred fifty feet (250') east of Wash-
ington Street.
7th Street, East, north side, from
White Street to Jackson Street.
8th Street, West, both sides, from
a point one hundred forty six feet
(146') west of the west property line
of University Avenue to a point two
hundred six feet (206') west of the
west property line of University Ave-
nue;, provided, however, it shall not
be unlawful to stop, but only in the
posted drop off areas provided, for
the sole purpose of and for the time
necessary to allow passengers to en-
ter or exit a vehicle and during which
time the driver of the vehicle must be
in the vehicle, vehicles shall not be
parked in these areas ; north side,
from Wilson Avenue to Roberts Ave-
nue; south side, from Central Avenue
to the alley immediately west thereof.
8th Street, West, from alley west
of Iowa Street to Iowa Street from five
o'clock (5:00) P.M. until eight o'clock
(8:00) A.M. Monday through Saturday
and twenty four (24) hours on Sunday
(non- metered times).
9th Street, West, both sides, from
University Avenue to Bluff Street;
Book 141 Special & Regular Sessions, March 7, 2011 107
north side, from Bluff Street to Locust
and Iowa Street to fire headquarters'
driveway; south side, from Main
Street to the alley west of Iowa Street
and from Iowa Street to Central Ave-
nue.
10th Street, West, both sides,
from Locust Street to Bluff Street;
south side, from Central Avenue to
Iowa Street.
11th Street, East, both sides, from
Elm Street to Kerper Boulevard.
11th Street, West, south side,
from Prairie Street to Race Street.
12th Street, West, north and east
sides, from Bluff Street to Grove Ter-
race; south side, from Bluff Street to a
point approximately one hundred six-
ty feet (160') west of Bluff Street.
14th Street, East, both sides, from
White Street to Central Avenue; north
side, from White Street to alley west
of Jackson Street.
15th Street, East, both sides, from
Sycamore Street to a point nine hun-
dred fifty feet (950') east of Sycamore
Street; south side, from Iowa to alley
east of Main Street.
16th Street, East, both sides, from
Sycamore Street to Kerper Boulevard
and from Cedar Street to Maple
Street; north side, from Elm Street to
Pine Street and from Maple Street to
Sycamore Street.
16th Street, West, south side,
from Montrose to Catherine Street.
17th Street, West, north side,
from West Locust Street to Clark
Street.
19th Street, East, south side, from
Elm Street to Pine Street.
20th Street, East, both sides, from
Central Avenue to Elm Street.
21st Street, East, both sides, from
Central Avenue to White Street; south
side, from Jackson Street to Elm
Street.
22nd Street, East, south side,
from Windsor Avenue to Stafford
Street; and Central Avenue to White
Street; north side, from Jackson
Street to Central Avenue.
23rd Street, West, north side,
from Central Avenue to a point one
hundred ninety feet (190') west of
Central Avenue, and south side, from
Central Avenue to Valeria Street.
24th Street, East, south side, from
Central Avenue to Washington Street.
24th Street, West, north side,
from Central Avenue to Broadway
Street.
30th Street, East, north side, from
Central Avenue to Jackson Street.
32nd Street, East, south side,
from Central Avenue to White Street;
both sides, from Jackson Street to a
point seven hundred feet (700') east
of Jackson Street.
32nd Street, West, south side,
from Central Avenue to a point one
hundred feet (100') west of Lemon
Street; north side, from Central Ave-
nue to Fink Street. (Ord. 44 -08, 6 -16-
2008; amd. Ord. 37 -10, 7 -6 -2010)
E. Fifteen Minute Parking: When signs
are erected giving notice thereof, no per-
son shall park a vehicle for a period of
time longer than fifteen (15) minutes upon
the streets or parts of streets as follows:
Rhomberg Avenue, east side,
from Kniest Street to a point one
hundred sixty eight feet (168') south
of Marshall Street.
White Street, east side, from East
7th Street to a point forty feet (40')
north of East 7th Street.
5th Street, West, north side, from
Bluff Street to a point eighty five feet
(85') east of Bluff Street.
F. No Parking Six O'clock A.M. To Six
O'clock P.M. Monday Through Saturday,
Except Holidays: When signs are erected
giving notice thereof, no person shall park
a vehicle between the hours of six o'clock
(6:00) A.M. to six o'clock (6:00) P.M.,
Monday through Saturday, except holi-
days, upon the following streets or parts of
streets:
Iowa Street, west side, from 6th
Street to 7th Street.
G. Two Hour Parking Nine O'clock
A.M. to Six O'clock P.M., Except Satur-
days, Sundays, And Public Holidays:
When signs are erected giving notice
thereof, no person shall park a vehicle be-
tween the hours of nine o'clock (9:00)
A.M. and six o'clock (6:00) P.M. on any
day except Saturdays, Sundays and pub-
lic holidays upon the following streets or
parts of streets as follows:
White Street, east side, from East
13th Street to East 14th Street.
14th Street, East, south side, from
Jackson Street to White Street; north
side, from Jackson Street to the alley
east of White Street.
H. No Parking Six O'clock A.M. to Six
O'clock P.M. Monday Through Friday:
When signs are erected giving notice
thereof, no person shall park a vehicle be-
tween the hours of six o'clock (6:00) A.M.
to six o'clock (6:00) P.M., Monday through
Friday upon the following streets:
108 Special & Regular Sessions, March 7, 2011 Book 141
15th Street, West, south side,
from Main Street to the alley west of
Iowa Street.
I. No Parking Five O'clock A.M. to Five
O'clock P.M. Monday Through Saturday,
Except Public Holidays: When signs are
erected giving notice thereof, no person
shall park a vehicle between the hours of
five o'clock (5:00) A.M. and five o'clock
(5:00) P.M., Monday through Saturday,
except public holidays, upon the following
streets or parts of streets as follows:
17th Street, south side, from a
point thirty feet (30') west of Central
Avenue to the alley east of Iowa
Street. (Ord. 44 -08, 6 -16 -2008)
This ordinance shall take effect upon publi-
cation.
Passed, approved and adopted this 7th day
of March, 2011.
/s /Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 11m day of March, 2011.
/s /Jeanne F. Schneider, CMC, City Clerk
Ordinance Change — Exempting Certain
Parking Restrictions in Meter District: City
Manager recommending approval of a Code of
Ordinance adjustment to exempt the Meter
District from the parking within ten feet of
crosswalk or traffic control device restriction,
as long as the markings required by the Ordi-
nance are properly placed. 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. Motion carried 6 -0.
Motion by Jones for final consideration and
passage of Ordinance No. 20 -11 Amending
City of Dubuque Code of Ordinances Title 9
Motor Vehicle and Traffic, Chapter 14 Parking,
Section 9 -14 -600. Parking Violations by
amending this section to exempt meter district
parking from parking within 10 feet of a cross-
walk or traffic control device. Seconded by
Braig. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 20 -11
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 9 MOTOR VEHICLE
AND TRAFFIC, CHAPTER 14 PARKING,
SECTION 9 -14 -600. PARKING VIOLATIONS;
BY AMENDING THIS SECTION TO EXEMPT
METER DISTRICT PARKING FROM PARK-
ING WITHIN 10 FEET OF CROSSWALK OR
TRAFFIC CONTROL DEVICE
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9 -14 -321 -600 of the City
of Dubuque Code of Ordinances is amended
to read as follows:
9 -14- 321.600: PROHIBITED IN SPEC-
IFIED PLACES:
No person shall stop, stand, or park a
vehicle, except when necessary to avoid
conflict with other traffic or in compliance
with the directions of a police officer or traf-
fic control device, in any of the following
places:
A. On a sidewalk.
B. In front of a public or private
driveway.
C. Within an intersection.
D. Within five feet (5') on either side
of the point on the curb nearest to a fire
hydrant.
E. Within ten feet (10') upon the ap-
proach to any flashing beacon, stop
sign, or traffic control signal located at
the side of the roadway; with the ex-
ception of parking spaces within the
designated parking meter district and
when such spaces are clearly marked
on the parking surface.
F. Within fifty feet (50') of the near-
est rail of a railroad crossing, except
when parked parallel with such rail and
not exhibiting a red light.
G. Within twenty feet (20') of the
driveway entrance to any fire station
and on the side of a street opposite the
entrance to any fire station within sev-
enty five feet (75') of said entrance
when properly signposted.
H. Alongside or opposite any street
excavation or obstruction when such
stopping, standing, or parking would
obstruct traffic.
I. On the roadway side of any vehi-
cle stopped or parked at the edge or
curb of street.
J. Opposite the entrance to a gar-
age or driveway in such a manner or
under such conditions as to leave
available less than twenty feet (20') of
the width of the roadway for the free
movement of vehicular traffic.
K. Upon any street or in any alley in
any part of the city in such a manner or
under such conditions as to leave
available less than ten feet (10') of the
width of the roadway of such street or
alley for the free movement of vehicular
traffic, except when necessary in obe-
dience to traffic regulations, traffic
signs, or signals of a police officer.
L. At any place where official signs
or curb markings prohibit stopping,
standing, or parking.
Book 141 Special & Regular Sessions, March 7, 2011 109
M. Within ten feet (10') of the
crosswalk, whether marked or not, at
all intersections within the city; with the
exception of parking spaces within the
designated parking meter district and
when such spaces are clearly marked
on the parking surface.
N. In an alley under any fire escape
at any time. (Ord. 44 -08, 6 -16 -2008)
This ordinance shall take effect upon publi-
cation.
Passed, approved and adopted the
of March, 2011.
in day
/s /Roy D. Buol, Mayor
Attest: /s /Jeanne F. Schneider, CMC, City
Clerk
Published officially in the Telegraph Herald
Newspaper the 9th day of March, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Fire Department — No Parking Amend-
ment: City Manager recommending approval
to reserve the parking area on Central Avenue
from 9th Street to the entrance of the new ramp
at 975 Central on the west side only for park-
ing of official Fire Department vehicles 7 days
per week, 24 hours per day. Motion by Con-
nors 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. Motion carried 6 -0.
Motion by Connors for final consideration
and passage of Ordinance No. 21 -11 Amend-
ing City of Dubuque Code of Ordinances Title
9 Motor Vehicle and Traffic, Chapter 14 Park-
ing, Section 9 -14- 321 -626 Parking Violations;
by adding an additional area on the west side
of Central Avenue from 9th Street to the en-
trance of the ramp located at 975 Central. Se-
conded by Braig. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 21 -11
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 9 MOTOR VEHICLE
AND TRAFFIC, CHAPTER 14 PARKING,
SECTION 9 -14- 321 -626 PARKING VIOLA-
TIONS; BY ADDING AN ADDITIONAL AREA
ON THE WEST SIDE OF CENTRAL AVENUE
FROM 9TH STREET TO THE ENTRANCE OF
THE RAMP LOCATED AT 975 CENTRAL.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9 -14- 321 -626 of the City
of Dubuque Code of Ordinances is amended
to read as follows:
9 -14- 321.626: RESERVED FIRE DE-
PARTMENT PARKING:
A. When appropriate signs have
been posted, that area located on the
north side of 9th Street between Cen-
tral Avenue and the driveway to fire
headquarters is set aside for the park-
ing of fire department vehicles.
B. When appropriate signs have
been posted, that area located on the
west side of Central Avenue between
9th Street and the entrance to the park-
ing ramp at 975 Central is set aside for
the parking of fire department vehicles
at all times.
C. It shall be unlawful for the opera-
tor of any vehicle to stop, stand, or park
within such area unless such vehicle is
clearly identified and marked as a vehi-
cle assigned to the fire department.
(Ord. 44 -08, 6 -16 -2008)
This ordinance shall take effect upon publi-
cation.
Passed, approved and adopted the 7th day
of March, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Jeanne F. Schneider, CMC, City
Clerk
Published officially in the Telegraph Herald
Newspaper the 9th day of March, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
City of Dubuque Civility Accord: Mayor
Buol submitting a proposed City of Dubuque
Civility Accord for City Council consideration.
Motion by Connors to receive and file the doc-
ument and approve. Seconded by Jones.
Mayor Buol read the Civility Accord into the
Record. Motion carried 6 -0.
Enterprise Zone Re- Appointments: City
Manager recommending confirmation of the
re- appointment of Peggy Murray, representing
Iowa Workforce Development, and Daniel
White, representing Northeast Iowa Communi-
ty College, to the City's Enterprise Zone
Commission and it is further recommended
that the City Council appoint a City Council
representative to this Commission (currently
the City Manager). Motion by Jones to receive
and file the documents and confirm the ap-
pointments as recommended. Seconded by
Lynch. Motion carried 6 -0.
Council Appointments: Communication
from the Long Range Planning Advisory
Commission requesting appointment of a City
Council liaison to the Commission.
Communication from Bill Callahan, Dubu-
que Initiatives, requesting appointment of a
City Council Member to fill the current vacancy
on the Dubuque Initiatives Board of Directors.
and Council Member Connors to the
Dubuque Initiatives Board of Directors. Se-
conded by Braig. Motion carried 6 -0.
110 Special Session,
March 10, 2011 Book 141
Motion by Connors to receive and file the
documents and appoint Council Member Braig
to the Long Range Planning Advisory Com-
mission.
Environmental Protection Agency (EPA)
Consent Decree: City Manager recommending
approval of the Consent Decree with the Unit-
ed States Environmental Protection Agency.
Motion by Jones to receive and file the docu-
ments and approve the recommendation. Se-
conded by Lynch. Motion carried 6 -0.
COUNCIL MEMBER REPORTS
Mayor Buol reported that interviews for Of-
fice of City Council Fourth Ward will be con-
ducted at 10:00 a.m. on Saturday, March 12,
in the Historic Federal Building.
There being no further business, upon mo-
tion the City Council adjourned at 8:42 p.m.
/s /Jeanne F. Schneider, CMC
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in special
session at 6:30 p.m. on March 10, 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 special session of the City Council called for
the purpose of conducting a public hearing on
the Fiscal Year 2012 budget and capital im-
provement program and to act upon such
business that may properly come before the
City Council.
FISCAL YEAR 2012
BUDGET RECOMMENDATION
Proofs of Publication on Notice of Public
Hearing on Budget Estimate for Fiscal Year
2012 and Notice of Public Hearing on Five
Year Capital Improvement Program beginning
July 1, 2011 through the fiscal year ending
June 30, 2016.
Communication from the Long Range
Planning Advisory Commission finding that the
Fiscal Year 2012 — 2016 Capital Improvement
Program is consistent with the 2008 Dubuque
Comprehensive Plan.
Motion by Connors to receive and file the
documents. Seconded by Jones. Motion car-
ried 6 -0.
PUBLIC HEARING
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council on the City's individual departmental
budgets. Motion carried 6 -0.
There being no public input, upon motion
the rules were reinstated limiting discussion to
the City Council.
Motion by Jones to receive and file the
documents and adopt Resolution No. 89 -11
Adopting Annual Budget for the Fiscal Year
ending June 30, 2012; Resolution No. 90 -11
Adopting Five Year Capital Improvement Pro-
gram Budget for Fiscal Years 2012 — 2016;
Resolution No. 91 -11 Adopting the Program Year
2011 (Fiscal Year 2012) Community Development
Block Grant (CDBG) Annual Plan; and Resolution
No. 92 -11 Adopting the Five Year Street Program.
Seconded by Braig. Motion carried 4 -2 with Lynch
and Resnick voting nay.
Book 141 Special Session, March 10, 2011 111
RESOLUTION NO. 89 -11
ADOPTING THE CITY OF DUBUQUE FIS-
CAL YEAR 2012 ANNUAL BUDGET
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the annual budget for the
fiscal year ending June 30, 2012, as set forth
in the Adoption of Budget and Certification of
Taxes and supporting state budget forms
showing the revenue estimates and appropria-
tion expenditures and allocations to programs
and activities for said fiscal year, is adopted.
Section 2. The City Clerk is directed to
make the filings required by law.
Passed, approved and adopted this 10th
day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 90 -11
ADOPTING THE CITY OF DUBUQUE FIVE -
YEAR CAPITAL IMPROVEMENT PROGRAM
Whereas, a recommended five -year Capi-
tal Improvement Program for the period begin-
ning July 1, 2011 and ending June 30, 2016
for the City of Dubuque has been prepared
and submitted to the City Council; and
Whereas, the five -year Capital Improve-
ment Program describes specific capital im-
provement projects, provides estimated costs
for those projects, proposes sources of funds
for each of them, and schedules the year dur-
ing which each project will be undertaken; and
Whereas, the capital improvement projects
for the first year are included in the Fiscal Year
2012 budget for the City of Dubuque; and
Whereas, the five -year Capital Improve-
ment Program will be reconsidered annually by
the City Council and appropriately revised; and
Whereas, the adoption of the five year
Capital Improvement Program is a prudent
measure to provide continuity of programs and
is in the best interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the five -year Capital Im-
provement Program for the period beginning
July 1, 2011 set out in the Fiscal Year 2012-
2016 Recommended Capital Improvement
Budget, is hereby approved and adopted as
the proposed allocation of City resources for
capital improvements as scheduled in the
years shown, subject to annual review and
revision.
Passed, approved and adopted this 10th
day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 91 -2011
ADOPTING THE FISCAL YEAR 2012 (PRO-
GRAM YEAR 2011) COMMUNITY DEVEL-
OPMENT BLOCK GRANT (CDBG) ANNUAL
ACTION PLAN
Whereas, the City of Dubuque has,
through a series of public meetings and hear-
ings, finalized a Fiscal Year 2012 (Program
Year 2011) Community Development Block
Grant Annual Action Plan addressing both
housing and non - housing needs in the com-
munity; and
Whereas, copies of the draft Fiscal Year
2012 (Program Year 2011) CDBG Annual Ac-
tion Plan have been available for public com-
ment 30 days prior to City Council action; and
Whereas, the City's Community Develop-
ment Advisory Commission has reviewed and
recommended adoption of an Annual Action
Plan following a public hearing; and
Whereas, the City Council has held a pub-
lic hearing on the proposed plan on March 1,
2011 following a 30 -day public comment peri-
od and has approved the Fiscal Year 2012
Annual Action Plan.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Community Develop-
ment Block Grant Fiscal Year 2012 (Program
Year 2011) Annual Action Plan, attached here-
to as Exhibit A and by this reference made a
part hereof, is hereby adopted.
Section 2. That the City Manager is hereby
authorized and directed to prepare and submit
to the United States Department of Housing
and Urban Development the Fiscal Year 2012
(Program Year 2011) Annual Action Plan for
the use of Community Development Block
Grant funds based on this adopted budget and
execute standard contracts and agreements.
Passed, approved and adopted this 10th
day of March 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 92 -11
ADOPTING THE FIVE -YEAR STREET CON-
STRUCTION PROGRAM FOR FISCAL
YEARS 2012 - 2016
Whereas, a recommended Five -Year
Street Construction Program for the Fiscal
Year 2012 — 2016 beginning July 1, 2011 and
ending June 30, 2016, for the City of Dubuque
has been prepared and submitted to the City
Council; and
Whereas, the Five -Year Street Construc-
tion Program: 1) describes specific capital im-
provement projects; 2) provides estimated
costs for those projects; 3) proposes sources
of funding; and 4) schedules the fis-
cal /calendar year during which each project
$0.00309
$0.00252
$0.00235
$0.00208
$0.00183
112 Special Session,
March 10, 2011 Book 141
will be undertaken; and
Whereas, the capital improvement projects
for the first year of such five -year program are
included in the Fiscal Year 2012 budget; and
Whereas, the adoption of the Five -Year
Street Construction Program is a prudent
measure to provide continuity of programs and
is in the best interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Five -Year Street Con-
struction Program for Fiscal Years 2012 —
2016 beginning July 1, 2011 set out in the Fis-
cal Years 2012 — 2016 recommended Capital
Improvement Budget, is hereby approved and
adopted as the proposed allocation of City
resources for capital improvements as sched-
uled in the years shown, subject to annual
review and revision.
Passed, adopted and approved this 10th
day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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. Motion carried
6 -0.
Motion by Jones for final consideration and
passage of Ordinance No. 22 -11 Amending
the Code of Ordinances of the City of Dubu-
que, Iowa, Section 13- 1C -1(a) Fixing water
rates for residential, commercial, industrial,
and all other uses; Ordinance No. 23 -11
mending the City of Dubuque Code of Ordi-
nances Section 13-1C-2 Fixing water rates for
fire sprinkler service; Ordinance No. 24 -11
Amending the City of Dubuque Code of Ordi-
nances Sections 13- 2C -3(B) and 13 -2C-
3(C)(7) Establishing basic sewer rates for resi-
dential and commercial users by increasing
the rates; and Ordinance No. 25 -11 Amending
the City of Dubuque Code of Ordinances Sec-
tion 13- 4 -5(D) SFU Rate; Charges; Utility Rev-
enues. Seconded by Braig. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 22 -11
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 13 PUBLIC UTILITIES,
CHAPTER 1 WATER USE AND SERVICE,
ARTICLE C RATES, SECTION 13-1C-1(A)
ESTABLISHING WATER RATES FOR RESI-
DENTIAL, COMMERCIAL, INDUSTRIAL,
AND ALL OTHER USES
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 13 -1 C -1(A) of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
Section 13-1C-1A: Residential, Com-
mercial, Industrial and All Other Uses.
A. Rates Established: The rates to
be charged for water for residential,
commercial, industrial and all other us-
es and purposes by any person, firm or
corporation within the city shall be
based on units of one hundred cubic
feet (748 gallons) or per gallon as fol-
lows:
Monthly Consumption —'
(in Hundreds of Cubic
Feet)
Charge per
Hundred Cubic
Feet
First 30 ` $2.31
Next 120 $1.89
Next 350 J $1.75
Next 5001 $1.55
Next 1,000 1 $1.37
Monthly Consumption J Charge per
I (in Gallons) I Gallon i
I
+,
i
First
22,440
Next 89,760
Next 261,800
Meter
Size
Inch-
es
5/8
3
1
1%
Next 374,000
Next 748,000
- -j
- -1
Rates shall be subject to the fol-
lowing minimum monthly charge ac-
cording to the size of the meter:
Monthly
Consump-
tion
(In Hun-
dreds of
Cubic Feet)
2
5
8
26
r 2 46
rE 3 F 106
___ i 44 168
!____6 - -368
8 I 625 467,500 $1,105.25
Monthly
Consump-
tion
(In Gal -
Ions)
1,496
3,740
Minimum
Charge
$4.62
$11,56 71
5,984 $18.49
19,448 1---$0.09
34,408 $99.50
79,288 l $12.60
125,664 $327.18
275,264
A property owner shall pay a $30.00 dis-
connect fee for water service that is discon-
nected by the city for a meter not in service.
When a tenant account is subject to discon-
nection due to delinquency, the tenant shall
pay the $30.00 disconnect fee.
A $5.00 minimum monthly charge shall be
assessed for meters not in service.
Section 2. This Ordinance shall take effect
Book 141 Special Session,
March 10, 2011 113
July 1,2011.
Passed, approved and adopted this 10th
day of March, 2011.
/s /Roy D. Buol, Mayor
Attest:
/s /Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald -
Newspaper the 25th day of March, 2011.
/s /Jeanne F. Schneider, CMC, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 23 -11
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES TITLE 13 PUBLIC UTILI-
TIES CHAPTER 1 WATER USE AND SER-
VICE, ARTICLE C RATES SECTION 13 -1C -2
FIXING WATER RATES FOR FIRE SPRIN-
KLER SERVICE
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 13 -1 C -2 of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
Section 13-1C-2: Fire Sprinkler Ser-
vice.
Customers who have fire sprinkler
service shall be billed for this service
on a monthly basis. The monthly
charge shall be as follows:
NUMBER OF
HEADS CURRENT
MONTHLY
CHARGES
Up to 200
(minimum monthly
charge)
200 - 300
$14.13
300 - 400
400 - 600
600 - 800
800 -1,000
$16.96
$19.76
$22.60
$25.41
$28.25
1,000 -1,200
$31.08
1,200 -1,400
$33.87
1,400 -1,600
$36.71
1,600 -1,800
1,800 - 2,000
2,000 - 2,200
2,200 - 2,400
2.400 - 2.600
2,600 - 2,800
2,800 - 3,000
3,000 - 3,500
Over 3,500 (for each addi-
tional 500 heads or fraction
thereof
$39.54
$42.35
$45.17
$47.99
$50.83
$53.66
$56.54
$59.29
$2.82
Section 2. This Ordinance shall take effect
July 1,2011.
Passed, approved and adopted this 10th
day of March, 2011.
/s /Roy D. Buol, Mayor
Attest:
/s /Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 251h day of March, 2011.
/s /Jeanne F. Schneider, CMC, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 24 -11
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES SECTIONS 13- 2C -3(B)
AND 13- 2C- 3(C)(7) ESTABLISHING BASIC
SEWER RATES FOR RESIDENTIAL AND
COMMERCIAL USERS BY INCREASING
THE RATES
NOW, THEREFORE, BE IT ORDAINED
BY ATHE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 13- 2C -3(B) of the City of
Dubuque Code of Ordinances is amended to
read as follows:
Section 13- 2C -3(B) Schedule of Rates:
Rates per each one hundred (100)
cubic feet:: $2.97
Rate per each gallon:: $0.00397
Section 2. Section 13- 2C- 3(C)(7) of the
City of Dubuque Code of Ordinances is
amended to read as follows:
Where the quantity of water consumed
is such that the minimum of service is
charged, the minimum sewer service
charge, according to the size of the meter,
shall be as follows:
Meter
Size
(inch-
es)
5/8
3A
1 or
larger
Minimum
Charge
s
$5.96
$14.85
$23.77
Allow-
ance
(cubic
feet)
200
500
800
Allow-
ance
(gallons)
1,496
3,740
5,984
Section 3. This Ordinance shall take effect
July 1,2011.
Passed, approved and adopted this 10th
day of March, 2011.
/s /Roy D. Buol, Mayor
Attest:
/s/Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 25th day of March,
2011.
/s /Jeanne F. Schneider, CMC, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 25 -11
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES SECTION 13-4-5 (D) SFU
RATE, CHARGES; UTILITY REVENUES.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
114 Special Session,
March 11, 2011 Book 141
Section 1. That City of Dubuque Code of
Ordinances Section 13 -4 -5 (D) is amended to
read as follows:
(d) The SFU rate to be applied to residen-
tial and nonresidential properties shall be as
follows:
(1) For the period July 1, 2011 through
June 30, 2012 the SFU rate shall be $5.60
per SFU;
(2) For the period July 1, 2012 through
June 30, 2013 the SFU rate shall be $6.44
per SFU;
(3) For the period July 1, 2013 through
June 30, 2014 the SFU rate shall be $6.79
per SFU.
(4) For the period July 1, 2014 through
June 30, 2015 the SFU rate shall be $7.81
per SFU.
(5) For the period July 1, 2015 through
June 30, 2033 the SFU rate shall be $7.90
per SFU.
Passed, approved and adopted this 10th day of
March, 2011.
/s /Roy D. Buol, Mayor
Attest
/s /Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 25th day of March, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
ACTION ITEM
Letter of Support — High -Speed Intercity
Passenger Rail: City Manager recommending
approval for submission of a letter of support
to Nancy J. Richardson, Director — Iowa De-
partment of Transportation for high -speed in-
tercity passenger rail service. Motion by Con-
nors to receive and file the documents and
approve the letter of support and the commit-
ment of a subsidy of $137,500 for Amtrak op-
erating funds. Seconded by Resnick. Envision
2010 Ride the Rail Spokesperson Sue Hafke-
meyer provided a slide presentation and up-
date on the project. Assistant City Manager
Teri Goodmann provided funding issues and
sources. ECIA Transportation Director Chan-
dra Ravada described project goals and the
immediate and future needs for multimodality
transportation. Motion carried 6 -0.
City Manager Van Milligen informed City
Council that Iowa Workforce Development
released information stating that Dubuque was
recently listed as No. 1 for job growth among
Iowa's nine largest cities.
There being no further business, upon mo-
tion the City Council adjourned at 7:21 p.m.
/s /Jeanne F. Schneider, CMC
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in special
session at 10:00 a.m. on March 12, 2011 in
the Historic Federal Building.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, City
Manager Van Milligen
Mayor Buol read the call and stated that
this was a special meeting of the City Council
called for the purpose of interviewing appli-
cants for the position of Fourth Ward Council
Member.
Mayor Buol stated that the applicants'
names would be randomly drawn by Mayor
Pro -Tem Braig to determine the order for the
interviews. He requested that each applicant
answer two questions as part of their interview:
(1) Their flexibility and commitment of time;
and (2) How many City Council meetings had
they attended in the past.
The following individuals were interviewed:
Patricia Rogaskie, Lynn Sutton, Jason Ander-
son, Chad Witthoeft, Erik Honda, Paula Neu-
haus, James Wirth, Marcos Rubinstein, Gary
Pfab, Cindy Kohlmann, Will Mclntee, Douglas
Ropa, R.R.S. Stewart, Jim Brady, Chris Wand,
and Charles Winterwood.
There being no further business, upon mo-
tion the City Council adjourned at 11:32 a.m.
/s /Jeanne F. Schneider, CMC
City Clerk
Book 141 Regular Session, March 21, 2011 115
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in regular
session at 6:30 p.m. on March 21, 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 presented by Reverend
Nancy Bickel of First Congregational UCC.
PRESENTATION
2010 Drinking Water State Revolving Loan
Fund — Award for Sustainable Public Health
Protection was presented by Glenn Curtis,
EPA Region 7 Chief of the Wastewater Man-
agement Branch.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Motion
carried 6 -0.
Minutes and Reports Submitted: Cable TV
Teleprogramming Commission of 1/4; City
Conference Board of 2/7; City Council of 3/3,
3/7, 3/10 and 3/12; Civil Service Commission
of 1/14; Environmental Stewardship Advisory
Commission of 3/10; Historic Preservation
Commission of 2/17; Historic Preservation
Commission Education Task Force of 3/2;
Zoning Advisory Commission of 3/2; Zoning
Board of Adjustment of 2/24
Library Board of Trustees Update from the
Meeting of February 24, 2011
Proofs of Publication of City Council Pro-
ceedings of February 22 and 24, 2011 and List
of Claims and Summary of Revenues for
Month Ended January 31, 2011
Upon motion the documents were received
and filed.
Notice of Claims/Suits: William and Rebec-
ca Garr for vehicle damage; Joyce M. Terris
for property damage; Wayne and Betty Bauer
for property damage; Kevin Bradt for vehicle
damage; Susanne Pauley for personal injury;
Eugene K. Sand for personal injury; Monica
Welter for vehicle damage. Upon motion the
documents were received, filed and referred to
the City Attorney.
City Attorney advising that the following
claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Com-
munities Assurance Pool: Oak Park Place for
property damage; Zac and Amy Scherrman for
property damage; Mamavi Mathey - Apossan
for personal injury /property damage; William
and Rebecca Garr for vehicle damage; Wayne
and Betty Bauer for property damage; Kevin
Bradt for vehicle damage; Susanne Pauley for
personal injury; Eugene K. Sand for personal
injury. Upon motion the documents were re-
ceived, filed and concurred.
Dubuque Metropolitan Area Solid Waste
Agency: Communication from the Dubuque
Metropolitan Area Solid Waste Agency submit-
ting the Fiscal Year 2012 budget and fee
schedule, which were approved by the Board
of Directors. Upon motion the document was
received and filed.
Scale Operator Position: City Manager
recommending that one Laborer position in the
Public Works Department be eliminated and
one Scale Operator position created. Upon
motion the documents were received, filed,
and approved.
Building Code of Appeals Board: Commu-
nication from Ryan Anglese submitting his
resignation from the Building Code of Appeals
Board. Upon motion the document was re-
ceived and filed and the resignation accepted.
State Historical Society of Iowa: Communi-
cation from the State Historical Society of Iowa
advising that the Upper Main Historic District
Amendment, 900s — 1000s Main Street, has
been listed in the National Register of Historic
Places effective February 11, 2011. Upon mo-
tion the document was received and filed.
Property Acquisition — 2275 Elm Street
City Manager recommending approval of the
acquisition of property located at 2275 Elm
Street as part of the Bee Branch Creek Resto-
ration Project. Upon motion the documents
were received and filed and Resolution No. 93-
11 Approving the acquisition of real estate
owned by Todd H. Schmitz in the City of
Dubuque was adopted.
116 Regular Session, March 21, 2011 Book 141
RESOLUTION NO. 93 -11
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY TODD H. SCHMITZ 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 recom-
mended in the 2001 "Drainage Basin Master
Plan;" and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled 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 legal-
ly described property: Lot 2 N 50' -1 -1 -103 L H
Langworthy's Add and Lot 2 Warren & Robin
Amling's Sub, in the City of Dubuque, Dubu-
que County, Iowa, at the cost of Sixty One
Thousand Nine Hundred Ninety One and
00/100 Dollars ($61,991.00).
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 a
certified copy of the Resolution.
Section 4. That the City Clerk be and is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 21st
day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
2010 / 2011 Snow and Ice Removal As-
sessments: City Manager recommending ap-
proval of the 2010 / 2011 snow and ice remov-
al from City right -of -way assessments. Upon
motion the documents were received and filed
and Resolution No. 94 -11 Adopting the final
assessment schedule for the Snow Removal
Assessment — Right -of -Way Obstruction Re-
moval Assessment Project was adopted.
RESOLUTION NO. 94 -11
ADOPTING THE FINAL ASSESSMENT
SCHEDULE FOR THE SNOW REMOVAL
ASSESSMENT — RIGHT -OF -WAY OB-
STRUCTION REMOVAL ASSESSMENT
PROJECT
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule
of Assessments as shown on the attached
sheet(s), Page 1 to Page 2 inclusive; is hereby
approved for the Snow Removal Assessment
— Right -of -Way Obstruction Removal Assess-
ment Project.
There is hereby assessed and levied as a
special tax against and upon each of the bene-
fited properties, the respective sums indicated.
The amounts shown in said Final Schedule of
Assessments as deficiencies are found to be
proper and levied conditionally against the
respective properties benefited by the im-
provements as shown in the Final Schedule of
Assessments, subject to the provisions of Iowa
Code § 384.63. Said assessments against
said lots are hereby declared to be in propor-
tion to the special benefits conferred and not in
excess of twenty -five percent of the value of
same.
The City Clerk be and is hereby directed to
certify the Final Schedule of Assessments to
the County Treasurer of Dubuque County,
Iowa, and to publish notice of said certification
once each week for two consecutive weeks in
the manner provided in Iowa Code § 362.3,
the first publication of which shall be not more
than fifteen days from the date of filing of the
Final Schedule of Assessments. On or before
the date of the second publication of the no-
tice, the City Clerk shall also mail a copy of
said notice to property owners whose property
is subject to assessment, as provided in Iowa
Code § 384.60.
The assessments may be paid in full or in
part without interest at the office of the City
Treasurer, City Hall, 50 W. 13th Street, Dubu-
que, Iowa, at any time within 30 days after the
date of the first notice of the Final Schedule of
Assessments. Thereafter, unpaid assessments
of $100.00 or more are payable in 10 annual
installments at the County Treasurer's Office,
Dubuque County Courthouse, 720 Central
Avenue, Dubuque, Iowa, and will draw annual
interest at nine percent (9 %) computed to De-
cember 1 next following the due dates of the
respective installments as provided in Section
384.65 of the Code of Iowa. Each installment
will be delinquent from October 1 following its
due date on July 1 of each year. However,
when the last day of September is a Saturday
or Sunday, that amount shall be delinquent
from the second business day of October. De-
linquent installments will draw the same delin-
quent interest as ordinary taxes. Property
owners may elect to pay any annual install-
ments semi - annually in advance.
Passed, approved and adopted this 21st
day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Book 141 Regular Session, March 21, 2011 117
CITY OF DUBUQUE, IOWA
2011 SIDEWALK SHOVELING
ASSESSMENTS
FINAL ASSESSMENTS
DATE: March 21, 2011
The following schedule is hereby deter-
mined to show each lot proposed to be as-
sessed for the improvement shown in the title
together with the amount proposed to be as-
sessed against each lot and the valuations
shown opposite each lot are hereby fixed as
the true valuations of such lots by the City
Council of the City of Dubuque.
LOT DESCRIPTION, PARCEL NUMBER,
STREET ADDRESS, TOTAL NET ASSESS-
MENT
Lot 1 -15 Cooley's Sub, 1024329012, 396
West Locust St., $155.60
Lot 1 Fortunes Sub, 1025182012, 705 W
3rd St., $267.00
W 170' of Lot 316 Davis Farm Add,
1014233008, 3116 Central Ave., $91.40
Lot 29 & N 1/2 of Lot 28 Tivoli Add,
1 0241 2801 8, 2285 Francis St., $94.60
Lot 19 Blk 5 Mettel -Byrne Add,
1021352001, 3870 Creston St, $90.60
Lot 553 Hams Add, 1118133008, 1801
Lincoln Ave., $157.80
W 48' Lot 3 & E 5' Lot 4 Both in Farleys
Sub, 1024386003, 584 West 11th St., $71.40
Lot 2 Schiltz Sub, 1026229013, 925 Neva-
da St, $168.40
S 487 of Nm 1/5 City Lot 474 & N 10' of M
1/5 of City Lot 474 (1576- 1578 -1580 Locust),
1024336003, 1576 Locust St., $236.60
Lot 1 of City Lot 657a, 1024458002, 1038
Bluff St., $149.20
Grove Terrace Sub S 25' Lot 2 Grove Ter-
race Sub N 40' Lot 3, 1024388002, 1083
Grove Terrace, $90.60
Lot 27 Wilsons Sub, 1025131004, 749 Wil-
son St., $84.20
Lot 6 Wilsons Sub, 1025132006, 752 Wil-
son St., $84.20
S 1'S' of City Lot 79 All of City Lot 80 101-
123 Main St, 1025281015, 101 Main St.,
$103.40
Lot 2 -1 -2 Young Primrose Place,
1 01 443301 4, 695 Kane St., $149.20
Lot 2 -W 1/2 of Lot 5 Yates & Picketts,
1024337006, 553 Loras Blvd., $71.40
Lot 13 Levens Add, 1023484014, 1385 Al-
ta Vista, $77.80
Lot 5 Wilsons Sub, 1025132005, 758 Wil-
son St., $71.40
S 32' Lot 12 Wilsons Sub 674 -674 1/2 Wil-
son, 1025132012, 674 Wilson St., $71.40
Lot 2 -112 East Dub Add, 1024282002, 344
E 16th St., $83.40
Lot 2 -2 -2 -A Hillcrest Park, 1022338001,
2995 Hillcrest Rd., $214.20
W 33' of Lot 5 Quigleys Sub of 709,
1024326014, 595 W 17th St., $68.20
Lot 1 -2 -3 of City Lot 670 424 -426 W Locust
St, 1024179009, 424 West Locust St., $71.40
Lot 2 -3 -135 & 2 -4 -135 L. H. Langworthy's
Add, 1024127031, 355 Kaufmann Ave.,
$71.40
E 1/2 -Lot 30 L. H. Langworthys Add,
1024202011, 2249 Jackson St., $107.80
S 1/2 Lot 769a A McDaniels Sub 1353-
1353 1/2 Bluff, 1024340023, 1353 Bluff St.,
$91.40
N 1/2 City Lot 332 & All of City Lot 333,
1024478005, 98 East 10th St., $117.80
Lot 3 Wilsons Sub, 1025132003, 784 Wil-
son St., $71.40
Lot 71 Cooks Add, 1013483001, 2125
Stafford St., $114.60
S 1/2 Lot 56 East Dubuque Add,
1024430009, 1308 Jackson St., $137.80
Lot 4 Blk 1 Steger Hgts., 1027278013,
2721 New Haven St., $71.40
W 45' Lot 4 Oxford Hgts., 1025109006,
910 University Ave., $74.60
Lot 6 Klingenbergs Sub, 1013454036,
2411 Stafford St., $68.20
Lot 2- 2 -2 -1 -N 2/5 of City Lot 461,
1024411010, 1373 Iowa St., $68.20
S 25' -Lot 2 -94 L. H. Langworthy's Add,
1 02421 401 6, 2043 Washington St., $71.40
Lot 1 Blk 4 Highland, 1015303001, 2910
Olde Country Lane, $94.60
Lot 3 New Jackson Sub, 1013379029,
2413 Jackson St., $114.60
Lot 19 O'Neills Sub No 2, 1026281001,
1486 West 3rd St, $77.80
Lot 17 Finley Waples & Burtons Add 2360-
2362 University, 1026108003, 2360 University
Ave., $71.40
N 1/2 of Lots 10 & 11 Yates & Picketts,
1024332019, 1505 Cornell St., $94.60
Lot 238 Woodlawn Park Add, 1023391004,
1577 North Algona St., $71.40
S 90' of Lot 61 Union Add 977 -979 Cleve-
land Ave, 1025378004, 977 Cleveland Ave.,
$77.80
Lot 2- 1- 1- 1- 1 -1 -1- Mineral Lot 342,
1014376022, Vacant Lot - 1200 Block of
Kaufmann Ave., $117.80
Railroad R 0 W Sec 1 T88n -R2e (See 15-
01- 501 -003), 1500800016, Old Mill Rd.,
$180.60
Dubuque Levee and F000dwall Certification
— PAL Progress Report #6: City Manager
transmitting the City of Dubuque's Provisional-
ly Accredited Levee (PAL) Progress Report #6
to FEMA for certification of the Dubuque levee
and floodwall system along the Mississippi
River. Upon motion the documents were re-
ceived and filed.
118 Regular Session, March 21, 2011 Book 141
Supplemental Flood Protection Measures:
City Manager recommending approval of the
purchase of HESCO flood barriers in the cur-
rent fiscal year instead of waiting until Fiscal
Year 2013 when they are in the Capital Im-
provement Program budget. Upon motion the
documents were received, filed, and approved.
Notice of Finding of No Significant Impact
(FONSI) on the Environment — CARADCO,
LLLP, Project: City Manager recommending
approval of the execution of a Request for
Release of Funds and Certification for Iowa
Community Development Block Grant (CDBG)
disaster recovery funds for the Caradco Build-
ing project. Upon motion the documents were
received and filed and Resolution No. 95 -11
Authorizing Request for Release of Funds and
Certification for Iowa Community Development
Block Grant (CDBG) Housing Disaster Recov-
ery Funds for the Caradco Building Project
was adopted.
RESOLUTION NO. 95 -11
AUTHORIZING REQUEST FOR RELEASE
OF FUNDS AND CERTIFICATION FOR 10-
WA COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) HOUSING DISASTER RE-
COVERY FUNDS FOR THE CARADCO
BUILDING PROJECT
Whereas, the City of Dubuque has been
awarded Iowa Community Development Block
Grant Housing Disaster Recovery funds from
the Iowa Department of Economic Develop-
ment; and
Whereas, pursuant to the rules and regula-
tions as promulgated by the U.S. Department
of Housing and Urban Development, an envi-
ronmental review has been processed for the
Iowa Community Development Block Grant
Housing Disaster Recovery funds; and
Whereas, a Notice of Intent to Request Re-
lease of Funds for said grants has been pub-
lished on March 16, 2011 to commence the
required fifteen (15) day comment period; and
Whereas, any and all comments received
as a result of such notice will be duly consid-
ered before proceeding with a Request for
Release of Funds and Certification; and
Whereas, a Request for Release of Funds
and Certification must be sent to the Iowa De-
partment of Economic Development (IDED) at
the conclusion of the comment period.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor of the City of
Dubuque is hereby authorized and directed to
execute a Request for Release of Funds and
Certification on or about March 31, 2011 and
submit to the Iowa Department of Economic
Development.
Section 2. That the Mayor of the City of
Dubuque is hereby authorized to consent to
assume the status of a responsible federal
official under the National Environmental Pro-
tection Act, insofar as the provisions of the
said Act apply to the U.S. Department of Hous-
ing and Urban Development responsibilities for
review, decision making, and action assumed
and carried out by the City of Dubuque as to
environmental issues.
Section 3. That the Mayor of the City of
Dubuque is hereby authorized to consent per-
sonally, in his official capacity and on behalf of
the City of Dubuque, to accept the jurisdiction
of the federal courts if an action is brought to
enforce responsibilities in relation to environ-
mental review process, decision - making and
action.
Passed, approved and adopted this 21st
day of March 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque Golf and Country Club: Commu-
nication from Richard Bugalski, General Man-
ager — Dubuque Golf and Country Club, re-
questing permission to display fireworks on
Monday, July 4, 2011 with a rain date of Tues-
day, July 5, 2011. Upon motion the document
was received, filed, and approved.
Signed Contracts: A. Cartegraph Software
Purchase; B. Water Pollution Control Plant
Project — Strand Associates, Inc. — Additional
Services for Davis -Bacon Compliance; and C.
Water Pollution Control Plant Project —
Change Order #6. Upon motion the documents
were received and filed.
Liquor License Transfer: Permanent trans-
fer of the liquor license of Easy Street from
431 Rhomberg Avenue to 30 Main Street. Up-
on motion the documents were received, filed,
and approved.
Liquor License Applications: City Manager
recommending approval of annual liquor li-
cense renewals as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 96 -11 Granting the issuance of a
Class "C" Beer Permit to Kwik Stop C -Store
and Paro Food Mart; and Resolution No. 97 -11
Granting the issuance of a Class "C"
Beer /Liquor License to Salsa's Mexican Res-
taurant, Ground Round Restaurant, Bunker Hill
Golf Course, Chopper's, and the Yardarm
Restaurant; a Special Class "C" Liquor License
to Mindframe Theaters; and a Class "WBN"
Native Wine to Kwik Stop C -Store were adopt-
ed.
Book 141 Regular Session, March 21, 2011 119
RESOLUTION NO. 96 -11
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
ined and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Beer Permit.
CLASS "C" BEER PERMIT
Rainbo Oil Company, Kwik Stop C -Store
+(Sunday Sale), 2335 University Ave.
Sahajanand Enterprises, Inc., Paro Food
Mart +(Sunday Sale), 3200 Central Ave.
Passed, approved and adopted this 21st
day of March, 2011
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 97 -11
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
nances 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
Salsa's, Inc., Salsa's Mexican Restaurant
+(Sunday Sale), 1091 Main St.
Janis, LLC, Ground Round Restaurant
+(Sunday Sale), 50 JFK Rd.
City of Dubuque, Bunker Hill Golf
+(Sunday /Outdoor Sale), 2200 Bunker Hill St.
Lana LuGrain, Chopper's +(Sunday Sale),
601 Rhomberg Ave.
The Yardarm, Inc., Yardarm Restaurant
+(Sunday /Outdoor Sale), 1201 Rhomberg
Ave.
SPECIAL CLASS "C" LIQUOR
Mindframe MultiMedia, LLC, Mindframe
Theaters +(Sunday Sale), 555 JFK Rd.
CLASS "WBN" NATIVE WINE
Rainbo Oil Company, Kwik Stop C- Store,
2335 University Ave.
Passed, approved and adopted this 21st
day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Connors to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Braig. Motion carried 6 -0.
Franklin Investments, LLC — Development
Agreement: City Manager recommending that
a public hearing be set for April 4, 2011 to
consider approval of entering into a Develop-
ment Agreement with Franklin Investments,
LLC for redevelopment of the property located
at 39 Bluff Street, most recently the site of
Central Alternative School. Upon motion the
documents were received and filed and Reso-
lution No. 98 -11 Fixing the date for a public
hearing of the City Council of the City of
Dubuque, Iowa, on the proposed issuance of
Urban Renewal Tax Increment Revenue Obli-
gations and the execution of a Development
Agreement relating thereto with Franklin In-
vestments, LLC and providing for the publica-
tion of notice thereof was adopted setting a
public hearing for a meeting to commence at
6:30 p.m. on April 4, 2011 in the Historic Fed-
eral Building.
RESOLUTION NO. 98 -11
FIXING THE DATE FOR A PUBLIC
HEARING OF THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA, ON THE PRO-
POSED ISSUANCE OF URBAN RENEWAL
TAX INCREMENT REVENUE OBLIGATIONS
AND THE EXECUTION OF A DEVELOP-
MENT AGREEMENT RELATING THERETO
WITH FRANKLIN INVESTMENTS, LLC AND
PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
Whereas, City and Franklin Investments,
LLC have entered into a Development Agree-
ment, subject to the approval of the City Coun-
cil, 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 inter-
ests of the City to approve the Development
Agreement, with Franklin Investments, LLC;
and
Whereas, it is deemed necessary and ad-
visable that City should authorize Urban Re-
newal Tax Increment Revenue obligations, as
provided by Chapter 403 of the Code of Iowa,
and to enter into the Development Agreement
relating thereto for the purpose of carrying out
an Urban Renewal Plan as hereinafter de-
scribed; and
Whereas, before said obligations may be
120 Regular Session, March 21, 2011 Book 141
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 Clerk is hereby author-
ized and directed to cause this Resolution and
a notice to be published as prescribed by Iowa
Code Section 403.9 of a public hearing on the
City's intent to authorize Urban Renewal Tax
Increment Revenue obligations, to be held on
the 4th day of April, 2011, at 6:30 o'clock p.m.
in the City Council Chambers at the Historic
Federal Building, 350 W. 6th St., Dubuque,
Iowa.
Section 2. The City Council will meet at
said time and place for the purpose of taking
action on the matter of authorizing Urban Re-
newal Tax Increment Revenue obligations and
the execution of the Development Agreement
relating thereto with Franklin Investments,
LLC, the proceeds of which obligations will be
used to carry out certain of the special financ-
ing activities described in the Urban Renewal
Plan for the Greater Downtown Urban Renew-
al District, consisting of the funding of econom-
ic developments grants to Franklin Invest-
ments, LLC, pursuant to the Development
Agreement under the terms and conditions of
said Urban Renewal Plan. It is expected that
the aggregate amount of the Tax Increment
Revenue obligations is approximately
$788,000.
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 circula-
tion in said City, said publication to be not less
than four days nor more than twenty days be-
fore 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 sub-
stantially the form attached hereto.
Passed, approved and adopted this 21st
day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Greater Downtown Urban Renewal District
Expansion: City Manager recommending that
a public hearing be set for May 2, 2011 to con-
sider a Resolution of Necessity for expansion
of the Greater Downtown Urban Renewal Dis-
trict. Upon motion the documents were re-
ceived and filed and Resolution No. 99 -11
Resolution of necessity finding that certain
areas adjacent to the Greater Downtown Ur-
ban Renewal District meet the definition of a
blighted area or economic development area
under the Urban Renewal Law and that devel-
opment of said areas is necessary in the inter-
est of the residents of the City of Dubuque,
Iowa, 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. 99 -11
A RESOLUTION OF NECESSITY FINDING
THAT CERTAIN AREAS ADJACENT TO
THE GREATER DOWNTOWN URBAN RE-
NEWAL DISTRICT MEET THE DEFINITION
OF A BLIGHTED AREA OR ECONOMIC DE-
VELOPMENT AREA UNDER THE URBAN
RENEWAL LAW, AND THAT DEVELOP-
MENT OF SAID AREAS IS NECESSARY IN
THE INTEREST OF THE RESIDENTS OF
THE CITY OF DUBUQUE, IOWA.
Whereas, the City Council of the City of
Dubuque has heretofore approved the
Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal
District (the "District") in order to provide rede-
velopment opportunities which will further the
purposes and objectives of the foregoing Ur-
ban Renewal Plan; and
Whereas, the City Council has found that
certain areas adjacent to the District meet the
definition of a blighted or economic develop-
ment 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 de-
velopment 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.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Washington Neighbor-
hood Sub -area generally described in Exhibit
A to this Resolution, which is proposed to be
added to the Greater Downtown Urban Re-
newal District, is a blighted area as defined by
Chapter 403 of the Iowa Code and is appropri-
ate for an urban renewal project
Section 2. That the Industrial Harbor Sub-
area generally described in Exhibit B to this
Resolution, which includes a portion of the
existing Kerper Boulevard Economic Devel-
opment District located generally north of 16th
Street and south of Kerper Court, and which
Sub -area is proposed to be added to the
Book 141 Regular Session, March 21, 2011 121
Greater Downtown Urban Renewal District, is
a blighted area as defined by Chapter 403 of
the Iowa Code and is appropriate for an urban
renewal project.
Section 3. That the Chaplain Schmitt Sub-
area generally described in Exhibit C to this
Resolution, which is proposed to be added to
the Greater Downtown Urban Renewal District,
is a blighted area as defined by Chapter 403 of
the Iowa Code and is appropriate for an urban
renewal project.
Section 4. That the combination of the
Greater Downtown, East 7th Street, and Kerper
Boulevard Urban Renewal Districts under a
single, comprehensive Amended and Restated
Urban Renewal Plan for the Greater Down-
town Urban Renewal District, and the devel-
opment of such areas under said Amended
and Restated Urban Renewal Plan, are nec-
essary and appropriate to facilitate the proper
growth and development of the community in
accordance with sound planning and local
community objectives.
Section 5. That the City Manager is author-
ized and directed to prepare an Amended and
Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District to accom-
plish the foregoing purposes and objectives, to
forward said Plan to the City's Long Range
Planning Advisory Commission for review and
comment, and to begin the consultation pro-
cess required by law with affected taxing enti-
ties.
Section 6. That the City Clerk is directed to
publish notice of a public hearing on the adop-
tion of the proposed Amended and Restated
Urban Renewal Plan for the Greater Down-
town Urban Renewal District to be held on
May 2, 2011 at 6:30 p.m. in the Historic Fed-
eral Building, 350 West 6th Street, Dubuque,
Iowa, 52001 and that said notice shall general-
ly 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 not less than four
days nor more than twenty days before the
date of said meeting. A copy of the notice of
public hearing shall be sent by ordinary mail to
the affected taxing entities.
Section 7. That the City Clerk is further di-
rected to send by ordinary mail a copy of said
Plan and notice of public hearing to the Dubu-
que Community School District, the County
Board of Supervisors and the Northeast Iowa
Community College, as the affected taxing
entities.
Passed, approved and adopted this 21st
day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
BOARDS /COMMISSIONS
Appointments to the following
Boards/Commissions: Zoning Board of Ad-
justment. One 5 -year term through March 26,
2016 (Term of Klauer). Applicant: Randall
Klauer, 2437 Matthew John Drive. Motion by
Braig to appoint Randall Klauer to the Zoning
Board of Adjustment for a 5 -year term through
March 26, 2016. Seconded by Jones. Motion
carried 6 -0.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
Request to Rezone — 515/517/531/537
West 8h Street: Proof of publication on notice
of public hearing to consider a request from
Thomas Frost to rezone property located at
515/517/531/537 West 8th Street from C -4
Downtown Commercial District to OC Office
Commercial District and Zoning Advisory
Commission recommending approval. Motion
by Jones to receive and file the documents
and that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Braig. Assistant City
Planner Kyle Kritz provided a staff report. Mo-
tion carried 6 -0.
Motion by Jones for final consideration and
passage of Ordinance No. 26 -11 Amending Title
16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by reclassifying here-
inafter described property located at 515 — 537
West 8th Street from C -4 Downtown Commercial
District to OC Office Commercial District. Second-
ed by Braig. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 26 -11
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 515 AND 527 W.
8TH STREET FROM C -4 DOWNTOWN COM-
MERCIAL DISTRICT TO OC OFFICE COM-
MERCIAL 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 Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter described property from
C -4 Downtown Commercial District to OC Of-
fice Commercial District, to wit:
122 Regular Session, March 21, 2011 Book 141
Lot 1 of Lot 2 — E 18' —W47' of Lot 10 of
City Lot 688 and part of City Lot 654, Lot 2
— E 18' of Lot 10 of City Lot 688 and part
of City Lot 654, Lot 1 — E 18' of Lot 10 of
City Lot 688 and part of City Lot 654, Lot 2
of Lot 2 — E 18' — W 47' of Lot 10 of City
Lot 688 and part of City Lot 654, and Lot 1
E 18' W 47' of Lot 10 of City Lot 688 and
part of City Lot 654, 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 Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. This Ordinance shall take effect
upon publication, as provided by law.
Passed, approved and adopted this 21st
day of March, 2011.
/s /Roy D. Buol, Mayor
Attest:
/s /Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 26 day of March, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
EverGreen Real Estate Development Cor-
poration: Proof of publication on notice of pub-
lic hearing to consider a request from Ever -
Green Real Estate Development Corporation
to amend the Cedar Lake Plaza Planned
Commercial District to allow a senior assisted -
living housing development and Zoning Advi-
sory Commission recommending approval.
Motion by Connors to receive and file the doc-
uments and that the requirement that a pro-
posed ordinance be considered and voted on
for passage at two Council meetings prior to
the meeting at which it is to be passed be sus -
pended. Seconded by Jones. Tim Brown, 8147
Savanna Valley Way, Victoria, MN, and repre-
senting EverGreen Real Estate Development
Corporation provided a slide presentation on
the background of the project and spoke in
support of the proposed ordinance. Respond-
ing to questions from City Council, Mr. Brown
stated that the Zoning Commission did not
have access to the setback information pre-
sented, the setback does include the sidewalk,
and walking paths around the building are in-
cluded. Assistant City Planner Kyle Kritz pro-
vided a staff report. Zoning Commission Vice
Chairperson Charles Miller explained the vote
of the Commission regarding the 20 ft. rec-
ommended setback. Motion carried 6 -0.
Motion by Braig to amend the proposed
ordinance to reduce the setback to 15 ft. Se-
conded by Connors. Motion carried 6 -0.
Motion by Connors for final consideration
and passage of Ordinance No. 27 -11 Amend-
ing Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by
providing for the amendment of Ordinances 8-
96 and 63 -97, which established regulations
for Cedar Lake Plaza, a Planned Unit Devel-
opment with a Planned Commercial Designa-
tion, located at Cedar Cross Road and Lake
Ridge Drive and now being amended to allow
housing for elderly or persons with disabilities
as a permitted use. Seconded by Lynch. Mo-
tion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 27 -11
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY PROVID-
ING FOR THE AMENDMENT OF ORDI-
NANCES 8 -96 AND 63 -97, WHICH ESTAB-
LISHED REGULATIONS FOR CEDAR LAKE
PLAZA, A PLANNED UNIT DEVELOPMENT
WITH A PLANNED COMMERCIAL DESIG-
NATION, LOCATED AT CEDAR CROSS
ROAD AND LAKE RIDGE DRIVE AND NOW
BEING AMENDED TO ALLOW HOUSING
FOR ELDERLY OR PERSONS WITH DISA-
BILITIES AS A PERMITTED USE.
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 Devel-
opment Code, is hereby amended by providing
the amendment of Ordinances 8 -96 and 63 -97
which established regulations for Cedar Lake
Plaza and now being amended to allowing
housing for the elderly or persons with disabili-
ties as a permitted use.
Lot 1 and Lot E of Cedar Lake Plaza,
Lot 1, Lot 1 -2 and Lot 2 -2 Cedar Lake
Plaza god Addition, Lot 1 , Lot 1 -2 and
Lot 2 -2 of Cedar Lake Plaza 3rd Addi-
tion, and to the centerline of the adjoin-
ing public right -of -way, all in the City of
Dubuque, lowa.
A. Use Regulations
The following regulations shall ap-
ply to all uses made of land in the
above described PUD District:
1. Principal permitted uses of
the PC Planned Commercial
development shall be limited
to:
a. Public or quasi - public
utilities including sub-
stations
b. Mortuary /funeral
home
c. General office
d. Medical office /clinic
e. Dental /medical lab
f. Barber /beauty shop
g. Retail sales /service
h. Laundry /dry cleaner
Book 141 Regular Session, March 21, 2011 123
i. Shoe repair
j. Indoor restaurant
k. Supermarket
I. Tailoring /alterations
m. Furniture /home fur-
nishing
n. Appliance
sales /service
o. Drive -up automated
bank teller
Animal hospital /clinic
Photographic studio
Neighborhood shop-
ping center
s. Business services
t. Banks /savings and
loans, credit unions
u. Indoor amusement
center
v. Indoor recreation facil-
ities
w. Housing for the elderly
or persons with disa-
bilities (south of Lake
Ridge Drive, only)
2. Accessory uses shall include
any use customarily incidental and
subordinate to the principal use it
serves.
B. Lot and Bulk Regulations
Development of land in the
PUD District shall be regulated as
follows:
1. All commercial buildings
and structures shall meet bulk
regulations set forth in the Uni-
fied Development Code for the
C -2 Neighborhood Shopping
Center District, with the excep-
tion that building height shall be
limited to 25 feet for commercial
structures.
2. That the proposed sen-
ior housing project shall be built
in substantial compliance with
the conceptual development
plan labeled Exhibit B, and that
the building shall be three -
stories in height and the front
yard setback along Lake Ridge
Drive shall be 15 feet.
C. Performance Standards
The development and mainte-
nance of uses in this PUD Dis-
trict shall be established in con-
formance with Section 16 -5 -24
of the Unified Development
Code and the following stand-
ards.
1. Proposed public streets
in the Planned Commercial de-
velopment shall be designed
P.
q.
r.
and built to City Engineering
specifications.
2. Erosion control devices
shall be provided during all
phases of construction of the
Planned Commercial develop-
ment.
3. Parking requirements
for allowed uses in the Planned
Commercial Development shall
be as per the parking group for
the designated use, in accord-
ance with Section 16 -14 -6 of the
Unified Development Code.
4. Sidewalks shall be pro-
vided adjoining all public streets
including Starlite Drive and Ce-
dar Cross Road.
5. Storm water detention
facilities will be installed as per
city Engineering requirements.
6. Final site development
plans shall be submitted in ac-
cordance with Section 16 -12 of
the Unified Development Code
prior to construction of any
buildings. No buildings shall be
constructed until a final site de-
velopment plan is submitted on
a building -by- building basis and
approved by the Zoning Adviso-
ry Commission and City Coun-
cil.
D. Open Space and Recreational Are-
as
Open space and landscaping in
the PUD District shall be regu-
lated as follows:
1. A screen of deciduous
and evergreen trees shall be
planted along Starlite Drive and
Cedar Cross Road to act as a
buffer between the proposed
commercial buildings and the
adjacent existing residential de-
velopment. Evergreen screening
to be six feet in height within
three growing seasons shall be
planted five feet on center in this
buffer.
2. That screening shall be
provided along the west proper-
ty line of the senior housing pro-
ject and shall consist of ever-
green plantings, a minimum of
four (4) feet in height and five
(5) feet on- center at installation.
The screen shall begin 20 feet
from the front property line and
extend to the rear building wall
of the senior housing facility.
The screen shall achieve 50%
124 Regular Session,
March 21, 2011 Book 141
opacity and six (6) feet in height
within three growing seasons.
3. Those areas not desig-
nated on the conceptual plan for
development shall be main-
tained as open space, as de-
fined by Section16 -2 -3 of the
Unified Development Code, by
the property owner and /or asso-
ciation.
4. Building pads shall be
maintained below the grade of
Cedar Cross Road and Starlite
Drive.
E. Sign Regulations
Signs in the PUD District shall be
regulated as follows:
1. Signs shall be allowed
in the Planned Commercial de-
velopment in accordance with
the C -2 sign regulations of Sec-
tion 16 -15 of the Unified Devel-
opment Code.
F. Additional Standards
1. That all previously ap-
proved conceptual development
plans are hereby amended to al-
low for the attached conceptual
development plan.
G. Transfer of Ownership
Transfer of ownership or lease
of property in this PUD District
shall include in the transfer or
lease agreement a provision that
the purchaser or lease acknowl-
edges awareness of the conditions
authorizing the establishment of
the district.
H. Recording
A copy of this ordinance shall
be recorded at the expense of the
property owner(s) with the Dubu-
que County Recorder as a perma-
nent record of the conditions ac-
cepted as part of this reclassifica-
tion approval within ten (10) days
after the adoption of this ordi-
nance. This ordinance shall be
binding upon the undersigned and
his/her heirs, successors and as-
signs.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 21st
day of March, 2011.
/s /Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 26th day of March, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
CARADCO — Development Agreement:
Proof of publication on notice of public hearing
to consider entering into a Development
Agreement with CARADCO Building, LLLP for
the purpose of redeveloping the property lo-
cated at 900 Jackson Street and City Manager
recommending approval. Motion by Jones to
receive and file the documents and adopt
Resolution No. 100 -11 Approving a Develop-
ment Agreement with CARADCO Building,
LLLP for the property at 900 Jackson Street.
Seconded by Resnick. Motion carried 6 -0.
RESOLUTION NO. 100 -11
APPROVING A DEVELOPMENT AGREE-
MENT WITH CARADCO BUILDING, LLLP
FOR THE PROPERTY LOCATED AT 900
JACKSON STREET
Whereas, the City of Dubuque, Iowa, has
created a Downtown Incentive Programs 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 financial incentives to
help finance code compliance activities and to
spur redevelopment; and
Whereas, it is the determination of this
Council that approval of the Development
Agreement for the rehabilitation of the Property
owned by CARADCO Building, LLLP accord-
ing to the terms and conditions set out in the
Development Agreement is in the public inter-
est of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agree-
ment with CARADCO Building, LLLP is hereby
accepted and approved.
Section 2. That the Mayor is hereby au-
thorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, the at-
tached Development Agreement with CA-
RADCO Building, LLLP.
Section 3. That the City Manager is hereby
authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all nec-
essary loan /grant documents and is further
authorized to disburse loan /grant funds in ac-
cordance with the terms and conditions of the
executed agreement.
Passed, approved and adopted this 21st
day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Book 141 Regular Session, March 21, 2011 125
Nottingham Properties, LLC — Develop-
ment Agreement: Proof of publication on no-
tice of public hearing to consider entering into
a Development Agreement with Nottingham
Properties, LLC for the purpose of redevelop-
ing property located at 485 Locust Street and
City Manager recommending approval. Motion
by Connors to receive and file the documents
and adopt Resolution No. 101 -11 Approving a
Development Agreement with Nottingham
Properties, LLC for the property located at 485
Locust Street. Seconded by Jones. Motion
carried 6 -0.
RESOLUTION NO. 101 -11
APPROVING A DEVELOPMENT AGREE-
MENT WITH NOTTINGHAM PROPERTIES,
LLC FOR THE PROPERTY LOCATED AT
485 LOCUST STREET
Whereas, the City of Dubuque, Iowa, has
created a Downtown Incentive Programs 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 financial incentives to
help finance code compliance activities and to
spur redevelopment; and
Whereas, it is the determination of this
Council that approval of the Development
Agreement for the rehabilitation of the Property
owned by Nottingham Properties, LLC accord-
ing to the terms and conditions set out in the
Development Agreement is in the public inter-
est of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agree-
ment with Nottingham Properties, LLC is here-
by accepted and approved.
Section 2. That the Mayor is hereby au-
thorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, the at-
tached Development Agreement with Notting-
ham Properties, LLC.
Section 3. That the City Manager is hereby
authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all nec-
essary grant documents and is further author-
ized to disburse grant funds in accordance
with the terms and conditions of the executed
agreement.
Passed, approved and adopted this 21st
day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Iowa 32 Hike / Bike Trail Phase 3 Project:
Proof of publication on notice of public hearing
to consider the plans and specifications, form
of contract and estimate of cost for the Iowa 32
Hike / Bike Trail Phase 3 Project and City
Manager recommending approval. Motion by
Braig to receive and file the documents and
adopt Resolution No. 102 -11 Approving plans,
specifications, form of contract, and estimated
cost for the Iowa 32 Hike / Bike Trail Phase 3
Project. Seconded by Jones. Van Milligen
stated that the funding source is a State of
Iowa REAP grant and is specific to the project.
Motion carried 6 -0.
RESOLUTION NO. 102 -11
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE IOWA 32 HIKE/BIKE TRAIL,
PHASE 3 PROJECT (CIP # 100 -2273)
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
Iowa 32 Hike /Bike Trail, Phase 3 project (CIP
#100 - 2273), in the estimated amount
$200,000, are hereby approved.
Passed, adopted and approved this 21st
day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Central Avenue HMA Resurfacing Project
from 21st to 32od Street: Proof of publication on
notice of public hearing to consider the plans
and specifications, form of contract and esti-
mate of cost for the Central Avenue HMA Re-
surfacing Project from 21st to 32nd Street and
City Manager recommending approval. Motion
by Connors to receive and file the documents
and adopt Resolution No. 103 -11 Approving
plans, specifications, form of contract, and
estimated cost for the Central Avenue HMA
Resurfacing Project from 21st to 32nd Street.
Seconded by Braig. Motion carried 6 -0.
RESOLUTION NO. 103 -11
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE CENTRAL AVENUE HMA
RESURFACING PROJECT, FROM 21ST TO
32ND STREET (IOWA DOT PROJECT NO.
STPN- 052- 2(106)-- 2J -31)
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
Central Avenue HMA Resurfacing Project,
from 21st to 32nd Street (Iowa DOT Project No.
STPN- 052 - 2(106)-- 2J -31), in the estimated
amount $1,655,782.75, are hereby approved.
Passed, adopted and approved this 21st
day of March, 2011.
Roy D. Buol, Mayor
126 Regular Session,
March 21, 2011 Book 141
Attest: Jeanne F. Schneider, CMC, City Clerk
Port of Dubuque Marina Dock System and
Utilities Project — Bid Package #1: Proof of
publication on notice of public hearing to con-
sider the plans and specifications, form of con-
tract and estimate of cost for the Port of Dubu-
que Marina Dock System and Utilities Project
— Bid Package #1 and City Manager recom-
mending approval. Motion by Lynch to receive
and file the documents and adopt Resolution
No. 104 -11 Approving plans, specifications,
form of contract, and estimated cost for the
Port of Dubuque Marina Dock System and
Utilities Project — Bid Package #1. Seconded
by Resnick. Motion carried 6 -0.
RESOLUTION NO. 104 -11
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE PORT OF DUBUQUE MA-
RINA PROJECT, BID PACKAGE 1 — TRAN-
SIENT DOCKS AND UTILITIES
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
Port of Dubuque Marina Project, Bid Package
1 — Transient Docks and Utilities, in the esti-
mated amount $2,874,652.00, are hereby ap-
proved.
Passed, adopted and approved this 21st
day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
Fourth Ward Appointment: City Council
appointment of the Fourth Ward representa-
tive. Motion by Connors to receive and file the
documents and adopt Resolution No. 105 -11
Filling the vacancy in the office of City Council
Member for the Fourth Ward. Seconded by
Lynch. Upon roll call vote Lynn Sutton was
appointed to the Office of City Council for the
Fourth Ward with Resnick, Braig, Connors and
Lynch voting for Lynn Sutton; Buol voting for
Eric Honda; and Jones voting for William Mcln-
tee. Motion carried 6 -0.
RESOLUTION NO. 105 -11
FILLING THE VACANCY IN THE OFFICE OF
CITY COUNCIL MEMBER FOR THE
FOURTH WARD
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF DUBUQUE, 10-
WA AS FOLLOWS:
Lynn Sutton is hereby appointed City
Council Member for the Fourth Ward to serve
for the period until the next pending election as
defined in Iowa Code § 69.12.
Passed, approved and adopted this 21st
day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Sustainable Development Incentives for
Residential Subdivisions: City Manager rec-
ommending adoption of a standard for sus-
tainable development incentives for new major
residential subdivisions that score at least 80
points in the Unified Development Code pro-
cess by utilizing sustainable subdivision tools.
Motion by Connors to receive and file the doc-
uments and approve the recommendation.
Seconded by Braig. Responding to questions
from City Council, Assistant City Planner Kyle
Kritz explained low- impact development op-
tions and point assignment. Van Milligen stat-
ed that ADA compliance is required and that
80 points allows access to City incentives.
Motion carried 5 -1 with Lynch voting nay.
Arts and Cultural Affairs Advisory Commis-
sion: City Manager recommending approval of
the Arts and Cultural Affairs Advisory Commis-
sion recommendation that functional public art
be integrated into the Bee Branch Creek
Parkway Project. Motion by Braig to receive
and file the documents and approve the rec-
ommendation. Seconded by Jones. Motion
carried 6 -0.
Lead Paint Hazard Control Grant and
Healthy Homes Production Grant: City Man-
ager recommending approval of a Notice of
Intent to Request Release of Funds for the
Lead Paint Hazard Control Grant in the
amount of $3,099,948 and Healthy Homes
Production Grant in the amount of $999,973.
Motion by Jones to receive and file the docu-
ments and adopt Resolution No. 106 -11 Au-
thorizing Request for Release of Funds and
Certification for Lead Paint Hazard Control
Grant and Healthy Homes Production Grant
Programs. Seconded by Braig. Motion carried
6 -0.
RESOLUTION NO. 106 -11
AUTHORIZING REQUEST FOR RELEASE
OF FUNDS AND CERTIFICATION FOR
LEAD PAINT HAZARD CONTROL GRANT
AND HEALTHY HOMES PRODUCTION
GRANT PROGRAMS
Whereas, the City of Dubuque has been
awarded Lead Paint Hazard Control Grant and
Healthy Homes Production Grant funds from
the U.S. Department of Housing and Urban
Development;, and
Book 141 Regular Session, March 21, 2011 127
Whereas, pursuant to the rules and regula-
tions as promulgated by the U.S. Department
of Housing and Urban Development, an envi-
ronmental review has been processed for the
Lead Paint Hazard Control Grant and Healthy
Homes Production Grant; and
Whereas, a Notice of Intent to Request Re-
lease of Funds for said grants has been pub-
lished on March 18, 2011 to commence the
required seven (7) day comment period; and
Whereas, any and all comments received
as a result of such notice will be duly consid-
ered before proceeding with a Request for
Release of Funds and Certification, and
Whereas, a Request for Release of Funds
and Certification must be sent to the U.S. De-
partment of Housing and Urban Development
at the conclusion of the comment period.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor of the City of
Dubuque is hereby authorized and directed to
execute a Request for Release of Funds and
Certification on or about March 28, 2011 and
submit to the U.S. Department of Housing and
Urban Development.
Section 2. That the Mayor of the City of
Dubuque is hereby authorized to consent to
assume the status of a responsible federal
official under the National Environmental Pro-
tection Act, insofar as the provisions of the
said Act apply to the U.S. Department of Hous-
ing and Urban Development responsibilities for
review, decision making, and action assumed
and carried out by the City of Dubuque as to
environmental issues.
Section 3. That the Mayor of the City of
Dubuque is hereby authorized to consent per-
sonally, in his official capacity and on behalf of
the City of Dubuque, to accept the jurisdiction
of the federal courts if an action is brought to
enforce responsibilities in relation to environ-
mental review process, decision - making and
action.
Passed, approved and adopted this 21st
day of March 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
University of Iowa — Iowa Initiative for Sus-
tainable Communities Partnership: City Man-
ager recommending approval of a proposed
partnership with the University of Iowa School
of Urban and Regional Planning Program's
Iowa Initiative for Sustainable Communities.
Motion by Jones to receive and file the docu-
ments and approve the recommendation. Se-
conded by Connors. Responding to questions
from City Council, University of Iowa Professor
Charles Connerly described what the funding
would be used for. Motion carried 6 -0.
City Hall HVAC System Replacement: City
Manager recommending approval of the re-
placement of the existing City Hall HVAC sys-
tem in order to save significant potable water
and energy resources. Motion by Connors to
receive and file the documents and approve
the recommendation. Seconded by Braig. Re-
sponding to questions from City Council, Build-
ing Services Manager Rich Russell and Water
Plant Manager Bob Green explained the statis-
tical information provided in the original study
and water samplings. Motion carried 6 -0.
Safe Community Task Force: Juvenile Cur-
few Recommendation (Parental Responsibility
Ordinance) (First Reading on March 7, 2011):
Motion by Jones to receive and file the docu-
ments and that the requirement that a pro-
posed ordinance be considered and voted on
for passage at two Council meetings prior to
the meeting at which it is to be passed be sus-
pended. Seconded by Resnick. Responding to
questions from City Council, Assistant City
Attorney Crenna Brumwell defined the term
"reasonable control." Police Chief Mark
Dalsing spoke in support of the ordinance from
the standpoint of the Police Department. Mo-
tion carried 6 -0.
Motion by Jones br final oonsiieraticn and passage dOr-
dinance No. 2311 An axing City d Dubuque ()TIP of 04
narosTie 7 Rim,, Fie, and Rabb Sell*, Chapar5O h&
es, byadopt g a new Athcb D Parental Reexxrsbiy re pihrg
the parent of a ninor b exercSe reasonable mihd over the
rri cr and esblothrg penalise for a vidation thereof Seoonck
ed by Brag. Motioncanied6D.
OFFICIAL PUBLICATION
ORDINANCE NO. 28 -11
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 7 POLICE, FIRE, AND
PUBLIC SAFETY, CHAPTER 5 OFFENSES,
BY ADOPTING A NEW ARTICLE D PAREN-
TAL RESPONSIBILITY REQUIRING THE
PARENT OF A MINOR TO EXERCISE REA-
SONABLE CONTROL OVER THE MINOR
AND ESTABLISHING PENALTIES FOR A
VIOLATION THEREOF
Whereas, the city council finds that there
has been an increase in the number of criminal
acts committed by juveniles; and
Whereas, the city council further finds that
those who bring children into the world, or
those who assume a parenting role, but who
fail to effectively teach, train, guide and control
them, should be accountable to the community
under the law. Those who need assistance
and training should be aided; those who ne-
glect their parenting duties should be encour-
aged to be more diligent, through civil sanc-
tions, if necessary; and
Whereas, this Ordinance should be con-
strued to achieve these remedial three (3) ob-
128 Regular Session, March 21, 2011 Book 141
jectives by addressing situations where par-
ents, guardians, or any other person having or
who has assumed the care, control or custody
over a minor have failed or neglected to act
responsibly or reasonably in the supervision of
a minor.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 7, Chapter 5 of the City of
Dubuque Code of Ordinances is amended by
adopting the following new chapter:
ARTICLE D. PARENTAL RESPONSIBILITY
7 -5D -1: DEFINITIONS:
The following words have the fol-
lowing meanings when used in this
article, unless a different meaning is
clear from context or usage.
PARENT: A father, mother, legal
guardian or any other person having
or who has assumed the care, control
or custody by birth, by court order, on
a voluntary basis, or otherwise.
MINOR: Any person who has not
attained the age of eighteen years.
7 -5D -2: PARENTAL RESPONSIBIL-
ITY:
A parent must exercise reasona-
ble control over the parent's minor to
prevent the minor from committing
any unlawful act in violation of federal
or state law or city ordinances.
7 -5D -3: VIOLATION:
A failure by a parent to exercise
reasonable control over the parent's
minor which causes the minor to
commit an unlawful act is a violation
of this article.
7 -5D -4: PENALTIES:
A. For a first violation of § 7 -5D -3,
the city will issue the parent a warn-
ing letter that the parent is in violation
of § 7 -5D -3 with a description of the
nature of the parent's violation and a
statement setting forth the fines
and /or consequences of future viola-
tions.
B. A second violation of § 7 -5D -3
is a municipal infraction for which the
fine is $250.00. In lieu of a fine, and
subject to the approval of the Chief of
Police, the parent may elect:
1. To attend, successfully
complete, and provide proof of
completion within 180 days of the
date of the notice of the violation,
a recognized course of instruction
on parenting skills and /or tech-
niques. The failure of the parent
to successfully complete such
course within such time consti-
tutes a municipal infraction; or
2. To submit in writing within
30 days of the notice of violation
for review and approval to the
Chief of Police a plan for action
steps that will be taken to prevent
further unlawful acts by the minor.
The failure of the parent to submit
such plan within such time consti-
tutes a municipal infraction.
C. A third violation of § 7 -5D -3 is
a municipal infraction for which the fi-
ne is $500.00. In lieu of a fine, and
subject to the approval of the Chief of
Police, the parent may elect to attend,
successfully complete, and provide
proof of completion within 180 days of
the date of the notice of the violation,
a recognized course of instruction on
parenting skills and /or techniques but
only if the parent has not previously
attended such course under Section
7- 5D- 3(B)(2). The failure of the parent
to successfully complete such course
within such time constitutes a munici-
pal infraction.
D. A fourth and any subsequent
violation § 7 -5D -3 is a municipal in-
fraction for which the fine is
$1,000.00 for each such violation. In
addition, the Chief of Police will refer
the violation to the County Attorney
for review of whether the issuance of
a criminal charge under Iowa Code §
709A.1 and /or whether a proceeding
under Iowa Code Ch. 232, Child or
Family in Need of Assistance, is ap-
propriate.
Section 2. This ordinance takes effect upon
publication.
Passed, approved and adopted the 21st
day of March, 2011.
/s /Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officiallx, in the Telegraph Herald
Newspaper the 26 day of March, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
COUNCIL MEMBER REPORTS
Jones reported on the Weather Spotter
class scheduled for March 22 and on a citizen
inquiry he received regarding smoking outside
of businesses.
There being no further business, upon mo-
tion the City Council adjourned at 8:30 p.m.
/s /Jeanne F. Schneider, CMC
City Clerk
Book 141 Regular Session, April 4, 2011 129
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in regular
session at 6:30 p.m. on April 4, 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 Mayor Roy D.
Buol.
SWEARING -IN
Fourth Ward Council Member Lynn Sutton
PROCLAMATION
Public Health Week (April 4 — 10, 2011)
was accepted by Health Services Manager
Mary Rose Corrigan.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Resnick. Braig
requested ( #14) 2011 Art on the River Exhibi-
tion be held for separate discussion. Motion
carried 6 -0.
Minutes and Reports Submitted: City
Council of 3/21; Historic Preservation Com-
mission of 3/17; Housing Commission of 2/22;
Human Rights Commission of 2/14; Long
Range Planning Advisory Commission of 3/16;
Sister City Relationships Advisory Commission
of 3/16; Zoning Board of Adjustment of 3/24
Proofs of publication of City Council Pro-
ceedings of February 15 and 28, March 1, 3, 7,
10, and 12, 2011 and List of Claims and
Summary of Revenues for Month Ended Feb-
ruary 28, 2011
Upon motion the documents were received
and filed.
Notice of Claims /Suits: Michael Phillips for
property damage; Dale J. Kenkel for vehicle
damage; Rachel Chavez for vehicle damage.
Upon motion the documents were received
and 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 Com-
munities Assurance Pool: Monica Welter for
vehicle damage; Joyce Terris for property
damage; Dale J. Kenkel for vehicle damage
City Attorney recommending approval of
the claim of Michael Phillips for property dam-
age. Upon motion the documents were re-
ceived, filed and concurred.
Dubuque Metropolitan Area Solid Waste
Agency Voluntary Annexation: Communication
from Marie Steenlage, City Development
Board Administrator, submitting the Findings of
Fact and Conclusions of Law and the Final
Order filed by the City Development Board
approving the City's voluntary annexation.
Upon motion the document was received and
filed.
Iowa Department of Transportation — US
151/61 Capacity Improvements: City Manager
recommending approval of an Iowa Depart-
ment of Transportation (Iowa DOT) Coopera-
tive Agreement for Primary Road Project as it
relates to the US 151/61 Corridor Project and
the construction of a southbound right -turn
lane on US 151/61 at Lake Eleanor Road. Up-
on motion the documents were received and
filed and Resolution No. 107 -11 Approving the
Iowa Department of Transportation Coopera-
tive Agreement for Primary Road Project
(Agreement No. 2011 -16 -123) between the
Iowa Department of Transportation and the
City of Dubuque for the US 151/61 Corridor
Project was adopted.
RESOLUTION NO. 107 -11
APPROVING THE IOWA DEPARTMENT OF
TRANSPORTATION COOPERATIVE
AGREEMENT FOR PRIMARY ROAD PRO-
JECT (AGREEMENT NO. 2011 -16 -123) BE-
TWEEN THE IOWA DEPARTMENT OF
TRANSPORTATION AND THE CITY OF
DUBUQUE FOR THE US 61/151 CORRIDOR
PROJECT
Whereas, the Iowa Department of Trans-
portation (Iowa DOT) has authorized the use
of 3R Primary Road 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 inter-
section; and
Whereas, the 3R Primary Road funds will
130 Regular Session, April 18, 2011 Book 141
be eligible to complete said improvements for
the construction of a southbound right -turn
lane (Hot Mix Asphalt) on US 61/151 at Lake
Eleanor Road as part of the US 61/151 Corri-
dor 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 Coopera-
tive Agreement for Primary Road Project
(Agreement 2011 -16 -123) between the City of
Dubuque and the Iowa Department of Trans-
portation be approved for construction of a
southbound right -turn lane (Hot Mix Asphalt)
on US 61/151 at Lake Eleanor Road as part of
the US 61/151 Corridor Project, within Dubu-
que County, Iowa.
Section 2. That the Mayor be authorized
and directed to execute two copies of Iowa
DOT Cooperative Agreement for Primary Road
Project (Agreement 2011 -16 -123) for the US
61/151 Corridor Project in Dubuque.
Passed, approved and adopted this 4th day
of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Railroad Property Purchase — 6th and
Jackson Street: City Manager recommending
approval to purchase Lot 1 of Lot 3 of Milwau-
kee Industrial Tract No. 1 in the City of Dubu-
que from the Chicago, Central & Pacific Rail-
road Company for the hike /bike trial in the His-
toric Millwork District. Upon motion the docu-
ments were received and filed and Resolution
No. 108 -11 Accepting a conveyance of proper-
ty of Lot 1 of Lot 3 of Milwaukee Industrial
Tract No. 1 in the City of Dubuque was adopt-
ed.
RESOLUTION NO. 108 -11
ACCEPTING A CONVEYANCE OF PROP-
ERTY OF LOT 1 OF LOT 3 OF MILWAUKEE
INDUSTRIAL TRACT NO. 1 IN THE CITY OF
DUBUQUE
Whereas, the City of Dubuque entered into
an agreement with the Chicago, Central &
Pacific Railroad Company pursuant to which
the Chicago, Central & Pacific Railroad Com-
pany agreed to convey all of Lot 1 of Lot 3 of
Milwaukee Industrial Tract No. 1 in the City of
Dubuque, Iowa; and
Whereas, the Chicago, Central & Pacific
Railroad Company has executed a convey-
ance of said property.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Quit Claim Deed from the
Chicago, Central & Pacific Railroad Company,
copies of which are attached hereto, as re-
quired by Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Passed, approved and adopted this 4th day
of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Final Plat — Engine House No. 1 Subdivi-
sion: City Manager recommending approval of
the final plat of Lot 1 and Lot A of Engine
House No. 1 Subdivision in the City of Dubu-
que, Dubuque County, Iowa. Upon motion the
documents were received and filed and Reso-
lution No. 109 -11 Approving the plat of Lot 1
and Lot A of Engine House No. 1 Subdivision
in the City of Dubuque, Dubuque County, Io-
wa, was adopted.
RESOLUTION NO. 109 -11
APPROVING PLAT OF LOT 1 AND LOT A
OF ENGINE HOUSE NO. 1 SUBDIVISION IN
THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, a
Plat of Lot 1 and Lot A of Engine House No. 1
Subdivision in the City of Dubuque, Dubuque
County, Iowa, dated the 17th day of March,
2011, prepared by Buesing & Associates, ded-
icating right of way for Central Avenue to be
known as Lot A of Engine House No. 1 Subdi-
vision; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 17th day
of March, 2011 prepared by Buesing & Asso-
ciates relative to the real estate hereinabove
described be and the same is hereby ap-
proved, and the Mayor and City Clerk be and
they are hereby authorized and directed to
execute said plat for and on behalf of the City
of Dubuque, Iowa.
Section 2. The City of Dubuque reserves
unto itself a perpetual easement including the
right of ingress and egress thereto, for the
purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating,
and maintaining water, sewer, drainage, gas,
telephone, television cable, fiber optics, and
electric lines as may be authorized by the City
of Dubuque, as shown on said Lot A of Engine
House No. 1 Subdivision.
Section 3. That the City Clerk be and is
hereby authorized and directed to file said plat
and certified copy of this resolution in the office
Book 141 Regular Session, April 4, 2011 131
of the Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this 4th day
of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
American Council of Engineering Compa-
nies 2011 Engineering Excellence Award for
the East -West Corridor Connectivity Study:
City Manager transmitting information on the
state and national recognition received from
the American Council of Engineering Compa-
nies (ACEC) for the East -West Corridor Con-
nectivity Study. Upon motion the documents
were received and filed.
Veterans' Park Community Garden Part-
nership with Dubuque Jaycees: City Manager
recommending approval of a one -year agree-
ment with the Dubuque Jaycees to operate a
community garden at Veterans' Memorial
Park. Upon motion the documents were re-
ceived, filed, and approved.
EPA Community Action for a Renewed En-
vironment (CARE) Grant Application: City
Manager recommending approval of an EPA
CARE grant application in the amount of
$96,426. Upon motion the documents were
received, filed, and approved.
Worker's Compensation Settlement
Agreement: Attorney Les V. Reddick recom-
mending approval of the Agreements for Set-
tlement with respect to two workers' compen-
sation claims filed by Randall A. DeMoss. Up-
on motion the documents were received, filed,
and approved.
Management Agreement — Miller Riverview
Park: City Manager recommending approval of
the Management Agreement with Kenneth M.
Clayton for Miller Riverview Park. Upon motion
the documents were received, filed, and ap-
proved.
Cartegraph Strategic Advisory Board: City
Manager recommending approval for Infor-
mation Services Manager Chris Kohlmann and
Street and Sewer Maintenance Supervisor
John Klosterman to represent the City at the
Cartegraph Strategic Advisory Board meeting
in Washington DC. Upon motion the docu-
ments were received, filed, and approved.
Planning for Historic Preservation and New
Job Creation Article: City Manager transmitting
an article authored by Economic Development
Director Dave Heiar on Planning for Historic
Preservation and New Job Creation which
appeared in the Economic Development Jour-
nal. Upon motion the documents were re-
ceived and filed.
2011 Art on the River Exhibition: Arts and
Cultural Affairs Advisory Commission request-
ing City Council concurrence with the selection
of artwork for the 2011 Alt on the River Com-
petition. Motion by Braig to receive and file the
documents. Seconded by Jones. Ms. Braig
expressed recognition of the exhibition and
thanked the Commission for their work. Motion
carried 7 -0.
Port of Dubuque Marina Project —
Amended Grant Agreement: City Manager
recommending approval of the execution of an
Amendment to the City's Federal BIG Tier II
Funding Agreement Contract for the develop-
ment of a transient boating marina facility at
the Port of Dubuque. Upon motion the docu-
ments were received, filed, and approved.
2011 Fire Hydrant Painting Project: City
Manager recommending award of the public
improvement contract for the 2011 Fire Hy-
drant Painting Project to Ted Stackis Construc-
tion in the amount of $59,800. Upon motion
the documents were received and filed and
Resolution No. 110 -11 Awarding public im-
provement contract for the 2011 Fire Hydrant
Painting Project was adopted.
RESOLUTION NO. 110 -11
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR PHASE I OF THE FIRE HY-
DRANT PAINTING PROJECT CIP 740 -2201
Whereas, sealed proposals have been
submitted by contractors for the Fire Hydrant
Painting Project (the Project) pursuant to Res-
olution No. 58 -11 and Notice to Bidders pub-
lished in a newspaper published in the City of
Dubuque, Iowa on the 25th day of February,
2011; and
Whereas, said sealed proposals were
opened and read on the 24t day of March,
2011 and it has been determined that Ted
Stackis Construction of Dubuque, Iowa, with a
bid amount of $59,800.00, is the lowest re-
sponsive, responsible bidder for the Project.
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 Ted Stackis Con-
struction, and the City Manager is hereby di-
rected to execute a Public Improvement Con-
tract on behalf of the City of Dubuque for the
Project.
Passed, approved and adopted this 4th day
of April, 2011.
Roy D Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
132 Regular Session, April 18, 2011 Book 141
Northwest Arterial Hike / Bike Trail — Phase
3 Project: City Manager recommending award
of the public improvement contract for the
Northwest Arterial Hike / Bike Trail — Phase 3
Project to Drew Cook and Sons Excavating,
Inc., in the amount of $143,599.60. Upon mo-
tion the documents were received and filed
and Resolution No. 111 -11 Awarding public
improvement contract for the Northwest Arteri-
al Hike / Bike Trail — Phase 3 Project was
adopted.
RESOLUTION NO. 111 -11
AWARDING THE PUBLIC IMPROVEMENT
CONTRACT FOR THE IOWA 32 HIKE/BIKE
TRAIL, PHASE 3 PROJECT
Whereas, sealed proposals have been
submitted by contractors for the Iowa 32
Hike /Bike Trail, Phase 3 (the Project) pursuant
to Resolution No. 102 -11 and Notice to Bid-
ders published in a newspaper published in
the City of Dubuque, Iowa, on the 11th day of
March, 2011; and
Whereas, said sealed proposals were
opened and read on the 24t day of March,
2011 and it has been determined that Drew
Cook & Sons Excavating Co, Inc., of Dubuque,
Iowa, with a bid in the amount of $143,599.60,
is the lowest responsive, responsible bidder for
the Project.
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 Drew Cook &
Sons Excavating Co, Inc., and the City Man-
ager is hereby directed to execute a Public
Improvement Contract on behalf of the City of
Dubuque for the Project.
Passed, approved and adopted this 4th day
of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Request for Proposals — ARC Transfer
Center: City Manager recommending approval
of the issuance of a Request for Proposal for
the final design and engineering of the Phase I
canopy, and preliminary design of the Phase II
enclosure, for the ARC Transfer Center for
The Jule. Upon motion the documents were
received, filed, and approved.
Central Avenue HMA Resurfacing — 21st to
32nd Street Project: City Manager recommend-
ing award of the public improvement contract
for the Central Avenue HMA Resurfacing —
21st to 32nd Street Project to River City Paving
in the amount of $1,361,772.11. Upon motion
the documents were received and filed and
Resolution No. 112 -11 Awarding public im-
provement contract for the Central Avenue
HMA Resurfacing — 21st to 32od Street Project
was adopted.
RESOLUTION NO. 112 -11
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE CENTRAL AVENUE HMA
RESURFACING PROJECT, FROM 21ST TO
32ND STREET (IOWA DOT PROJECT NO.
STPN- 052- 2(106)-- 2J -31)
Whereas, sealed proposals have been
submitted by contractors for the Central Ave-
nue HMA Resurfacing Project, from 21st to
32nd Street (Iowa DOT Project No. STPN -052-
2(106)--2J-31) (the Project) pursuant to Reso-
lution No. 83 -11 and Notice to Bidders pub-
lished in a newspaper published in the City of
Dubuque, Iowa, on the 10th day of March,
2011; and
Whereas, said sealed proposals were
opened and read on the 29t day of March,
2011 and it has been determined that River
City Paving of Dubuque, Iowa, with a bid in the
amount of $1,361,772.11, is the lowest re-
sponsive, responsible bidder for the Project.
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 River City Paving
and the City Manager is hereby directed to
execute a Public Improvement Contract on
behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 4th day
of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Citizen Communications: Communication
from John Kirpes, Pfohl's Inc., in opposition to
the possibility of a drive thru in the alley of
Hartig Drug on Locust Street.
Communication from Jim and Dorothy
Dodds, 710 Laurel Street, in opposition to the
proposed extension of sewer lines on Laurel
Street.
Communication from Tom and Judy Ed-
monds, 700 Laurel Street, in opposition to the
proposed extension of sewer lines on Laurel
Street.
Upon motion the documents were received
and filed.
Legislative Communication: Communica-
tion from Senator Charles E. Grassley regard-
ing the Community Development Block Grant
(CDBG) Program. Upon motion the document
was received and filed.
River Enhancement Community Attraction
and Tourism (RECAT) Grant: City Manager
recommending approval of the additional local
Book 141 Regular Session, April 4, 2011 133
match required by Vision Iowa for the River
Enhancement Community Attraction and Tour-
ism (RECAT) grant. Upon motion the docu-
ments were received and filed and Resolution
No. 113 -11 Approving additional local match
for the RECAT Program for funding for Ameri-
ca's River Project III was adopted.
RESOLUTION NO. 113 -11
APPROVING ADDITIONAL LOCAL MATCH
FOR THE RECAT PROGRAM FOR FUND-
ING FOR AMERICA'S RIVER PROJECT III
Whereas, the River Enhancement Com-
munity Attraction and Tourism (RECAT) pro-
gram is designed to assist communities in the
development and creation of multiple purpose
attraction or tourism facilities; and
Whereas, the City of Dubuque submitted
an application to Vision Iowa requesting assis-
tance in financing America's River Project III.
The America's River Project III consists of the
construction of a linear park along the Bee
Branch Creek. Amenities include bike /hike
trails, historic lighting, benches and an amphi-
theatre; and
Whereas, Vision Iowa found the America's
River Project III to meet the requirements es-
tablished for participation in the River En-
hancement Community Attraction and Tourism
program; and
Whereas, the Board, on March 9, 2011
unanimously voted to award a grant not to
exceed $2.25 million dollars for construction of
the Bee Branch Creek Restoration Project and
a linear park; and
Whereas, the Board requires an additional
$170,177 local match for the RECAT grant;
and
Whereas, the City Council of the City of
Dubuque finds that it is in the best interests of
the City to approve $170,000 of additional lo-
cal match for the RECAT grant from existing
Stormwater User Fee Funds.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The additional local match of
$170,177 required by Vision Iowa payable
from the Stormwater User Fee Fund is herby
approved.
Passed, approved and adopted this 4th day
of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Our Town Grant: City Manager recom-
mending approval of a Letter of Support to the
National Endowment for the Arts for the Our
Town Grant. Upon motion the documents were
received, filed, and approved.
City Hall HVAC System — Revised: City
Manager providing updated information on the
water -usage data for the City Hall HVAC sys-
tem. Upon motion the documents were re-
ceived and filed.
Morton Salt Agreement: City Manager rec-
ommending approval to inform Morton Salt
International LLC of the City's intent to pur-
chase up to 7,000 tons of salt from their re-
maining supplies on May 1st. Upon motion the
documents were received, filed, and approved.
Volunteer Management Software: City
Manager recommending approval of the pur-
chase of management software for manage-
ment of spontaneous volunteers as well as
volunteers to the many programs and depart-
ments of the City and community. Upon motion
the documents were received, filed, and ap-
proved.
Mediacom: Communication from Lee
Grassley, Senior Manager — Government Re-
lations, advising of a rate increase on or about
May 1, 2011. Upon motion the document was
received and filed.
Vision Iowa Agreement: City Manager rec-
ommending approval of the River Enhance-
ment Community Attraction and Tourism
agreement for the Bee Branch Creek Restora-
tion Project. Upon motion the documents were
received and filed and Resolution No. 114 -11
Approving the River Enhancement Community
Attraction and Tourism Program Grant Agree-
ment between the Vision Iowa Board and the
City of Dubuque, Iowa for the Bee Branch
Creek Restoration Project was adopted.
RESOLUTION NO. 114 -11
APPROVING THE RIVER ENHANCEMENT
COMMUNITY ATTRACTION AND TOURISM
PROGRAM GRANT AGREEMENT BE-
TWEEN THE VISION IOWA BOARD AND
THE CITY OF DUBUQUE, IOWA FOR THE
BEE BRANCH CREEK RESTORATION
PROJECT
Whereas, the River Enhancement Com-
munity Attraction and Tourism (RECAT) Pro-
gram was established by the Iowa Legislature
and the Governor of Iowa to support communi-
ty projects that build on Iowa's unique assets
and values and expand the recreational, cul-
tural, educational, and entertainment opportu-
nities that relate to, connect with and enhance
rivers, lakes, and river corridors in Iowa; and
Whereas, the City of Dubuque submitted
an application to the Vision Iowa Board re-
questing RECAT assistance to help finance
the Bee Branch Creek Restoration Project (the
Project); and
Whereas, the Vision Iowa Board found the
134 Regular Session, April 18, 2011 Book 141
Project to meet the requirements established
for participation in the RECAT Program; and
Whereas, the Board unanimously voted to
award a grant of Two Million Two Hundred
Fifty Thousand Dollars ($2,250,000) to assist
in funding the Project, subject to the terms and
conditions of the River Enhancement Commu-
nity Attraction and Tourism Program Grant
Agreement attached hereto; and
Whereas, the City Council has determined
that execution of the River Enhancement
Community Attraction and Tourism Program
Grant Agreement is in the best interests of the
City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The River Enhancement Com-
munity Attraction and Tourism Program Grant
Agreement is hereby approved.
Section 2. The City Manager is hereby au-
thorized to execute the Grant Agreement and
such other documents as are necessary to
bind the City and to deliver the Grant Agree-
ment and such other documents as the Vision
Iowa Board or the Board's legal counsel may
reasonably request.
Passed, approved and adopted this 4th day
of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Signed Contracts: A. Water Pollution Con-
trol Plant Modifications Project — Change Or-
der No. 6; and B. Bunker Hill Pumping Station
Renovation. Upon motion the documents were
received and filed.
Liquor License Transfer: Request of
Jumpin' Jane's Indoor Party and Play Center
to permanently transfer their liquor license
from 2055 Holiday Drive to 4292 Dodge Street.
Upon motion the documents were received,
filed, and approved.
Liquor License Applications: City Manager
recommending approval of annual liquor li-
cense renewals as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 115 -11 Granting the issuance of one
new permit to sell cigarettes to Fareway
Stores, Inc. #114; Resolution No. 116 -11
Granting the issuance of a Class "C" Beer
Permit to Hartig Drug Company, Mulgrew Oil
Company and K -Mart #4018; and Resolution
No. 117 -11 Granting the issuance of a Class
"C" Beer /Liquor License to Noonan's Tap,
Neighbor's Tap, Hammer Time Bar, The Hub,
Clarke University, Olive Garden Restaurant,
Whiskey River, Loras College Campus Center,
Joliet Building Corporation and Marco's Italian
American Food; a Class "B" Wine Permit to
Hartig Drug, K -Mart #4018 and Fareway Store
#114; a Class 'WBN" Native Wine Permit to
National Mississippi River Museum and 16th
Street Auto/Truck Plaza; and a Class "E" Liq-
uor License to Fareway Store #114 were
adopted.
RESOLUTION NO. 115 -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 Ciga-
rettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Ciga-
rette Papers within said City.
NEW
Fareway Stores, Inc. # 114, Fareway
Store, Inc., 2050 JFK Road
Passed, approved and adopted this 4th day of
April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 116 -11
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
ined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Beer Permit.
CLASS "C" BEER PERMIT
Hartig Drug Company, Hartig Drug Com-
pany +(Sunday Sale), 2255 JFK Road
Mulgrew Oil Company, Mulgrew Oil Com-
pany +(Sunday Sale), 1215 E. 16th Street
K -Mart Corporation, K -Mart # 4018
+(Sunday Sale), 2600 Dodge Street
Fareway Stores, Inc., Fareway Store # 114
+(Sunday Sale), 2050 JFK Road
Passed, approved and adopted this 4th day of
April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 117 -11
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
nances relevant thereto and they have filed
Book 141 Regular Session, April 4, 2011 135
proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Liquor License.
CLASS "C" BEER /LIQUOR LICENSE
Mary Lou Kamp, Noonan's Tap +(Sunday
Sale), 1618 Central Ave.
Neighbor's, Inc., Neighbor's Tap, 1899
Rockdale Road
Russell Northouse, Hammer Time Bar
+(Sunday /Outdoor Sale), 123 Main Street
The Hub on Main, Inc., The Hub +(Sunday
Sale), 253 Main Street
Clarke University of Dubuque, Clarke Uni-
versity +(Sunday Sale), 1550 Clarke Drive
GMRI, Inc., Olive Garden Restaurant
#1516 +(Sunday Sale), 3350 Dodge Street
Chad Streff, Whiskey River +(Sunday
Sale), 1064 University Ave.
Aramark Education Service, Loras College
Campus Center +(Sunday Sale), 1450 Alta
Vista Street
Knights of Columbus, Joliet Building Corp.
+(Sunday Sale), 781 Locust Street
Marco's, Inc., Marco's Italian- American
Food +(Sunday Sale), 2022 Central Ave.
CLASS "B" WINE PERMIT
Hartig Drug Company, Hartig Drug, 2255
JFK Road
K -Mart Corporation, K -Mart #4018, 2600
Dodge Street
CLASS'WBN" NATIVE WINE PERMIT
DBQ County Historical Society National
Mississippi River Museum, 350 E. 3rd Street
Mulgrew Oil Company, 16th St Auto/Truck
Plaza, 1215 E. 16th Street
Passed, approved and adopted this 4th day
of April, 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 pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Braig. Motion carried 7 -0.
Flexsteel Project: City Manager recom-
mending that a public hearing be set for April
18, 2011 to consider the disposition of approx-
imately 27,137 square feet of property in the
Port of Dubuque to Flexsteel Industries, Inc.
for the purpose of constructing a 40,000
square foot multi -story office building and ap-
proval of a Development Agreement relating
thereto. Upon motion the documents were
received and filed and Resolution No. 118 -11
Resolution of intent to dispose of an interest in
City of Dubuque real estate and fixing the date
for a public hearing of the City Council of the
City of Dubuque on the proposed issuance of
Urban Renewal Tax Increment Revenue Obli-
gations and the execution of a Development
Agreement relating thereto with Flexsteel In-
dustries, 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 April 18, 2011 in the Historic Federal
Building.
RESOLUTION NO. 118 -11
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE
AND
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, ON THE PROPOSED
ISSUANCE OF URBAN RENEWAL TAX IN-
CREMENT REVENUE OBLIGATIONS AND
THE EXECUTION OF A DEVELOPMENT
AGREEMENT RELATING THERETO WITH
FLEXSTEEL INDUSTRIES, INC., AND
PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City),
is the owner of the following real property (the
Property); Lot 1 -1 in Adams Company's 4th
Addition, in the City of Dubuque, Iowa; and
Whereas, City and Flexsteel Industries,
Inc., have entered into a Development Agree-
ment, subject to the approval of the City Coun-
cil, a copy of which is now on file at the Office
of the City Clerk, City Hall, 13th and Central
Avenue, Dubuque, Iowa, pursuant to which
City will convey the Property to Flexsteel In-
dustries, Inc., as shown on Exhibit A attached
hereto; and
Whereas, the City Council has tentatively
determined that it would be in the best inter-
ests of the City to approve the Development
Agreement, including the conveyance of the
Property to Flexsteel Industries, Inc.; and
Whereas, it is deemed necessary and ad-
visable that City should authorize Urban Re-
newal Tax Increment Revenue obligations, as
provided by Chapter 403 of the Code of Iowa,
and to enter into the Development Agreement
relating thereto for the purpose of carrying out
an Urban Renewal Plan as hereinafter de-
scribed; 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
136 Regular Session, April 18, 2011 Book 141
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 by Deed to Flexsteel In-
dustries, Inc.
Section 2. The City Clerk is hereby author-
ized 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
City's intent to dispose of the foregoing -
described Property, to be held on the 18h day
of April, 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 City Council will also meet
at said time and place for the purpose of taking
action on the matter of authorizing Urban Re-
newal Tax Increment Revenue obligations and
the execution of the Development Agreement
relating thereto with Flexsteel Industries, Inc.,
the proceeds of which obligations will be used
to carry out certain of the special financing
activities described in the Urban Renewal Plan
for the Dubuque Industrial Center Economic
Development District, consisting of the funding
of economic developments grants to Flexsteel
Industries, Inc., pursuant to the Development
Agreement under the terms and conditions of
said Urban Renewal Plan. It is expected that
the aggregate amount of the Tax Increment
Revenue obligations will be approximately
$1,540,000.
Section 4. 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 circula-
tion in said City, said publication to be not less
than four days nor more than twenty days be-
fore the date of said meeting on the issuance
of said obligations.
Section 5. That the notice of the proposed
action to issue said obligations shall be in sub-
stantially the form [provided].
Passed, approved and adopted this 4th day
of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fiscal Year 2011 Third Budget Amend-
ment: City Manager recommending that a pub-
lic hearing be set for April 18, 2011 to consider
adoption of the Fiscal Year 2011 Third Budget
Amendment. Upon motion the documents
were received and filed and Resolution No.
119 -11 Setting the date for public hearing on
the Fiscal Year 2011 Third Budget Amend-
ment was adopted setting a public hearing for
a meeting to commence at 6:30 p.m. on April
18, 2011 in the Historic Federal Building.
RESOLUTION NO. 119 -11
SETTING THE DATE FOR THE PUBLIC
HEARING ON AMENDMENT NO. 3 TO THE
FISCAL YEAR 2011 BUDGET FOR THE
CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 pro-
vides that the City Council shall set a time and
place for a public hearing on amendments to
the budget and publish notice before the hear-
ing 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 con-
duct a public hearing on proposed Amendment
No. 3 to the Fiscal Year 2011 budget for the
City of Dubuque at the City Council Chambers
at the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, on Monday, April 18,
2011 beginning at 6:30 p.m.
Section 2. That the City Clerk be and is
hereby authorized and directed to publish no-
tice of the public hearing, according to law,
together with the required budget information.
Passed, approved and adopted this 4th day
of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Kaufmann Avenue Utility Project (John F.
Kennedy Road to Chaney Road): City Manag-
er recommending initiation of the public bid-
ding process for the Kaufmann Avenue Utility
Project (John F. Kennedy Road to Chaney
Road) and that a public hearing be set for April
18, 2011. Upon motion the documents were
received and filed and Resolution No. 120 -11
Preliminary approval of plans, specifications,
form of contract, and estimated cost; setting
date of public hearing on the plans and speci-
fications, form of contract, and estimated cost;
and ordering the advertisement for bids for the
Kaufmann Avenue Utility Project (John F.
Kennedy Road to Chaney Road) was adopted
setting a public hearing for a meeting to com-
mence at 6:30 p.m. on April 18, 2011 in the
Historic Federal Building.
RESOLUTION NO. 120 -11
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS FOR THE
KAUFMANN AVENUE UTILITY PROJECT
(JOHN F. KENNEDY ROAD TO CHANEY
ROAD)
NOW THEREFORE, BE IT RESOLVED
Book 141 Regular Session, April 4, 2011 137
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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 of
$247,201.18, are hereby preliminarily ap-
proved and ordered filed in the office of the
City Clerk for public inspection.
A public hearing will be held on the 18th
day of April, 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 cir-
culation 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 inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The Kaufmann Avenue Utility Project (John
F. Kennedy Road to Chaney Road) is hereby
ordered to be advertised for bids for construc-
tion.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements 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
before 2:00 p.m. on the 26th day of April, 2011.
Bids shall be opened and read by the City
Clerk at said time and will be submitted to the
City Council for final action at 6:30 p.m. on the
May 2, 2011 in the Historic Federal Building
Council Chambers (second floor), 350 West 6
Street, Dubuque, Iowa.
Passed, adopted and approved this 4th day
of April, 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: Housing
Commission: One 3 -year term through August
17, 2011 (Term of Sutton). Applicant: Amy
Eudaley, 950 Wood Street.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
Franklin Investments, LLC — Development
Agreement: Proof of publication on notice of
public hearing to consider entering into a De-
velopment Agreement with Franklin Invest-
ments, LLC for redevelopment of the property
located at 39 Bluff Street. Motion by Connors
to receive and file the documents and adopt
Resolution No. 121 -11 Approving a Develop-
ment Agreement with Franklin Investments,
LLC for the property located at 39 Bluff Street.
Seconded by Jones. Motion carried 7 -0.
RESOLUTION NO. 121 -11
APPROVING A DEVELOPMENT AGREE-
MENT WITH FRANKLIN INVESTMENTS,
LLC FOR THE PROPERTY LOCATED AT 39
BLUFF STREET
Whereas, the City of Dubuque, Iowa, has
created a Downtown Incentives 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 financial incentives to
help finance code compliance activities and to
spur redevelopment; and
Whereas, it is the determination of this
Council that approval of the Development
Agreement for the rehabilitation of the Property
owned by Franklin Investments, LLC according
to the terms and conditions set out in the De-
velopment Agreement is in the public interest
of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agree-
ment with Franklin Investments, LLC is hereby
accepted and approved.
Section 2. That the Mayor is hereby au-
thorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, the at-
tached Development Agreement with Franklin
Investments, LLC.
Section 3.That the City Manager is hereby
authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all nec-
essary grant documents and is further author-
ized to disburse grant funds in accordance
with the terms and conditions of the executed
agreement.
Passed, approved and adopted this 4th day
of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
138 Regular Session, April 18, 2011 Book 141
Acquisition of Property for the Southwest
Arterial: Proof of publication on notice of public
hearing on a portion of the Southwest Arterial
Project and making the final site selections for
that portion of the project. Motion by Jones to
receive and file the documents and adopt
Resolution No. 122 -11 Approving a portion of
the Southwest Arterial project and making the
final selection of a site for a portion of the
Southwest Arterial project. Seconded by Res-
nick. Betty Tigges, 2082 Admiral Street, spoke
in opposition to acquiring more of her parcel
and the deadend sparth tWI Ice aeadedfortle prgedstding i
is dangerot.s. Raporxirgtnquestiors1romayCa txid,Assn
fantOEyErgheerBobStiessta dthetypeofgourt etWIIce
aid at the rtersalion of North Cascade and Engisr MII
Roads WI serve the property awes that rerrah when oon-
s4udion s feted and that it is a oom cn gour design not
lavnnb Ice dangerots. Motion canied 7-0.
RESOLUTION NO. 122 -11
APPROVING A PORTION OF THE
SOUTHWEST ARTERIAL PROJECT AND
MAKING THE FINAL SELECTION OF A SITE
FOR A PORTION OF THE SOUTHWEST
ARTERIAL PROJECT
Whereas, pursuant to Iowa Code §6B.2A,
written notice of a public hearing has been
given to each of the of the owners of record of
agricultural land described below that may be
subject to condemnation for the public im-
provement known as the Southwest Arterial
Project; and
Whereas, the City Council has conducted a
public hearing on the approval of a portion of,
and the site location for the Southwest Arterial
Project.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The Southwest Arterial Project as
it relates to the property described below is ap-
proved.
Section 2. The following described property
is determined to be part of the site location for
the public improvement known as the South-
west Arterial Project:
PROPERTY, OWNER(S)
Part of Parcel 124 as described on Exhibit
A attached, Sharon L. Bradley, Trustee of the
Sharon L. Bradley Trust dated March 25, 2004
Part of Parcel 130 as described on Exhibit
B attached, Robert W. Bradley, Trustee of the
Robert W. Bradley Trust dated March 25, 2004
Part of Parcel 147 as described on Exhibit
C attached, Betty Jean Siegert Tigges
Part of Parcel 151a as described on Exhibit
D attached, John L. Knepper
Part of Parcel 169s as described on Exhibit
E attached, River City Development, LLC
Part of Parcel 170 as described on Exhibit
F attached, Robert L. Simon and Connie F.
Simon
Part of Parcel 172 as described on Exhibit
G attached, Mt. Olivet Cemetery Association
Part of Parcel 173 as described on Exhibit
H attached, Michael D. Lambert and Chris A.
Lambert
Part of Parcel 174 as described on Exhibit I
attached, David L. Lambert and Shirley A.
Lambert
Part of Parcel 184 as described on Exhibit
J attached, Jon D. Luckstead
Part of Parcel 187 as described on Exhibit
K attached, Jon Luckstead
Passed, approved and adopted this 4th day
of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
2011 Dubuque Works Annual Report and
Resource Guide: Greater Dubuque Develop-
ment Corporation Director Rick Dickinson and
Director of Work Force Development Sarah
Harris to present the 2011 Dubuque Works
Annual Report and Resource Guide. Motion by
Jones to receive and file the information. Se-
conded by Connors. Mr. Dickinson and Ms.
Harris provided a slide presentation on the
Dubuque Works Workforce Initiative Year -End
2010 -2011 accomplishments. Motion carried
7 -0.
Westbrook Subdivision — Phase I: City
Manager recommending approval of an
Amendment to the Development Agreement
with Joel Callahan, President of Callahan
Construction, for extension of City assistance
for Phase One of Westbrook Subdivision to
July 1, 2012. Motion by Connors to receive
and file the documents and approve the rec-
ommendation. Seconded by Braig. Respond-
ing to questions from City Council, developer
Joel Callahan, 7629 Commerce Park, stated
that litigation with the City of Asbury and a shift
in the primary target for sales caused a slow
start but 18 contracts are included in the next
phase. Motion carried 7 -0.
Final Plat — Westbrook Subdivision —
Phase II: City Manager recommending ap-
proval of the final plat of Westbrook Subdivi-
sion — Phase II. Motion by Jones to receive
and file the documents and adopt Resolution
No. 123 -11 Authorizing approval of the final
plat of Westbrook Subdivision No. 2 in the City
of Dubuque, Iowa. Seconded by Connors.
Motion carried 7 -0.
Book 141 Regular Session, April 4, 2011 139
RESOLUTION NO. 123 -11
AUTHORIZING APPROVAL OF THE FINAL
PLAT OF WESTBROOK SUBDIVISION NO.
2 IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a Final Plat of Westbrook Subdivision
No. 2 in the City of Dubuque, Iowa; and
Whereas, upon said final plat appear
streets to be known as North Westbrook Drive
(Lot L), South Westbrook Drive (Lot N), and
Trails Edge Drive (Lot M) together with certain
public utility, storm sewer and water main
easements, stormwater detention facilities (Lot
O and Lot P) and park and open space area
(Lot Q and Lot R), which the owner by said
final plat has dedicated to the public forever;
and
Whereas, said plat provides 0 feet of front-
age for Lot 0, Lot P and Lot R, where 50 feet
is required by Section 16- 11 -14(B) of the Uni-
fied Development Code; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and its approval has been endorsed thereon;
and
Whereas, said final plat has been reviewed
by the City Planner and her approval has been
endorsed thereon, subject to the owner's
agreeing to the conditions specified herein;
and
Whereas, said final plat has been exam-
ined by the City Council and the City Council
find the final plat conforms to the applicable
statutes and ordinances, except that streets
and public utilities have not yet been complete-
ly constructed or installed.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of North
Westbrook Drive (Lot L), South Westbrook
Drive (Lot N), Trails Edge Drive (Lot M), and
park land (Lot Q) and the easements for public
utilities, storm sewer and water mains, as they
appear on said final plat, be and the same are
hereby accepted.
Section 2. That the dedication of Lots 0
and P (detention areas) and Lot R (open
space) are not accepted at this time. Ac-
ceptance of these said lots will be at a later
date by quit claim deed upon completion and
acceptance of certain improvements and /or
conditions.
Section 3. That Section 16- 14 -11(B) of the
Unified Development Code is waived to allow
Lot 0, Lot P, and Lot R to have 0 feet of front-
age, where 50 feet of frontage is required.
Section 4. That the final plat of Westbrook
Subdivision No. 2 is hereby approved and the
Mayor and City Clerk are hereby authorized
and directed to endorse the approval of the
City of Dubuque, Iowa, upon said final plat,
provided the owners of said property herein
named, execute their written acceptance of the
attached conditions and further agree:
(a) To reduce North Westbrook Drive
(Lot L), South Westbrook Drive (Lot N),
and Trails Edge Drive (Lot M) to grade and
to construct longitudinal sub - drain, con-
crete curb and gutter and to hard surface
with asphaltic concrete with integral curb,
or with concrete paving with integral curb,
all in accordance with the City of Dubuque
standard specifications in a manner ac-
ceptable to the City Engineer, in conform-
ance with construction improvement plans
approved by the City Engineer, and in-
spected and approved by the City Engi-
neer.
(b) To install sanitary sewer mains and
sewer service laterals into each individual
lot, water mains and water service laterals
into each individual lot, storm sewers and
catch basins, boulevard street lighting and
erosion control devices all in accordance
with the City of Dubuque standard specifi-
cations in a manner acceptable to the City
Engineer, and in accordance with construc-
tion improvement plans approved by the
City Engineer, and inspected and approved
by the City Engineer.
(c) To construct a sidewalk along North
Westbrook Drive and South Westbrook
Drive frontage of Lot Q in accordance with
City of Dubuque Standards and Specifica-
tions.
(d) To construct the improvements out-
lined in (a), (b) and (c) above within two
years from the date of acceptance of this
resolution, at the sole expense of the own-
ers, or future owner.
(e) To maintain the improvements out-
lined in (a), (b) and (c) above for a period
of two (2) years from the date of the ac-
ceptance of those improvements by the
City Council of the City of Dubuque, Iowa,
at the sole final expense of the owners, or
future owner;
(f) To provide security for the perfor-
mance of the foregoing conditions speci-
fied in this Section in such form and with
such sureties as may be acceptable to the
City Manager of the City of Dubuque, Iowa.
Section 5. That sidewalk installation shall
be the responsibility of each lot owner for each
lot abutting the public rights -of -way, including
lots with multiple frontages, as required by City
Code Chapter 10 -1 -2 (Sidewalk Installation
and Repair).
Section 6. That the owner must continue to
own and maintain Lot 0 and Lot P of West-
brook Subdivision No. 2 and stormwater de-
tention facility until (1) the facility has been
fully completed; (2) 80% of the platted lots on
140 Regular Session, April 18, 2011 Book 141
Lots 1 thru 48, inclusive of Block 1 of West-
brook Subdivision and Lots 1 thru 43 inclusive,
of Westbrook Subdivision No. 2, and subdivi-
sions thereof have been fully developed; and
(3) adequate erosion control measures, as
approved by the City Engineer have been in-
stalled on the remaining 20% of the lots. Ac-
ceptance of said Lot 0 and Lot P and the de-
tention facility must be by the City Council as
required by the Unified Development Code.
Upon the City's acceptance of the detention
facility, the inspection, administrative and
maintenance expenses incurred by the City of
Dubuque for the storm water detention facility
(Lot 0 and Lot P Westbrook Subdivision No. 2)
shall be assessed against the property own-
ers, except the City of Dubuque, of all phases
of Westbrook Subdivision as indicated above
and on the preliminary plat, in equal amounts,
and the City Manager shall certify such costs
to the City Clerk, who in turn shall promptly
certify such costs to the Dubuque County
Treasurer, and such costs shall then be col-
lected with and in the same manner as general
property taxes in accordance with provisions of
law.
Section 7. That the planting of street trees
shall be coordinated with the City Forester.
Any trees planted within the street right -of -way
must be chosen and planted by the City of
Dubuque Leisure Services Department at the
developer's expense.
Section 8. That the owner must continue to
maintain designated wetlands within Lot R until
such time as documentation is provided to the
City that the wetland areas within Lot R are in
full compliance with Corps of Engineers regu-
lations. That the owners shall install a one -inch
water service line to serve Lot Q with a shut -off
valve and a capped copper service lateral in-
stalled eight (8) feet beyond the valve to allow
future access to lateral at a location to be de-
termined and agreed upon. That Lot Q must
be graded by the owner to be fully accessible
per ADA regulations. That a driveway ap-
proach on Lot Q be installed by the owner at a
location to be determined and agreed upon.
Section 9. That the final acceptance of the
public improvements shall only occur upon
certification of the City Engineer to the City
Council that the public improvements have
been completed in accordance with the ap-
proved improvement plans and City standards
and specifications and accepted by City Coun-
cil Resolution.
Section 10. That in the event Callahan
Construction, Inc., fails to execute the ac-
ceptance and furnish the guarantees provided
hereof within 180 days after the date of this
Resolution, the provisions hereof shall be null
and void and the acceptance of the dedication
and approval of the plat shall not be effective.
Passed, approved and adopted this 4th day
of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ACCEPTANCE OF
RESOLUTION NO. 123 -11
I, the undersigned, Joel Callahan, repre-
senting Callahan Construction, Inc., having
read the terms and conditions of the Resolu-
tion No. 123 -11 and being familiar with the
conditions thereof, hereby accept the same
and agree to the conditions required therein.
Dated in Dubuque, Iowa, this 4th day of
April 2011.
Joel Callahan
Westbrook Subdivision — Phase II: City
Manager recommending approval a of Devel-
opment Agreement with Joel Callahan, Presi-
dent of Callahan Construction, Inc., for Phase
Two of Westbrook Subdivision, with the incen-
tives for PVC pipe for sanitary sewer and wa-
ter lines, with the restriction on underground
storage tanks, and the 25% assessment provi-
sion. Motion by Connors to receive and file the
documents and approve the recommendation.
Seconded by Resnick. Responding to ques-
tions from City Council, Water Plant Manager
Bob Green explained the properties of the
PVC piping used and the reasoning for the
restrictions. Motion carried 7 -0.
Complete Streets Policy: City Manager
recommending approval of a Complete Streets
Policy for the City of Dubuque.
Communication from Charles Winterwood,
White Pine Group of the Sierra Club, in sup-
port of a strong complete streets policy.
Motion by Connors to receive and file the
documents and adopt Resolution No. 124 -11.
Adopting a Complete Streets Policy. Seconded
by Jones. Motion carried 7 -0.
RESOLUTION NO. 124 -11
ADOPTING A COMPLETE STREETS POLI-
CY
Whereas, Complete Streets promotes
streets that are safe and convenient for all
users, including pedestrians, bicyclists, public
transportation riders, and motor vehicle drivers
of all ages and abilities; and
Whereas, streets that support and invite
multiple uses, including safe, active, and am-
ple space for pedestrians, bicycles, and public
transportation, are more conducive to the pub-
lic life and efficient movement of people than
streets designed primarily to move automo-
biles and trucks; and
Whereas, promoting pedestrian, bicycle
and public transportation travel as an alterna-
tive to the automobile reduces negative envi-
Book 141 Regular Session, April 4, 2011 141
ronmental impacts, promotes healthy living
and is less costly to the commuter; and
Whereas, full integration of all modes in the
design of streets and highways, with safety in
equal measure for each mode of travel, will
increase the capacity and efficiency of the
road network, reduce traffic congestion by
improving mobility options, limiting greenhouse
gas emissions, and improving the general
quality of life; and
Whereas, studies have found that provid-
ing more travel options, including public transit,
bicycling and walking facilities, is an important
element in reducing congestion; and
Whereas, the Federal Highway Administra-
tion has confirmed that designing the street
with pedestrians of all ages and abilities in
mind significantly reduces pedestrian risk; and
Whereas, the development of a more com-
plete transportation network will eliminate haz-
ards and improve safety for pedestrians and
cyclists of all ages and abilities, who now
make up more than 12 percent of all traffic
fatalities; and
Whereas, the design and construction of
new facilities should anticipate future demand
for bicycling, walking, and other alternative
transportation facilities and not preclude the
provision of future improvements; and
Whereas, Complete Streets are supported
by the Institute of Traffic Engineers, American
Planning Association, and other transportation,
planning, and public health professionals; and
Whereas, implementation of Complete
Streets policies can create immediate jobs
through labor- intensive and small -scale pro-
jects, many of which can be accomplished in a
limited timeframe; and
Whereas, Complete Streets projects can
do more to aid economic recovery than pro-
vide individual jobs: they can help create com-
plete transportation networks that provide
Americans with transportation choices that are
easier on their wallets; and
Whereas, the Dubuque Region Smart
Planning Project supports the diversity of
transportation options available through Com-
plete Streets and exemplified by the City of
Dubuque's Complete Streets Model in the His-
toric Millwork District; and
Whereas, the City's Comprehensive Plan
supports development of a comprehensive
bike /hike trail system to provide multi -modal
transportation for the city; and
Whereas, Complete Streets is a goal for
both the Community Design and Reasonable
Mobility principles of the Sustainable Dubuque
Plan; and
Whereas, the City of Dubuque was the first
city in the metropolitan area to adopt the 2008
Tri -State Area Integrated Walking, Biking, Hik-
ing Network Plan, which advocates for the
adoption of Complete Streets policies by cities
and counties in the Tri -State area; and
Whereas, the City annually will evaluate
planned street projects for their relationship to
the Implementation Plan of the 2008 Tri -State
Area Integrated Walking, Biking, Hiking Net-
work Plan; and
Whereas, street maintenance projects do
not significantly alter the geometry, and there-
fore would not be subject to this policy; and
Whereas, the City currently implements
curb ramp, sidewalk, signage, and trail pro-
jects that support Complete Streets concepts;
and
Whereas, the implementation of the Com-
plete Streets Policy will take into consideration
additional construction costs, recognizing that
not every project is a candidate for this desired
outcome; and
Whereas, the City will post the annual
street construction, reconstruction and overlay
projects on the City website and on file at City
Hall so that any interested parties can review
and comment on the planned improvements;
and
Whereas, the City will document the basis
for project- specific exemptions from the Com-
plete Street Policy, such as topography, right -
of -way constraints, cost, or other factors.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council does hereby
adopt a Complete Streets Policy, as follows:
1. Develop as many street projects
as possible in an affordable, balanced,
responsible, and equitable way that ac-
commodates and encourages travel by
motorists, bicyclists, public transit vehi-
cles and their passengers, and pedes-
trians of all ages and abilities.
2. Design and construct new facili-
ties in anticipation of likely future de-
mand for bicycling, walking and transit
facilities and not preclude the provision
of future improvements.
3. Design and construct new facili-
ties to the best currently available
standards and guidelines for Complete
Streets and Context - Sensitive Design,
recognizing that topography, cost, and
right -of -way constraints are among the
limiting factors and that not every pro-
ject is a candidate for this desired out-
come.
4. City street maintenance projects
are not subject to this policy.
Section 2. This Complete Streets policy
shall allow for project- specific exemptions to
be approved by the City Council, or the City
Manager where a project does not come be-
fore the City Council.
142 Regular Session, April 18, 2011 Book 141
Passed, approved and adopted this 4th day
of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Long Range Planning Advisory Commis-
sion Liaison: Communication from the Long
Range Planning Advisory Commission re-
questing that the City Council re- evaluate ap-
pointing a City Council Liaison to serve on the
Long Range Planning Advisory Commission.
Motion by Connors to receive and file the doc-
uments. Seconded by Braig. Ms. Braig read a
prepared statement into the Record. Council
reached consensus to reconsider the matter in
the future. Motion carried 7 -0.
Smart Planning Consortium: City Manager
transmitting information from the recent Dubu-
que Region Smart Planning Consortium meet-
ings held on February 9, 2011, and March 9,
2011, as well as the March 2, 2011 public in-
put session with elected and appointed offi-
cials. Motion by Connors to receive and file the
documents. Seconded by Resnick. Planning
Services Manager Laura Carstens stated that
City Council Members are welcome to attend
any and all meetings of the Consortium adding
that the broader, regional approach of the
Consortium relates well to the comprehensive
plans of all participants.
New Name for the Water Pollution Control
Plant: City Manager recommending approval
to name the reconstructed Water Pollution
Control Plant the Water and Resource Recov-
ery Center. Motion by Connors to receive and
file the documents and approve the recom-
mendation. Seconded by Braig. Resnick ex-
pressed disapproval for the new name stating
that it doesn't relate to the purpose of the facili-
ty and may be confused with recycling facili-
ties. Motion carried 6 -1 with Resnick voting
nay.
Southwest Arterial Project — Right -of -Way
Acquisition: City Manager recommending that
the Just Compensation Value (Fair Market
Value) be established for the property to be
acquired for the Southwest Arterial. Motion by
Jones to receive and file the documents and
adopt Resolution No. 125 -11 Establishing the
Fair Market Value of real property for the
Southwest Arterial project, directing good faith
negotiations for the acquisition of property and
authorizing the commencement of eminent
domain proceedings, if necessary, to acquire
property. Seconded by Connors. Motion car-
ried 7 -0.
RESOLUTION NO. 125 -11
ESTABLISHING THE FAIR MARKET VALUE
OF REAL PROPERTY FOR THE
SOUTHWEST ARTERIAL PROJECT,
DIRECTING GOOD FAITH NEGOTIONS FOR
THE ACQUISITION OF PROPERTY AND
AUTHORIZING THE COMMENCEMENT OF
EMINENT DOMAIN PROCEEDINGS, IF
NECESSARY, TO ACQUIRE PROPERTY
Whereas, the City of Dubuque (City) has
caused to be made appraisals of the proper-
ties described below for the Southwest Arterial
Project and the appraised values for the prop-
erties are listed below; and
Whereas, the legal description of each of
the properties to be acquired, the owners and
the appraised value of each of the properties is
listed below; and
Whereas, the City Council has previously
conducted a public hearing on the approval of
and the site location for the Southwest Arterial
Project, approved the project and the acquisi-
tion of all or a part of the property listed below
for the Southwest Arterial Project:
PROPERTY, OWNER(S), APPRAISED
VALUE
Part of Parcel 124 as described on Exhibit
A attached, Sharon L. Bradley, Trustee of the
Sharon L. Bradley Trust dated March 25,
2004, $579,700.00
Part of Parcel 130 as described on Exhibit
B attached, Robert W. Bradley, Trustee of the
Robert W. Bradley Trust dated March 25,
2004,
Part of Parcel 147 as described on Exhibit
C attached, Betty Jean Siegert Tigges,
$20,824.00
Part of Parcel 151a as described on Exhibit
D attached, John L. Knepper, $1.00
Part of Parcel 169s as described on Exhibit
E attached, River City Development, LLC,
$4,700.00
Part of Parcel 170 as described on Exhibit
F attached, Robert L. Simon and Connie F.
Simon, $455,000.00
Part of Parcel 172 as described on Exhibit
G attached, Mt. Olivet Cemetery Association,
$123,780.00
Part of Parcel 173 as described on Exhibit
H attached, Michael D. Lambert and
Chris A. Lambert, $305,000.00
Part of Parcel 174 as described on Exhibit I
attached, David L. Lambert and
Shirley A. Lambert, $410,000.00
Part of Parcel 184 as described on Exhibit
J attached, Jon D. Luckstead, $21,180.00
Part of Parcel 187 as described on Exhibit
K attached, Jon Luckstead, $124,418.00
and;
Whereas, Iowa law requires that the City
make a good faith effort to negotiate with the
owners regarding the purchase before pro-
Book 141 Regular Session, April 4, 2011 143
ceeding with condemnation; and
Whereas, the City may not make an offer
to purchase a property which is less than the
fair market value City has established for the
property; and
Whereas, the City Council now desires to
establish the fair market value for each of the
properties; and
Whereas, the City wishes to acquire the
properties listed for the Southwest Arterial
Project by negotiation or eminent domain pro-
ceedings, if necessary.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The fair market value of each of
the properties listed above is hereby established
to be the amount of its appraised value as listed
above.
Section 2. The City Manager is directed to
enter into good faith negotiations for the acquisi-
tion for each of the above properties, and, if
necessary, commence eminent domain pro-
ceedings to acquire the properties.
Passed, approved and adopted this 4th day
of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Alcohol License Violations: City Manager
recommending adoption of modified liquor
license penalties, which includes a system of
escalating fines and suspension options for
licensees and permittees upon violation. Mo-
tion by Jones to receive and file the docu-
ments and that the requirement that a pro-
posed ordinance be considered and voted on
for passage at two Council meetings prior to
the meeting at which it is to be passed be sus-
pended. Seconded by Braig. Responding to
questions from City Council, Van Milligen stat-
ed that this process creates options for the
licensees and permittees and that the City
looked at the financial impact on businesses to
determine reasonable penalty rates. Motion
carried 7 -0.
Motion by Jones for final consideration and
passage of Ordinance No. 29 -11 Amending
the City of Dubuque Code of Ordinances Title
4 Business and License Regulations, Chapter
2 Liquor Control, Article B Liquor, Beer, and
Wine Licenses and Permits by repealing Sec-
tions 4 -2B -15 Suspension and Revocation
Generally; Grounds and 4 -2B -16 Suspension
and Revocation; Specific Terms, and adopting
new Sections 4 -2B -15 Suspension and Revo-
cation Generally; Grounds and 4 -2B -16 Sus-
pension and Revocation; Specific Terms in lieu
thereof, providing for the suspension and rev-
ocation of alcoholic beverage licenses and the
penalties and remedies for violations. Second-
ed by Braig. Motion carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 29 -11
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 2 LIQ-
UOR CONTROL, ARTICLE B LIQUOR,
BEER, AND WINE LICENSES AND PER-
MITS BY REPEALING SECTIONS 4 -2B -15
SUSPENSION AND REVOCATION GENER-
ALLY; GROUNDS AND 4 -2B -16 SUSPEN-
SION AND REVOCATION; SPECIFIC
TERMS, AND ADOPTING NEW SECTIONS
4 -2B -15 SUSPENSION AND REVOCATION
GENERALLY; GROUNDS AND 4 -2B -16
SUSPENSION AND REVOCATION; SPECIF-
IC TERMS IN LIEU THEREOF, PROVIDING
FOR THE SUSPENSION AND REVOCATION
OF ALCOHOLIC BEVERAGE LICENSES
AND THE PENALTIES AND REMEDIES FOR
VIOLATIONS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 4 -2B -15 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
4- 2B -15: Suspension and Revocation
Generally; Grounds.
A. In addition to the penalties in this
Article, the City Council may suspend a
license or permit issued pursuant to
this Chapter for a period not to exceed
one (1) year, revoke the license or
permit, or impose a civil penalty. Before
suspension, revocation, or imposition of
a civil penalty, the licensee or permittee
must be given written notice and an
opportunity for a hearing.
B. A license or permit issued under
this Chapter may be suspended or re-
voked or a civil penalty may be im-
posed on the licensee or permittee for
any of the following:
1. Misrepresentation of any mate-
rial fact in the application for the li-
cense or permit.
2. Violation of any of the provi-
sions of this Chapter.
3. Any change in the ownership or
interest in the business operated un-
der a class A, class B, or class C liq-
uor control license or any wine or
beer permit, which change was not
previously reported to and approved
by the local authority and /or the Alco-
holic Beverages Division.
4. Any event which would have
resulted in disqualification from re-
ceiving the license or permit when
originally issued.
5. Any sale, hypothecation, or
transfer of the license or permit.
144 Regular Session, April 18, 2011 Book 141
6. The failure or refusal on the
part of the licensee or permittee to
render any report or remit any taxes
when due to the Alcoholic Beverages
Division under this Chapter.
C. A criminal conviction is not a pre-
requisite to suspension, revocation, or
imposition of a civil penalty pursuant to
this Section.
D. The City Council may suspend
any retail wine or beer permit or liquor
control license for a violation of this
Chapter or Chapter 123 of the Code of
Iowa.
E. The City Manager and the City
Attorney may enter into an agreement
with the licensee or permittee for the
days for which a licensee or permittee
may serve a suspension of a license or
permit.
Section 2. Section 4 -2B -16 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
4- 2B -16: Suspension and Revocation;
Specific Terms.
A. The conviction of any liquor con-
trol licensee or wine or beer permittee
for a violation of any of the provisions
of this Chapter is grounds for the sus-
pension or revocation of the license or
permit by the Alcoholic Beverages Divi-
sion or the City. However, if any liquor
control licensee or any wine or beer
permittee is convicted of any violation
of the Code of Iowa, the liquor control
license or wine or beer permit must be
revoked and must be immediately sur-
rendered by the holder and the bond of
the licensee or permittee must be for-
feited to the Alcoholic Beverages Divi-
sion.
B. If any licensee, wine or beer
permittee, or an employee of such li-
censee or permittee is convicted of a
violation of this Chapter or Chapter 123
of the Code of Iowa, the City must, in
addition to the other penalties fixed for
such violations of this Section, assess
a penalty as follows:
1. First Violation: The licensee
or permittee must pay a civil penalty
in the amount of five hundred dol-
lars ($500.00) or serve a fourteen
(14) day suspension of the license
or permit. Failure to pay the civil
penalty will result in automatic sus-
pension of the license or permit for
a period of fourteen (14) days.
2. Second Violation (within a pe-
riod of two (2) years): The licensee
or permittee must:
a. Pay a one thousand five-
hundred dollar ($1,500) civil pen-
alty and serve a thirty (30) day
suspension of the license or per-
mit; however, in lieu of the fine
and suspension, the licensee or
permittee may:
(1) Pay a five thousand
dollar ($5,000) civil penalty
and serve a thirty (30) day
suspension of which sixteen
(16) days will be suspended,
on the condition that the licen-
see or permittee receive no
further violations for a twelve
(12) consecutive month proba-
tionary period. If there is a vio-
lation within the twelve (12)
month probationary period,
upon service of notice by the
City, the sixteen (16) days
which were suspended must
be served by the licensee or
permittee as agreed upon by
the Chief of Police; or,
(2) Pay a seven thousand
five - hundred dollar ($7,500)
civil penalty and serve a thirty
(30) day suspension of which
twenty -three (23) days will be
suspended, on the condition
that the licensee or permittee
receive no further violations
for a twelve (12) consecutive
month probationary period,
together with two (2) of the fol-
lowing conditions selected by
the licensee or permittee with
the approval of the Chief of
Police:
i. Terminate the em-
ployee who acted illegally.
ii. Purchase and use
identification scanners for
use on all alcohol sales.
iii. All employees at the
time of the violation who
may serve alcohol and
continue their employment
with the licensee or permit -
tee must be trained in
Training for Intervention
Procedures (TIPS) or oth-
er training approved by the
City within ninety (90) days
and all new employees
hired within two (2) years
who may serve alcohol
must receive training with-
in thirty (30) days of their
hire date.
iv. Use wristbands for
patrons twenty -one (21)
Book 141 Regular Session, April 4, 2011 145
years of age and older.
v. Hire staff to check
the identification of all pa-
trons as they enter the es-
tablishment for days of the
week and hours as deter-
mined by the Chief of Po-
lice.
vi. Purchase, install,
and use a system which
scans photo identifications
and records a photograph
of the identification and the
individual using the identi-
fication to secure entrance
into the business, or other
electronic system as ap-
proved by the Chief of Po-
lice.
vii. Such other condi-
tions as agreed upon be-
tween the licensee or
permittee and the Chief of
Police.
If there is a violation
within the twelve (12)
month probationary period,
upon service of notice by
the City, the twenty -three
(23) days which were sus-
pended must be served by
the licensee or permittee
as agreed upon by the
Chief of Police; or,
(3) Pay a fifteen thousand
dollar ($15,000) civil penalty
and serve a thirty (30) day
suspension of which thirty (30)
days will be suspended, on
the condition that the licensee
or permittee receive no further
violations for a twelve (12)
consecutive month probation-
ary period, together with three
(3) of the following conditions
selected by the licensee or
permittee with the approval of
the Chief of Police:
i. Terminate the em-
ployee who acted illegally.
ii. Purchase and use
identification scanners for
use on all alcohol sales.
iii. All employees at the
time of the violation who
may serve alcohol and
continue their employment
with the licensee or permit -
tee must be trained in
Training for Intervention
Procedures (TIPS) or oth-
er training approved by the
City within ninety (90) days
and all new employees
hired within two (2) years
who may serve alcohol
must receive the training
within thirty (30) days of
their hire date.
iv. Use wristbands for
patrons twenty -one (21)
years of age and older.
v. Hire staff to check
the identification of all pa-
trons as they enter the es-
tablishment for days of the
week and hours as deter-
mined by the Chief of Po-
lice.
vi. Purchase, install,
and use a system which
scans photo identifications
and records a photograph
of the identification and the
individual using the identi-
fication to secure entrance
into the business, or other
electronic system as ap-
proved by the Chief of Po-
lice.
vii. Such other condi-
tions as agreed upon be-
tween the licensee or
permittee and the Chief of
Police.
If there is a violation
within the twelve (12)
month probationary period,
upon service of notice by
the City, the thirty (30)
days which were sus-
pended must be served by
the licensee or permittee
as agreed upon by the
Chief of Police.
3. Third Violation (within a peri-
od of two (2) years): The licensee
or permittee must:
a. Pay a one thousand five
hundred dollar ($1,500) civil pen-
alty and serve a sixty (60) day
suspension of the license or per-
mit; however, in lieu of the fine
and suspension, the licensee or
permittee may:
(1) Pay a fifteen thou-
sand dollar ($15,000) civil
penalty and serve a sixty
(60) day suspension of
which thirty (30) days will be
suspended, on the condition
that the licensee or permit -
tee receive no further viola-
tions for a twelve (12) con-
146 Regular Session, April 18, 2011 Book 141
secutive month probationary
period, together with the fol-
lowing conditions:
i. Terminate the em-
ployee who acted illegally.
ii. Purchase and use
identification scanners for
use on all alcohol sales.
iii. All employees at the
time of the violation who
may serve alcohol and
continue their employment
with the licensee or permit -
tee must be trained in
Training for Intervention
Procedures (TIPS) or oth-
er training approved by the
City within ninety (90) days
and all new employees
hired within two (2) years
who may serve alcohol
must receive the training
within thirty (30) days of
their hire date.
iv. Use wristbands for
patrons twenty -one (21)
years of age and older.
v. Hire staff to check
the identification of all pa-
trons as they enter the es-
tablishment for days of the
week and hours as deter-
mined by the Chief of Po-
lice.
vi. Purchase, install,
and use a system which
scans photo identifications
and records a photograph
of the identification and the
individual using the identi-
fication to secure entrance
into the business, or other
electronic system as ap-
proved by the Chief of Po-
lice.
vii. Such other condi-
tions as agreed upon be-
tween the licensee or
permittee and the Chief of
Police.
If there is a violation
within the twelve (12)
month probationary period,
upon service of notice by
the City, the thirty (30)
days which were sus-
pended must be served by
the licensee or permittee
as agreed upon by the
Chief of Police.
4. Fourth Violation (within a pe-
riod of two (2) years): The licen-
see's or permittee's liquor control li-
cense or wine or beer permit must
be revoked.
C. For purposes of the probationary
period in (B)(2) and (B)(3), the rein-
statement of the suspension does not
require a conviction.
Section 3. This Ordinance takes effect up-
on publication.
Passed, approved and adopted the 4th day
of April, 2011.
/s /Roy D. Buol, Mayor
Attest:
/s /Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 8tn day of April, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
PUBLIC INPUT
David Hammer, 720 Laurel Street, ex-
pressed opposition to the City's requirement
that the residents of Laurel Street hook up to
the City's sanitary sewer system. Hammer
added that most of the homes are below the
sewer system which will require electric pumps
and create other problems.
Van Milligen stated that the City has a
meeting scheduled with the Laurel Street resi-
dents and the project will come before the
Council. He added that the City is implement-
ing an existing policy.
Stacie Neldaughter, 1605 Lincoln Avenue,
expressed her concerns over the process and
disapproval of her request for a proclamation
commemorating Gay Pride Month.
Mayor Buol reiterated the process for sub-
mitting a proclamation and informed Ms. Nel-
daughter that requests require a local connec-
tion. If she was able to provide that, he would
consider the proclamation for June 2011.
Randy Vannorsdel, 11856 Irene Lane,
spoke in opposition to proclaiming a Gay Pride
Month and thanked Council for their support of
a Complete Streets policy.
There being no further business, upon mo-
tion the City Council adjourned at 8:17 p.m.
/s /Kevin S Firnstahl
Assistant City Clerk
Book 141 Regular Session, April 18, 2011 147
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in regular
session at 6:30 p.m. on April 18, 2011 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton, 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 MonthNVeek 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; Com-
munity 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. Con-
nors requested ( #1) Minutes and Reports be
held for separate discussion. Jones requested
( #3) Citizen Communications be held for sepa-
rate discussion. Braig requested ( #15)
Amendment to Collective Bargaining Agree-
ment — 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 Pro-
ceedings 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 or-
ganizations 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 proper-
ty 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 dam-
age. Upon motion the documents were re-
ceived, 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 Com-
munities 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 re-
garding the pollution problem in Dubuque.
Communication from Gary R. Kircher, 312
East 22od Street, regarding the Veterans' Me-
morial Plaza on Chaplain Schmitt Island.
Communication from Steven A. Krieg,
1576 Bies Drive, regarding a water main ex-
tension and water runoff on Bies Drive.
Motion by Jones to receive and file the
documents and refer to the City Manager. Se-
conded by Braig. Jones spoke in support of
the communication from Gary Kircher regard-
ing additional directional and memorial sign -
age for the Veterans' Memorial Plaza. Motion
carried 7 -0.
Public Transit Infrastructure Grant (PTIG)
Program: City Manager recommending ap-
proval 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 ap-
proved.
148 Regular Session, April 18, 2011 Book 141
Federal Emergency Management Agency
(FEMA): Communication from Richard Leon-
ard, FEMA, advising that the City's PAL desig-
nation will expire on May 17, 2011 and that all
necessary documentation required demon-
strating that the Dubuque Local Flood Protec-
tion Project Levee is in full compliance with
Code of Federal Regulations needs to be
submitted by that date. Upon motion the doc-
ument 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 Op-
portunity, 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 mo-
tion the documents were received and filed
and Resolution No. 126 -11 Approving the ac-
quisition 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 recom-
mended in the 2001 "Drainage Basin Master
Plan;" and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled 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 legal-
ly 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 Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 18th
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 ap-
proval of an Iowa Department of Transporta-
tion Agreement for Urban -State Traffic Engi-
neering 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 (AGREE-
MENT NO. 06- 11- USTEP -03) BETWEEN THE
IOWA DEPARTMENT OF TRANSPORTA-
TION AND THE CITY OF DUBUQUE FOR
THE US 61/151 CORRIDOR PROJECT
Whereas, the Iowa Department of Trans-
portation (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 inter-
section; and
Whereas, the Iowa DOT Urban -State Traf-
fic Engineering Program (U -STEP) funds will
be eligible to complete said improvements to
the US 61/151 Corridor Project, within Dubu-
que 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) be-
Book 141 Regular Session, April 18, 2011 149
tween the City of Dubuque and the Iowa De-
partment of 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 installa-
tions and signal interconnect between inter-
sections.
Section 2. That the Mayor be authorized
and directed to execute two copies of Iowa
DOT Agreement for Urban -State Traffic Engi-
neering Program (U -STEP) Project (Agree-
ment 6- 11- USTEP -03) for the US 61/151 Cor-
ridor Project in Dubuque.
Passed, approved and adopted this 18th
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 Licens-
es for PTC LLC to keep and maintain the exist-
ing encroachments of the loading dock, gas
meter and protective pillars in the public right -
of -way of Pine Street behind the Eagle Coun-
try Market on 1800 Elm Street. Upon motion
the documents were received, filed, and ap-
proved.
Carnegie -Stout Public Library Renovation
Project — Contract No. 12: City Manager rec-
ommending 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 Carne-
gie -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 PUB-
LIC LIBRARY RENOVATION PROJECT,
CONTRACT NO. 12 — ELECTRICAL SYS-
TEMS AND AUTHORIZING THE PAYMENT
OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract
for the Carnegie -Stout Public Library Renova-
tion Project, Contract No. 12 — Electrical Sys-
tems (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 Engi-
neer recommends that the Project be accept-
ed.
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), Li-
brary Renovation General Funds, Library
Fund - Raising (cash and pledges), Curtis Col-
lection Sale, and Heade Painting Sale appro-
priations 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.
Passed, approved and adopted this 18th
day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE CARNEGIE -STOUT
PUBLIC LIBRARY RENOVATION PROJECT,
CONTRACT NO. 12 — ELECTRICAL SYS-
TEMS
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 — Electri-
cal Systems, that the Project has been per-
formed in compliance with the terms of the
Public Improvement Contract, and that the
total cost of the completed work is
$1,142,863.37.
Dated this 18th day of April, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 18th
day of April, 2011.
Kevin S. Firnstahl, Assistant City Clerk
Environmental Covenant — Former Dubu-
que Hardwoods Site: City Manager recom-
mending approval of an Environmental Cove-
nant on Lot 2 Riverwalk Ninth Addition (former
Dubuque Hardwoods site) in the Port of Dubu-
que 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 ENVIRON-
MENTAL 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 envi-
ronmental contamination is at a level that does
not require additional monitoring; and
150 Regular Session, April 18, 2011 Book 141
Whereas, the Iowa Department of Natural
Resources requires an environmental cove-
nant 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 Cove-
nant for Lot 2 of Riverwalk Ninth Addition is
hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute said Cove-
nant 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 Record-
er's Office.
Passed, approved and adopted this 18th
day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
State of Iowa Financial Assistance Applica-
tion for Flexsteel Industries, Inc.: City Manager
recommending approval of a Financial Assis-
tance 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 De-
velopment Agreement that is a separate agen-
da 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.
RESOLUTION NO. 130 -11
AUTHORIZING THE FILING OF AN APPLI-
CATION FOR STATE FINANCIAL ASSIS-
TANCE ON BEHALF OF FLEXSTEEL IN-
DUSTRIES, 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, lo-
wa, has considered said proposal and has
determined that the proposed project will con-
tribute to the local economy through the reten-
tion of 101 jobs and the creation of 10 addi-
tional jobs; and
Whereas, the Iowa Department of Eco-
nomic Developments Financial Assistance
Program was designed to assist in the eco-
nomic development efforts of local jurisdic-
tions; and
Whereas, the City of Dubuque, Iowa, is eli-
gible to apply for funding from the Iowa De-
partment of Economic Development Depart-
ment'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 au-
thorized to execute and the City Manager is
hereby directed to submit said application to
the Iowa Department of Economic Develop-
ment together with such documents as may be
required.
Passed, approved, and adopted this 18th
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 Mainte-
nanceworkers 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 docu-
ments and approve the recommendation. Se-
conded 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.
Fifth Street Parking Ramp Re- Lighting: City
Manager transmitting information regarding the
retro fitting of the lighting in the Fifth Street
Book 141 Regular Session, April 18, 2011 151
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 ap-
proved.
Julien's Journal: Copy of March 2011 arti-
cle 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 Ener-
gy Independence, in partnership with seven
communities who are members of the Metro-
politan 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 recom-
mended in the 2001 "Drainage Basin Master
Plan;" and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled 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 legal-
ly 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 Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 18th
day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Historic Preservation Commission: Com-
munication from Peggy Stover submitting her
resignation from the Historic Preservation
Commission. Upon motion the document was
received and filed and the resignation accept-
ed.
Human Rights Commission: Communica-
tion 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 selec-
tion of Eide Bailly, LLP to provide audit ser-
vices for the City of Dubuque for a five -year
period. Upon motion the documents were re-
ceived, filed, and approved.
Alcohol Compliance — Civil Penalty for Al-
cohol License Holder: City Manager recom-
mending acceptance of the Acknowledge -
ment/Settlement Agreement for Cookin' Some-
thing Up for their first offense alcohol compli-
ance 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 Appli-
cations: City Manager recommending approval
of annual liquor license and cigarette permit
renewals as submitted. Upon motion the doc-
uments 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,
152 Regular Session, April 18, 2011 Book 141
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 Ciga-
rettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Ciga-
rette Papers within said City.
NEW
Let's Roll Tobacco, Let's Roll Tobacco I.A.,
3430 Dodge Street
Passed, approved and adopted this 18th
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 exam-
ined and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Beer Permit.
CLASS "B" BEER PERMIT
Dubuque Catfish Festival, Catfish Festival
+(Sunday Sale), A.Y. McDonald Park
City of Dubuque, McAleece Park/Rec.
Complex +(Sunday Sale), 1801 Admiral
Sheehy Dr.
Passed, approved and adopted this 18th
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 ap-
proval 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 Ordi-
nances 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 +(Sunday /Outdoor Sale), 1800
Randall Place
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. 16th 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 Ar-
boretum 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 lnternational
City Manager's Association Fellows in attend-
ance, 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 pub-
lic 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 con-
sider 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 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.
Book 141 Regular Session, April 18, 2011 153
RESOLUTION NO. 135 -11
RESOLUTION FIXING DATE FOR A MEET-
ING 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 resolu-
tion approved on October 19, 2009, the City
Council of the City of Dubuque, Iowa has pre-
viously 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 in-
spection 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 im-
provement 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 improve-
ments including the construction and installa-
tion of watermain extensions, ADA improve-
ments, back -up power supply and water con-
sumption studies and engineering; and
Whereas, pursuant to a hearing duly held
under Iowa Code Section 384.25 and a resolu-
tion approved on August 16, 2010, the City
Council of the City of Dubuque, Iowa has pre-
viously 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 im-
provements and extensions to the municipal
sanitary sewer and storm water drainage sys-
tems; equipping the sanitation and road de-
partments; 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 installa-
tion of street lighting fixtures, connections and
facilities; street improvements, including instal-
lation of fiber optic conduit; and refunding and
refinancing of certain outstanding indebted-
ness of the City, including the General Obliga-
tion 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 Pro-
ceeds") be applied for the purpose of funding
the local match for the purchase of transit bus-
es (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 speci-
fied under Iowa law for consideration or ap-
proval of such a reallocation, it is hereby de-
termined, 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 Un-
spent Proceeds to provide funds for the Pro-
jects.
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,
Dubuque, Iowa, at 6:30 o'clock P.M., on the
god day of May, 2011, for the purpose of taking
action on the matter of the proposed realloca-
tion 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 di-
rected to cause one publication to be made of
notice of said meeting, in a legal newspaper,
printed wholly in the English language, pub-
lished at least once weekly, and having gen-
eral 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 ac-
tion shall be in substantially the [provided]
form:
Passed and approved this 18th 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 Pro-
ject 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
154 Regular Session, April 18, 2011 Book 141
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 advertise-
ment for bids for the 2011 Sewer Cured -in-
Place Pipe (CIPP) Lining Project was adopted
setting a public hearing for a meeting to com-
mence at 6:30 p.m. on May 2, 2011 in the His-
toric 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, SPECI-
FICATIONS, 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 Sew-
er 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.
A public hearing will be held on the 2od day
of May, 2011, at 6:30 p.m. in the Historic Fed-
eral Building Council Chambers at which time
interested persons may appear and be heard
for or against the proposed plans and specifi-
cations, 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 pub-
lished in a newspaper having general circula-
tion 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 con-
tract, 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.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements 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
before 2:00 p.m. on the 5th day of May, 2011.
Bids shall be opened and read by the City
Clerk at said time and will be submitted to the
City Council for final action at 6:30 p.m. on the
l6t day of May, 2011, in the Historic Federal
Building Council Chambers (second floor), 350
West 6 Street, Dubuque, Iowa.
Passed, adopted and approved this 18th
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 rehabilitate the Engine House #1
building (18th Street), which formerly housed
the Housing Department offices. Upon motion
the documents were received and filed and
Resolution No. 137 -11 (1) Approving the min-
imum 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) Deter-
mining 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 pro-
posals are submitted; and (3) Soliciting com-
peting 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 MINI-
MUM REQUIREMENTS, COMPETITIVE CRI-
TERIA, AND OFFERING PROCEDURES
FOR THE DEVELOPMENT OF CERTAIN
REAL PROPERTY AND IMPROVEMENTS IN
THE PROPOSED EXPANSION AREA OF
THE GREATER DOWNTOWN URBAN RE-
NEWAL DISTRICT; (2) DETERMINING THAT
THE DEVELOPMENT AGREEMENT SUB-
MITTED BY ENGINE HOUSE #1, LLC SAT-
ISFIES THE OFFERING REQUIREMENTS
WITH RESPECT TO THE REAL PROPERTY
AND IMPROVEMENTS AND DECLARING
THE INTENT OF THE CITY COUNCIL TO
APPROVE THE DEVELOPMENT AGREE-
MENT WITH ENGINE HOUSE #1, LLC IN
THE EVENT THAT NO COMPETING PRO-
POSALS ARE SUBMITTED; AND (3) SOLIC-
ITING COMPETING PROPOSALS.
Whereas, the City Council of Dubuque, lo-
Book 141 Regular Session, April 18, 2011 155
wa, 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 Dis-
trict") 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 ( "Devel-
oper") has submitted to the City a Develop-
ment Agreement with a proposal for the pur-
chase of certain real property and improve-
ments hereinafter described and owned by the
City of Dubuque, and for the renovation and
rehabilitation of the building located on such
property as described therein (the "Develop-
ment Agreement "), together with the request
that this property be made available for pur-
chase as rapidly as possible; and
Whereas, the real estate and building pro-
posed to be purchased and developed is lo-
cated on Lot 1 of Engine House No. 1 Subdivi-
sion in the City of Dubuque, Dubuque County,
Iowa (the "Property "), according to the record-
ed Plat thereof, subject to easements and re-
strictions 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 includ-
ed in the District; and
Whereas, the City Council therefore has
determined to establish reasonably competi-
tive bidding procedures for the disposition of
the Property, in accordance with those pre-
scribed in Iowa Code Chapter 403, specifically,
Section 403.8, and to assure that the City ex-
tends a full and fair opportunity to all develop-
ers 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 pro-
posal for renovation of the Property, as de-
scribed above, and to give full and fair oppor-
tunity to other developers interested in submit-
ting 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 accord-
ance with the Development
Agreement;
2) Approve the minimum require-
ments and competitive criteria
included herein;
3) Approve as to form the Devel-
opment Agreement on file in the
City Clerk's office;
4) Set a date for receipt of compet-
ing proposals and the opening
thereof;
5) Declare that the proposal submit-
ted by Developer satisfies the
minimum requirements of the of-
fering, 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 Agree-
ment; and direct publication of
notice of said intent;
6) Approve and direct publication of
a notice to advise any other per-
son of the opportunity to com-
pete 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 sub-
mitted and accepted, another
and future notice will be pub-
lished 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 expedi-
tiously 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 build-
ing 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 Central
Avenue (the "Property ") shall be offered for
sale in accordance with the terms and condi-
tions contained in this Resolution.
Section 2. That it is hereby determined that
in order to qualify for consideration for selec-
tion, any person must submit a proposal which
meets these minimum requirements:
a) Contains an agreement to pur-
chase the Property at not less
than its fair market value;
b) Contains a commitment to de-
velop and rehabilitate the Proper-
ty for zoning uses currently al-
lowed on the Property;
c) Sets out or provides to the satis-
faction of the City Council the
156 Regular Session, April 18, 2011 Book 141
experience of the principals and
key staff who will be directly en-
gaged in performance of the
contract with the City, and their
experience in carrying out pro-
jects of similar scale and charac-
ter; and
d) Meets, at a minimum, the terms
and conditions of the Develop-
ment 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 ar-
rangements with non - profit ten-
ants acceptable to the City for
use of the renovated building.
Section 3. That the Development Agree-
ment by and between the City and the Devel-
oper 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 De-
velopment 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 Im-
provements in a timely manner;
c) Payment of Economic Devel-
opment 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 pro -
poser's financial ability to complete the project.
The City is under no obligation to provide fi-
nancing to any purchaser of the Property.
Section 5. That the Development Agree-
ment 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 ac-
cept 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 cove-
nants, conditions and obligations being as-
sumed by the Developer under the Develop-
ment 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 inten-
tion of this Council, in the event that no other
qualified proposals are timely submitted, to
accept the proposal of the Developer to pur-
chase the Property and to approve the Devel-
opment 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, shall be a true copy of this Resolu-
tion, but without the attachments referred to
herein, except Exhibit B.
Section 11. That the City Clerk is author-
ized and directed to secure immediate publica-
tion of said official notice in the Telegraph
Herald, a newspaper having a general circula-
tion in the community, by publication of the text
of this Resolution without attachments on or
before the 22od 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 reasona-
ble 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 ac-
Book 141 Regular Session, April 18, 2011 157
cording to the procedure hereinabove speci-
fied for receipt of such proposals and to pro-
ceed 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 mini-
mum 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 de-
velopment, its architectural design and space
amenities, the economic feasibility of the pro-
posed 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 de-
velopment on the community and City resi-
dents, 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 quali-
fied 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.
Passed, approved and adopted this 18th
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 docu-
ments 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.
RESOLUTION NO. 138 -11
FINDING THAT THE DESIGNATION OF THE
PARAGON SQUARE URBAN REVITALIZA-
TION PLAN IS NECESSARY IN THE INTER-
EST 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 Para-
gon Square II LLC have purchased the proper-
ties to create multi - family residential rental
housing and requests the establishment of an
urban revitalization district; and
Whereas, the area proposed for designa-
tion 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 archi-
tecture 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 re-
development 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 Ur-
ban 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 at-
tached hereto, shall be a matter of record and
shall be available for pubic inspection in the
office of the City Clerk at City Hall, 50 West
13th 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 re-
view 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 Council Chambers, 2od Floor, Historic Fed-
eral Building, Dubuque, Iowa 52001; and
Section 6. That the owners of record will be
notified by the thirtieth day prior to the public
hearing.
Passed, approved and adopted this 18th
day of April, 2011.
Roy D. Buol, Mayor
158 Regular Session, April 18, 2011 Book 141
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). Ap-
plicants: Amy Eudaley, 950 Wood Street; Pa-
tricia Rogaskie, 1502 '/% Elm Street (Additional
Applicant); Regine Ronek, 2282 White Street
(Additional Applicant). Motion by Jones to re-
ceive 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 requested that the applicants be al-
lowed 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 al-
lowing 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 Ad-
visory Commission recommending approval.
Motion by Jones to receive and file the docu-
ments and that the requirement that a pro-
posed ordinance be considered and voted on
for passage at two Council meetings prior to
the meeting at which it is to be passed be sus-
pended. Seconded by Braig. Dubuque Rescue
Mission Executive Director, Richard Mihm,
spoke in support of the request. Planning Ser-
vices Manager Laura Carstens provided a staff
report. Zoning Advisory Commission Chairper-
son 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 Ordi-
nances, Unified Development Code, by reclas-
sifying hereinafter described property located
at 2505 Elm Street from R -2A Alternate Two -
Family Residential District to OR Office Resi-
dential 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 ORDI-
NANCES, UNIFIED DEVELOPMENT CODE,
BY RECLASSIFYING HEREINAFTER DE-
SCRIBED 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 Devel-
opment Code, is hereby amended by reclassi-
fying 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 Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. This Ordinance shall take effect
upon publication, as provided by law.
Passed, approved and adopted this 18th
day of April, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Jeanne F. Schneider, CMC, City
Clerk
Published officially in the Telegraph Herald
Newspaper the 22od 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 proper-
ty in the Port of Dubuque to Flexsteel Indus-
tries, Inc., for the purpose of constructing a
40,000 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 in-
formation and adopt Resolution No. 139 -11
Approving a Development Agreement provid-
ing 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 ques-
tions 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
Book 141 Regular Session,
April 18, 2011 159
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 APPLI-
CATION FOR STATE FINANCIAL ASSIS-
TANCE ON BEHALF OF FLEXSTEEL IN-
DUSTRIES, 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, Io-
wa, has considered said proposal and has
determined that the proposed project will con-
tribute to the local economy through the reten-
tion of 101 jobs and the creation of 10 addi-
tional jobs; and
Whereas, the Iowa Department of Eco-
nomic Developments Financial Assistance
Program was designed to assist in the eco-
nomic development efforts of local jurisdic-
tions; and
Whereas, the City of Dubuque, Iowa is eli-
gible to apply for funding from the Iowa De-
partment of Economic Development Depart-
ment'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 con-
sisting 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 au-
thorized to execute and the City Manager is
hereby directed to submit said application to
the Iowa Department of Economic Develop-
ment together with such documents as may be
required.
Passed, approved, and adopted this 18th
day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fiscal Year 2011 Third Budget Amend-
ment: Proof of publication on notice of public
hearing to consider adoption of the Fiscal Year
2011 Third Budget Amendment and City Man-
ager 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:
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: (Continued)
160 Regular Session, April 18, 2011
Book 141
Passed this 18"' day of April, 2011.
Roy D. Buol, Mayor
Jeanne F. Schneider, CMC, City Clerk
Total Budget
as certified
or last amended
Current
Amendment
Total Budget
after Current
Amendment
Revenues & Other Financing Sources
19,177,697
0
19,177,697
Taxes Levied on Property 1
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
273,949,671
8,680,290
24,856,265
105,400,193
298,805,936
Total Revenues and Other Sources 14
Expenditures & Other Financing Uses
23,844,906
58,382
23,903,288
Public Safety 15
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
299,380,409
8,584,237
26,128,367
38,105,298
325,508,776
Total Expenditures /Transfers Out 27
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
Passed this 18"' day of April, 2011.
Roy D. Buol, Mayor
Jeanne F. Schneider, CMC, City Clerk
Book 141 Regular Session, April 18, 2011 161
Kaufmann Avenue Utility Project (John F.
Kennedy Road to Chaney Road): Proof of pub-
lication 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 ap-
proval. 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. Re-
sponding 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 UTIL-
ITY 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 esti-
mated amount $247,201.18, are hereby ap-
proved.
Passed, adopted and approved this 18th
day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
Preliminary Plat — Liberty Subdivision: Zon-
ing Advisory Commission recommending ap-
proval of the preliminary plat of Liberty Subdi-
vision waiving the paving width of the pro-
posed 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 resi-
dents, 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 request-
ed that the request be denied or tabled. Re-
sponding to questions from City Council, Zon-
ing 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 ac-
cess. City Engineer Gus Psihoyos stated that
the street could be widened through property
acquisition and the use of retaining walls add-
ing that it would an assessable project. Devel-
opment 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 develop-
ment. Motion carried 5 -2 with Braig and Res -
nick voting nay.
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 pro-
jects 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 Agree-
ment with IBM: City Manager recommending
approval of an amended IBM Joint Develop-
ment 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 de-
velop the Sustainable Dubuque Watershed
Network. Motion by Connors to receive and file
the documents and approve the recommenda-
tion. Responding to questions from City Coun-
cil, 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 grad-
uate 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 rec-
ommending approval of the selection of Rental
162 Regular Session, April 18, 2011 Book 141
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 docu-
ments and approve the recommendation. Se-
conded by Connors. Responding to questions
from City Council, Assistant Police Chief Terry
Tobin stated that the contract prices are guar-
anteed 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 Man-
ager 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 Ma-
rine 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 car-
ried 7 -0.
RESOLUTION NO. 142 -11
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE PORT OF DUBUQUE MA-
RINA PROJECT, BID PACKAGE 1 — TRAN-
SIENT DOCKS AND UTILITIES
Whereas, sealed proposals have been
submitted by contractors for the Port of Dubu-
que 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 Dubuque, Iowa, on the 10th day of March,
2011.
Whereas, said sealed proposals were
opened and read on the 11th 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, 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.
Passed, approved and adopted this 18th
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 dis-
continue 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 rec-
ommended 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 rea-
sons 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 Confer-
ence: City Manager recommending approval of
a contract with Sustainable Cities Network for
the Growing Sustainable Communities Con-
ference. Motion by Connors to receive and file
the documents and approve the recommenda-
tion. 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 request-
ing $25,000 in funding of healthy local foods
projects. Motion by Connors to receive and file
the documents and approve the recommenda-
tion. 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 applica-
tion to the EPA Environmental Justice Small
Grant program. Motion by Braig to receive and
file the documents and approve the recom-
mendation. Seconded by Connors. Respond-
ing to questions from City Council, Van Milli -
gen 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.
Book 141 Regular Session, May 2, 2011 163
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 recommenda-
tion. Seconded by Jones. Motion carried 7 -0.
CLOSED SESSION
Motion by Jones at 9:34 p.m. to enter into
closed session regarding pending litigation,
property acquisition, and professional compe-
tency pursuant to Chapter 21.5(1)(c)(11(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 mo-
tion the City Council adjourned at 10:42 p.m.
Jeanne F. Schneider, CMC
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in regular
session at 6:30 p.m. on May 2, 2011 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members
Sutton, Braig, Connors, Jones, Resnick, City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Lynch
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 Father Tom
Zinkula of Holy Spirit Pastorate.
SWEARING IN
Mayor Pro -Tem Lynn Sutton
PROCLAMATIONS
Bike to Work Week (May 16 -20, 2011) was
accepted by Mike Loebach and Candace Eu-
daley, Co- Chairs of the Bike to Work Week
Committee for the Tri -State Trails Vision, 7600
Commerce Park; National Train Day (May 7,
2011) was accepted by Ed Sheppley, 2590 St.
Anne Drive, and Jack Paisley, 816 Euclid
Street; Preservation Month (May 2011) was
accepted by Historic Preservation Commission
Chairperson David Klavitter.
CONSENT ITEMS
Motion by Connors to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Resnick. Braig
requested ( #21) Serve America be held for
separate discussion. Motion carried 6 -0.
Minutes and Reports Submitted: Arts and
Cultural Affairs Advisory Commission 3/22;
City Council of 4/18; Historic Preservation
Commission of 4/21; Housing Commission of
3/29; Human Rights Commission of 3/10; Long
Range Planning Advisory Commission of 4/20
Library Board of Trustees Update from
Meeting of March 24, 2011
Proof of Publication of City Council Pro-
ceedings of April 4, 2011
Upon motion the documents were received
and filed.
164 Regular Session, May 2, 2011 Book 141
Notice of Claims/Suits: Keith Bonnet for
vehicle damage; Janice A. Leonard - Harrington
for personal injury; Carolyn Leute for personal
injury. Upon motion the documents were re-
ceived, 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 Com-
munities Assurance Pool: Keith Bonnet for
vehicle damage; Janice Leonard - Harrington
for personal injury; Carolyn Leute for personal
injury; Joyce Terris for property damage; Lois
Weinschenk for property damage. Upon mo-
tion the documents were received, filed, and
concurred.
Mediacom: Communication from Media -
com Senior Manager of Government Relations
Lee Grassley advising the City of Dubuque of
changes in programming. Upon motion the
document was received and filed.
United States Department of State: Com-
munication from Kerri -Ann Jones, Assistant
Secretary of State for Oceans and Internation-
al Environmental and Scientific Affairs, re-
sponding to the City's request for a Supple-
mental Environmental Impact Statement (EIS)
for the Keystone XL pipeline. Upon motion the
documents were received and filed.
Civic Center Commission: Communication
from Marilynne Field submitting her resignation
from the Civic Center Commission. Upon mo-
tion the document was received and filed and
the resignation accepted.
Substance Abuse Services Center (SASC):
Substance Abuse Services Center Executive
Director Diane K. Thomas submitting the
SASC Third Quarter Report. Upon motion the
documents were received and filed.
Lead Hazard and Healthy Homes Program:
City Manager recommending approval of the
execution of the amendments to the contracts
for the Lead Hazard and Healthy Homes Pro-
gram awards through the U.S. Department of
Housing and Urban Development. Upon mo-
tion the documents were received, filed, and
approved.
Purchase of Property — 1753 Washington
Street: City Manager recommending purchase
of property at 1753 Washington Street for de-
construction and removal. Upon motion the
documents were received and filed and Reso-
lution No. 143 -11 Approving the acquisition of
real estate located at 1753 Washington Street
in the City of Dubuque was adopted.
RESOLUTION NO. 143 -11
APPROVING THE ACQUISITION OF REAL
ESTATE LOCATED AT 1753 WASHINGTON
STREET, IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to
acquire certain properties located in the Wash-
ington Neighborhood Revitalization Area for
the purpose of clearance of blighted struc-
tures; and
Whereas, a purchase agreement has been
finalized with the owner.
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 legal-
ly described property:
North '/% , and the North 2 feet of the South
'/% of Lot 89 in East Dubuque, an Addition in
the City of Dubuque, Iowa according to the
recorded plats thereof at the cost of Forty -
three thousand dollars ($43 000).
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 he 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 he is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this god day
of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Carnegie -Stout Public Library Renovation
Project: City Manager recommending ac-
ceptance of the construction contract for the
Carnegie -Stout Public Library Renovation Pro-
ject — Contract No. 3 as completed by Dubu-
que Glass Company in the final amount of
$292,177. Upon motion the documents were
received and filed and Resolution No. 144 -11
Accepting the Carnegie -Stout Public Library
Renovation Project, Contract No. 3 — Alumi-
num Entrances, Skylights & Glazing Systems,
and authorizing the payment of the contract
amount to the contractor was adopted.
RESOLUTION NO. 144 -11
ACCEPTING THE CARNEGIE -STOUT PUB-
LIC LIBRARY RENOVATION PROJECT,
CONTRACT NO. 3 — ALUMINUM EN-
TRANCES, SKYLIGHTS & GLAZING SYS-
TEMS, AND AUTHORIZING THE PAYMENT
Book 141 Regular Session, May 2, 2011 165
OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract
for the Carnegie -Stout Public Library Renova-
tion Project, Contract No. 3 — Aluminum En-
trances, Skylights & Glazing Systems (the
Project) has been completed and the City En-
gineer has examined the work and filed a cer-
tificate stating that the Project has been com-
pleted according to the terms of the Public
Improvement Contract and that the City Engi-
neer recommends that the Project be accept-
ed.
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), Li-
brary Renovation General Funds, Library
Fund - Raising (cash and pledges), Curtis Col-
lection Sale, and Heade Painting Sale appro-
priations for the contract amount of
$292,177.00 less any retained percentage
provided for therein as provided in Iowa Code
Chapter 573, and to pay such retainage only in
accordance with the provisions of Iowa Code
Chapter 573.
Passed, approved and adopted this god day
of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE CARNEGIE -STOUT
PUBLIC LIBRARY RENOVATION PROJECT,
CONTRACT NO. 3 — ALUMINUM EN-
TRANCES, SKYLIGHTS & GLAZING SYS-
TEMS
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. 3 — Alumi-
num Entrances, Skylights & Glazing Systems,
that the Project has been performed in compli-
ance with the terms of the Public Improvement
Contract, and that the total cost of the com-
pleted work is $292,177.00.
Dated this 26th day of April, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 28th
day of April, 2011.
Kevin S. Firnstahl, Acting City Clerk
Iowa Department of Transportation (IDOT):
City Manager recommending approval of a
five -year agreement with the Iowa Department
of Transportation (IDOT) for maintenance and
repair of primary highways within the City's
corporate limits. Upon motion the documents
were received, filed, and approved.
Paragon Square Urban Revitalization Area
Plan: Communication from the Long Range
Planning Advisory Commission recommending
approval of the proposed Paragon Square
Urban Revitalization Area Plan advising that it
is consistent with the 2008 Dubuque Compre-
hensive Plan. Upon motion the documents
were received and filed.
Plat of Survey — Youtzy Subdivision: Zon-
ing Advisory Commission recommending ap-
proval of the Plat of Survey for the Youtzy
Subdivision as requested by Davie Schneider
and Ricky Youtzy. Upon motion the documents
were received and filed and Resolution No.
145 -11 Approving the Plat of Survey of Youtzy
Subdivision in the City of Dubuque, Iowa, was
adopted.
RESOLUTION NO. 145 -11
APPROVING THE PLAT OF SURVEY OF
YOUTZY SUBDIVISION IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk the Plat of Survey of Youtzy Subdivision
in the City of Dubuque, Iowa; and
Whereas, said Plat of Survey provides
45.67 feet of frontage for Lot 2 on a public
street, where 50 feet is required by Section 11-
14 of Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code; and
Whereas, said Plat of Survey has been ex-
amined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been ex-
amined by the City Council and they find that it
conforms to the statues and ordinances relat-
ing to it.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11 -14 of Title 16 of
the City of Dubuque Code of Ordinances, Uni-
fied Development Code, is waived to allow
45.67 feet of frontage on a public street for Lot
2.
Section 2. That the Plat of Survey of
Youtzy Subdivision is hereby approved and
the Mayor and City Clerk are hereby author-
ized and directed to endorse the approval of
the City of Dubuque, Iowa upon said Plat of
Survey.
Passed, approved and adopted this 2nd day
of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Request for Proposals — City Hall Cooling
Upgrade Design: City Manager recommending
166 Regular Session, May 2, 2011 Book 141
approval to issue a Request for Proposals for
the City Hall Cooling Upgrade Project. Upon
motion the documents were received, filed,
and approved.
Bee Branch Creek Restoration Project —
Purchase of 507 Garfield Avenue: City Man-
ager recommending purchase of commercial
property at 507 Garfield Avenue from IBC
Sales Corporation (Continental Baking Co.) at
the appraised value of $250,000 for the Bee
Branch Creek Restoration Project. Upon mo-
tion the documents were received and filed
and Resolution No. 146 -11 Approving the ac-
quisition of real estate owned by IBC Sales
Corporation in the City of Dubuque was adopt-
ed.
RESOLUTION NO. 146 -11
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY IBC SALES CORPO-
RATION 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 recom-
mended in the 2001 'Drainage Basin Master
Plan;" and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled 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 legal-
ly described property: Lot 1 of "A -1 Industrial
Block ", in the City of Dubuque, Dubuque
County, Iowa, at the cost of Two Hundred Fifty
Thousand and 00/100 Dollars ($250,000.00).
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 Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 2nd day
of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Bee Branch Creek Restoration Project -
Purchase 1502 Maple Street: City Manager
recommending approval to establish the fair
market value of 1502 Maple Street at the ap-
praised value of $73,000 and authorize the
City Manager to begin negotiations to acquire
the property for the Bee Branch Creek Resto-
ration Project. Upon motion the documents
were received and filed and Resolution No.
147 -11 Establishing the fair market value of
certain real property owned by Milton E.
Schwartz in the City of Dubuque, Iowa, was
adopted.
RESOLUTION NO. 147 -11
ESTABLISHING THE FAIR MARKET VALUE
OF CERTAIN REAL PROPERTY OWNED BY
MILTON E. SCHWARTZ IN THE CITY OF
DUBUQUE, IOWA
Whereas, the City of Dubuque (City) in-
tends to acquire certain real property owned
by Milton E. Schwartz (Owner), legally de-
scribed as follows (the Property):
Lot 320 in East Dubuque Number 2 Addi-
tion, in the City of Dubuque, Dubuque County,
Iowa
as shown on Exhibit A attached hereto for
the purpose of the stormwater conveyance
associated with the restoration of the Bee
Branch Creek; and
Whereas, Iowa law requires that City must
make a good faith effort to negotiate with the
Owner to purchase the Property before pro-
ceeding with condemnation; and
Whereas, City has caused an appraisal of
the property to be made and the appraised
value of the property is $73,000.00; and
Whereas, the City Council now desires to
establish the fair market value of the property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The fair market value of the Property is
hereby established to be $73,000.00.
2. The City Manager is hereby authorized
to commence negotiations with the
Owner of the Property and any other in-
terested parties for the purchase of the
Property for a purchase price which is
not less than the fair market value es-
tablished by this resolution.
Passed, approved and adopted this god day
of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Bee Branch Creek Restoration Project -
Purchase of East Dubuque Addition: City
Manager recommending approval to establish
the fair market value of W '/% and E '/% Lot 351
East Dubuque Addition (NE corner of East 15th
and Cedar Streets) at the appraised value of
$66,950 and authorize the City Manager to
begin negotiations to acquire the property for
the Bee Branch Creek Restoration Project.
Book 141 Regular Session, May 2, 2011 167
Upon motion the documents were received
and filed and Resolution No. 148 -11 Establish-
ing the fair market value of certain real proper-
ty owned by Junnie and Rich's Coin in the City
of Dubuque, Iowa, was adopted.
RESOLUTION NO. 148 -11
ESTABLISHING THE FAIR MARKET VALUE
OF CERTAIN REAL PROPERTY OWNED BY
JUNNIE AND RICH'S COIN IN THE CITY OF
DUBUQUE, IOWA
Whereas, the City of Dubuque (City) in-
tends to acquire certain real property owned
by Junnie and Rich's Coin (Owner), legally
described as follows (the Property): W '/% of Lot
351 and the E' /% of Lot 351 in East Dubuque
Addition, all in the City of Dubuque, Dubuque
County, Iowa, as shown on Exhibit A attached
hereto for the purpose of the stormwater con-
veyance associated with the restoration of the
Bee Branch Creek; and
Whereas, Iowa law requires that City must
make a good faith effort to negotiate with the
Owner to purchase the Property before pro-
ceeding with condemnation; and
Whereas, City has caused an appraisal of
the property to be made and the appraised
value of the property is $66,950.00; and
Whereas, the City Council now desires to
establish the fair market value of the property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The fair market value of the
Property is hereby established to be
$66,950.00.
2. The City Manager is hereby au-
thorized to commence negotiations with
the Owner of the Property and any oth-
er interested parties for the purchase of
the Property for a purchase price which
is not less than the fair market value
established by this resolution.
Passed, approved and adopted this
2nd day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Dubuque Regional Airport RISE Grant
Agreement: City Manager recommending ap-
proval of the Revitalize Iowa's Sound Econo-
my (RISE) grant agreement for the construc-
tion of a road west from Highway 61 to access
lots in the Dubuque Regional Airport. Upon
motion the documents were received and filed
and Resolution No. 149 -11 Authorizing a Revi-
talize Iowa's Sound Economy (RISE) grant
agreement acceptance for the construction of
a road west from Highway 61 to access lots in
the Dubuque Regional Airport Industrial Park
was adopted.
RESOLUTION NO. 149 -11
AUTHORIZING A REVITALIZE IOWA'S
SOUND ECONOMY (RISE) GRANT
AGREEMENT ACCEPTANCE FOR THE
CONSTRUCTION OF A ROAD WEST FROM
HIGHWAY 61 TO ACCESS LOTS IN THE
DUBUQUE REGIONAL AIRPORT INDUS-
TRIAL PARK
Whereas, the Iowa Department of Trans-
portation, through its Revitalize Iowa's Sound
Economy (RISE) Competitive Project Funding
has awarded the Dubuque Regional Airport a
grant to provide roadway access for the devel-
opment of lots in the Dubuque Regional Airport
Industrial Park.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
certifies that the roadway improvements will be
dedicated to the public use and will remain so
dedicated to public use and that G.O. Bond
funds will be available to finance the City's
portion of the project costs.
Section 2. That the City Manager is author-
ized to sign, on behalf of the City Council, the
acceptance of RISE funding.
Passed, approved and adopted this god day
of May, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk.
Fiscal Year 2012 Detailed Operating
Budget for the Five Flags Center: City Manag-
er recommending approval of the detailed Fis-
cal Year 2012 operating budget for the Five
Flags Center as submitted by SMG. Upon mo-
tion the documents were received, filed, and
approved.
Smart Planning Consortium Update: City
Manager providing an update on the March 9
and April 6, 2011 Smart Planning Consortium
meetings and public participation training for
City Council consideration. Upon motion the
documents were received and filed.
Mathias Ham House: City Manager submit-
ting a letter of support regarding a grant appli-
cation for the Mathias Ham House by the Silos
and Smokestacks National Heritage Area.
Upon motion the documents were received
and filed.
Serve America: City Manager submitting a
press release from Serve America announcing
that, "Ten public and private partner organiza-
tions and seven different National Service
Programs celebrated the two year anniversary
of the Edward M. Kennedy Serve America Act
with a'Serve America' bus tour through Dubu-
que, Iowa, on April 21, 2011 as one of nine
168 Regular Session, May 2, 2011 Book 141
communities selected across the country."
Motion by Braig to receive and file the docu-
ments. Seconded by Resnick. Braig made
special note of Dubuque's recognition and
placement among the larger national cities and
presented Mayor Buol with a Certificate of
Appreciation from Senator Charles Grassley.
Motion carried 6 -0.
Iowa Finance Authority (IFA): City Manager
submitting a communication from David Vas -
ke, Tax Credit Manager for the Iowa Finance
Authority, notifying the City that a Low - Income
Housing Tax Credit application has been sub-
mitted for the Rose of Dubuque Project. Upon
motion the documents were received and filed.
Friends of the Mines of Spain: City Manag-
er submitting a press release from the Friends
of the Mines of Spain announcing receipt of an
award for Excellence in Interpretive Support
from the National Association for Interpretation
Region 5. Upon motion the documents were
received and filed.
Purchase of Property at 375 East 9th Street
(Alamo Property): City Manager recommend-
ing acceptance of a Warranty Deed from
Rouse and Dean Building, LLC for property
located at 375 East 9th Street known as the
Alamo property. Upon motion the documents
were received and filed and Resolution No.
150 -11 Accepting the deed to certain real es-
tate in Dubuque County, Iowa, from Rouse
and Dean Foundry Building, LLC was adopted.
RESOLUTION NO. 150 -11
ACCEPTING THE DEED TO CERTAIN REAL
ESTATE IN DUBUQUE COUNTY, IOWA
FROM ROUSE AND DEAN FOUNDRY
BUILDING, LLC
Whereas, the City of Dubuque entered into
an Agreement with Warehouse Redevelop-
ment, LLC for the purchase of the following
described real property in Dubuque County,
Iowa: Lot 2 of Lot 1 of CENTER CITY PLACE
# 3, in the City of Dubuque, Iowa, according to
the recorded Plat thereof; and
Whereas, Warehouse Redevelopment,
LLC conveyed the property to Rouse and
Dean Building, LLC; and
Whereas, the terms of the Agreement have
now been met.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The City of Dubuque hereby
accepts the Warranty Deed from Rouse
and Dean Foundry Building, LLC attached
hereto.
Section 2. The City Clerk is hereby au-
thorized and directed to record this Resolu-
tion and the Warranty Deed with the Dubu-
que County Recorder.
Passed, approved and adopted this 2od day
of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Encephalitis Monitoring Memorandum of
Understanding (MOU): City Manager recom-
mending approval of a Memorandum of Un-
derstanding (MOU) with the Iowa Department
of Public Health for services related to En-
cephalitis and West Nile disease monitoring.
Upon motion the documents were received,
filed, and approved.
Special Assessment: Communication from
John Herrig, 13750 Surrey Lane, requesting
that a special assessment for garbage removal
at his property at 695 / 697 Caledonia Street
be forgiven. Upon motion the documents were
received, filed, and referred to the City Attor-
ney.
Dubuque County Fine Arts Society
(DCFAS): Mayor Buol submitting a letter of
support for the Dubuque County Fine Arts So-
ciety (DCFAS) with respect to its Iowa Com-
munity Cultural Grant request. Upon motion
the documents were received and filed.
Liquor License Applications: City Manager
recommending approval of annual liquor li-
cense renewals as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 151 -11 Granting the issuance of a
Class "C" Beer /Liquor License to Carlos
O'Kelly's (1 -Day Outdoor Sale), West Dubu-
que Tap, Tots Tap, Shot Tower Inn, Bar X;
Class "B" Wine permit to Oky Doky #2, Oky
Doky #1, Beecher Beverage, Walgreen Drug
#9708; Class "WBN" Native Wine Permit to
Keywest Conoco, Tobacco Outlet; Class
"WCN" Native Wine Permit to Stone Cliff Win-
ery, Inc.; and Resolution No. 152 -11 Granting
the issuance of a Class "B" Beer Permit to
Dubuque County Fine Arts, Music N More
Promotions; Class "C" Beer Permit to Ron's
Discount Smokes /Beverage; Walgreens
#9708, Beecher Beverage, Keywest Conoco,
Tobacco Outlet #504, McCann Service, Oky
Doky #1, Oky Doky #2 were adopted.
RESOLUTION NO. 151 -11
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
nances relevant thereto and they have filed
Book 141 Regular Session, May 2, 2011 169
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 to the following named applicants
a Liquor License.
CLASS "C" BEER /LIQUOR LICENSE
Carlos O'Kelly's, Inc., Carlos O'Kelly's (1
Day Outdoor Sale), 1355 Associates Dr.
Donna Ginter /Geneva Ginter, West Dubu-
que Tap +(Sunday Sale), 1701 Asbury Rd.
Tott's Tap, Inc., Tott's Tap +(Sunday Sale),
3457 Jackson St.
DBQ, Inc., Shot Tower Inn +(Sunday Sale),
390 Locust St.
Linda Kay Atkinson, Bar X +(Sunday Sale),
2616 Windsor Ave.
CLASS "B" WINE LICENSE
TFM Co., Oky Doky # 2, 51 W. 32n St.
TFM Co., Oky Doky #1, 100 W. 1st St.
Beecher Co., Beecher Beverage, 1691 As-
bury Rd.
Walgreen Co., Walgreen Drug # 9708, 55
JFK Rd.
CLASS "WBN" NATIVE WINE LICENSE
Rainbo Oil Company, Keywest Conoco,
2150 Twin Valley Rd.
Kwik Trip, Tobacco Outlet #504, 806
Wacker Dr.
CLASS'WCN" NATIVE WINE LICENSE
Stone Cliff Winery, Inc., Stone Cliff Winery,
Inc., 600 Star Brewery
Passed, approved and adopted this 2nd day
of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 152 -11
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
ined 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 to the following named applicants
a Beer Permit.
CLASS "B" BEER PERMIT
Dubuque County Fine Arts, Dubuque
County Fine Arts +(Sunday Sale), Town Clock
Plaza
Music N More Promotions, Music N More
Promotions, Town Clock Plaza
CLASS "C" BEER PERMIT
RKM, LLC, Ron's Discount
Smokes /Beverage +(Sunday Sale), 1450 Lo-
ras Blvd.
Walgreen Co., Walgreen's #9708
+(Sunday Sale), 55 JFK Rd.
Beecher Beverage, Beecher Beverage
+(Sunday Sale), 1691 Asbury Rd.
Rainbo Oil Company, Keywest Conoco
+(Sunday Sale), 2150 Twin Valley
Kwik Trip, Inc., Tobacco Outlet #504
+(Sunday Sale), 806 Wacker Dr.
McCann Service, Inc., McCann Service
+(Sunday Sale), 690 W. Locust St.
TFM Co., Oky Doky # 1 +(Sunday Sale),
250 W. 1st St.
TFM Co., Oky Doky # 2 +(Sunday Sale),
51 W. 32nd St
Passed, approved and adopted this 2nd day
of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Connors to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Braig. Motion carried 6 -0.
US Hwy 61 / 151 Capacity Improvements:
City Manager recommending initiation of the
public bidding process for the US. Hwy 151/16
Capacity Improvements and that a public hear-
ing be set for May 16, 2011. Upon motion the
documents were received and filed and Reso-
lution No. 153 -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 advertise-
ment for bids was adopted setting a public
hearing for a meeting to commence at 6:30
p.m. on May 16, 2011 in the Historic Federal
Building.
RESOLUTION NO. 153 -11
US 61/151 CAPACITY
IMPROVEMENTS PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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
170 Regular Session, May 2, 2011 Book 141
contract and estimated cost for the US 61/151
Capacity Improvements Project, in the esti-
mated amount $1,408,200.00, are hereby pre-
liminarily approved and ordered filed in the
office of the City Clerk for public inspection.
A public hearing will be held on the 16th
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 cir-
culation 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 inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The US 61/151 Capacity Improvements
Project is hereby ordered to be advertised for
bids for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements herein provided, by publishing the
attached Notice to Bidders to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, notice shall be pub-
lished not less than four but not more than
forty -five days before the date for filing bids
before 10:00 a.m. Central Time, with opening
and reading of bids by the Iowa Department of
Transportation on the 17th day of May, 2011.
Bids shall be opened and read by the Iowa
Department of Transportation after 10:30 a.m.
Central Time on the same date and will be
submitted to the City Council for final action at
6:30 p.m. on the 6th day of June, 2011, in the
Historic Federal Building Council Chambers
(second floor), 350 West 6th Street, Dubuque,
Iowa.
Passed, adopted and approved this 2od day
of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Walter Development, LLC and TM Logis-
tics, Inc.: City Manager recommending that a
public hearing be set for May 16, 2011 on the
disposition of approximately 2.616 acres at the
Dubuque Industrial Center West for Walter
Development, LLC and TM Logistics, Inc. Up-
on motion the documents were received and
filed and Resolution No. 154 -11 Intent to dis-
pose of an interest in City of Dubuque real
estate and fixing the date for a public hearing
of the City Council of the City of Dubuque,
Iowa, on the proposed issuance of Urban Re-
newal Tax Increment Revenue Obligations and
the execution of a development agreement
relating thereto with Walter Development, LLC
and TM Logistics, Inc., and providing for the
publication of notice thereof was adopted set-
ting a public hearing for a meeting to com-
mence at 6:30 p.m. on May 16, 2011 in the
Historic Federal Building.
RESOLUTION NO. 154 -11
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE
AND
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, ON THE PROPOSED
ISSUANCE OF URBAN RENEWAL TAX IN-
CREMENT REVENUE OBLIGATIONS AND
THE EXECUTION OF A DEVELOPMENT
AGREEMENT RELATING THERETO WITH
WALTER DEVELOPMENT, LLC AND TM
LOGISTICS, INC. AND PROVIDING FOR
THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City)
is the owner of the following real property (the
Property): Lot 2 -4 of Dubuque Industrial Cen-
ter West 4th Addition in the City of Dubuque,
Iowa; and
Whereas, City and Walter Development,
LLC and TM Logistics, Inc. have entered into a
Development Agreement, subject to the ap-
proval of the City Council, a copy of which is
now on file at the Office of the City Clerk, City
Hall, 13th and Central Avenue, Dubuque, Iowa,
pursuant to which City will convey the Property
as shown on Exhibit A attached hereto to Wal-
ter Development, LLC and TM Logistics, Inc.;
and
Whereas, the City Council has tentatively
determined that it would be in the best inter-
ests of the City to approve the Development
Agreement, including the conveyance of the
Property to Walter Development, LLC and TM
Logistics, Inc.; and
Whereas, it is deemed necessary and ad-
visable that City should authorize Urban Re-
newal Tax Increment Revenue obligations, as
provided by Chapter 403 of the Code of Iowa,
and to enter into the Development Agreement
relating thereto for the purpose of carrying out
an Urban Renewal Plan as hereinafter de-
scribed; 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
Book 141 Regular Session, May 2, 2011 171
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 by Deed to Walter Devel-
opment, LLC and TM Logistics, Inc.
Section 2. The City Clerk is hereby author-
ized 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
City's intent to dispose of the foregoing -
described Property, to be held on the 16h day
of May, 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 City Council will also meet
at said time and place for the purpose of taking
action on the matter of authorizing Urban Re-
newal Tax Increment Revenue obligations and
the execution of the Development Agreement
relating thereto with Walter Development, LLC
and TM Logistics, Inc. the proceeds of which
obligations will be used to carry out certain of
the special financing activities described in the
Urban Renewal Plan for the Dubuque Industri-
al Center Economic Development District,
consisting of the funding of economic devel-
opments grants to Walter Development, LLC
and TM Logistics, Inc. pursuant to the Devel-
opment Agreement under the terms and condi-
tions of said Urban Renewal Plan. It is ex-
pected that the aggregate amount of the Tax
Increment Revenue obligations will be approx-
imately $190,000.
Section 4. 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 circula-
tion in said City, said publication to be not less
than four days nor more than twenty days be-
fore the date of said meeting on the issuance
of said obligations.
Section 5. That the notice of the proposed
action to issue said obligations shall be in sub-
stantially the form attached hereto.
Passed, approved and adopted this 2od day
of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
BOARDS /COMMISSIONS
Applicants were invited to address the City
Council regarding their desire to serve on the
following Boards /Commissions:
Electrical Code Board: Three 3 -year terms
through May 22, 2014 (Expiring terms of Dix-
on, Hammel, and Mueller). Applicants: James
Dixon, 2505 Marquette Place; Dan Hammel,
3163 Hillcrest Road, #4; and Ronald Mueller,
3780 Sunlight Ridge
Human Rights Commission: Shayna Box -
leiter and Kimberly Schroeder requested their
applications be pulled from consideration.
Safe Community Advisory Committee: One
1 -year term through December 31, 2011 (Va-
cant term of Sutton). Applicants: Amanda
Elkins, 2257 Chaney Road, #2; and Douglas
Ropa, 1190 University Avenue. Mr. Ropa
spoke in support of his appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
Greater Downtown Urban Renewal District
Expansion: Proof of publication on notice of
public hearing to consider expansion of the
Greater Downtown Urban Renewal District.
Communication from the Long Range
Planning Advisory Commission recommending
approval of the proposed Greater Dubuque
Urban Renewal District Expansion and advis-
ing that it is consistent with the 2008 Dubuque
Comprehensive Plan.
Motion by Jones to receive and file the
documents and adopt Resolution No. 155 -11
Approving the Amended and Restated Urban
Renewal Plan for the Greater Downtown Ur-
ban Renewal District. Seconded by Braig.
Kelly Hingtgen, 3416 Foothill Street, ex-
pressed concerns about her belief that the City
was incurring debt. City Manager Van Milligen
and Economic Development Director Dave
Heiar clarified that the measure increases the
City's capacity to incur debt and this would
create opportunity for future projects. Motion
carried 6 -0.
RESOLUTION NO. 155 -11
APPROVING THE AMENDED AND RE-
STATED URBAN RENEWAL PLAN FOR
THE GREATER DOWNTOWN URBAN RE-
NEWAL DISTRICT
Whereas, on March 21, 2011 the City
Council of the City of Dubuque, Iowa author-
ized the preparation of an Amended and Re-
stated Urban Renewal Plan (the "Plan ") for the
Greater Downtown Urban Renewal District
(the "District'); and
Whereas, the City of Dubuque's primary
objective in amending this Plan is to provide
opportunities for further redevelopment and
reinvestment in the downtown; and
Whereas, the Long Range Planning Com-
mission has reviewed the proposed Plan and
has found that said document is consistent
with the Comprehensive Plan for the develop-
172 Regular Session, May 2, 2011 Book 141
ment of the City of Dubuque as a whole and
has transmitted its findings to the City Council;
and
Whereas, a consultation process has been
undertaken with affected taxing entities in ac-
cordance with Chapter 403 of the Code of Io-
wa with no written objections or recommended
changes to the Plan received; and
Whereas, the City Council, in accordance
with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed amend-
ed and restated Plan after public notice there-
of.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated
Urban Renewal Plan for the Greater Down-
town Urban Renewal District, on file in the City
Clerk's Office and made reference to herein,
be approved.
Section 2. That the City Clerk of the City of
Dubuque, Iowa is hereby authorized and di-
rected to file a certified copy of the Resolution
in the office of the Dubuque County Recorder.
Passed, approved and adopted this god day
of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Proceedings for Reallocation of General
Obligation Bonds Series 2009A and Series
2010A: Proof of publication on notice of public
hearing to consider the reallocation of
$121,000 in unspent proceeds of the General
Obligation Bonds Series 2009A and Series
2010A and the City Manager recommending
approval. Motion by Jones to receive and file
the documents and adopt Resolution No. 156-
11 Instituting Proceedings to take additional
action and approving the reallocation of certain
unspent proceeds of the General Obligation
Bonds, Series 2009A (Taxable Build America
Bonds), and General Obligation Bonds, Series
2010A of the City of Dubuque, Iowa. Second-
ed by Braig. Motion carried 6 -0.
RESOLUTION NO. 156 -11
RESOLUTION INSTITUTING PROCEEDINGS
TO TAKE ADDITIONAL ACTION AND AP-
PROVING THE REALLOCATION OF CER-
TAIN UNSPENT PROCEEDS OF THE GEN-
ERAL OBLIGATION BONDS, SERIES 2009A
(TAXABLE BUILD AMERICA BONDS), AND
GENERAL OBLIGATION BONDS, SERIES
2010A, OF THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to notice published as
required by law, this Council has held a public
meeting and hearing upon the proposal to in-
stitute proceedings for the reallocation of cer-
tain unspent proceeds, in the amount of not to
exceed $121,000 (the "Unspent Proceeds ") of
the General Obligation Bonds, Series 2009A
(Taxable Build America Bonds) and General
Obligation Bonds, Series 2010A, of the City of
Dubuque, Iowa, in order to provide funds to
pay costs 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), and has con-
sidered the extent of objections received from
residents or property owners as to said pro-
posal and, accordingly the following action is
now considered to be in the best interests of
the City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby
institute proceedings and takes additional ac-
tion for the reallocation of the Unspent Pro-
ceeds of the General Obligation Bonds, Series
2009A (Taxable Build America Bonds) and
General Obligation Bonds, Series 2010A, for
the foregoing purpose, and the reallocation of
the Unspent Proceeds to pay costs of funding
the local match for the purchase of transit bus-
es (from the Series 2009 Bonds) and costs
associated with snow and ice control activities
and improvements (from the Series 2010A
Bonds), is in all respects authorized and ap-
proved.
Section 2. The Finance Director is author-
ized and directed to take such action as may
be necessary to effect and implement the
foregoing reallocation of the Unspent Pro-
ceeds to pay costs 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 improve-
ments (from the Series 2010A Bonds), and to
cause the records and accounts of the City to
reflect the same.
Passed and approved this 2nd day of May,
2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
2011 Sewer Cured -in -Place Pipe (CIPP)
Lining Project: Proof of publication on notice of
public hearing to consider approval of plans
and specifications, form of contract and the
estimated cost for the 2011 Sewer Cured -in-
Place (CIPP) Lining Project. Motion by Jones
to receive and file the documents and adopt
Resolution No. 157 -11 Approval of plans,
specifications, form of contract, and estimated
cost for the 2011 Sewer Cured in Place Pipe
(CIPP) Lining Project. Seconded by Braig.
Responding to questions from City Council,
City Engineer Gus Psihoyos explained the
CIPP process, cost savings and success. Mo-
tion carried 6 -0.
Book 141 Regular Session, May 2, 2011 173
RESOLUTION NO. 157 -11
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE 2011 SEWER CURED -IN-
PLACE PIPE (CIPP) LINING PROJECT
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
2011 Sewer Cured -in -Place Pipe (CIPP) Lining
Project, in the estimated amount $135,974.85,
are hereby approved.
Passed, adopted and approved this god day
of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
Settlement Agreement: City Attorney sub-
mitting a Settlement Agreement and General
Release for Jeanne Schneider. Motion by
Jones to receive and file the documents and
approve the agreement. Seconded by Con-
nors. Motion carried 5 -1 with Buol voting nay.
City Clerk Recruitment Process: City Man-
ager requesting direction on the City Clerk
recruitment process. Motion by Connors to
receive and file the documents and confirm
consensus on the following items: 1) Council
members will submit sample questions to the
City Manager for forwarding to the Personnel
Director within one week. The Personnel Di-
rector will compile the top questions and return
the list to Council for inclusion in the applica-
tion, which shall be ready for advertisement
within two weeks; 2) An Iowa Municipal Clerk's
certification shall be the minimum requirement
and stated in the advertisement; 3) The salary
for the Acting City Clerk shall be set at a GE40
rate of the City's wage plan with the same sal-
ary range used in the advertisement; 4) Online
recruitment sources shall be used to help meet
deadlines and expedite the advertisement pro-
cess; 5) Selection of the appointment schedule
for a mid - September start date. Seconded by
Braig. Motion carried 6 -0.
Long Range Planning Advisory Commis-
sion: City Attorney submitting a draft amend-
ment to the Long Range Planning Advisory
Commission ordinance eliminating the ap-
pointment of a member of the City Council to
the Commission.
Communication from Council Member Kar-
la Braig
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 Resnick. Braig read
her communication into the Record. Motion
carried 6 -0.
Motion by Jones for final consideration and
passage of Ordinance No. 31 -11 Amending
City of Dubuque Code of Ordinances Title 15
Planning and Zoning, Chapter 2 Long Range
Planning Advisory Commission, Section 15 -2-
1 Providing for the composition of the Long
Range Planning Advisory Commission by elim-
inating a Member of the City Council on the
Commission. Seconded by Connors. Motion
carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 31 -11
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 15 PLANNING AND
ZONING, CHAPTER 2 LONG RANGE
PLANNING ADVISORY COMMISSION, SEC-
TION 15 -2 -1 PROVIDING FOR THE COM-
POSITION OF THE LONG RANGE PLAN-
NING ADVISORY COMMISSION BY ELIMI-
NATING A MEMBER OF THE CITY COUN-
CIL ON THE COMMISSION
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordi-
nances § 15 -2 -1 is amended to read as fol-
lows:
15 -2 -1: COMMISSION CREATED;
COMPOSITION:
There is hereby created a city long
range planning advisory commission,
which shall consist of seven (7) resi-
dents of the city appointed by the city
council who shall be qualified by their
knowledge, experience and ability to
contribute to the city's long range plan-
ning and development efforts.
Section 2. This ordinance shall take effect
upon publication.
Passed, approved and adopted the 2nd day
of May, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, Acting City Clerk
Published officially in the Telegraph Herald
Newspaper the 6th day of May, 2011.
/s /Kevin S. Firnstahl, Acting City Clerk
Purchase of Property — 1104 Riverview
Drive: City Manager recommending purchase
of property at 1104 Riverview Drive for decon-
struction and redevelopment. Motion by Con-
nors to receive and file the documents and
approve the recommendation. Seconded by
174 Regular Session, May 2, 2011 Book 141
Jones. Motion carried 6 -0.
Kaufmann Avenue Utilities Project Award
of Contract: City Manager recommending
award of the contract for the Kaufmann Ave-
nue Utilities Project to McDermott Excavating
in the amount of $227,693.10. Motion by Con-
nors to receive and file the documents and
adopt Resolution No. 158 -11 Awarding public
improvement contract for the Kaufmann Ave-
nue Utility Project. Seconded by Braig. City
Engineer Gus Psihoyos stated that the project
is expected to be completed August 1, 2011.
Motion carried 6 -0.
RESOLUTION NO. 158 -11
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE KAUFMANN AVENUE
UTILITY PROJECT
Whereas, sealed proposals have been
submitted by contractors for the Kaufmann
Avenue Utility Project (the Project) pursuant to
Resolution No. 120 -11 and Notice to Bidders
published in a newspaper published in the City
of Dubuque, Iowa, on the 7th day of April,
2011.
Whereas, said sealed proposals were
opened and read on the 26th day of April, 2011
and it has been determined that McDermott
Excavating of Dubuque, Iowa, with a bid in the
amount of $227,693.10, is the lowest respon-
sive, responsible bidder for the Project.
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 McDermott Ex-
cavating and the City Manager is hereby di-
rected to execute a Public Improvement Con-
tract on behalf of the City of Dubuque for the
Project.
Passed, approved and adopted this 2od day
of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Tenth and Central Parking Ramp Message
Center: City Manager recommending approval
of the design and placement of a message
center adjacent to the parking ramp at 975
Central Avenue.
Communication from the Historic Preserva-
tion Commission
Motion by Connors to receive and file the
documents and approve the recommendation.
Seconded by Jones. Resnick expressed con-
cerns regarding the design of the message
center being in conflict with the City's Down-
town Design Guidelines and that it could be a
distraction at a busy intersection made busier
with the presence of Fire Headquarters. Mo-
tion carried 5 -1 with Resnick voting nay.
Operating Protocol for Unreserved Parking
Ramps: City Manager recommending chang-
ing the operation of the Iowa Street Ramp from
a person leasing an individually identified park-
ing space to a person leasing a space that the
location on a given day would be on a first -
come first -serve basis. Motion by Connors to
table to a future meeting. Seconded by Braig.
Motion carried 6 -0.
Dubuque Levee and Floodwall System
Certification: City Manager recommending
approval of a resolution adopting the updated
Operations and Maintenance Manual, the up-
dated Emergency Flood control Plan, and au-
thorization to submit the documentation for
certification of the Dubuque Local Flood Pro-
tection Project Levee to the Federal Emergen-
cy Management Agency (FEMA). Motion by
Jones to receive and file the documents and
adopt Resolution No. 159 -11 Adopting opera-
tions and maintenance manual, emergency
flood control plan, and interim risk reduction
plan for the Dubuque local flood protection
project levee. Seconded by Braig. Motion car-
ried 6 -0.
RESOLUTION NO. 159 -11
ADOPTING OPERATIONS AND MAINTE-
NANCE MANUAL, EMERGENCY FLOOD
CONTROL PLAN, AND INTERIM RISK RE-
DUCTION PLAN FOR THE DUBUQUE LO-
CAL FLOOD PROTECTION PROJECT LEV-
EE
Whereas, the City of Dubuque has signed
a May 4, 2009 Provisionally Accredited Levee
(PAL) Agreement for the Dubuque Local Flood
Protection Project Levee (Dubuque Levee)
with Federal Emergency Management Agency
(FEMA); and
Whereas, the PAL Agreement requires that
the City of Dubuque submit the required doc-
umentation to FEMA certification of the Dubu-
que Levee by May 17, 2011; and
Whereas, the City of Dubuque has updated
the Operations and Maintenance Manual, up-
dated the Emergency Flood Control Plan, and
created the Interim Risk Reduction Plan for the
Dubuque Levee in accordance with the certifi-
cation process.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Operations and Mainte-
nance Manual, the Emergency Flood Control
Plan, and the Interim Risk Reduction Plan for
the Dubuque Levee hereby are adopted.
Section 2. The Mayor hereby is authorized
to sign and submit the required documentation
for certification of the Dubuque Levee to FE-
MA.
Book 141 Regular Session, May 16, 2011 175
Passed, approved and adopted this god day
of May 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
City Council Appointments: Appointments
to fill vacancies on City Council boards and
committees. Motion by Resnick to appoint
Lynn Sutton as the Council representative on
the Operation: New View Community Action
Agency. Seconded by Braig. Motion carried 6-
0.
Motion by Connors to appoint Lynn Sutton
as the Council representative on the Conven-
tion and Visitors Bureau. Seconded by Res-
nick. Motion carried 6 -0.
Motion by Connors to receive and file the
documents with the noted appointments. Se-
conded by Jones. Motion carried 6 -0.
COUNCIL MEMBER REPORTS
Connors reported on the recent visit by a
delegation from Dornbirn, Austria, hosted by
the Sister City Commission.
PUBLIC INPUT
Marcos Rubinstein, 663 Fenelon Place,
asked the City Council to reconsider their re-
cent action regarding discontinuing glass recy-
cling.
Mark Wiligen, Fuerste, Carew Law Firm,
200 Security Building, expressed concerns
regarding unreserving the parking ramps and
asked that public input be sought before any
future action is taken.
Jack Dunwoody, 2205 Rhomberg Avenue,
suggested reuse of the former City Garage as
a possible glass recycling center that could
provide job assistance as is done in some oth-
er cities.
There being no further business, upon mo-
tion the City Council adjourned at 8:23 p.m.
/s/Kevin S. Firnstahl
Acting City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in regular
session at 6:30 p.m. on May 16, 2011 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members
Sutton, Braig, Connors, Jones, Lynch, Res-
nick, 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 Reverend Lor-
en Hirschy of Word of Life Church.
PROCLAMATION
Kids to Parks Day (May 21, 2011) was ac-
cepted by Leisure Services Manager Marie
Ware.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 7 -0.
Minutes and Reports Submitted: Cable
Community Teleprogramming Commission of
3/1; City Council proceedings of 5/2; Civil Ser-
vice Commission of 3/16; Human Rights
Commission of 4/11; Investment Oversight
Advisory Commission of 4/27; Sister City Rela-
tionships Advisory Commission of 5/4; Transit
Advisory Board of 4/14; Zoning Advisory
Commission of 5/4; Zoning Board of Adjust-
ment of 4/28
Investment Oversight Advisory Commis-
sion 72nd Quarterly Report
Library Board of Trustees Update from
April 28, 2011 Meeting
Proofs of Publication for City Council Pro-
ceedings of April 18, 2011 and Lists of Claims
and Summary of Revenues for month ended
March 31, 2011
Upon motion the documents were received
and filed.
Notice of Claims /Suits: Jeff and Janice
Bahl for vehicle damage; Danielle Basten for
vehicle damage; Kevin Ciesielski for vehicle
176 Regular Session, May 16, 2011 Book 141
damage; Anna Mormann for property damage.
Upon motion the documents were received
and 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 Com-
munities Assurance Pool: Jeff and Janice Bahl
for vehicle damage; Kevin Ciesielski for vehi-
cle damage; Anna Mormann for property dam-
age. Upon motion the documents were re-
ceived, filed and concurred.
Request for Release of Funds for Commu-
nity Development Block Grant (CDBG): City
Manager recommending approval of a resolu-
tion authorizing the Request to Release Funds
for the proposed projects approved in the FY
2012 (Program Year 2011) Annual Action Plan
for Community Development Block Grant
(CDBG) activities. Upon motion the documents
were received and filed and Resolution No.
160 -11 Authorizing request for release of
Community Development Block Grant funds
for Fiscal Year 2012 (Program Year 2011) was
adopted.
RESOLUTION NO. 160 -11
AUTHORIZING REQUEST FOR RELEASE
OF COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS FOR FISCAL YEAR 2012
(PROGRAM YEAR 2011)
Whereas, the City of Dubuque will enter in-
to a Community Development Block Grant
Agreement for the Fiscal Year commencing
July 1, 2011, with the U.S. Department of
Housing and Urban Development, providing
for financial assistance to the City under Title I
of the Housing and Community Development
Act of 1974, as amended; and
Whereas, pursuant to the rules and regula-
tions as promulgated by the U.S. Department
of Housing and Urban Development, an envi-
ronmental review has been processed for the
hereinafter listed projects to be financed with
Community Development Block Grant funds;
and
Whereas, a Notice of Intent to Request Re-
lease of Funds for said grants has been pub-
lished on May 12, 2011 to commence the re-
quired seven (7) day public comment period;
and
Whereas, any and all comments received
as a result of such notice will be duly consid-
ered before proceeding with a Request for
Release of Funds and Certification; and
Whereas, a Request for Release of Funds
and Certification must be sent to the U.S. De-
partment of Housing and Urban Development
at the conclusion of the comment period.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor of the City of
Dubuque is hereby authorized and directed to
execute a Request for Release of Funds and
Certification for the following identified Com-
munity Development Block Grant projects on
or about May 20, 2011 and submit to the U.S.
Department of Housing and Urban Develop-
ment.
Comm unity Development Block Grant An-
nual Plan Projects
Fiscal Year 2012 (Program Year 2011)
Housing Programs: First Time Home Buyer
Program; Homeowner Rehabilitation (Opera-
tion: Paintbrush; Operation Upkeep; Residen-
tial Rehabilitation Loan Program; Sewer Con-
nection Loan); Housing Administration Ser-
vices and Staff; Housing Code Enforcement;
Housing Rehabilitation Services and Staff;
Lead Paint Hazard Abatement Project; Rental
Unit Rehabilitation (Emergency Code En-
forcement Loan Program; Moderate Income
Rental Rehab Loan Program; Accessibility
Rehab; Single Room Occupancy Rehab);
Economic Development Programs: Com-
mercial Industrial Building Rehab and Revolv-
ing Loan Fund; Economic Development Finan-
cial Assistance Program and Revolving Loan
Fund;
Neighborhood and Community Develop-
ment Programs: Accessible Curb Ramps;
Child Care Resource and Referral; Dubuque
Dispute Resolution Center; Information and
Referral Service; Neighborhood Development
Services and Staff; Neighborhood Infrastruc-
ture Improvements (Neighborhood Street
Overlays; Neighborhood Sidewalk Program;
Neighborhood StepNVall Repair); Neighbor-
hood Recreation Program; Neighborhood
Support Grants, Opening Doors; Senior Cen-
ter; Washington Tool Library; Zoning Inspec-
tion/ Enforcement;
Planning and Administration: CDBG Ad-
ministration Services and Staff; Finance Ser-
vices and Staff; City Planning.
No funds will be committed prior to comple-
tion of a review for other related laws of 24
CFR 58.5, including Section 106, if required for
site - specific projects that are currently uniden-
tified.
Section 2. That the Mayor of the City of
Dubuque is hereby authorized to consent to
assume the status of a responsible federal
official under the National Environmental Pro-
tection Act, insofar as the provisions of the
said Act apply to the U.S. Department of Hous-
ing and Urban Development responsibilities for
review, decision making, and action assumed
and carried out by the City of Dubuque as to
environmental issues.
Section 3. That the Mayor of the City of
Book 141 Regular Session, May 16, 2011 177
Dubuque is hereby authorized to consent per-
sonally, in his official capacity and on behalf of
the City of Dubuque, to accept the jurisdiction
of the federal courts if an action is brought to
enforce responsibilities in relation to environ-
mental review, decision - making and action.
Passed, approved and adopted this 2od day
of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Quarterly Investment Reports: City Man-
ager transmitting the March 31, 2011 Quarterly
Investment Report. Upon motion the docu-
ments were received and filed.
Iowa Department of Cultural Affairs: City
Manager recommending approval to submit a
grant application to the Iowa Department of
Cultural Affairs to provide partial funding for
the City of Dubuque's Arts and Cultural Affairs
Coordinator position. Upon motion the docu-
ments were received, filed, and approved.
Delinquent Water, Sewer, Refuse and
Storm Water Collection Accounts: City Man-
ager recommending approval of the submis-
sion of delinquent water, sewer, refuse and
storm water collection accounts to the Dubu-
que County Treasurer. Upon motion the doc-
uments were received and filed and Resolution
No. 161 -11 Adopting the Schedule of Assess-
ments for delinquent water, sewer, refuse and
storm water accounts and directing the City
Clerk to certify the Schedule of Assessments
to the County Treasurer and to publish notice
thereof was adopted.
RESOLUTION NO. 161 -11
ADOPTING THE SCHEDULE OF ASSESS-
MENTS FOR DELINQUENT WATER, SEW-
ER, REFUSE AND STORM WATER AC-
COUNTS AND DIRECTING THE CITY
CLERK TO CERTIFY THE SCHEDULE OF
ASSESSMENTS TO THE COUNTY TREAS-
URER AND TO PUBLISH NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the Sched-
ule of Assessments attached hereto for delin-
quent water, sewer, refuse, and storm water
accounts which Schedule of Assessments was
filed in the office of the City Clerk on the 2nd
day of May, 2011, the said Schedule of As-
sessments be and the same is hereby ap-
proved and adopted.
That there be, and is herby assessed and
levied as a lien upon the real property, the
respective sums indicated.
That the City Clerk be and is hereby di-
rected to certify said schedule to the County
Treasurer of Dubuque County, Iowa, and to
publish notice of said certification once each
week for two consecutive weeks in the manner
provided in Iowa Code § 362.3, the first publi-
cation of which shall be not more than fifteen
days from the date of filing of the final sched-
ule. On or before the date of the second publi-
cation of the notice, the City Clerk shall also
mail a copy of said notice to property owners
whose property is subject to assessment, as
provided and directed in Iowa Code § 384.60.
The assessments may be paid in full or in
part at the Utility Billing Office, City Hall, 50 W.
13th Street, Dubuque, Iowa, at any time within
30 days after the date of the first publication of
the notice of the filing of the Schedule of As-
sessments with the County Treasurer. After 30
days, unpaid assessments are payable at the
County Treasurer's Office, Dubuque County
Courthouse, 720 Central Avenue, Dubuque,
Iowa, and charges shall be collected in the
same manner as general property taxes
against the respective parcels of the property
set opposite the name of the property owner.
Passed, approved and adopted this 16th
day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
SCHEDULE OF ASSESSMENTS FOR DE-
LINQUENT WATER, SEWER, REFUSE AND
STORM WATER ACCOUNTS
Customer Name, Service Address Account
Balance, Admin Fee, Balance:
Aaron D. Locke, 321 Monroe St., 3.51, 5,
8.51
Allan R. Brimeyer, 327 Klingenberg Ter,
135.83, 5, 140.83
Amber M. Fleege, 3056 White St., 306.74,
5, 311.74
Andrew M. Bartolotta, 904 W 5th St.,
144.55, 5, 149.55
Angie Grimes, 2695 Dove St., 288.34, 5,
293.34
Anna M. Riniker, 2528 Jackson St.,
109.78, 5, 114.78
Antonio G. Conley, 1104 Riverview St.,
37.06, 5, 42.06
Auto & Truck Parts, Inc., 3000 Jackson St.,
249.34, 5, 254.34
Bayview Investments LC, 30 W 28th St.,
48.63, 5, 53.63
Bill J. Finn, 1860 Heeb St., 45.75, 5, 50.75
Bill J. Finn, 2010 Shelby St., 90.15, 5,
95.15
Brandon C. Merrick, 87 S Hill St., 190.26,
5, 195.26
Brian S. Rieck, 2218 Suzanne Dr., 127.84,
5, 132.84
Chad J. Hagge, 800 W Locust St., 104.39,
5, 109.39
178 Regular Session, May 16, 2011 Book 141
Charles W. Wehrspann, 3870 Creston St.,
423.25, 5, 428.25
Charmayne M. McMurray, 1855 Rhomberg
Ave., 124.67, 5, 129.67
Chris C. Clark, 2411 Rhomberg Ave., 9.41,
5, 14.41
Christopher J. Mayne, 1001 Garfield Ave.,
170.78, 5, 175.78
CK Concrete Construction LLC, 7869
Commerce Park, 222.57, 5, 227.57
Cory L. Data, 719 Rose St., 442.57, 5,
447.57
Craig T. & Leslie E. Birch, 523 W Locust
St., 5.43, 5, 10.43
Cunningham Properties, 326 W Locust St.,
975.71, 5, 980.71
Curtis J. Prado, 2230 Francis St Apt. 2,
105.21, 5, 110.21
Dale A. Hayes, 2501 Central Ave., 71.73,
5, 76.73
Dale B. Walker, 830 Valentine Dr., 966.94,
5, 971.94
Daniel J. Siefker, 1838 Central Ave., 73.72,
5, 78.72
Daniel J. Siefker, 1838 Central Ave.,
1045.08, 5, 1050.08
David A. & Cecilia J. Carner, 358 E 16th
St, 118.7, 5, 123.7
Dawn M. Snider, 154 W 23rd St., 35.12, 5,
40.12
Dean W. Miller, 604 Rhomberg Ave.,
56.24, 5, 61.24
Debra J. May, 259 Valeria St 2nd, 4.65, 5,
9.65
Dennis A. Gottschalk, 849 Kaufmann Ave.,
122.81, 5, 127.81
Deutsche Bank National Trust, 475 Valeria
St., 222.96, 5, 227.96
Don D. Heim, 596 University Ave., 99.65,
5, 104.65
Donald S. Rogers, 749 Wilson St., 286.83,
5, 291.83
Dubuque Property Investments LLC, 2639
University Ave., 28.54, 5, 33.54
Gary A. Hansen, 2060 Ellen St., 230.76, 5,
235.76
Gary Bernhard, 1110 Roosevelt St., 59.64,
5, 64.64
Gary Bernhard, 1100 Roosevelt St.,
147.38, 5, 152.38
Gary E. & Susan M. Bay, 1805 Jackson
St, 255.18, 5, 260.18
Gary E. & Susan M. Bay, 1815 Jackson
St., 274.32, 5, 279.32
Gary L. Fransen, 2285 Francis St., Apt. 2,
156.83, 5, 161.83
Gary L. Fransen, 2285 Francis St., Apt. 1,
1356.94, 5, 1361.94
Greg B. Cray, 745 Davis St., 240.72, 5,
245.72
H & R Properties, 1586 Washington St.,
161.85, 5, 166.85
Irma Reyes, 556 Clarke Dr., 39.42, 5,
44.42
Irma Reyes, 558 Clarke Dr., 132.9, 5,
137.9
J Foht, 723 Peru Rd, 147.38, 5, 152.38
James & Suzanne Callahan, 2521 Windsor
Ave., 107.46, 5, 112.46
James J. Healey, 2435 Coates St., 33.46,
5, 38.46
Janet M. Miller, 2175 Roosevelt St,
178.88, 5, 183.88
Jay C. Close, 689 W Locust St., 116.44, 5,
121.44
Jeffrey T. Smith, 1265 Thomas PI., 340.65,
5, 345.65
Jeremy D. Shireman, 2225 St. Celia St.,
243.82, 5, 248.82
Jesse Rans, 2008 Foye St., 83.1, 5, 88.1
Jim Prine, 1040 Davis Ave., 98.12, 5,
103.12
Jody & Jason P. McCarty, 2170 Deborah
Dr., 317.45, 5, 322.45
Joe Schumacher & Casie Hayes, 2131
Jackson St# 1, 211.54, 5, 216.54
Joel F. Cabral, 24 Milwaukee St., 172.99,
5, 177.99
John C. / Ann C. Schober, 2395 Knob Hill
Dr., 92.93, 5, 97.93
John H. White, 955 Jackson St., 21.63, 5,
26.63
John R. Barbee, 3085 Oak View Ct,
244.97, 5, 249.97
Joseph Healey, 1012 Wilson St., 106.57, 5,
111.57
Josie M. Hagensten, 9 E 26th St., 68.51, 5,
73.51
Julie Leclere, 2489 Hempstead St., 147.3,
5, 152.3
Justin P. Delaney, 1519 Lincoln Ave.,
33.44, 5, 38.44
Katie Behr, 1553 Alta Vista St., 183.72, 5,
188.72
Kellie L. Thein, 1713 Vizaleea Dr., 80.83,
5, 85.83
Kenneth A Ginter, 2662 Ogle St., 164.06,
5, 169.06
Kenneth E Keller, 2054 Jackson St # 2,
99.7, 5, 104.7
Kenneth E Keller, 2054 Jackson St. # 1,
194.06, 5, 199.06
Kingdom Investment LLC, 500 Hill St.,
87.46, 5, 92.46
Kingdom Investment LLC, 308 Hill St., Apt.
2, 291.91, 5, 296.91
Kingdom Investment LLC, 993 W 3rd St.,
710.76, 5, 715.76
Kingdom Investment LLC, 308 Hill St., Apt.
1, 855.3, 5, 860.3
Kress Industrial Facility LLC, Seippel Rd
Commercial Park, 295.35, 5, 300.35
Larry Oglesby, 712 Hill St., Apt. 1, 89.48,
5, 94.48
Book 141 Regular Session, May 16, 2011 179
Lester Wallis, 56 Bluff St., 142.41, 5,
147.41
Lonnie L Allen, 2565 Front St., 122.08, 5,
127.08
Marar LLC, Cedar Cross Rd, 1761.6, 5,
1766.6
Mark Krolich, 743 Louise St., 110.4, 5,
115.4
Mark T. Dolson, 54 Alpine St., 31.99, 5,
36.99
Marsha K. Rauch, 705 W 3rd St., 84.24, 5,
89.24
Martin K. Winders, 2370 Green St., 402.19,
5, 407.19
Maurice A. Kirchberg, 1228 Jackson St.,
72.1, 5, 77.1
Maurice A. Kirchberg, 396 W Locust St.,
245.81, 5, 250.81
Michael & Patricia Betts, 4955 Old High-
way Rd„ 33.29, 5, 38.29
Michael Kane, 2222 Washington St.,
93.39, 5, 98.39
Michelle Scott, 607 W 8th St., 45.48, 5,
50.48
Nancy Moore, 1195 Central Ave., 2283.57,
5, 2288.57
Nathan B. Boyes, 1402 Lincoln Ave, Apt. 2,
340.67, 5, 345.67
Pat F Naderman, 2124 Jackson St., 57.54,
5, 62.54
Patrick R. Marsh, 158 Bluff St., 88.52, 5,
93.52
Paul B. Breitbach, 523 Southern Ave.,
399.74, 5, 404.74
Perry D. Sopina, 116 W 13th St 1st FI,
23.78, 5, 28.78
Perry Sopina, 116 W 13th St #2 2nd FI,
104.05, 5, 109.05
Quattro C. Properties LLC, 2676 Raven
Oaks Dr., 155.83, 5, 160.83
Richard J. & Christina Asbell, 1830 Lincoln
Ave., 5.51, 5, 10.51
Ricky J. Hurst., 3975 Inwood Ave., 147.35,
5, 152.35
Rob J. / Vickie L. McMullen, 3998
Inwood Ave., 16.22, 5, 21.22
Robert J. Sarazin, 2626 Broadway St.,
134.65, 5, 139.65
Robert P. & Debra R. Miller, 1535 Bluff St.,
Apt. 1, 20.44, 5, 25.44
Ron Rudiger, 590 Angella St., 154.54, 5,
159.54
Ronald C. Steuer, 3478 Kimberly Dr.,
217.22, 5, 222.22
Ryan A. Neuhaus, 355 Kaufmann Ave.,
32.49, 5, 37.49
Sandralee M. Scott, 599 W 8th St., 182.4,
5, 187.4
Sandy L. Hefel, 1289 W 5th St., 173.67, 5,
178.67
Scotlyn Properties, 37 W 15th St. #3, 7.6,
5, 12.6
Scotlyn Properties, 37 W 15th St. Apt. 1,
19.65, 5, 24.65
Scotlyn Properties, 35 W 15th St. 1st.,
76.52, 5, 81.52
Scott A. Runde, 35 W 15th St., Apt. 2,
28.57, 5, 33.57
Scott A. Runde, 35 W 15th St,. Apt. 1,
28.6, 5, 33.6
Scott A. Runde, 37 W 15th St #2, 32.49, 5,
37.49
Scott W. Shaffer, 2911 Jackson St., 95.33,
5, 100.33
Secretary of Housing & Urban, 2222 Fran-
cis St., 26.76, 5, 31.76
Secretary of Housing & Urban, 2224 Fran-
cis St., Apt. 1, 26.76, 5, 31.76
Secretary of Housing & Urban, 2224 Fran-
cis St., Apt. 2, 26.76, 5, 31.76
Secretary of Housing & Urban, 904 Rhom-
berg Ave., 64.21, 5, 69.21
Shari Vrotsos, 1308 Rhomberg Ave.,
51.69, 5, 56.69
Sherrie L. Jones, 2790 Andrew Ct, 276.76,
5, 281.76
So Fourth Pacific Rim Finance, 2225
Kerper Blvd., 561.2, 5, 566.2
Terrance J. Maiers, 1690 White St. Apt. 1,
30, 5, 35
Theresa M. Sawvell, 5300 Olde Highway
Rd., 123.18, 5, 128.18
Thomas Cunningham, 1576 Locust St.,
171.36, 5, 176.36
Thomas Engelken, 1665 Iowa St., 54.46, 5,
59.46
Thomas J. & Martha J. Blake, 809 W 8th
St., 55.97, 5, 60.97
Thomas J. & Martha J. Blake, 2214 Jack-
son St. # 2, 122.4, 5, 127.4
Thomas J. & Martha J. Blake, 2214 Jack-
son St. # 1, 127.04, 5, 132.04
Thomas J. & Martha J. Blake, 357 Kauf-
mann Ave Apt. 2, 155.38, 5, 160.38
Thomas J. & Martha J. Blake, 2301 White
St., Apt. 2, 530.89, 5, 535.89
Thomas J. Wernimont, 1328 Jackson St,
171.86, 5, 176.86
Timothy K. Manning, 1552 Locust St.,
118.53, 5, 123.53
Toby Kress, 3020 N Cascade Rd., 32.55,
5, 37.55
Tom J. Ede, 3951 Inwood Ave., 147.38, 5,
152.38
Tony J. Schueller, 1775 Bristol Dr., 79.54,
5, 84.54
Walter W. Mclaughlin, 689 W 8th St.,
106.78, 5, 111.78
Wayne & Allie Ross, 556 W 17th St.,
173.24, 5, 178.24
Wendy T. & David A. Miller, 82 Collins St.,
221.53, 5, 226.53
William Fay, 1285 Rockdale Rd., 99.09, 5,
104.09
180 Regular Session, May 16, 2011 Book 141
William L. Delaney, 554 W Locust St.,
33.73, 5, 38.73
Wm. L. Cook, 2227 Washington St., 51.96,
5, 56.96
Federal Emergency Management Agency
(FEMA): City Manger transmitting a communi-
cation from Luis Rodriguez of the Engineering
Management Branch of the Federal Emergen-
cy Management Agency notifying the City of
the final flood elevation determination for the
City of Dubuque. Upon motion the documents
were received, filed and referred to the City
Manager.
Dubuque Metropolitan Area Solid Waste
Agency (DMASWA) — Annexation: City Man-
ager transmitting a communication from Marie
Steenlage, City Development Board Adminis-
trator, notifying the City that the documents
granting rights of annexation into the City of
Dubuque to the Dubuque Metropolitan Area
Solid Waste Agency (DMASWA) have been
recorded. Upon motion the documents were
received and filed.
Dubuque Metropolitan Area Solid Waste
Agency (DMASWA) — Recycling: Communica-
tion from Chuck Goddard, Dubuque Metropoli-
tan Area Solid Waste Agency Administrator,
advising the City that electronics will no longer
be buried at the Dubuque Metro Landfill and
recommending recycling options. Upon motion
the documents were received and filed.
2011 Sidewalk Assessment Project: City
Manager recommending approval of the final
assessments for the Sidewalk Assessment
Project at 80 -82 Clarke Drive. Upon motion the
documents were received and filed and Reso-
lution No. 162 -11 Adopting the Final Assess-
ment Schedule for the Sidewalk Assessment
Project was adopted.
RESOLUTION NO. 162 -11
ADOPTING THE FINAL ASSESSMENT
SCHEDULE FOR THE SIDEWALK AS-
SESSMENT PROJECT
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule
of Assessments as shown on the attached
sheet(s), Page 1 to Page 1 inclusive, is hereby
approved for the Sidewalk Assessment Pro-
ject.
There is hereby assessed and levied as a
special tax against and upon each of the bene-
fited properties, the respective sums indicated.
The amounts shown in said Final Schedule of
Assessments as deficiencies are found to be
proper and levied conditionally against the
respective properties benefited by the im-
provements as shown in the Final Schedule of
Assessments, subject to the provisions of Iowa
Code § 384.63. Said assessments against
said lots are hereby declared to be in propor-
tion to the special benefits conferred and not in
excess of twenty -five percent of the value of
same.
The City Clerk be and is hereby directed to
certify the Final Schedule of Assessments to
the County Treasurer of Dubuque County,
Iowa, and to publish notice of said certification
once each week for two consecutive weeks in
the manner provided in Iowa Code § 362.3,
the first publication of which shall be not more
than fifteen days from the date of filing of the
Final Schedule of Assessments. On or before
the date of the second publication of the no-
tice, the City Clerk shall also mail a copy of
said notice to property owners whose property
is subject to assessment, as provided in Iowa
Code § 384.60.
The assessments may be paid in full or in
part without interest at the office of the City
Treasurer, City Hall, 50 W. 13th Street, Dubu-
que, Iowa, at any time within 30 days after the
date of the first notice of the Final Schedule of
Assessments. Thereafter, unpaid assessments
of $100.00 or more are payable in 10 annual
installments at the County Treasurer's Office,
Dubuque County Courthouse, 720 Central
Avenue, Dubuque, Iowa, and will draw annual
interest at nine percent (9 %) computed to De-
cember 1 next following the due dates of the
respective installments as provided in Section
384.65 of the Code of Iowa. Each installment
will be delinquent from October 1 following its
due date on July 1 of each year. However,
when the last day of September is a Saturday
or Sunday, that amount shall be delinquent
from the second business day of October. De-
linquent installments will draw the same delin-
quent interest as ordinary taxes. Property
owners may elect to pay any annual install-
ments semi - annually in advance.
Passed, approved and adopted this 16th
day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
CITY OF DUBUQUE IOWA
2011 SIDEWALK ASSESSMENT PROJECT
FINAL ASSESSMENTS
DATE: APRIL 25, 2011
The following schedule is hereby deter-
mined to show each lot proposed to be as-
sessed for the improvement shown in the title
together with the amount proposed to be as-
sessed against each lot and the valuation
shown opposite each lot are herby fixes as the
true valuations of such lots by the City Council
of the City of Dubuque:
Book 141 Regular Session, May 16, 2011 181
Property Owner, Lot Description, Parcel #,
Valuation, Valuation w /Impr, Assessment,
Total Net Assessment
Husemann, Larry H. & Brenda A., Lot 1 &
2 -2 Duncan Sub., 10 24 260 003, $85,800,
$86,439.30, $639.20, $639.20
Assistant City Attorney: City Attorney rec-
ommending the appointment of Maureen A.
Quann as Assistant City Attorney. Upon mo-
tion the documents were received and filed
and Resolution No. 163 -11 Approving the ap-
pointment of Maureen A. Quann as Assistant
City Attorney for the City of Dubuque was
adopted.
RESOLUTION NO. 163 -11
APPROVING THE APPOINTMENT OF
MAUREEN A. QUANN AS ASSISTANT CITY
ATTORNEY FOR THE CITY OF DUBUQUE
Whereas, Assistant City Attorney James
(Tim) A. O'Brien has announced his retirement
effective August 1, 2011 after honorably serv-
ing as legal counsel for the City of Dubuque for
twenty -eight years; and
Whereas, City Attorney Barry A. Lindahl
has recommended that his appointment of
Maureen A. Quann as Assistant City Attorney
be approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The appointment of Maureen A. Quann as
Assistant City Attorney for the City of Dubuque
effective July 1, 2011 is hereby approved.
Passed, approved and adopted this 16th
day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Franklin Investments, Inc.: City Manager
recommending approval of a Housing Enter-
prise Zone Program Agreement by and among
the Iowa Department of Economic Develop-
ment, the City of Dubuque and Franklin In-
vestments, LLC related to the redevelopment
of a historic building located at 39 Bluff Street.
Upon motion the documents were received
and filed and Resolution No. 164 -11 Approving
a Housing Enterprise Zone Program Agree-
ment by and among the Iowa Department of
Economic Development, the City of Dubuque
and Franklin Investments, LLC was adopted.
RESOLUTION NO. 164 -11
APPROVING A HOUSING ENTERPRISE
ZONE PROGRAM AGREEMENT BY AND
AMONG THE IOWA DEPARTMENT OF
ECONOMIC DEVELOPMENT, THE CITY OF
DUBUQUE AND FRANKLIN INVESTMENTS,
LLC
Whereas, the City of Dubuque has estab-
lished two Enterprise Zones and an Enterprise
Zone Commission; and
Whereas, the Enterprise Zone Commission
on March 17, 2011 approved the application of
Franklin Investments, LLC for Housing Enter-
prise Zone benefits; and
Whereas, Franklin Investments, LLC's ap-
plication was approved by the Iowa Depart-
ment of Economic Development on April 8,
2011; and
Whereas, the Iowa Department of Eco-
nomic Development has prepared and submit-
ted for City Council approval an agreement
relating to Housing Enterprise Zone benefits
for Franklin Investments, LLC., a copy of
which is attached hereto and by this reference
made a part hereof; and
Whereas, the City Council finds that the
proposed agreement is acceptable and neces-
sary to the growth and development of the city.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of
Economic Development Housing Enterprise
Zone Program Agreement, Number 11 -HEZ-
041, is hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Agree-
ment on behalf of the City of Dubuque and
forward the executed copy to the Iowa De-
partment of Economic Development for their
approval.
Passed, approved and adopted this 16th
day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Arts Our Town Grant: City Manager rec-
ommending submittal of a grant to the National
Endowment for the Arts (NEA) for the Arts Our
Town Grant to further arts initiatives in the
Historic Millwork District. Upon motion the
documents were received, filed, and approved.
Dubuque Main Street Farmer's Market
Banner Design: City Manager recommending
approval of the banner design for the Dubuque
Main Street Farmer's Market banner to be
hung on light poles on 12th 13th and Iowa
Streets. Upon motion the documents were
received, filed, and approved.
Dubuque Community School District
Communication from Shirley Horstman and
Ruth Ellis of the Dubuque Community School
District thanking the City for its support of the
21st Century Community Learning Center
grant, which they received this past April. Up-
on motion the document was received and
filed.
182 Regular Session, May 16, 2011 Book 141
U.S. Department of Housing and Urban
Development (HUD): City Manager transmit-
ting a communication from Jordan Garrison,
Governmental Technical Representative from
HUD, advising the City of their approval of the
Lead Hazard Control Grant Program final re-
port. Upon motion the documents were re-
ceived and filed.
Mediacom: Communication from Lee
Grassley, Sr. Manager of Government Rela-
tions for Mediacom Communications Compa-
ny, notifying the City of programming changes.
Upon motion the document was received and
filed.
Civil Service Commission: Civil Service
Commission submitting the certified lists for
the positions of medical officer and scale op-
erator. Upon motion the documents were re-
ceived, filed and made a Matter of Record.
March 16, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Medical Officer was conducted on February
23, 2011. We hereby certify that the following
individuals have passed this written examina-
tion and the vacancy for this position should be
made from this list and that this list is good for
two (2) years from above date.
MEDICAL OFFICER
Kyle Burke
Adam Feyen
Mark Weitz
Jason Lueken
Respectfully submitted,
Daniel White, Chairperson
Jim Schilling
Betty Takes
Civil Service Commission
March 16, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Scale Operator was administered on Febru-
ary 22, 2011. We hereby certify that the indi-
viduals listed below have passed this written
examination and the vacancy for this position
should be made from this list and that this list
is good for two (2) years from above date.
SCALE OPERATOR
David Beals
Robert Kinder
Rochelle Reiter
Alexander Kass
Tom Bechen
Bri'Anna Folks
Thomas Sheldon
Ryan Plumley
Kenneth Miller
Nicholas Connolly
Cory McClain
Teresa Behnke
Matthew Gasper, J
Carolyn Lake
Lisa Wehrspann
Cindy Schroeder
Robert Lynn
Albert Stuart, Jr.
Denise Mohr
Jere Gardner
Ryan McGovern
Darren DeMoss
Scott Prochaska
Carrie Schreyer
Michael Kobusch
Karla Pfab
Allan Callahan
Pamela Krug
Christopher Lester
Julie Weiler
Gregory Williams
Daniel Jensen
Patrick Caudill
Keith Woodyard
r. Alan Kutsch
Nikki Mensen
Shawn Furlong
Tara Blanchard
Kerry Bradley
James Kopp
Michelle Pregler
Jason Cornwell
Douglas Kuehn
Sheila Rooney
Respectfully submitted,
Daniel White, Chairperson
Jim Schilling
Betty Takes
Civil Service Commission
Mines of Spain Agricultural Exhibit — HRDP
Grant Application: City Manager recommend-
ing approval to submit a grant application of
the Friends of the Mines of Spain for a Historic
Resource Development Program (HRDP)
grant to fund a new History of Agriculture at
the Mines of Spain Exhibit. Upon motion the
documents were received, filed, and approved.
Mines of Spain Agricultural Exhibit —
SSNHA Grant Application: City Manager rec-
ommending approval to submit a grant appli-
cation of the Friends of the Mines of Spain for
a Silos and Smokestacks National Heritage
Areas (SSNHA) grant to fund a new History of
Agriculture at the Mines of Spain Exhibit. Upon
motion the documents were received, filed,
and approved.
Holy Ghost Catholic Historic District: City
Manager transmitting the Holy Ghost Catholic
Historic District, 2887 -2921 Central Avenue,
for nomination to the National Register of His-
toric Places. Upon motion the documents were
received, filed, and approved.
Four Mounds Estate — HRDP Grant Appli-
cation: City Manager transmitting a grant ap-
plication of the Four Mounds Foundation to the
State Historic Preservation for Historic Re-
source Development Program (HRDP) grant
Book 141 Regular Session, May 16, 2011 183
funds for the exterior rehabilitation of the White
House and the access around it at the Four
Mounds Estate Historic District. Upon motion
the documents were received, filed, and ap-
proved.
Mathias Ham House — HRDP Grant Appli-
cation: City Manager transmitting a grant ap-
plication of the Dubuque County Historical
Society to the State Historic Preservation Of-
fice for the Historic Resource Development
Program (HRDP) grant funds for interior resto-
ration of the Mathias Ham House. Upon mo-
tion the documents were received, filed, and
approved.
Iowa Department of Transportation — Con-
solidated Funding: City Manager recommend-
ing approval of the Consolidated Funding ap-
plication and Authorizing Resolution that was
submitted to the Iowa Department of Transpor-
tation for Fiscal Year 2012 funding for The
Jule. Upon motion the documents were re-
ceived, filed, and approved.
Signed Contracts: A) Municipal Services
Center Cold Storage Mezzanine Project; B)
Building Roof Replacement for Flora and Sut-
ton Pools; C) Iowa Street Parking Ramp Re-
Lamping Project; D) 2011 City of Dubuque
Sidewalk, General Concrete and Miscellane-
ous Right -of -Way Work. Upon motion the doc-
uments were received and filed.
Liquor License - Transfer of Service: Appli-
cation of the Rotary Club of Dubuque to trans-
fer their liquor license from 135 W. 8th Street to
A.Y. McDonald Park on June 9, 2011 for the
ARC Games. Upon motion the documents
were received, filed and approved.
Liquor License — Applications: City Manag-
er recommending approval of annual liquor
license renewals as submitted. Upon motion
the documents were received and filed and
Resolution No. 165 -11 Granting the issuance
of a Class "B" Beer Permit (5 -Day) License to
the Dubuque Jaycees; a Class "C" Beer Permit
to Casey's General Store #2420, Casey's
General Store #2421, and Walgreens #6154;
and Resolution No. 166 -11 Granting the issu-
ance of a Class "B" (Hotel /Motel) Liquor Li-
cense to Days Inn & Spirits Bar & Grill; a Class
"C" Beer /Liquor License to Kalmes Breaktime
Bar & Grill, Easy Street, Shenanigan's, and
Northside Bar; a Special Class "C" Liquor Li-
cense to Olde Main Cookery, and Naughty
Dog Deli and Coffee Bar; a Class "B" Wine
License to Walgreens #6154, and Olde Main
Cookery; and a Class "WBN" Native Wine Li-
cense to Casey's General Store #2420, Ca-
sey's General Store #2421, and Naughty Dog
Deli and Coffee Bar were adopted.
RESOLUTION NO. 165 -11
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
ined and approve; 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 City Manager be authorized to
cause to be issued the following named appli-
cants a Beer Permit.
CLASS "B" BEER PERMIT (5 -DAY LICENSE)
Dubuque Jaycees, Inc., Dubuque Jaycees
+(Sunday /Outdoor Sale), 501 Bell Street
CLASS "C" BEER PERMIT
Casey's Marketing Co., Casey's General
Store #2420 +(Sunday Sale), 2699 Rockdale
Road
Casey's Marketing Co., Casey's General
Store #2421 +(Sunday Sale), 4003 Peru Road
Walgreens Co., Walgreen's # 6154
+(Sunday Sale), 2260 JFK Road
Passed, approved and adopted this 16th
day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 166 -11
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
nances relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Liquor License.
CLASS "B" (HOTEL /MOTEL)
LIQUOR LICENSE
RonSan Enterprises, Inc., Days Inn & Spir-
its Bar & Grill +(Sunday /Outdoor Sale), 1111
Dodge Street
CLASS "C" BEER /LIQUOR LICENSE
Kalmes Brothers, LLC, Kalmes Breaktime
Bar & Grill +(Sunday Sale), 1097 Jackson St.
Easy Street, LLC, Easy Street +(Sunday
Sale), 30 Main St.
184 Regular Session, May 16, 2011 Book 141
Shenanigans Pub LLC, Shenanigans Pub
+(Sunday Sale), 3203 Jackson St.
Northside Bar, Inc., Northside Bar (1 -Day
Outdoor Sale), 2776 Jackson St.
SPECIAL CLASS "C" LIQUOR
SJC, LLC, Olde Main Cookery
+(Sunday /Outdoor Sale), 289 Main St.
Naughty Dog Coffee Bar /Deli, Naughty
Dog Coffee Bar /Deli +(Sunday /Outdoor Sale),
1108 Locust St.
CLASS "B" WINE
Walgreen Co., Walgreen #6154, 2260 JFK
Rd.
SJC, LLC, Olde Main Cookery, 289 Main
St.
CLASS "WBN" NATIVE WINE
Casey's Marketing, Casey's General Store
# 2420, 2699 Rockdale Rd.
Casey's Marketing, Casey's General Store
# 2421, 4003 Peru Rd.
Naughty Dog Coffee Bar /Deli, Naughty
Dog Coffee Bar /Deli, 1108 Locust St.
Passed, approved and adopted this 16th
day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Connors to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Jones. Motion carried 7 -0.
Kaufmann Avenue Resurfacing HMA Re-
surfacing Project City Manager recommend-
ing initiation of the public bidding process for
the Kaufmann Avenue Hot Mix Asphalt (HMA)
Resurfacing Project and that a public hearing
be set for June 6, 2011. Upon motion the doc-
uments were received and filed and Resolution
No. 167 -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
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.
RESOLUTION NO. 167 -11
KAUFMANN AVENUE HMA RESURFACING
PROJECT (JOHN F. KENNEDY ROAD TO
CARTER ROAD), IOWA DOT PROJECT NO.
STP -U -2100 (662)- -70 -31
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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 Kaufmann
Avenue HMA Resurfacing Project (John F.
Kennedy Road to Carter Road), Iowa DOT
Project No. STP -U- 2100(662)-- 70 -31, in the
estimated amount $660,323.90, are hereby
preliminarily approved and ordered filed in the
office of the City Clerk for public inspection.
A public hearing will be held on the 6th day
of June, 2011, at 6:30 p.m. in the Historic Fed-
eral Building Council Chambers at which time
interested persons may appear and be heard
for or against the proposed plans and specifi-
cations, 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 pub-
lished in a newspaper having general circula-
tion 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 con-
tract, or estimated cost of the Project.
The Kaufmann Avenue HMA Resurfacing
Project (John F. Kennedy Road to Carter),
Iowa DOT Project No. STP-U- 2100(662) - -70-
31 is hereby ordered to be advertised for bids
for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements 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
before 10:00 a.m. Central Time, with opening
and reading of bids by the Iowa Department of
Transportation on the 21st day of June, 2011.
Bids shall be opened and read by the Iowa
Department of Transportation after 10:30 a.m.
Central Time on the same date and will be
submitted to the City Council for final action on
the 5th day of July, 2011, in the Historic Feder-
al Building Council Chambers (second floor),
350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 16th
day of May, 2011.
Roy D. Buol, Mayor
Book 141 Regular Session, May 16, 2011 185
Attest: Kevin S. Firnstahl, Acting City Clerk
ABC Supply Lease Agreement: City Man-
ager recommending setting a public hearing
on the proposed lease of a building located at
10 S. Main Street to American Builders and
Contractor's Supply Co., Inc (ABC). Upon mo-
tion the documents were received and filed
and Resolution No. 168 -11 Intent to dispose of
an interest in real property owned by the City
of Dubuque by lease between the City of
Dubuque, Iowa, and American Builders and
Contractor's Supply Co., Inc., was adopted
setting a public hearing for a meeting to com-
mence at 6:30 p.m. on June 6, 2011 in the
Historic Federal Building.
RESOLUTION NO. 168 -11
INTENT TO DISPOSE OF AN INTEREST IN
REAL PROPERTY OWNED BY THE CITY OF
DUBUQUE BY LEASE BETWEEN THE CITY
OF DUBUQUE, IOWA AND AMERICAN
BUILDERS AND CONTRACTOR'S SUPPLY
CO., INC.
Whereas, the City of Dubuque, Iowa (City)
owns the real property located at 10 S. Main
Street in the City of Dubuque, Iowa, legally
described as follows:
Parcel "B ", located in Block 14 of
Dubuque Harbor Company Addition,
in the City of Dubuque, as shown and
described in Warranty Deed recorded
April 29, 2005 in Document No. 2005-
00006524 in the records of Dubuque
County, Iowa, (the Real Estate); and
Whereas, City and American Builders and
Contractor's Supply Co., Inc. have negotiated a
Lease Agreement for a building located on the
Real Estate, a copy of which Lease Agreement
is on file at the office of the City Clerk, City Hall,
13th and Central Avenue, Dubuque, Iowa; and
Whereas, the City Council believes it is in
the best interests of the City of Dubuque to ap-
prove the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City of Dubuque intends to
dispose of its interest in the Real Estate by
Lease Agreement between City and American
Builders and Contactors Supply Co., Inc.
Section 2. The City Clerk is hereby author-
ized 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
City's intent to dispose of the foregoing-
described real property, to be held on the 6h day
of June, 2011, at 6:30 o'clock p.m. at the Historic
Federal Building, Council Chambers, 350 W. 6th
Street, Dubuque, Iowa.
Passed, approved and adopted this 16th day
of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
BOARDS /COMMISSIONS
Appointments to the following Boards/
Commissions:
Electrical Code Board: Five 3 -year terms
through May 21, 2014 (Expiring terms of Dix-
on, Hammel, Mueller, Pfohl and Reiss). Appli-
cants. James Dixon, 2505 Marquette Place;
Dan Hammel, 3163 Hillcrest Road, #4; Ronald
Mueller, 3780 Sunlight Ridge; Kevin Pfohl,
1878 Hummingbird Drive (Additional Appli-
cant); and Elaine Reiss, 2222 Roosevelt Street
(Additional Applicant). Motion by Connors to
appoint James Dixon, Dan Hammel, Ronald
Mueller, Kevin Pfohl, and Elaine Reiss to the
Electrical Code Board for 3 -year terms through
May 21, 2014. Seconded by Lynch. Motion
carried 7 -0.
Safe Community Advisory Committee: One
1 -year term through December 31, 2011 (Va-
cant term of Sutton). Applicants: Amanda
Elkins, 2257 Chaney Road, #2; and Douglas
Ropa, 1190 University Avenue. Following a
roll -call vote of 5 -2, Amanda Elkins was ap-
pointed to the Safe Community Advisory
Committee for a 1 -year term through Decem-
ber 31, 2011.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
Hillcrest Family Services — Request to
Amend ID Institutional District: Proof of Publi-
cation on the notice of public hearing to con-
sider a request by Hillcrest Family Services to
amend the ID Institutional District for property
located at 2005 Asbury Road and the Zoning
Advisory Commission recommending approv-
al. 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. Michael
Luedtke, Vice President of Finance for Hillcrest
Family Services, spoke in support of the re-
quest adding that a setback had been made in
the original site plan to alleviate traffic con-
cerns in the area. Motion carried 7 -0.
Motion by Connors for final consideration
and passage of Ordinance No. 32 -11 Amend-
ing Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, re-
scinding Ordinances 41 -92, 55 -00, 18 -03 and
08 -09 and approving an amended Campus
Development Plan for Hillcrest Family Services
186 Regular Session, May 16, 2011 Book 141
ID Institutional District for a new chapel, gym-
nasium and classroom building. Seconded by
Resnick. Motion carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 32 -11
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, RESCINDING
ORDINANCES 41 -92, 55 -00, 18 -03 AND 08-
09, AND APPROVING AN AMENDED CAM-
PUS DEVELOPMENT PLAN FOR HILL -
CREST FAMILY SERVICES INSTITUTIONAL
DISTRICT FOR A NEW CHAPEL, GYMNA-
SIUM AND CLASSROOM BUILDING
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 Devel-
opment Code and rescind Ordinances No. 41-
92, 55 -00, 18 -03 and 08 -09 and adopting a
revised campus development plan for a new
Chapel, Gymnasium„ and Classroom Build-
ings for the Hillcrest Family Services Institu-
tional District for the following property, to wit:
All of Lot 2 of Lot 2 of Lot 1 of Lot 1 of
Link's Subdivision, except the south-
easterly 38 feet thereof, Lot 2 of the
Subdivision of Lot 1 of Lot 2 of Mineral
Lot 261; Lot 1 of the Subdivision of Lot
1 of Lot 2 of Mineral Lot 261, Mettel
Link Place; Lot 2 of Lot 2 of Lot 1 of Lot
2 of Lot 1 of Lot 1 of Link's subdivision;
Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of
Lot 2 of Lot 1 of Lot 1 of Link's Subdivi-
sion; and Lot 1 of Lot 1 of Lot 1 of Lot 1
of Lot 1 of Lot 2 of Lot 1 of Lot 1 of
Link's Subdivision; Lot 1 and Lot 2 of
Peterson's Subdivision; all of Lot 2 of
Lot 2 of Lot 1 of Lot 1 of Link's Subdivi-
sion except for the southeasterly 38 feet
thereof, Lot 4 of 1 and Lot 5 of 1 of
Link's Subdivision, and to the centerline
of the adjoining public right -of -way, all in
the City of Dubuque, Iowa.
Section 2. That in order to accomplish the
purposes of the ID Institutional district and of
the Zoning Ordinance, the above - described
property is subject to the following conditions
and restrictions:
A. Use Regulations
The following regulations shall apply to
all uses made of land in the above -
described ID Institutional District:
1. Principal permitted uses shall be
limited to the following:
a. Residential care facili-
ties.
b. Classrooms.
c. Offices for administrative
personnel or other insti-
tutional employees or af-
filiates.
d. Place of religious exer-
cise or assembly for the
primary use and benefit
of institutional residents
or affiliates.
e. Off - street parking and
loading.
f. Recreational or athletic
facilities for the primary
use and benefit of institu-
tional residents or affili-
ates.
Existing private uses of
structures situated within
an ID District for which
the R -3 District stand-
ards shall apply.
2. Conditional use shall be regulated
by Section 5 -22.2 of the Unified
Development Code.
3. Accessory uses shall be regulated
by Section 5 -22.3 of the Unified
Development Code.
B. Lot and Bulk Regulations
Development of land in the ID Institu-
tional District shall be regulated as fol-
lows:
1. That the proposed chapel, gym-
nasium and classroom buildings
shall be located in substantial
conformance with the attached
amended conceptual develop-
ment plan.
2. A minimum front yard setback of
25 feet is required for all struc-
tures.
3. That all previously- approved
campus development plans are
hereby superseded to allow for
the attached development plan.
C. Site Development Standards
The site development standards for
this ID Institutional District shall be es-
tablished as follows:
1. Site plans shall be submitted in
compliance with Section 12 Site
plans of the Unified Development
Code.
2. New outdoor lighting shall comply
with Section 13 -3.1 Site Lighting
of the Unified Development Code.
3. That storm water from new facili-
ties shall comply with Section 13-
3.3 Storm Water Management of
the Unified Development Code.
4. Landscaping and screening re-
quirements shall be established in
accordance with the requirements
of Section 13 -4.4 of the Unified
Development Code.
g
Book 141 Regular Session, May 16, 2011 187
5. Trash enclosures shall comply
with Section 13 -4.9 Exterior Trash
Collection Areas of the Unified
Development Code.
D. Sign Regulations
The sign regulations shall be the same
as that which are allowed for ID Dis-
tricts in Section 15 -11.13 of the Unified
Development Code of the City of
Dubuque, Iowa.
E. Parking Standards
The off - street parking requirement for
the principal permitted uses for the
herein described ID Institutional Dis-
trict shall be regulated as follows:
1. That 20 off - street parking spaces
shall be added adjacent to the
proposed gymnasium /classroom
buildings.
2. That new off - street parking spac-
es shall be designed and con-
structed in compliance with Sec-
tion 13 -3.5 Parking Lot Layout of
the Unified Development Code.
3. Any significant expansion or re-
duction in the number of off - street
parking spaces must be reviewed
by Planning Services staff for
compliance with the adopted Hill -
crest Family Services Institutional
District.
F. Transfer of Ownership
Transfer of ownership or lease of
property in this ID Institutional District
shall include the transfer or lease
agreement, the provision that the pur-
chaser or leasee acknowledges
awareness of the conditionals author-
izing the establishment of this district.
G. Modifications
Any modifications of this Ordinance
must be approved by the City council
in accordance with zoning reclassifica-
tion proceedings of Section 9 -5 of the
Unified Development Code.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 4. This Ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 16th
day of May, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, Acting City Clerk
Published officiallx, in the Telegraph Herald
Newspaper the 20 day of May, 2011
/s /Kevin S. Firnstahl, Acting City Clerk
Walter Development, LLC and TM Logis-
tics, Inc.: Proof of publication on notice of pub-
lic hearing to consider the sale of 2.616 acres
in the Dubuque Industrial Center West to Wal-
ter Development, LLC and TM, Logistics, to
build a 10,000 sq. ft. office for expansion plans
of their current business. Motion by Lynch to
receive and file the documents and adopt
Resolution No. 169 -11 Approving a Develop-
ment Agreement providing for the sale of
2.616 acres in the Dubuque Industrial Center
West 4th Addition to Walter Development, LLC
and TM, Inc. Seconded by Jones. Motion car-
ried 7 -0.
RESOLUTION NO. 169 -11
APPROVING A DEVELOPMENT AGREE-
MENT PROVIDING FOR THE SALE OF 2.616
ACRES IN THE DUBUQUE INDUSTRIAL
CENTER WEST 4th ADDITION TO WALTER
DEVELOPMENT, LLC AND TM, INC.
Whereas, the City Council, by Resolution
No. 154 -11, dated May 2, 2011 declared its
intent to enter into a Development Agreement
with Walter Development, LLC and TM, Inc. for
the sale of 2.616 acres in the Dubuque Indus-
trial Center West 4th Addition (the Property);
and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position on May 16, 2011 at 6:30 p.m. in the
Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa; and
Whereas, it is the determination of the City
Council that approval of the Development
Agreement for the sale to and development of
the Property by Walter Development, LLC and
TM, Inc. according to the terms and conditions
set out in the Development Agreement is in the
public interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development
Agreement by and between the City of Dubu-
que, Walter Development, LLC and TM, Inc.
for the sale of the Property is hereby ap-
proved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Develop-
ment Agreement on behalf of the City and City
Clerk is authorized and directed to attest to his
signature.
Section 3. That the Mayor and City Clerk
are hereby authorized and directed to execute
and deliver a Special Warranty Deed for the
Property as provided in the Development
Agreement.
Section 4. That the City Manager is author-
ized to take such actions as are necessary to
comply with the terms of the Development
Agreement as herein approved.
Passed, approved and adopted this 16th
day of May, 2011.
188 Regular Session, May 16, 2011 Book 141
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
US Hwy 61 / 151 Capacity Improvements:
Proof of publication on notice of public hearing
to consider approval of plans, specifications,
form of contract, and the estimated cost for the
US 61/151 Capacity Improvements Project.
Motion by Lynch to receive and file the docu-
ments and adopt Resolution No. 170 -11 Ap-
proval of plans, specifications, form of con-
tract, and estimated cost for the US 16/151
Capacity Improvements Project, Iowa DOT
Project No. STP -A- 061 - 9(128) — 22 -31. Se-
conded by Braig. Motion carried 7 -0.
RESOLUTION NO. 170 -11
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE US 61/151 CAPACITY IM-
PROVEMENTS PROJECT, IOWA DOT PRO-
JECT NO. STP -A- 061 - 8(128) — 22 -31
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 US
61/151 Capacity Improvements Project, Iowa
DOT Project No. STP -A- 061 - 8(128) — 22 -31, in
the estimated amount $1,408,200.00, are
hereby approved.
Passed, adopted and approved this 16th
day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
Dubuque Initiatives: City Manager recom-
mending approval of an amendment to the
Development Agreement between the City of
Dubuque and Dubuque Initiatives for the rede-
velopment of the Roshek Building. Motion by
Jones to receive and file the documents and
adopt Resolution No. 171 -11 Approving the
second amendment to the Roshek Building
Development Agreement. Seconded by Braig.
Responding to questions from City Council,
Economic Development Director Dave Heiar
provided information regarding the increase in
tax credits and additional project allowance.
Motion carried 7 -0.
RESOLUTION NO. 171 -11
APPROVING THE SECOND AMENDMENT
TO THE ROSHEK BUILDING DEVELOP-
MENT AGREEMENT
Whereas, a Development Agreement (the
Agreement), dated February 17, 2009, was
entered into by and between the City of Dubu-
que, a municipal corporation of the State of
Iowa (City), and Dubuque Initiatives (Develop-
er); and
Whereas, this Development Agreement
was amended (First Amendment) on April 27,
2009; and
Whereas, City and Dubuque Initiatives now
desire to amend the Development Agreement
as set forth attached Second Amendment; and
Whereas, Dubuque Initiatives desires to
fund a reserve account for priority return and
put payments with tax credit funding.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Second Amendment of
the Dubuque Initiatives Development Agree-
ment is hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute said Second
Amendment 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 Manager is author-
ized to take such actions as are necessary to
implement the terms of the Second Amend-
ment as herein approved.
Passed, approved and adopted this 16th
day of May 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Safe Community Task Force Recommen-
dation - Urban Youth Corps: City Manager
recommending approval of a grant agreement
with the Iowa Department of Transportation
Urban Youth Corps program. Motion by Con-
nors to receive and file the documents and
approve the recommendation. Seconded by
Jones. Responding to questions from City
Council, Leisure Services Manager Marie
Ware stated that it is expected applicants will
be recruited from the Dubuque area from pro-
motion through City programs and local agen-
cies. Motion carried 7 -0.
2011 Sewer Cured -in -Place Pipe (CIPP)
Lining Project Award: City Manager recom-
mending the award of the contract for the 2011
Sewer Cured -in -Place Pipe (CIPP) Lining Pro-
ject to Visu- Sewer, Inc., in the amount of
$94,219.00. Motion by Lynch to receive and
file the documents and adopt Resolution No.
172 -11 Awarding public improvement contract
for the 2011 Sewer Cured -in -Place Pipe
(CIPP) Lining Project. Seconded by Resnick.
Motion carried 7 -0.
Book 141 Regular Session, May 16, 2011 189
RESOLUTION NO. 172 -11
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE 2011 SEWER CURED -IN-
PLACE PIPE (CIPP) LINING PROJECT
Whereas, sealed proposals have been
submitted by contractors for the 2011 Sewer
Cured -in -Place Pipe (CIPP) Lining Project (the
Project) pursuant to Resolution No. 136 -11
and Notice to Bidders published in a newspa-
per published in the City of Dubuque, Iowa on
the 18th day of April, 2011.
Whereas, said sealed proposals were
opened and read on the 5th day of May, 2011
and it has been determined that Visu- Sewer,
Inc., of Pewaukee, Wisconsin, with a bid in the
amount of $94,219.00, is the lowest respon-
sive, responsible bidder for the Project.
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 Visu - Sewer, Inc.
and the City Manager is hereby directed to
execute a Public Improvement Contract on
behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 16th
day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
AmeriCorps Vista Summer Associate: City
Manager recommending approval of an Amer -
iCorps Vista Memorandum of Agreement for
an AmeriCorps Vista summer associate posi-
tion with the Iowa Commission on Volunteer
Service. Motion by Jones to receive and file
the documents and approve the recommenda-
tion. Seconded by Braig. Motion carried 7 -0.
Non - Profit and Commercial Energy Effi-
ciency Revolving Loan Fund: City Manager
recommending approval of an agreement with
ECIA Business Growth to administer the City's
Non - Profit and Commercial Energy Efficiency
Revolving Loan Fund program as allocated
through the AARA (Stimulus Package) Energy
Efficiency and Conservation Block Grant
(EECBG). Motion by Jones to receive and file
the documents and approve the recommenda-
tion. Seconded by Resnick. Motion carried 7 -0.
Intermodal Transportation Center Consult-
ant Selection: City Manager recommending
authorization to negotiate a contract with
Neumann Monson for Phase II (Design Engi-
neering) to further investigate the attributes of
the Historic Millwork District as a site for the
Intermodal Transportation Center and begin
preliminary design. Motion by Lynch to receive
and file the documents and approve the rec-
ommendation. Seconded by Connors. Motion
carried 7 -0.
Bicycle Friendly Community: City Manager
recommending the appointment of Planning
Services Manager Laura Carstens as Bicycle
Program Manager as part of the application
process to be designated as a Bicycle Friendly
Community by the League of American Bicy-
clists. Motion by Connors to receive and file
the documents and concur with the recom-
mendation. Seconded by Jones. Motion car-
ried 7 -0.
Green Dubuque: City Manager transmitting
a communication from Jason Schatz, Presi-
dent of Green Dubuque, Inc., requesting a City
Council work session to present the recom-
mendations of the Dubuque Community
Greenhouse Gas Reduction Task Force. Mo-
tion by Jones to receive and file the docu-
ments and have Office Manager Juanita Hilkin
schedule the work session. Seconded by Con-
nors. Motion carried 7 -0.
Sister City Relationships: Mayor Buol sub-
mitting the proclamation for establishing an
official Sister City relationship with Dornbirn,
Austria. Motion by Lynch to receive and file the
documents and approve the proclamation.
Seconded by Braig. Motion carried 7 -0.
There being no further business, upon motion
the City Council adjourned at 7:16 p.m.
/s/Kevin S. Firnstahl
Acting City Clerk
190 Regular Session, June 6, 2011 Book 141
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in regular
session at 6:30 p.m. on June 6, 2011 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members,
Braig, Connors, Jones, Lynch, Resnick (Via
Telephone), Sutton, City Manager Van Milli -
gen, City Attorney Lindahl
Mayor Buol read the call and stated this is
a regular session of the City Council to act
upon such business that may properly come
before the City Council.
Pledge of Allegiance
Invocation was provided by Pastor Rex
Rains of New Life Church.
PROCLAMATIONS
ARC Corporate Community Games Day
(June 9, 2011) presented and read; Dump -the-
Pump Day (June 16, 2011) presented and
read; Juneteenth Day (June 19, 2011) was
accepted by Kathy Sutton, NAACP Treasurer
and Juneteenth Day committee member; Gay
Pride Month (June 2011) was accepted by
Jessica Perry of Rainbow Pride; Apples for
Students Months (June /July 2011) was ac-
cepted by Karen Tuecke of St. Mark Commu-
nity Center.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Motion
carried 7 -0.
Minutes and Reports Submitted: Arts and
Cultural Affairs Advisory Commission of 4/26;
City Council Proceedings of 5/16; Community
Development Advisory Commission of 4/20;
Environmental Stewardship Advisory Commis-
sion of 5/4; Housing Code Appeals Board of
2/15; Housing Commission of 4/26; Long
Range Planning Advisory Commission of 5/18;
Safe Community Advisory Committee of 4/13
Proof of Publication for City Council Pro-
ceedings of May 2, 2011
Upon motion the documents were received
and filed.
Notice of Claims/Suits: Jennifer Hess for
vehicle damage; James Lehman for vehicle
damage; Gina Lynch for vehicle damage; Tri-
cia Mergen for vehicle damage. Upon motion
the documents were received, filed, and re-
ferred 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 Com-
munities Assurance Pool: Danielle Basten for
vehicle damage; Jennifer Hess for vehicle
damage; James Lehman for vehicle damage;
Gina Lynch for vehicle damage. Upon motion
the documents were received, filed, and con-
curred.
Gardener and Assistant Gardener: City
Manager recommending that the positions of
Gardener and Assistant Gardener be re- titled
as Horticulturist and Assistant Horticulturalist
and approval to eliminate one Gardener posi-
tion, creation of one Horticulturist position, and
eliminate two Assistant Gardner positions and
create two Assistant Horticulturist positions.
Upon motion the documents were received,
filed, and approved.
Natural Resources and Sustainable Prac-
tices Specialist: City Manager recommending
the elimination of a Foreman position in the
Leisure Services Department and the creation
of a Natural Resources and Sustainable Prac-
tices Specialist position. Upon motion the doc-
uments were received, filed, and approved.
Landfill Equipment Operator: City Manager
recommending the elimination of the Landfill
Foreman position in the Public Works Depart-
ment and the creation of a Landfill Equipment
Operator position. Upon motion the documents
were received, filed, and approved.
Lead Mechanic: City Manager recommend-
ing the elimination of one Lead Mechanic posi-
tion in the Leisure Services Department and
creating one Mechanic position. Upon motion
the documents were received, filed, and ap-
proved.
Collective Bargaining Agreement (Bus Op-
erators): City Manager recommending approv-
al of a three -year Collective Bargaining
Agreement between the City of Dubuque and
the Teamsters Local Union No. 120 (Bus Op-
erators) for the contract period beginning July
1, 2011. Upon motion the documents were
received and filed and Resolution No.173 -11
Approving the agreement between the City of
Dubuque, Iowa, and the Teamsters Local Un-
ion No. 120 (Bus Operators) and authorizing
the Mayor to sign the agreement was adopted.
Book 141 Regular Session, June 6, 2011 191
RESOLUTION NO. 173 -11
APPROVING THE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA, AND THE
TEAMSTERS LOCAL UNION NO. 120 (BUS
OPERATORS) 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 public
employer within the meaning of Section 3 (1)
of the Public Employment Relations Act; and
Whereas, the Teamsters Local Union No.
120 (Bus Operators), is an employee organiza-
tion within the meaning of Section 3 (4) of the
Public Employment Relations Act; and
Whereas, the Teamsters Local Union No.
120 (Bus Operators), 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.
Passed, approved and adopted this 6th day
of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Request to Vacate — 1900 Block of Garfield
Avenue: Communication from Brian Goranson,
1956 Garfield Avenue, requesting that the City
vacate the alley behind the east side of the
1900 block of Garfield Avenue. Upon motion
the document was received, filed, and referred
to the City Manager.
Dubuque Metropolitan Area Solid Waste
Agency (DMASWA): Communication from
Iowa Secretary of State Matt Schultz informing
the City that the documents pertaining to the
voluntary annexation of territory to the City of
Dubuque for the Dubuque Metropolitan Area
Solid Waste Agency (DMASWA) have been
filed. Upon motion the document was received
and filed.
City of Dubuque Code of Ordinances: City
Manager recommending rescinding Resolution
No. 77 -11 and approval of Supplement No. 4
to the City of Dubuque Code of Ordinances.
Upon motion the documents were received
and filed and Resolution No. 174 -11 Rescind-
ing Resolution No. 77 -11 and adopting Sup-
plement No. 4 to the Code of Ordinances of
the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 174 -11
RESCINDING RESOLUTION NO. 77 -11 AND
ADOPTING SUPPLEMENT NO. 4 TO THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, under date of August 17, 2009,
the City Council of Dubuque, Iowa, pursuant to
Ordinance No. 43 -09, readopted the Code of
Ordinances of the City of Dubuque, Iowa in its
entirety; and
Whereas, since August 17, 2009 the City
Council of the City of Dubuque, Iowa, has
adopted certain ordinances amending the
Code of Ordinances and said amendments
have been printed as supplements to the Code
of Ordinances; and
Whereas, Section 380.8 of the Code of Io-
wa provides that supplements, by resolution,
become part of the Code of Ordinances; and
Whereas, Resolution No. 77 -11 adopted
an unnumbered supplement as Supplement
No. 4, which was intended as an update only
to the Unified Development Code and thereby
is not required to be adopted by resolution.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Resolution No. 177 -11 is hereby
rescinded.
Section 2. That Supplement No. 4 of the
Code of Ordinances of the City of Dubuque,
Iowa, covering Ordinances 58 -10, 59 -10, 60-
10, 63 -10, 65 -10, 1 -11, 5 -11 through 12 -11,
15 -11 through 25 -11, 28 -11 and 29 -11 passed
by Council and enacted through April 4, 2011,
prepared by the Sterling Codifiers, Inc., and
filed in the Office of the City Clerk of the City of
Dubuque, Iowa, is hereby adopted and be-
comes part of the Code of Ordinances of the
City of Dubuque, Iowa.
Passed, approved and adopted this 6th day
of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Long Range Planning Advisory Commis-
sion: Communication from the Long Range
Planning Advisory Commission requesting that
the City Council give strong consideration to
gender equality and diversity when considering
applicants. Upon motion the document was
received and filed.
Westbrook Subdivision Phase 1: City Man-
ager recommending acceptance of the public
improvements with exceptions on North West-
brook Drive, South Westbrook Drive, Trails
Edge Drive, Pebble Creek Drive, and Com-
merce Park, which the developer, Callahan
Construction, has recently completed in West-
brook Subdivision — Phase 1. Upon motion the
documents were received and filed and Reso-
192 Regular Session, June 6, 2011 Book 141
lution No. 175 -11 Accepting public improve-
ments in Westbrook Subdivision — Phase 1
was adopted.
RESOLUTION NO. 175 -11
ACCEPTING PUBLIC IMPROVEMENTS IN
WESTBROOK SUBDIVISION — PHASE 1
Whereas, pursuant to Resolution 385 -03,
certain public improvements were installed by
the developer of Westbrook Subdivision —
Phase 1; and
Whereas, the improvements have been
completed and the City Manager has exam-
ined the work and has filed a certificate stating
that the same has been completed in accord-
ance with the plans approved by the City
Council and in conformance with City specifi-
cations, and has recommended that the im-
provements be accepted by the City Council.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said public
improvements for Lots 1 through 48 of Block 1,
Lots 1 through 10 Block 3, and Lots F, G, H, I,
J, and K of Westbrook Subdivision, except the
stormwater detention facilities, be and the
same is hereby accepted.
Section 2. That maintenance of said public
improvements shall be the responsibility of the
owner, Callahan Construction, for a period of
two (2) years from the date of this resolution.
Passed, approved and adopted this 6th day
of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Historic Federal Building: City Manager
transmitting correspondence from Rachel
Franklin Weekely of the U.S. Department of
the Interior — National Park Service in re-
sponse to the City's December 2010 biennial
report on the Historic Federal Building. Upon
motion the documents were received and filed.
Spiegel Development Agreement — First
Amendment: City Manager recommending
approval of the first Amendment to the Devel-
opment Agreement with Spiegel Family Realty
Company Iowa, LLC to provide for a two -year
extension of the job creation period. Upon mo-
tion the documents were received and filed
and Resolution No. 176 -11 Approving the First
Amendment to the Spiegel Family Realty
Company Iowa, LLC Development Agreement
was adopted.
RESOLUTION NO. 176 -11
APPROVING THE FIRST AMENDMENT TO
THE SPIEGEL FAMILY REALTY COMPANY
IOWA, LLC DEVELOPMENT AGREEMENT
Whereas, a Development Agreement (the
Agreement), dated September 15, 2008, was
entered into by and between the City of Dubu-
que, a municipal corporation of the State of
Iowa (City) and Spiegel Family Realty Compa-
ny Iowa, LLC, an Iowa business corporation
with its principal place of business in Peosta,
Iowa (Developer); and
Whereas, City and Spiegel Family Realty
Company Iowa, LLC now desire to amend the
Development Agreement as set forth in the
attached First Amendment.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the First Amendment of the
Spiegel Family Realty Company Iowa, LLC
Development Agreement is hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute said First
Amendment 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 Manager is author-
ized to take such actions as are necessary to
implement the terms of the First Amendment
as herein approved.
Passed, approved and adopted this 6th day
of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Downtown Housing Program — Bonson's
Block Ventures, LLC: City Manager recom-
mending approval of a Downtown Housing
Program extension to Bonson's Block Ven-
tures, LLC allowing the developer an additional
six months, until December 31, 2011, for pro-
ject completion. Upon motion the documents
were received and filed and Resolution No.
177 -11 Approving an extension for the Down-
town Housing Program Grant Award to Bon -
son's Block Ventures, LLC, was adopted.
RESOLUTION NO. 177 -11
APPROVING AN EXTENSION FOR THE
DOWNTOWN HOUSING PROGRAM GRANT
AWARD TO BONSON'S BLOCK VEN-
TURES, LLC
Whereas, on May 23, 2010, the City re-
ceived a Downtown Housing Incentive Pro-
gram application from Bonson's Block Ven-
tures, LLC; and
Whereas, the City Council on October 18,
2010 approved and awarded a Downtown
Housing Incentive Program grant for $80,000
to Bonson's Block Ventures, LLC for the rede-
velopment of 8 market -rate rental units; and
Book 141 Regular Session, June 6, 2011 193
Whereas, on May 27, 2011 Bonson's Block
Ventures, LLC's requested an extension of the
Downtown Housing Incentive grant award; and
Whereas, the City Council finds that the
proposed extension is acceptable and neces-
sary to the growth and development of the
downtown.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. An extension until December 31,
2011 for completion of market -rate residential
units for the Downtown Housing Incentive
grant in the amount of $80,000 to Bonson's
Block Ventures, LLC is hereby approved.
Passed, approved and adopted this 6th day
of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Request for Proposals — Grand River Cen-
ter Electric Smart Meters Design: City Manag-
er recommending the issuance of a Request
for Proposals for the Grand River Center elec-
tric smart meters design. Upon motion the
documents were received, filed, and approved.
Dubuque Water Sports Club — Lease
Agreement: City Manager recommending ap-
proval of the annual lease with the Dubuque
Water Sports Club (formerly Dubuque Water
Ski Club). Upon motion the documents were
received, filed, and approved.
Bunker Hill Golf Course Irrigation Renova-
tion Project: City Manager recommending ac-
ceptance of the Bunker Hill Golf Course Irriga-
tion Renovation Project as completed by Mid-
west Irrigation, LLC in the final contract
amount of $159,380.00. Upon motion the doc-
uments were received and filed and Resolution
No. 178 -11 Accepting the Bunker Hill Golf
Course Irrigation Renovation Project and au-
thorizing the payment of the contract amount
to the contractor was adopted.
RESOLUTION NO. 178 -11
ACCEPTING THE BUNKER HILL GOLF
COURSE IRRIGATION RENOVATION PRO-
JECT AND AUTHORIZING THE PAYMENT
OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract
for the Bunker Hill Golf Course Irrigation Ren-
ovation Project (the Project) has been com-
pleted and the City Engineer has examined the
work and filed a certificate stating that the Pro-
ject has been completed according to the
terms of the Public Improvement Contract and
that the City Engineer recommends that the
Project be accepted; and
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 Bun-
ker Hill Golf Course Irrigation Renovation Pro-
ject appropriation for the contract amount of
$159,380 less any retained percentage pro-
vided for therein as provided in Iowa Code
Chapter 573, and to pay such retainage only in
accordance with the provisions of Iowa Code
Chapter 573.
Passed, approved and adopted this 6th day
of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
E. B. Lyons Nature Center Expansion Pro-
ject: City Manager recommending acceptance
of the E. B. Lyons Nature Center Expansion
Project as completed by Stumpf Construction,
Inc., in the final contract amount of
$1,304,654.54. Upon motion the documents
were received and filed and Resolution No.
179 -11 Accepting the E. B. Lyons Nature Cen-
ter Expansion Project and authorizing the
payment of the contract amount to the contrac-
tor was adopted.
RESOLUTION NO. 179 -11
ACCEPTING THE E.B. LYONS NATURE
CENTER EXPANSION PROJECT AND AU-
THORIZING THE PAYMENT OF THE CON-
TRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the E.B. Lyons Nature Center Expansion
Project (the Project) has been completed and
the City Engineer has examined the work and
filed a certificate stating that the Project has
been completed according to the terms of the
Public Improvement Contract and that the City
Engineer recommends that the Project be ac-
cepted.
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 E.B.
Lyons Nature Center Expansion Project ap-
propriation for the contract amount of
$1,304,654.54 less any retained percentage
provided for therein as provided in Iowa Code
Chapter 573, and to pay such retainage only in
accordance with the provisions of Iowa Code
Chapter 573.
Passed, approved and adopted this 6th day
of June, 2011.
194 Regular Session, June 6, 2011 Book 141
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Green and Healthy Homes Initiative: City
Manager recommending approval to execute a
compact to become a green and Healthy
Homes Pilot City through the National Green
and Healthy Homes Initiative. Upon motion the
documents were received, filed, and approved.
Sustainable Dubuque: City Manager
transmitting the Sustainable Dubuque Project
Status Report for April 2011. Upon motion the
documents were received and filed.
Community Oriented Policing Services
(COPS): City Manager recommending approv-
al to submit a Community Oriented Policing
Services (COPS) Hiring Grant in the amount of
$224,729 for the purpose of obtaining grant
funding for one Community Policing Outreach
Corporal. Upon motion the documents were
received and filed.
Wellmark Foundation Healthy Local Foods
Grant: City Manager recommending approval
of a Letter of Intent to the Wellmark Founda-
tion requesting $25,000 in funding for healthy
local foods projects. Upon motion the docu-
ments were received, filed and approved.
Bee Branch Creek Restoration Project —
Engineering Services: City Manager recom-
mending approval and execution of an agree-
ment with HDR Engineering (HDR) whereby
HDR will provide engineering services related
to the railroad bridge required for the Bee
Branch Creek Restoration Project. Upon mo-
tion the documents were received, filed and
approved.
Signed Contracts: 1) Miron Construction
Co. Change Order No. 7 for the Water Pollu-
tion Control Plant Modifications; 2) TwistHDM
(Limelight) contract for the re- tamping of the
Iowa Street Parking Ramp; 3) Green Dubuque,
Inc., improvement contract to perform storm
drain labeling; 4) Ted Stackis Construction
contract for deconstruction of properties on
Kniest Street for the Bee Branch Creek Resto-
ration Project; 5) R &R Visuals contract for the
Water Pollution Control Plant Modifications
Outfall Assessment. Upon motion the docu-
ments were received and filed.
Liquor License Applications: City Manager
recommending approval of annual liquor and
cigarette license renewals as submitted. Upon
motion the documents were received and filed
and Resolution No. 180 -11 Granting the issu-
ance of thirty -two (32) renewal permits to sell
cigarettes within the City of Dubuque; Resolu-
tion No. 181 -11 Granting the issuance of a
Class "C" Beer /Liquor License to Buffalo Wild
Wings, Fischer Lanes, Diamond Jo Casino,
Los Aztecas III, Monk's Kaffee Pub (1 -Day
Outdoor Sale), Rainbow Lounge (1 -Day Out-
door Sale); a Special Class "BW" Liquor Li-
cense to Off Minor; a Class "B" Wine Permit to
Walgreen's #11942, HyVee Wine & Spirits,
and Hartig Drug #2; and a Class "WBN" Native
Wine to Accessorize Me; and Resolution No.
182 -11 Granting the issuance of a Class "B"
Beer Permit to Dubuque All That Jazz; a Class
"C" Beer Permit to Walgreen's #11942, HyVee
Wine & Spirits, Kwik Start #495, and Hartig
Drug #2 were adopted.
RESOLUTION NO. 180 -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 Ciga-
rettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Ciga-
rette Papers within said City.
37 RENEWALS
16TH St Auto Truck Plaza, Mulgrew Oil
Company, 1215 E. 16th St
Aragon Tap, Myra Woodman, 1103 Iowa
St.
Beecher Company, Beecher Company,
1691 Asbury Rd.
Big 10 Mart, Mulgrew Oil Company, 2100
JFK Rd.
Big 10 Mart, Mulgrew Oil Company, 1875
JFK Rd.
Casey's Store # 2420, Casey's Marketing
Co., 2699 Rockdale Rd.
Casey's Store # 2421, Casey's Marketing
Co., 4003 Peru Rd.
Clark of Dubuque, Habeeba Zainab, 700
Rhomberg Ave.
Dubuque Mining Co., Apts LTD Corp, 555
J.F.K. Rd.
Family Mart, Inc., Family Mart, 3201 Cen-
tral Ave.
Fareway Stores # 114, Fareway Stores,
Inc., 2050 JFK Rd.
Hy -Vee Food Store # 1, Hy -Vee, Inc., 3500
Dodge St.
Hy -Vee Wine & Spirits #1, Hy -Vee, Inc.,
3500 Dodge St.
Hy -Vee Food Store # 2, Hy -Vee, Inc., 2395
NW Arterial
Hy -Vee Gas # 2, Hy -Vee, Inc., 2435 NW
Arterial
Hy -Vee Food Store # 3, Hy -Vee, Inc., 400
S. Locust St.
Hy -Vee Gas # 3, Hy -Vee, Inc., 300 S. Lo-
cust St.
Iowa St Market , Terry Norton, 1256 Iowa
St.
Book 141 Regular Session, June 6, 2011 195
Kwik Star # 495, Kwik Trip, Inc., 2685
Dodge St.
Oky Doky # 1, TFM Co., 250 W. 1st St.
Oky Doky # 2, TFM Co., 51 W. 32n St.
Oky Doky # 3, Hill Street Plaza, 535 Hill St.
Paro Food Mart, Sahajanand Enterprise,
3200 Central Ave.
Phillips 66 /Arby's, Liberty Station, LLC, 10
Main St.
Pioneer's Rest Stop, George Isaac, 4900
Old Highway Rd
Plaza 20 BP /Amoco, R Future, Inc., 2600
Dodge St.
Puff n Snuff, Molo Oil Company, 1101
Rhomberg Ave.
Road Ranger # 159, Road Ranger LLC,
2175 Central Ave.
Ron's 5 Point Mart, R Future, 405 Rhom-
berg Ave.
Ron's Discount Smoke /Bev., RKM LLC,
3300 Asbury Rd
Ron's Discount Smoke /Bev., RKM LLC,
1450 Loras Blvd.
Sid's Beverage, Sid's Beverage Store,
2727 Dodge St.
Tobacco Outlet # 504, Kwik Trip, Inc., 806
Wacker Dr.
Walgreens # 09708, Walgreen Company,
55 JFK Rd.
Walgreens # 06154, Walgreen Company,
2260 JFK Rd.
Walgreens # 11942, Walgreen Company,
345 20 h St.
Wal -Mart Supercenter # 2004, Wal -Mart,
Inc., 4200 Dodge St.
Passed, approved and adopted this 6th day
of June, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 181 -11
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
nances 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
Blazin Wings, Inc., Buffalo Wild Wings
Grill /Bar
+(Sunday /Outdoor Sale), 2805 NW Arterial
Plastic Center, Fischer Lanes +(Sunday
Sale), 880 Locust St.
Diamond Jo, LLC, Diamond Jo Casino
+(Sunday /Outdoor Sale), 301 Bell St.
Hildago, Inc., Los Aztecas III
+(Sunday /Outdoor Sale), 2345 NW Arterial
Rick Worcester, Monks Kaffee Pub (1 Day
Outdoor Sale), 373 Bluff St.
DAMA Corp., Rainbow Lounge (1 Day
Outdoor Sale), 36 W. 4th St
SPECIAL CLASS "BW" LIQUOR LICENSE
Rick Worcester, Off Minor +(Sunday Sale),
920 Main St.
CLASS "B" WINE
Walgreen Co., Walgreen # 11942, 345 E.
20th St
Hy -Vee Inc., Hy -Vee Wine & Spirits, 3500
Dodge St. A
Hartig Drug Com., Hartig Drug # 2, 157
Locust St.
CLASS "WBN" NATIVE WINE
Accessorize Me, Inc., Accessorize Me, 474
Bluff St.
Passed, approved and adopted this 6th
day of June, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 182 -11
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
ined and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Beer Permit.
CLASS "B" BEER PERMIT
Dubuque Jaycees, Dubuque All That Jazz,
7th & Main St.
Dubuque Jaycees, Dubuque All That Jazz,
405 Main St
CLASS "C" BEER PERMIT
Walgreens Company, Walgreens #11942
+(Sunday Sale), 345 E. 20th St.
Hy -Vee, Inc., Hy -Vee Wine & Spirits
+(Sunday Sale), 3500 Dodge St. A
Kwik Trip, Inc., Kwik Star # 495 +(Sunday
Sale), 2685 Dodge St.
Hartig Drug Company, Hartig Drug # 2
+(Sunday Sale), 157 Locust St.
Passed, approved and adopted this 6th day
of June, 2011.
196 Regular Session, June 6, 2011 Book 141
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Braig. Motion carried 7 -0.
Vacating Petition — University of Dubuque:
City Manager recommending that a public
hearing be set for June 20, 2011 to consider a
request from the University of Dubuque to va-
cate a portion of unimproved public alley west
of Algona Street between West Third Street
and Bennett Street.
Communication from the University of
Dubuque requesting that the City vacate a
portion of the street/alley abutting the Universi-
ty's property at 2184, 2164 and 2154 Bennett
Street and 2154 W. 3rd Street to provide park-
ing for its performing arts center.
Upon motion the documents were received
and filed and Resolution No. 183 -11 Resolu-
tion of Intent to vacate and dispose of City
interest in Lot 3A of Bennett Street Subdivision
in the City of Dubuque, Dubuque County, Io-
wa, was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on June
20, 2011 in the Historic Federal Building.
RESOLUTION NO. 183 -11
RESOLUTION OF INTENT TO VACATE AND
DISPOSE OF CITY INTEREST IN LOT 3A OF
BENNETT STREET SUBDIVISION IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA
Whereas, the University of Dubuque has
requested the vacating and disposal of a por-
tion of a public alley west of Algona Street
between West Third Street and Bennett Street;
and
Whereas, WKHS & Co. has prepared and
submitted to the City Council a plat showing
the vacated portion of the public alley west of
Algona Street between West Third Street and
Bennett Street and assigned lot number there-
to, which hereinafter shall be known and de-
scribed as Lot 3A of Bennett Street Subdivi-
sion in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this public
alley west of Algona Street between West
Third Street and Bennett Street is no longer
required for public use, except for utility ease-
ments as noted, and vacating and sale of said
portions of alleys and streets known as Lot 3A
of Bennett Street Subdivision in the City of
Dubuque, Dubuque County, Iowa should be
approved.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque in-
tends to dispose of its interest in Lot 3A of
Bennett Street Subdivision in the City of
Dubuque, Iowa.
Section 2. That the conveyance of Lot 3A
of Bennett Street Subdivision in the City of
Dubuque, Iowa to the University of Dubuque
be contingent upon the payment of $9,900.00,
plus platting, publication and filing fees.
Section 3. The City of Dubuque reserves
unto itself a perpetual easement including the
right of ingress and egress thereto, for the
purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating,
and maintaining water, sewer, drainage, gas,
telephone, television cable, fiber optics, and
electric lines as may be authorized by the City
of Dubuque, Iowa, over and across all of Lot
3A of Bennett Street Subdivision.
Section 4. That the City Clerk be and is
hereby authorized and directed to cause a
notice of intent to dispose of said real estate to
be published in the manner as prescribed by
law.
Passed, approved and adopted this 6th day
of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Holy Ghost Urban Renewal District: City
Manager recommending approval of a Resolu-
tion of Necessity finding that the creation of a
new Holy Ghost Urban Renewal District is both
necessary and appropriate and that a public
hearing be set for July 18, 2011. Upon motion
the documents were received and filed and
Resolution No. 184 -11 Resolution of Necessit
finding that certain property bounded by 28t
Street, 30th Street, Central Avenue and the
bluff is a blighted area and that the redevel-
opment of said area is necessary in the inter-
est of the residents of the City of Dubuque,
Iowa, was adopted setting a public hearing for
a meeting to commence at 6:30 p.m. on July
18, 2011 in the Historic Federal Building.
RESOLUTION NO. 184 -11
RESOLUTION OF NECESSITY FINDING
THAT CERTAIN PROPERTY BOUNDED BY
28TH STREET, 30TH STREET, CENTRAL AV-
ENUE, AND THE BLUFF IS A BLIGHTED
AREA AND THAT THE REDEVELOPMENT
OF SAID AREA IS NECESSARY IN THE IN-
TEREST OF THE RESIDENTS OF THE CITY
OF DUBUQUE, IOWA.
Whereas, the City Council has determined
that the active redevelopment of vacant institu-
tional property is a beneficial use of existing
buildings that will enhance the City's ongoing
Book 141 Regular Session, June 6, 2011 197
economic development efforts; and
Whereas, the City Council has determined
that the area described in Section 1 below
meets the definitions of a blighted area as de-
fined in Chapter 403 "Urban Renewal" of the
Iowa Code; and
Whereas, the Holy Ghost school buildings
are significant structures in the North End
Neighborhood and will need assistance to pre-
serve the buildings; 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 de-
velopment 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.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the following described ar-
ea is a blighted area as defined by Chapter
403 of the Iowa Code and is appropriate for an
urban renewal project, to wit:
Lot 1 of 1 and Lot 2 of 1 of Paragon
Square in the City of Dubuque, Dubuque
County, Iowa; and also including public right -
of -way of Central Avenue abutting thereto
(hereinafter called the Holy Ghost Urban Re-
newal District).
Section 2. That the redevelopment of the
Holy Ghost Urban Renewal District for historic
revitalization is necessary and appropriate to
facilitate the proper growth and development
of the community in accordance with sound
planning and local community objectives.
Section 3. That the development of this ar-
ea will provide new opportunities for quality
housing and job creation in the community.
Section 4. That the City Manager is author-
ized and directed to prepare an Urban Renew-
al Plan for the Holy Ghost Urban Renewal
District, to forward said Plan to the City's Long
Range Planning Commission for review and
comment and to begin the consultation pro-
cess required by law with affected taxing enti-
ties.
Section 5. That the City Clerk is directed to
publish notice of a public hearing on the adop-
tion of an Urban Renewal Plan for the Holy
Ghost Urban Renewal District to be held on
the 18th day of July, 2011, at 6:30 p.m. in the
Historic Federal Building in Dubuque, Iowa,
350 W. 6th Street, Dubuque, Iowa and that said
notice shall generally identify the area covered
by the Plan and the general scope of the Ur-
ban Renewal Plan activities planned for such
area.
Section 6. That the City Clerk is further di-
rected to send by ordinary mail a copy of said
Plan and notice of public hearing to the Dubu-
que Community School District, the County
Board of Supervisors and the Northeast Iowa
Community College, as the affected taxing
entities.
Passed, approved and adopted this 6th day
of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
BOARDS /COMMISSIONS
Applicants were invited to address the City
Council regarding their desire to serve on the
following Boards/Commissions: Human Rights
Commission: Two 3 -year terms through Janu-
ary 1, 2012 (vacant terms of Apel and Sutton).
Applicants: Regine Ronek, 2282 White Street;
Judie Root, 364 Hill Street.
PUBLIC HEARINGS
Paragon Square Urban Revitalization Plan:
City Manager recommending approval to re-
move the Paragon Square Urban Revitaliza-
tion Area Plan from the Public Hearing Agen-
da. Motion by Jones to receive and file the
documents and approve the recommendation.
Seconded by Sutton. Motion carried 7 -0.
SUSPEND THE RULES
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
Paragon Square Urban Revitalization Plan:
Proof of publication on notice of public hearing
to consider approval of the proposed Paragon
Square Urban Revitalization Area Plan. This
item was removed from the agenda by a pre-
vious motion.
Engine House #1 LLC — Development
Agreement: Proof of publication on notice of
public hearing to consider a development
agreement between the City of Dubuque and
Engine House #1, LLC. a subsidiary of Dubu-
que Initiatives, to sell and rehabilitate the En-
gine House #1 Building (1805 Central Ave-
nue), which formerly housed the Housing De-
partment offices and the City Manager rec-
ommending approval. Motion by Lynch to re-
ceive and file the documents and adopt Reso-
lution No. 185 -11 (1) The disposal of an inter-
est in real property owned by the City of
Dubuque by sale between the City of Dubu-
que, Iowa, and Engine House #1, LLC, an
Iowa Limited Liability Company; and (2) Ap-
proval of a development agreement with En-
gine House #1, LLC to rehabilitate 1805 Cen-
tral Avenue. Seconded by Connors. Respond-
198 Regular Session, June 6, 2011 Book 141
ing to questions from City Council, Van Milli -
gen provided additional clarification of the His-
toric Tax Credits and stated that the project
could encourage additional renovation in the
area. Motion carried 7 -0.
RESOLUTION NO. 185 -11
APPROVING (1) THE DISPOSAL OF AN
INTEREST IN REAL PROPERTY OWNED BY
THE CITY OF DUBUQUE BY SALE BE-
TWEEN THE CITY OF DUBUQUE, IOWA
AND ENGINE HOUSE #1, LLC, AN IOWA
LIMITED LIABILITY COMPANY AND (2) AP-
PROVAL OF A DEVELOPMENT AGREE-
MENT WITH ENGINE HOUSE #1, LLC TO
REHABILITATE 1805 CENTRAL AVENUE
Whereas, the City of Dubuque, Iowa (City)
is the owner of the real property legally de-
scribed as follows: 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; and
Whereas, Engine House #1, LLC plans to
renovate the Property to be used by the Cres-
cent Community Health Center and the Head
Start program; and
WHEREAS, on June 6, 2011, the City
Council pursuant to notice published as required
by law held a public hearing on its intent to dis-
pose of the foregoing interest in real property
and overruled all objections thereto; and
Whereas, the City Council believes it is in
the best interest of the City of Dubuque to ap-
prove the Development Agreement.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Development Agreement
between the City and Engine House #1, LLC is
hereby approved and the Mayor is authorized
to execute said Development Agreement on
behalf of the City of Dubuque.
Section 2. The City Manager is authorized
to execute any of the loans, incentives speci-
fied in the Development Agreement.
Passed, approved and adopted this 6th day
of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Kaufmann Avenue HMA Resurfacing Pro-
ject: Proof of publication on notice of public
hearing to consider approval of the plans,
specifications, form of contract and the esti-
mated cost for the Kaufmann Avenue HMA
Resurfacing Project (John F. Kennedy Road to
Carter Road) and the City Manager recom-
mending approval. Motion by Lynch to receive
and file the documents and adopt Resolution
No. 186 -11 Approval of plans, specifications,
form of contract, and estimated cost for the
Kaufmann Avenue HMA Resurfacing Project
(John F. Kennedy Road to Carter Road), Iowa
DOT Project No. STP -U -2100 (662)-- 70 -31.
Seconded by Connors. Responding to ques-
tions from City Council, City Engineer Gus
Psihoyos stated that in order to keep project
costs low, the City's Public Works Department
will complete the section from Carter Road to
Chaney Road. Motion carried 7 -0.
RESOLUTION NO. 186 -11
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE KAUFMANN AVENUE HMA
RESURFACING PROJECT (JOHN F. KEN-
NEDY ROAD TO CARTER ROAD), IOWA
DOT PROJECT NO. STP -U -2100 (662) - -70-
31
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 HMA Resurfacing Project
(John F. Kennedy Road to Carter Road), Iowa
DOT Project No. STP -U -2100 (662)-- 70 -31, in
the estimated amount $660,323.90, are hereby
approved.
Passed, adopted and approved this 6th day
of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
ABC Supply Lease Agreement: Proof of
publication on notice of public hearing to con-
sider a five -year lease of a building located at
10 S. Main Street to American Builders and
Contractor's Supply Co., Inc. (ABC), and the
City Manager recommending approval. Motion
by Connors to receive and file the documents
and adopt Resolution No. 187 -11 Approving
the disposal of an interest in real property
owned by the City of Dubuque by lease be-
tween the City of Dubuque, Iowa, and Ameri-
can Builders and Contractor's Supply Co., Inc.,
(ABC Supply). Seconded by Braig. Motion
carried 7 -0.
RESOLUTION NO. 187 -11
APPROVING THE DISPOSAL OF AN
INTEREST IN REAL PROPERTY OWNED BY
THE CITY OF DUBUQUE BY LEASE
BETWEEN THE CITY OF DUBUQUE, IOWA
AND AMERICAN BUILDERS AND
CONTRACTOR'S SUPPLY CO., INC. (ABC
SUPPLY)
Whereas, the City of Dubuque, Iowa (City)
owns the real property located at 10 S. Main
Street in the City of Dubuque, Iowa, legally
described as follows:
Parcel "B ", located in Block 14 of Dubuque
Harbor Company Addition, in the City of
Book 141 Regular Session, June 6, 2011 199
Dubuque, as shown and described in Warranty
Deed recorded April 29, 2005 in Document No.
2005 - 00006524 in the records of Dubuque
County, Iowa
(the Real Estate); and
Whereas, City and American Builders and
Contractor's Supply Co., Inc. have negotiated a
5 year Lease Agreement for a building located
on the Real Estate, a copy of which Lease
Agreement is on file at the office of the City
Clerk, City Hall, 13th and Central Avenue, Dubu-
que, Iowa; and
Whereas, the City Council believes it is in
the best interests of the City of Dubuque to ap-
prove the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The Lease Agreement between
City and American Builders and Contractor's
Supply Co., Inc. is hereby approved and the City
Manager is authorized to execute said lease on
behalf of the City of Dubuque.
Passed, approved and adopted this 6th day
of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
REINSTATE THE RULES
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
Greater Dubuque Development Corpora-
tion — Report: Rick Dickinson Executive Direc-
tor — Greater Dubuque Development Corpora-
tion, provided a verbal update on the activities
of the Greater Dubuque Development Corpo-
ration that included information on local, na-
tional and global exposure for the City, job
growth, average wage, commercial construc-
tion, staffing, and future goals. Motion by
Lynch to receive and file the information. Se-
conded by Braig. Motion carried 7 -0.
Dubuque Packing Company Memorial:
Communication from Chuck Stoltz, former
Chairman and President of the Dubuque Pack-
ing Company, proposing an informative tribute
memorial located at the southwest corner of
16th and Sycamore Streets. Motion by Braig to
receive and file the documents and accept the
donation. Seconded by Connors. Motion car-
ried 7 -0.
Final Plat — English Ridge Subdivision No.
2: City Manager recommending approval of
the Final Plat of English Ridge Subdivision
No. 2. Motion by Connors to receive and file
the documents and adopt Resolution No. 188-
11 Authorizing approval of the Final Plat of
English Ridge Subdivision No. 2 in the City of
Dubuque, Iowa. Seconded by Jones. Re-
sponding to questions from City Council, As-
sistant Planner Kyle Kritz state that this project
is grandfathered and not subject to the 40-
Point language of the Unified Development
Code. He added that open space was not re-
quired in this phase as it was dedicated in the
first phase. Motion carried 7 -0.
RESOLUTION NO. 188 -11
AUTHORIZING APPROVAL OF THE FINAL
PLAT OF ENGLISH RIDGE SUBDIVISION
NO. 2 IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a Final Plat of English Ridge Subdivision
No. 2 in the City of Dubuque, Iowa; and
Whereas, upon said final plat appear
streets to be known as Stone Valley Drive (Lot
A), South Dorchester Lane (Lot B), North Dor-
chester Lane (Lot C) and Shrewsbury Lane
(Lot D) together with certain public utility,
storm sewer and water main easements,
which the owner by said final plat has dedicat-
ed to the public forever; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and its approval has been endorsed thereon;
and
Whereas, said final plat has been reviewed
by the City Planner and her approval has been
endorsed thereon, subject to the owner's
agreeing to the conditions specified herein;
and
Whereas, said final plat has been exam-
ined by the City Council and the City Council
find the final plat conforms to the applicable
statutes and ordinances, except that streets
and public utilities have not yet been complete-
ly constructed or installed.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Stone
Valley Drive (Lot A), South Dorchester Lane
(Lot B), North Dorchester Lane (Lot C) and
Shrewsbury Lane (Lot D) and the easements
for public utilities as they appear on said final
plat, be and the same are hereby accepted;
and
Section 2. That the final plat of English
Ridge Subdivision No. 2 is hereby approved
and the Mayor and City Clerk are hereby au-
thorized and directed to endorse the approval
of the City of Dubuque, Iowa, upon said final
plat, provided the owners of said property
herein named, execute their written ac-
ceptance of the attached conditions and fur-
ther agree:
(a) To reduce Stone Valley Drive (Lot
A), South Dorchester Lane (Lot B), North
200 Regular Session, June 6, 2011 Book 141
Dorchester Lane (Lot C) and Shrewsbury
Lane (Lot D) to grade and to construct lon-
gitudinal sub - drains, concrete curb and
gutter with asphaltic mix concrete, or con-
crete paving with integral curb, all in ac-
cordance with the City of Dubuque stand-
ard specifications in a manner acceptable
to the City Engineer, in conformance with
construction improvement plans approved
by the City Engineer, and inspected and
approved by the City Engineer.
(b) To install sanitary sewer main with
sewer service laterals into each individual
lot, water main with water service laterals
into each individual lot, storm sewers and
catch basins, street lighting and erosion
control devices all in accordance with the
City of Dubuque standard specifications in
a manner acceptable to the City Engineer,
and in accordance with construction im-
provement plans approved by the City En-
gineer, and inspected and approved by the
City Engineer.
(c) To construct the improvements out-
lined in (a) and (b) above within two years
from the date of acceptance of this resolu-
tion, at the sole expense of the owners, or
future owner.
(d) To maintain the improvements out-
lined in (a) and (b) above for a period of
two (2) years from the date of the ac-
ceptance of those improvements by the
City Council of the City of Dubuque, Iowa,
at the sole final expense of the owners, or
future owner;
(e) To provide security for the perfor-
mance of the foregoing conditions speci-
fied in this Section in such form and with
such sureties as may be acceptable to the
City Manager of the City of Dubuque, Iowa.
Section 3. That sidewalk installation shall
be the responsibility of each lot owner for each
lot abutting the public rights -of -way, including
lots with multiple frontages, as required by City
Code Chapter 10 -1 -2 (Sidewalk Installation
and Repair).
Section 4. That the owner must continue to
own and maintain storm water detention basin
(Lot A of English Ridge Subdivision) until (1)
the facility has been fully completed, (2) 80%
of the platted lots shown on the preliminary
plat of the subdivision and subdivisions thereof
have been fully developed, and (3) adequate
erosion control measures, as approved by the
City Engineer have been installed on the re-
maining 20% of the lots. Acceptance of said
detention facility (Lot A English Ridge Subdivi-
sion) must be by the City Council as required
by the Unified Development Code. Upon the
City's acceptance of the detention facility, the
inspection, administrative and maintenance
expenses incurred by the City of Dubuque for
the storm water detention facility (Lot A) shall
be assessed against the property owners, ex-
cept the City of Dubuque, of all phases of Eng-
lish Ridge Subdivision as indicated above and
on the preliminary plat, in equal amounts. The
City Manager shall certify such costs to the
City Clerk, who in turn shall promptly certify
such costs to the Dubuque County Treasurer,
and such costs shall then be collected with
and in the same manner as general property
taxes in accordance with provisions of law.
Section 5. That the final acceptance of the
public improvements shall only occur upon
certification of the City Engineer to the City
Council that the public improvements have
been completed in accordance with the ap-
proved improvement plans and City standards
and specifications and accepted by City Coun-
cil Resolution.
Section 6. That in the event English Ridge,
LLC fails to execute the acceptance and fur-
nish the guarantees provided hereof within 180
days after the date of this Resolution, the pro-
visions hereof shall be null and void and the
acceptance of the dedication and approval the
plat shall not be effective.
Passed, approved and adopted this 6th ay
of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
ACCEPTANCE OF RESOLUTION NO. 188-
11
I, the undersigned, Larry McDermott, rep-
resenting English Ridge, LLC., having read the
terms and conditions of the Resolution No.
188 -11 and being familiar with the conditions
thereof, hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, Iowa 26th
day of July, 2011.
By Larry McDermott
Downtown Rehabilitation Loan Program -
39 Bluff Street: City Manager recommending a
resolution approving a Letter of Commitment
for a Downtown Rehabilitation Loan of
$300,000, Design Grant for $10,000, a Fagade
Grant of $10,000 and a Financial Consultant
Grant of $5,000 for Franklin Investments, LLC
to support their rehabilitation of property locat-
ed at 39 Bluff Street (former Central Alterna-
tive School building). Motion by Lynch to re-
ceive and file the documents and adopt Reso-
lution No. 189 -11 Authorizing a Letter of
Commitment and additional actions concerning
a Downtown Rehabilitation Loan, Design
Grant, Fagade Grant and Financial Consultant
Grant to 39 Bluff Street. Seconded by Jones.
Motion carried 7 -0.
Book 141 Regular Session, June 6, 2011 201
RESOLUTION NO. 189 -11
AUTHORIZING A LETTER OF COMMIT-
MENT AND ADDITIONAL ACTIONS CON-
CERNING A DOWNTOWN REHABILITA-
TION LOAN, DESIGN GRANT, FACADE
GRANT AND FINANCIAL CONSULTANT
GRANT TO 39 BLUFF STREET.
Whereas, the City of Dubuque, Iowa, has
created a Downtown Rehabilitation Loan /Grant
Program for the purpose of stimulating rein-
vestment in the Greater Downtown Urban Re-
newal District; and
Whereas, the City of Dubuque, Iowa is en-
couraging the use of this loan /grant program to
finance code compliance activities and to spur
job creation activities; and
Whereas, the loan application from Frank-
lin Investments, LLC. meets the requirements
of this program; and
Whereas, a Commitment Letter, hereto at-
tached and by this reference made a part
hereof, sets forth the terms and conditions of
Franklin Investments, LLC. for 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 Franklin
Investments, LLC. for participation in the
Downtown Rehabilitation Loan and Grant Pro-
gram is hereby accepted and approved.
Section 2. That the Mayor is hereby au-
thorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, the at-
tached Commitment Letter and to forward said
letter to Franklin Investments, LLC. for review
and approval.
Section 3. That the City Manager be and
he is hereby directed to prepare, upon execu-
tion and receipt of the attached Commitment
Letter by the applicant, the necessary loan
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 nec-
essary loan documents and is further author-
ized to disburse loan funds from the Downtown
Rehabilitation Loan /Grant Program, in accord-
ance with the terms and conditions of the exe-
cuted agreement.
Passed, approved and adopted this 6th day
of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Fiscal Year 2012 Arts and Cultural Funding
Program for Operating Support: Arts and Cul-
tural Affairs Advisory Commission recom-
mending approval of 14 Fiscal Year 2012 Arts
and Cultural Funding Program Operating Sup-
port requests and authorization for the City
Manager to sign the funding agreements. Mo-
tion by Jones to receive and file the docu-
ments and approve the recommendation. Se-
conded by Braig. Motion carried 7 -0.
Tax Increment Financing Ordinance for the
Greater Downtown Urban Renewal District:
City Manager recommending approval of an
ordinance amending the Tax Increment Fi-
nancing District for the Greater Downtown
Urban Renewal District to establish the use of
Tax Increment Financing collection on recently
expanded areas of the district. Motion by Con-
nors to receive and file the documents and that
the requirement that a proposed ordinance be
considered and voted on for passage at two
Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by
Jones. Motion carried 7 -0.
Motion by Connors for final consideration
and passage of Ordinance No. 33 -11 Amend-
ing Ordinance Nos. 51 -10, 64 -97 and 43 -94,
each as previously amended, providing that
general property taxes levied and collected
each year on all property located within the
Greater Downtown Urban Renewal District of
the City of Dubuque, County of Dubuque,
State of Iowa, by and for the benefit of the
State of Iowa, City of Dubuque, County of
Dubuque, Dubuque Community School Dis-
trict, and other taxing districts, be paid to a
special fund for payment of principal and inter-
est on loans, monies advanced to and indebted-
ness, including bonds issued or to be issued, in-
curred by said City in connection with the Amend-
ed and Restated Urban Renewal Plan for the
Greater Downtown Urban Renewal District. Se-
conded by Jones. Motion carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 33 -11
ORDINANCE NOS. 51 -10, 64 -97 and 43 -94,
EACH AS PREVIOUSLY AMENDED,
PROVIDING THAT GENERAL PROPERTY
TAXES LEVIED AND COLLECTED EACH
YEAR ON ALL PROPERTY LOCATED
WITHIN THE GREATER DOWNTOWN UR-
BAN RENEWAL DISTRICT OF THE CITY OF
DUBUQUE, COUNTY OF DUBUQUE, STATE
OF IOWA, BY AND FOR THE BENEFIT OF
THE STATE OF IOWA, CITY OF DUBUQUE,
COUNTY OF DUBUQUE, DUBUQUE COM-
MUNITY SCHOOL DISTRICT, AND OTHER
TAXING DISTRICTS, BE PAID TO A SPE-
CIAL FUND FOR PAYMENT OF PRINCIPAL
AND INTEREST ON LOANS, MONIES AD-
VANCED TO AND INDEBTEDNESS, IN-
CLUDING BONDS ISSUED OR TO BE IS-
SUED, INCURRED BY SAID CITY IN CON-
NECTION WITH THE AMENDED AND RE-
STATED URBAN RENEWAL PLAN FOR
202 Regular Session, June 6, 2011 Book 141
THE GREATER DOWNTOWN URBAN RE-
NEWAL DISTRICT
Whereas, the City Council of the City of
Dubuque, Iowa (the "City ") has heretofore, in
Ordinance No. 30 -82, provided for the division
of taxes within the original Downtown Dubuque
Urban Renewal Project, Iowa R -15, described
in Resolution No. 123 -67 adopted on May 18,
1967, pursuant to Section 403.19 of the Code
of Iowa; and
Whereas, the original Downtown Dubuque
Urban Renewal Project, Iowa R -15, subse-
quently was amended by Resolution No. 79 -71
approved on March 15, 1971, by Resolution
No. 73 -74 approved on March 11, 1974, by
Resolution No. 107 -82 approved on May 3,
1982, by Resolution No. 191 -84 approved on
June 25, 1984, by Resolution No. 371 -93 ap-
proved on December 6, 1993, by Resolution
No. 145 -94 approved on May 2, 1994, by Res-
olution No. 479 -97 approved on November 17,
1997, by Resolution No. 476 -98 approved on
October 19, 1998 and by Resolution No. 187-
02 approved on April 1, 2002, which amend-
ments, among other things, added areas re-
ferred to as the Old Main Subarea, Town
Clock Expansion Subarea and Upper Main
Subarea to the area of the Downtown Dubu-
que Urban Renewal District; and
Whereas, consistent with the foregoing
amendments, Ordinance No. 30 -82 subse-
quently was amended by Ordinance Nos. 23-
94, 36 -94, 67 -97, and 26 -02 to provide for the
division of taxes within the several subareas of
the amended Downtown Dubuque Urban Re-
newal District; and
Whereas, the City Council of the City has
heretofore, in Ordinance No. 66 -89, provided
for the division of taxes within the original Ice
Harbor Urban Renewal District, described in
Resolution No. 403 -89 adopted on December
18, 1989, pursuant to Section 403.19 of the
Code of Iowa; and
Whereas, the original Ice Harbor Urban
Renewal District subsequently was amended
by Resolution No. 241 -00 approved on June 5,
2000 and by Resolution 114 -02 approved on
March 4, 2002, which amendments, among
other things, added an additional area referred
to as Subarea B to the area of the Ice Harbor
Urban Renewal District; and
Whereas, consistent with the foregoing
amendment, Ordinance No. 66 -89 subse-
quently was amended by Ordinance No. 97 -00
to provide for the division of taxes within the
two subareas of the amended Ice Harbor Ur-
ban Renewal District; and
Whereas, the original Downtown Dubuque
Urban Renewal District and the original Ice
Harbor Urban Renewal District and their re-
spective Subareas were combined into a sin-
gle urban renewal area, under the terms of an
Urban Renewal Plan for the Greater Down-
town Urban Renewal District, pursuant to Res-
olution No. 170 -04 adopted on April 19, 2004;
and
Whereas, consistent with foregoing
amendment, Ordinance Nos. 30 -82 and 66 -89
were amended by Ordinance No. 35 -04 to
provide for the division of taxes within the vari-
ous sub -areas of the Greater Downtown Urban
Renewal District; and
Whereas, the Urban Renewal Plan for the
Greater Downtown Urban Renewal District
was amended and restated as an Amended
and Restated Urban Renewal Plan, pursuant
to Resolution No. 108 -07 approved on Febru-
ary 20th, 2007, to provide for, among other
things, the further expansion of the Greater
Downtown Urban Renewal District to include
additional areas described as the Ice Harbor
Subarea C; and
Whereas, consistent with the foregoing
amendment, Ordinance No.35 -04 was amend-
ed by Ordinance No. 20 -07 to provide for the
division of taxes within Ice Harbor Subarea C
of the Greater Downtown Urban Renewal Dis-
trict; and
Whereas, the Urban Renewal Plan for the
Greater Downtown Urban Renewal District
was further amended and restated as an
Amended and Restated Urban Renewal Plan,
pursuant to Resolution No. 597 -07 approved
on December 17, 2007, for the purpose of
expanding the Greater Downtown Urban Re-
newal District to include additional areas de-
scribed as the Warehouse Subarea and the
South Main Subarea, and
Whereas, consistent with the foregoing
amendment, Ordinance No. 20 -07 was
amended by Ordinance No. 63 -07 to provide
for the division of taxes within the Warehouse
Subarea and the South Main Subarea of the
Greater Downtown Urban Renewal District;
and
Whereas, the Urban Renewal Plan for the
Greater Downtown Urban Renewal District
was further amended and restated as an
Amended and Restated Urban Renewal Plan,
pursuant to Resolution No. 300 -08 approved
on September 2, 2008, for the purpose of ex-
panding the Greater Downtown Urban Renew-
al District to include additional areas described
as the South Port Subarea; and
Whereas, consistent with the foregoing
amendment, Ordinance No. 63 -07 was
amended by Ordinance No. 60 -08 to provide
for the division of taxes within the South Port
Subarea of the Greater Downtown Urban Re-
newal District; and
Whereas, the Urban Renewal Plan for the
Greater Downtown Urban Renewal District
was further amended and restated as an
Amended and Restated Urban Renewal Plan,
Book 141 Regular Session, June 6, 2011 203
pursuant to Resolution No. 393 -09 approved
on October 5, 2009, for the purpose of ex-
panding the Greater Downtown Urban Renew-
al District to include additional areas described
as the Cable Car Subarea; and
Whereas, consistent with the foregoing
amendment, Ordinance No. 60 -08 was
amended by Ordinance No. 58 -09 to provide
for the division of taxes within the Cable Car
Subarea of the Greater Downtown Urban Re-
newal District; and
Whereas, the Urban Renewal Plan for the
Greater Downtown Urban Renewal District
was further amended and restated as an
Amended and Restated Urban Renewal Plan,
pursuant to Resolution No. 269 -10 approved
on July 19, 2010, for the purpose of expanding
the Greater Downtown Urban Renewal District
to include additional areas described as the
Bluff Street Subarea, and
Whereas, consistent with the foregoing
amendment, Ordinance No. 58 -09 was
amended by Ordinance No. 51 -10 to provide
for the division of taxes within the Bluff Street
Subarea of the Greater Downtown Urban Re-
newal District; and
Whereas, the Urban Renewal Plan for the
Greater Downtown Urban Renewal District
was further amended and restated as an
Amended and Restated Urban Renewal Plan,
pursuant to Resolution No. 86 -11 approved on
March 7, 2011, for the purpose of expanding
the Greater Downtown Urban Renewal District
to include additional areas described as the
South Bluff Street Subarea, and
Whereas, the Greater Downtown Urban
Renewal District, as so amended subsequent-
ly was combined with the East 7th Street Eco-
nomic Development District, and the Kerper
Boulevard Industrial Park Economic Develop-
ment District to form a single urban renewal
area governed by the terms of an Amended
and Restated Urban Renewal Plan for the
Greater Downtown Urban Renewal District,
under which additional subareas described as
the Kerper Boulevard Subarea, Washington
Neighborhood Subarea, Industrial Harbor
Subarea East 7t-" Street Subarea and Chap-
lain Schmitt Subarea were established as part
of the Greater Downtown Urban Renewal Dis-
trict, all pursuant to Resolution No. 155 -11
adopted on May 2, 2011; and
Whereas, Ordinance No. 64 -97 has hereto-
fore provided for the division of taxes within
East 7th Street Economic Development District;
and
Whereas, Ordinance No. 43 -94 has hereto-
fore provided for the division of taxes within
Kerper Boulevard Industrial Park Economic
Development District; and
Whereas, indebtedness has been incurred
by the City, and additional indebtedness is
anticipated to be incurred in the future, to fi-
nance urban renewal project activities within
the combined area known as the Greater
Downtown Urban Renewal District (the
"Greater Downtown Urban Renewal District "),
and the continuing needs of redevelopment
within the Greater Downtown Urban Renewal
District are such as to require the continued
application of the incremental tax resources of
the Greater Downtown Urban Renewal District;
and
Whereas, the following enactment is nec-
essary to accomplish the objectives described
in the premises.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Ordinance Nos. 51 -10, 64 -97, and 43 -94
(amending Ordinance 58 -09, Ordinance 60 -08,
Ordinance 63 -07, amending Ordinance No.
20 -07, amending Ordinance No. 35 -04,
amending Ordinance No. 30 -82, as amended
by Ordinance Nos. 23 -94, 36 -94, 67 -97, and
26 -02, and Ordinance No. 66 -89, as amended
by Ordinance No. 97 -00) are hereby combined
and amended to read as follows:
Section 1: For purposes of this Ordinance,
the following terms shall have the following
meanings:
(a) Original Town Clock Subarea shall
mean that portion of the Amended Project Ar-
ea initially described in the Urban Renewal
Plan for the Downtown Dubuque Urban Re-
newal Project, Iowa R -15, approved by Reso-
lution No. 123 -67 on May 18, 1967, as
amended by the Amended and Restated Ur-
ban Renewal Plan for the Greater Downtown
Urban Renewal District approved by Resolu-
tion No. 108 -07 on February 20th, 2007, which
Original Town Clock Subarea includes the lots
and parcels located within the area now legally
described as follows:
Beginning at the intersection of the north
right -of -way line of Ninth Street with the east
right -of -way line of Central Avenue; thence
south along the east right -of -way line of Cen-
tral Avenue to its intersection with the south
right -of -way line of Fourth Street; thence west
along the south right -of -way line of Fourth
Street to its intersection with the west right -of-
way line of Locust Street; thence north along
the west right -of -way line of Locust Street to its
intersection with the north right -of -way line of
Ninth Street, but also including the adjacent
City Lots 623 and 624 (Dubuque Museum of
Art), the Locust Street Parking Ramp between
8th and 9th Streets and the former U.S. Fed-
eral Building located on City Lots 101, 102,
139, 140, and the N 54.5' of City Lots 103 &
138, and the vacated alley between said lots;
thence east along the north right -of -way line of
Ninth Street to its intersection with the east
204 Regular Session, June 6, 2011 Book 141
right -of -way line of Central Avenue, but also
including the adjacent Iowa Inn property and
the public parking lot known as Parking Lot
Number 1 located between 9th and 10th
Streets east of Iowa Street, to the point of be-
ginning.
(b) Old Main Subarea shall mean that por-
tion of the Amended Project Area initially de-
scribed in the Amended and Restated Urban
Renewal Plan for the Downtown Dubuque
Urban Renewal District approved by Resolu-
tion No. 145 -94 on May 2, 1994, which Old
Main Subarea includes the lots and parcels
located within the area legally described as
follows:
Beginning at the intersection of the south
right -of -way line of Fourth Street with the east
right -of -way line of Central Avenue; thence
west along the south right -of -way line of Fourth
Street to the west right -of -way line of Locust
Street; thence south along the west right -of-
way line of Locust Street to the north right -of-
way line of the Locust Street Connector;
thence east along the north right -of -way line of
the Locust Street Connector to the west right -
of -way line of Highways 151/61; thence north
along the west right -of -line of Highways 151/61
to the point of beginning.
(c) Town Clock Expansion Subarea shall
mean that portion of the Amended Project Ar-
ea initially described in the Amended and Re-
stated Urban Renewal Plan for the Downtown
Dubuque Urban Renewal District approved by
Resolution No. 479 -97 on November 17, 1997,
which Town Clock Expansion Subarea in-
cludes the lots and parcels located within the
area legally described as follows:
South 1/2 of City Lot 167, City Lot 168 and
City Lot 168A; Lots 1 & 2 of City Lots 204, 205,
206, 207 and 208, N. 23' of City Lot 263, S.
28.5' of City Lot 263, N. 1/2 of City Lot 262, S.
1/2 of City Lot 262, N. 1/2 of City Lot 261, all in
Section 24, Township 89 North, Range 2 East,
5th P.M., Dubuque County, Iowa and any ad-
joining public right -of -way.
(d) Upper Main Subarea shall mean that
portion of the Amended Project Area initially
described in the Amended and Restated Ur-
ban Renewal Plan for the Downtown Dubuque
Urban Renewal District approved by Resolu-
tion No. 187 -02 on April 1, 2002, as amended
by the Amended and Restated Urban Renewal
Plan for the Greater Downtown Urban Renew-
al District approved by Resolution No. 108 -07
on February 20th, 2007, which Upper Main
Subarea includes the lots and parcels located
within the area legally described as follows:
On the North by Fourteenth Street, on the
West by Locust Street but also including adja-
cent City Lots 660, 659, 658A and 658 except
the south 1' of City Lot 658 (Carnegie -Stout
Public Library), on the South by the Town
Clock Expansion Subarea and on the East by
Central Avenue, including all public rights -of-
way.
(e) Ice Harbor Subarea A shall mean that
portion of the Amended Project Area initially
described in the Urban Renewal Plan for the
Ice Harbor Urban Renewal District approved
by Resolution No. 403 -89 on December 18,
1989, which Ice Harbor Subarea A includes
the lots and parcels located within the area
legally described as follows:
that area generally bounded on the north
by the public alley located between the vacat-
ed Fourth Street and Third Street, on the west
by the Chicago, Central and Pacific Railroad
right -of -way, on the south by East First Street
and on the east by the municipal limits of the
City of Dubuque, Iowa and including any ad-
joining public right -of -way.
(f) Ice Harbor Subarea B shall mean that
portion of the Amended Project Area initially
described in the Amended and Restated Ur-
ban Renewal Plan for the Ice Harbor Urban
Renewal District approved by Resolution No.
241 -00 on June 5, 2000, which Ice Harbor
Subarea B includes the lots and parcels locat-
ed within the area legally described as follows:
that area generally bounded on the north
and west by the Chicago, Central and Pacific
Railroad right -of -way, on the south by the nor-
therly boundary of the Ice Harbor Subarea A
and on the east by the municipal limits of the
City of Dubuque, Iowa (excluding Lot 1 Adams
Co.'s 2nd Addition) and including any adjoining
public right -of -way.
(g) Ice Harbor Subarea C shall mean a
portion of the Amended Project Area added by
the Amended and Restated Urban Renewal
Plan for the Greater Downtown Urban Renew-
al District approved by Resolution No. 108 -07
on February 20th, 2007, consisting of Lot 1
Adams Co.'s 2nd Addition and any adjoining
public right -of -way.
(h) Warehouse Subarea shall mean a por-
tion of the Amended Project Area added by the
Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal
District approved by Resolution No. 597 -07 on
December 17, 2007, which Warehouse Subar-
ea includes the lots and parcels located within
the area legally described as follows:
Commencing as a point of reference at the
intersection of the centerlines of 11th Street
and Central Avenue in the City of Dubuque,
Dubuque County, Iowa, said point being the
point of beginning; thence northeasterly along
the centerline of 11th Street to a point of inter-
section with the centerline of White Street;
thence northwesterly along the centerline of
White Street to a point of intersection with the
centerline of 12th Street; thence northeasterly
along the centerline of 12th Street and exten-
Book 141 Regular Session, June 6, 2011 205
sion thereof to a point of intersection with the
centerline of US Highways 151 and 61; thence
southwesterly along the centerline of US
Highways 151 and 61 to a point of intersection
with the centerline of 4th Street extended;
thence southwesterly along the centerline of
4th Street and extension thereof to a point of
intersection with the centerline of Central Ave-
nue; thence northwesterly along the centerline
of Central Avenue to a point of intersection
with the centerline of 9th Street; thence south-
westerly along the centerline of 9th Street to a
point of intersection with the westerly line of
City Lot 259 extended southerly; thence
northwesterly along the westerly line of City
Lot 259, and Lots 1 and 2 of the Subdivision of
the South '/% of City Lot 261 and City Lot 260 to
the southwest corner of the N '/% of City Lot
261; thence northeasterly along the southerly
line of the N '/% of City Lot 261 and extension
thereof to a point of intersection with the cen-
terline of Central Avenue; thence northwesterly
along the centerline of Central Avenue to a
point of intersection of 11th Street also being
point of beginning; and including any adjoining
public right -of -way.
(i) South Main Subarea shall mean a por-
tion of the Amended Project Area added by the
Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal
District approved by Resolution No. 597 -07 on
December 17, 2007, which South Main Subar-
ea includes the lots and parcels located within
the area legally described as follows:
Commencing as a point of reference at a
point of intersection of the centerline of Locust
Street with the Locust Street Connector in the
City of Dubuque, Dubuque County, Iowa, said
point being the point of beginning; thence
northeasterly along the centerline of the Locust
Street Connector to a point of intersection with
the centerline of US Highways 52, 61, and
151; thence southeasterly along the centerline
of US Highways 52, 61, and 151 to a point of
intersection with the centerline of the eastern
section of Jones Street extended southwester-
ly; thence southwesterly along said extension
of the centerline of the eastern section of
Jones Street to a point of intersection with the
centerline of Main Street; thence northwesterly
along the centerline of Main Street to a point of
intersection with the centerline of Jones Street;
thence northwesterly along the centerline of
Jones Street to a point of intersection with the
easterly line of Lot 2D of vacated Shields
Street extended northerly; thence southeaster-
ly along the easterly line of Lot 2D of vacated
Shields Street to the southeasterly corner of
said Lot 2D; thence southwesterly along the
southerly lines of Lot A and Lot 2D of vacated
Shields Street and Lot 1 of 2 of City Lot 543
extended westerly to a point of intersection
with the centerline of Locust Street; thence
northeasterly along the centerline of Locust
Street to a point of intersection with the center-
line of the Second Street Connector, also be-
ing the point of beginning; and including any
adjoining public right -of -way.
(j) South Port Subarea shall mean a por-
tion of the Amended Project Area added by the
Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal
District approved by Resolution No. 300 -08 on
September 2, 2008, which South Port Subarea
includes the lots and parcels located within the
area legally described as follows:
Beginning at a point of reference at the
northwest corner of lot 2AA of Cooper Wagon
Works Block in the City of Dubuque, Dubuque
County Iowa, said pint being on the southerly
right of way line of East First Street; Thence
southeasterly along the southerly right of line
of East First Street and extension thereof to
the municipal limits of the City of Dubuque;
Thence southerly along said municipal limits to
a point of intersection with the southern right of
way line of Railroad Ave. extended easterly;
Thence southwesterly along said right of way
line extension there to the southeast corner of
lot A, Block 15 Dubuque Harbor Company's
Addition; Thence northwesterly along the
easterly line of said Lot A to the northerly right
of way line of Railroad Ave., and south line of
lot 1 of 5 of Block 27 Dubuque Harbor Compa-
ny's Addition; Thence northwesterly along the
westerly lines of lots 1 of 5, 1 of 4, 1 of 3, 1 of
2 and 1 of 1 of said Block 27 to the south line
of lot 4A of said Block 17; Thence westerly to
the easterly right of way line of vacated Water
Street; Thence northwesterly along said east-
erly line to the southwesterly corner of lot 2 of
said Block 17; Thence westerly along the ex-
tension of the southerly line of said Lot 2 to the
westerly line of Vacated Water Street; Thence
southeasterly along said westerly right of way
line to the southerly corner of lot 2 of Block 18
of Dubuque Harbor Company's Addition;
Thence northwesterly along the westerly line
of said lot 2 to a point of intersection with the
southerly right of way line of vacated Charter
St; Thence southwesterly along said right of
way line and extension thereof the centerline
of South Main Street; Thence northwesterly
along said centerline to the northerly line of lot
5, Block 13 Dubuque Harbor Company's Addi-
tion extended northeasterly; Thence south-
westerly along said line to the easterly line of
lots 7 and 8 of said Block 13; Thence south-
easterly along the easterly lines of said lots 7
& 8 and extension thereof to the centerline of
Charter Street; Thence southwesterly along
said centerline to the centerline of Salina
Street; Thence northwesterly along said cen-
terline to the northerly line of lot 1 of 3 of Block
206 Regular Session, June 6, 2011 Book 141
C of Industrial Sub. No. 1 extended northeast-
erly; Thence southwesterly along the northerly
lines of said lot 1 of 3 and Lot 2 of said Block C
extended to the westerly right of way line of
Harrison St.; Thence northerly along the east-
erly line of the West Part of Lot 1 of 1 of 1 of 1
of P.J. Seippel Lumber Company Place;
Thence westerly along the southerly lines of
lots 1 of 1 of 2 of 1 and Lot 2 of 1 of 2 of 1 and
extension thereof to the centerline of relocated
South Locust St; Thence northerly along said
centerline to the centerline of Dodge St;
Thence easterly along said centerline of
Dodge Street to a point of intersection with the
westerly line of Lot E of vacated Shields Street
extended southerly; Thence northerly along
said westerly line to the northwest corner of
said lot E; Thence easterly along the north line
of said lot E and Lot 6 Block 11 of Dubuque
Harbor Company's Addition and extension
thereof to the centerline of Main Street;
Thence southeasterly along the centerline of
Main St. to the centerline of Dodge Street;
Thence easterly along the centerline of Dodge
St to the intersection of Highway 61/151;
Thence northwesterly along said centerline to
a point of intersection with the southerly right
of way line of East First Street; Thence south-
easterly along said right of way line to the point
of beginning.
(k) Cable Car Subarea shall mean a por-
tion of the Amended Project Area added by the
Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal
District approved by Resolution No. 393 -09 on
October 5, 2009, which Cable Car Subarea
includes the lots and parcels located within the
area legally described as follows:
Commencing as a point of reference at the
intersection of the centerlines of Second Street
and Locust Street in the City of Dubuque,
Dubuque County, Iowa, said point being the
point of beginning; Thence southeasterly along
the centerline of Locust Street to a point of
intersection with the centerline of First Street;
Thence southwesterly along the centerline of
First Street to a point of intersection with the
centerline of Bluff Street; Thence northwesterly
along the centerline of Bluff Street to a point of
intersection with the centerline of Emmett
Street; Thence southwesterly along the center-
line of Emmett Street to a point of intersection
with the centerline of St. Mary's Street; Thence
northwesterly along the centerline of St. Mary's
Street and to a point of intersection with the
northerly line of Cathedral Center extended
southwesterly; Thence northeasterly along the
northerly line of Cathedral Center to a point of
intersection with the westerly right of way line
of Bluff Street; Thence northwesterly along
said westerly right of way line of Bluff Street
and extension thereof to a point of intersection
with the centerline of Third Street; Thence
southwesterly along the centerline of Third
Street to a point of intersection with the west-
erly line of Lot 1 of the East 78 ft. of the South
100 ft. of Lot 4 of City Lot 692 extended south-
erly; Thence northwesterly along said westerly
line to a point of intersection with the southerly
line of Fenelon Point Subdivision; Thence
northeasterly along said southerly line to a
point of intersection with the westerly line of
Lot 2 of 2 of City Lot 692;Thence northwesterly
along said westerly line and westerly line of
Lot 1 of 2 of City Lot 692 to a point of intersec-
tion with the southerly right of way line of W.
Fourth Street; Thence northeasterly across W.
Fourth Street to the southwest corner of Lot 1
of Evan's Place, said point also being on the
northerly right of way line of W. Fourth Street;
Thence northwesterly along the west line of
said Lot 1 to the southeast corner of Lot 34 of
Cooper Heights Addition; Thence continuing
northwesterly along the easterly line of Lots
34, 35, 36 and 37 of Cooper Heights Addition
to a point of intersection with the southerly
right of way line of W. Fifth Street; Thence
northeasterly to a point of intersection in the
centerline of W. Fifth Street approximately 270
feet southwesterly of the centerline of Bluff
Street; Thence northwesterly along the center-
line of W. Fifth Street to a point of intersection
with the southerly line of Coriell's Dubuque
also being the northerly right of way line of W.
Fifth Street; Thence northeasterly along said
right of way line of W. Fifth St. to the south-
west corner of Lot 1 of City Lot 690;Thence
northwesterly along the westerly line of said
Lot 1 to the northwest corner of said Lot
1;Thence northeasterly along the northerly line
of said Lot 1 to the northeast corner of said Lot
1;Thence southeasterly along the easterly line
of said Lot 1 to a point of intersection with the
northerly line of the south 62.5 ft. of the north
64 ft. of City lot 617;Thence northeasterly
along said northerly line and extension thereof
to a point of intersection with the centerline of
Bluff Street; Thence southeasterly along the
centerline of Bluff Street to a point of intersec-
tion with the northerly line of the south 10 ft. of
City Lot 138 extended southwesterly; Thence
northeasterly along said northerly line and
northerly line of the south 10 ft. of the south
34.6 ft. of City Lot 103 and extension thereof to
a point of intersection with the centerline of
Locust Street; Thence southeasterly along the
centerline of Locust Street to a point of inter-
section with the centerline of Second Street,
said point being the point of beginning.
(I) Bluff Street Subarea shall mean a por-
tion of the Amended Project Area added by the
Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal
District approved by Resolution No. 269 -10 on
Book 141 Regular Session, June 6, 2011 207
July 19, 2010, which Bluff Street Subarea in-
cludes the lots and parcels located within the
area legally described as follows:
Commencing as a point of reference at the
intersection of the centerlines of W. Sixth
Street and Bluff Street in the City of Dubuque,
Dubuque County, Iowa, said point being the
point of beginning; thence southeasterly along
the centerline of Bluff Street to a point of inter-
section with the northerly line of the south 62.5
ft. of the north 64 ft. of City Lot 617 extended
southeasterly; thence southwesterly along said
northerly line to the easterly line of Lot 1 of
City Lot 690; thence northwesterly along the
easterly line of said Lot 1 to the northeast cor-
ner of said Lot 1; thence southwesterly along
the northerly line of said Lot 1 to the northwest
corner of said Lot 1; thence southeasterly
along the westerly line of said Lot 1 to a point
of intersection with northerly right of way line of
W. Fifth Street; thence southwesterly along
said right of way line of W. Fifth St. to the
southeast corner of the South 73' of Lot 13 of
Coriell's Dubuque; thence northwesterly 73'
along the easterly line of said South 73' of Lot
13 of Coriell's Dubuque to the northeast corner
of the South 73' of Lot 13 of Coriell's Dubuque;
thence southwesterly along the northerly line
of said South 73' of Lot 13 of Coriell's Dubu-
que to a point of intersection with westerly line
of Lot 13 of Coriell's Dubuque; thence north-
westerly along said westerly line of Lot 13 to a
point of intersection with the southerly line of
Lot 33 of Coriell's Dubuque; thence northeast-
erly along said southerly line of Lot 33 to a
point of intersection with the westerly line of
Lot 14 of Coriell's Dubuque' thence northwest-
erly along said westerly line of said Lot 14 to a
point of intersection with the southerly line of
Lot 34 of Coriell's Dubuque; thence northeast-
erly along said southerly line of Lot 34 to the
easterly line of Coriell's Dubuque; thence
northwesterly along said easterly line Lots 34,
35, 36, 37, 38, and 44 of Coriell's Dubuque to
the northwest corner of the North 50' of Lot 1
of Lot 1 of City Lot 653; thence northeasterly
along the northerly line of said North 50' of Lot
1 of Lot 1 of City Lot 653 to the southeast cor-
ner of Lot 1 of McKinlay's Subdivision; thence
northwesterly along said easterly line of said
Lot 1 and extension thereof to a point of inter-
section with the centerline of West Eighth
Street; thence northwesterly along said center-
line of West Eighth Street to a point of inter-
section with the westerly line of Lot 1 of the
Subd'n. of City Lot 688 and part of City Lot 654
extended southerly; thence northwesterly
along said westerly line of Lot 1 and extension
thereof northerly to a point of intersection with
the centerline of West Ninth Street; thence
southwesterly along the centerline of West
Ninth Street to a point of intersection with the
southerly extension of the westerly line of Lot 2
of Lot 12 of Central Addition; thence north-
westerly along said westerly right of Lot 2 of
Lot 12 to the northwest corner of said Lot;
thence northeasterly along the northerly line of
said Lot 2 of Lot 12 to the northeast corner of
said Lot; thence southeasterly along said
easterly line of said Lot 2 of Lot 12 to the
southwest corner of Lot 1 of Lot 11 of Central
Addition; thence northeasterly along the
southerly line of Lot 1 of Lot 11 and Lot 1 of
Lot 10 of Central Addition to a point of inter-
section with the westerly line of Lot 1 of Lot 9
of Central Addition; thence northwesterly along
said westerly line of Lot 1 of Lot 9 to a point of
intersection with the southerly right of way line
of a public alley in Central Addition; thence
northeasterly along said southerly line to a
point of intersection with the westerly line of
Lot 1 of 1 of 10 of Lorimer's Subdivision;
thence northwesterly along said westerly line
of said Lot 1 of 1 of 10 to the northerly line of
Lorimer's Subdivision; thence northeasterly
along the northerly line of Lorimer's Subdivi-
sion to the southeast corner of a public alley
between Corkery's Subdivision and City Lot
655; thence northwesterly along the easterly
right of way line of said alley to a point of inter-
section with West Eleventh Street; thence
southwesterly along centerline of West Elev-
enth Street to a point of intersection with the
centerline of Grove Terrace; thence north-
westerly along centerline of Grove Terrace to a
point of intersection with the northerly right of
way line of Arlington Street; thence northeast-
erly along the northerly right of way line of Ar-
lington Street to the southeast corner of City
Lot 769B; thence northwesterly along the
easterly line of said City Lot 769B to a point of
intersection with the southerly line of Lot 3 of
Brown's Subdivision; thence southwesterly
along the southerly line of said Lot 3 to the
southwest corner of said lot; thence north-
westerly along the westerly line of said Lot 3
and extension thereof to a point of intersection
with the centerline of Loras Boulevard; thence
northeasterly along said centerline to a point of
intersection with the centerline of Locust
Street; thence southeasterly along the center-
line of Locust Street to a point of intersection
with the centerline of W. Eleventh Street;
thence southwesterly along the centerline of
W. Eleventh Street to a point of intersection
with the centerline of Bluff Street; thence
southeasterly along the centerline of Bluff
Street to a point of intersection with the exten-
sion of the southerly line of City Lot 658A;
thence northeasterly along the southerly line of
City Lot 658A extended and the southerly line
of City Lot 658, except the southerly one foot
thereof, extended to a point of intersection with
the centerline of Locust Street; thence south-
208 Regular Session, June 6, 2011 Book 141
easterly along the centerline of Locust Street
to a point of intersection with the centerline of
West Ninth Street; thence southwesterly along
the centerline of West Ninth Street to a point of
intersection with the centerline of Bluff Street;
thence southeasterly along the centerline of
Bluff Street to a point of intersection with the
centerline of West Eighth Street; thence north-
easterly along the centerline of West Eighth
Street to a point of intersection with the center-
line of Locust Street; thence southeasterly
along the centerline of Locust Street to a point
of intersection with the northerly line of City Lot
624 extended northeasterly; thence south-
westerly along the northerly line of City Lot 624
extended southeasterly to the centerline of a
public alley; thence southeasterly along the
centerline of a public alley to a point of inter-
section with the centerline of W. Seventh
Street; thence northeasterly along the center-
line of W. Seventh Street to a point of intersec-
tion with Locust Street; thence southeasterly
along the centerline of Locust Street to a point
of intersection with West Sixth Street; thence
southwesterly along the centerline of West
Sixth Street to a point of intersection with Bluff
Street said point being the point of beginning.
(m) South Bluff Street Subarea shall mean
that portion of the Amended Project Area add-
ed by the Amended and Restated Urban Re-
newal Plan for the Greater Downtown Urban
Renewal District approved by Resolution No.
86 -11 on March 7, 2011, which South Bluff
Street Subarea includes the lots and parcels
located within the area legally described as
follows:
Commencing as a point of reference at the
intersection of the centerlines of Emmett Street
and Bluff Street in the City of Dubuque, Dubu-
que County, Iowa, said point being the point of
beginning; thence southeasterly along the cen-
terline of Bluff Street to a point of intersection
with the centerline W. First Street; thence
southwesterly along the centerline W. First
Street to the centerline of Bluff Street; thence
southwesterly along the centerline of Bluff
Street to a point of intersection with the center-
line Dodge Street; thence southwesterly along
the centerline Dodge Street to a point of inter-
section with the easterly line of Lot 3 of City
Lot 694 extended southeasterly; thence north-
westerly along the easterly line of said Lot 3 of
City Lot 694 and Lot 1 -1 and 2 -1 of City Lot
694 to the southwest corner of Lot 1 -2 of City
Lot 694; thence northeasterly along said
southerly line of said Lot 1 -2 of City Lot 694 to
the southeast corner of said Lot; thence
northwesterly along said easterly line of Lot 1-
2 of City Lot 694 to a point of intersection with
the southerly line of Lot 12 of Saint Raphael's
Addition; thence northeasterly along said
southerly line of said Lot 12 and extension
thereof to the centerline of St. Mary's Street;
thence northwesterly along the centerline of
St. Mary's Street to a point of intersection with
the centerline of Emmett St.; thence north-
easterly along the centerline of Emmett St to
centerline of Bluff Street, said point being point
of beginning.
(n) Kerper Boulevard Subarea shall mean
that portion of the Amended Project Area ini-
tially described in the Amended and Restated
Urban Renewal Plan for the Greater Down-
town Urban Renewal District approved by
Resolution No. 155 -11 on May 2, 2011, which
Kerper Boulevard Subarea includes the lots
and parcels located within the area legally
described as follows:
Lot 1 -2, Lot 2 -2, Lot 2A, Lot 3 and Lot 6 all
in Kerper Industrial Park in the City of Dubu-
que, Dubuque County, Iowa, also including the
entire right of way of Kerper Court and the
westerly portion of Kerper Boulevard right of
way from the abutting Kerper Court right of
way and Lot 3 of Kerper Industrial Park to the
centerline of Kerper Boulevard.
(o) Washington Neighborhood Subarea
shall mean that portion of the Amended Pro-
ject Area added by the Amended and Restated
Urban Renewal Plan for the Greater Down-
town Urban Renewal District approved by
Resolution No. 155 -11 on May 2, 2011, which
Washington Neighborhood Subarea includes
the lots and parcels located within the area
legally described as follows:
Commencing as a point of reference at the
intersection of the centerlines of Central Ave-
nue and Loras Boulevard in the City of Dubu-
que, Dubuque County, Iowa, said point being
the point of beginning; Thence southwesterly
along the centerline of Loras Boulevard to a
point of intersection with the westerly line of
Lot 3 of Brown's Subdivision extended norther-
ly; Thence northerly to the southwest corner of
Lot 2 -3 of City Lot 667; Thence northwesterly
along the westerly line of said Lot 2 -3; Thence
northeasterly along the northerly line of said
Lot 2 -3 to a point of intersection with the
southeasterly line of Lot 1 -3 of City Lot 667;
Thence northeasterly along the said south-
easterly line to the northeast corner of said Lot
1 -3; Thence southwesterly along the northerly
line of said Lot 1 -3 to a appoint of intersection
with the easterly right of way line of Montrose
Terrace; Thence northwesterly along said the
easterly right of way line to a point of intersec-
tion with the easterly right of way line of a pub-
lic alley between D. N. Cooley's Subdivision
and Fairview Subdivision; Thence continuing
northwesterly along said the easterly alley line
to a point of intersection with the southerly
right of way line of W. 17th Street; Thence
northwesterly crossing W. 17th St. to the most
easterly corner of Lot 2 -1 -1 -2 of City Lot 670,
Book 141 Regular Session, June 6, 2011 209
said point being at the point of intersection of
the north right of way of W. 17th St. and west-
erly right of way line of W. Locust St.; Thence
southwesterly along the north right of way of
W. 17th St. to southeast corner of Lot 1 -2 -2 of
City Lot 670; Thence northwesterly along the
easterly lines of Lot 1 -2 -2 and Lot 2 -2 -2 of City
Lot 670 to a point of intersection with the
southerly right of way line of Clark St.; Thence
northwesterly crossing Clark St. to the south-
easterly corner of Welsh Place; Thence north-
westerly along the easterly line of said Welsh
Place to the northeast corner thereof; Thence
southwesterly along the northerly line of said
Welsh Place to a point of intersection with the
easterly right of way line of a public alley along
the westerly side of A. L. Bowen's Subdivision;
Thence northwesterly along said easterly right
of way line to a point of intersection with the
southerly right of way line of Angella Street;
Thence southwesterly along said southerly
right of way line to the northeast corner of Lot
12 of Gilliam's Subdivision; Thence northwest-
erly crossing Angella St. to the most southerly
corner of Lot 1 of Gilliam's Subdivision said
point being on the northerly right of way line of
Angella St.; Thence northwesterly along the
westerly line of said Lot 1 to a point of inter-
section with the southerly line of Lot 2 of Alvin
Haas Place; Thence southwesterly along the
southerly line of Lot 1 and Lot 2 of Alvin Haas
Place and the southerly line of the Westerly 40
feet of Lot 3 of Quigley's Subdivision of Out
Lot 710 to the most easterly corner of Lot 24 of
Quigley's Subdivision of Out Lot 710; Thence
westerly along the southerly boundary of Lots
4 through Lots 15 of Quigley's Subdivision Out
Lot 710 and the southerly line of Lots 9A, 10
and 11 of Quigley's Subdivision Out Lot 711 to
a point of intersection with the easterly right of
way line of Pierce Street; Thence northerly
along said easterly right of way line and exten-
sion thereof to a point of intersection with the
northerly right of way line of W. Locust Street;
Thence easterly along said northerly right of
way line to the easterly right of way line of
Foye Street; Thence northerly along said east-
erly right of way line to a point of intersection
with the southerly right of way line of a public
alley lying between Almond and W. Locust
Sts.; Thence easterly along said southerly right
of way line to a point of intersection with the
westerly right of way line of Ellis Street;
Thence southeasterly along said westerly right
of way line to a point of intersection with the
northerly right of way line of W. Locust Street;
Thence southeasterly crossing Ellis St. to a
point of intersection with the easterly right of
way line of Ellis St. at the southerly right of
way line of Dorgan Place; Thence easterly
along said southerly right of way line of Dorgan
Place to the northeast corner of Lot 1 -14 of
Dorgan's Subdivision; Thence easterly cross-
ing Dorgan Place to the southwest corner of
Lot 5 -2 of City Lot 673; Thence northerly along
the westerly line of said Lot 5 -2 to the north-
west corner thereof; Thence easterly along the
northerly line of said Lot 5 -2 to a point of inter-
section with the westerly right of way line of
Madison Street; Thence easterly crossing
Madison St. to the most westerly corner of Lot
A -2 -1 of City Lot 674, said point being on the
easterly right of way line of Madison St.
Thence easterly along the northerly line of said
Lot A -2 -1 to a point of intersection with the
easterly right of way line of Main Street;
Thence northerly along said easterly right of
way line to the northwest corner of Lot 2 -1 of
City Lot 674; Thence easterly and continuing
northeasterly along the northerly lines of Lot 2-
1, Lot 2 -2, Lot 2 -1 -3, Lot 1 -2 -3 all of the subdi-
vision of City Lot 674 to a point of intersection
with the westerly line of Lot 4 of City Lot 674;
Thence northwesterly along said westerly line
to a point of intersection with the southerly line
of Lot 1 -1 -2 of Duncan's Subdivision; Thence
northeasterly along said southerly line and
southerly line of Lot 1 and Lot 2 of M. A. Reb-
man's Subdivision and extension thereof to a
point of intersection with the easterly right of
way line of Heeb Street; Thence northwesterly
along said easterly right of way line to a point
of intersection with the northerly right of way
line of Clarke Drive; Thence northwesterly
along said northerly right of way line to a point
of intersection with the easterly right of way
line of Heeb Street lying between Central Ave-
nue and Shelby Street; Thence northwesterly
along said easterly right of way line to a point
of intersection with the southerly right of way
line of Kaufmann Avenue; Thence easterly
along said southerly right of way line to a point
of intersection with the southerly extension of
the easterly right of way line of a public alley
lying between Central Ave. and Francis Street;
Thence northwesterly along said easterly right
of way line to a point of intersection with the
southerly right of way line of W. 23rd Street;
Thence southwesterly along said southerly
right of way line to the northwest corner of the
East One -Half of Lot 11 of Tivoli Addition;
Thence northwesterly crossing W. 23rd St. to
the southwesterly corner of Lot 1 of Valeria
Place No. 2; Thence northwesterly along the
westerly line of said Lot 1 to a point of inter-
section with the southerly line of Lot 2 of said
Valeria Sub. No. 2; Thence southwesterly
along the southerly line of said Lot 2 to the
southwest corner thereof; Thence northwester-
ly along the westerly line of said Lot 2 to a
point of intersection with the southerly line of
Lot 2 -1 of Valeria Place; Thence northeasterly
along said southerly line to the southeasterly
corner of said Lot 2 -1; Thence northwesterly
210 Regular Session, June 6, 2011 Book 141
along the easterly line of said Lot 2 -1 the
northeast corner thereof, said point also being
the southeasterly right of way line of Carr St.;
Thence northwesterly along the easterly right
of way line of Carr St. to a point of intersection
with the southerly right of way line of W. 24th
Street; Thence northeasterly along said south-
erly right of way line to a point of intersection
with the southerly extension of the easterly
right of way line of Division Street; Thence
northwesterly along said easterly right of way
line to the northwest corner of Lot 8 of Wull-
weber's Subdivision; Thence southwesterly
along the southerly line of John King's Subdi-
vision to the southwest corner of the West
33.98 feet of Lot 1 -6 of John King's Subdivi-
sion; Thence northwesterly along the westerly
line of the West 33.98 feet of Lot 1 -6 of John
King's Subdivision to the northwest corner
thereof; Thence northeasterly along the nor-
therly line of said West 33.98 feet to the
southwest corner of Lot 1 of the East 329.98
feet of Lot 8 of John King's Subdivision;
Thence northwesterly along the westerly line
of said Lot 1 to a point of intersection with the
southerly line of the NE1 /4 of said Lot 8;
Thence southwesterly along said southerly line
to the southwest corner of said NE1 /4 of Lot 8;
Thence northwesterly along the westerly lines
of the NE1 /4 of Lot 8, the SE1 /4 of Lot 10, the
NE1 /4 Lot 10 and the E1/2 of Lot 12 all in John
King's Subdivision to the northwest corner of
said E1/2 of Lot 12; Thence northeasterly
along the northerly line of said E1/2 of Lot 12
to the southwest corner of Lot 1 -1 -1 of the
E1/2 of Lot 14 in John King's Subdivision;
Thence northwesterly along the westerly lines
of Lot 1 -1 -1 of the E1/2 of Lot 14 John King's
Subdivision to the northwest corner thereof;
Thence northeasterly along the northerly line
of said Lot 1 -1 -1 to a point of intersection with
the westerly right of way line of Central Ave-
nue; Thence northeasterly crossing Central
Avenue to a point of intersection of the easter-
ly right of way line of Central Avenue and the
northerly right of way line of E. 25th Street;
Thence northeasterly along said northerly right
of way line and extension thereof to a point of
intersection with the easterly right of way line
of Elm Street; Thence southeasterly along said
easterly right of way line to a point of intersec-
tion with the northerly right of way line of E.
24th Street; Thence northeasterly along said
northerly right of way line and extension there-
of to a point of intersection with the easterly
right of way line of Windsor Avenue; Thence
southeasterly along said easterly right of way
line to a point of intersection with the northerly
right of way line of E. 22nd Street; Thence
northeasterly along said northerly right of way
line to a point of intersection with the westerly
right of way line of Stafford Street; Thence
northeasterly crossing Stafford Street to a
point of intersection of the easterly right of way
line of Stafford Street and the northerly right of
way line of Thomas Place; Thence southeast-
erly along said easterly right of way line of
Stafford Street and extension thereof to a point
of intersection with the southerly right of way
line of Garfield Avenue; Thence southwesterly
along said southerly right of way line to a point
of intersection with the centerline of Stafford
Street extended southeasterly; Thence south-
easterly along the centerline of Stafford Street
extended to a point of intersection with the
northwesterly line of Lot 2 -2 of Kerper Industri-
al Park; Thence southwesterly along said
northwesterly line of Lot 1 -2 of Kerper Industri-
al Park to the northernmost point of Lot 1 of
Kerper Industrial Park; Thence southwesterly
along the westerly line of said Lot 1 to a point
of intersection with the northerly right of way
line of E. 16th Street; Thence southwesterly
along said northerly right of way line to the
easterly right of way line of Pine Street;
Thence southeasterly crossing E. 16th Street
along said easterly right of way of Pine St.
extended to a point of intersection with the
southerly right of way line of E. 16th St.;
Thence southwesterly along said southerly
right of way line to a point of intersection with
the easterly right of way line of Elm Street;
Thence southeasterly along said easterly right
of way line to a point of intersection with the
northerly right of way line of E. 15th Street;
Thence southwesterly along said northerly
right of way line to a point of intersection with
the westerly right of way line of Elm Street;
Thence southeasterly along said westerly right
of way of Elm Street and extension thereof to a
point of intersection with the centerline of E.
12th Street; Thence southwesterly along the
said centerline of E. 12th Street to a point of
intersection with the centerline of White Street;
Thence southeasterly along said centerline of
White Street to a point of interjection with the
centerline of E. 11th Street; Thence south-
westerly along said centerline of E. 11th Street
to a point of intersection with the centerline of
Central Avenue; Thence northwesterly along
said centerline of Central Avenue to a point of
intersection with the centerline of Loras Boule-
vard, said point being the point of beginning.
(p) Industrial Harbor Subarea shall mean
that portion of the Amended Project Area add-
ed by the Amended and Restated Urban Re-
newal Plan for the Greater Downtown Urban
Renewal District approved by Resolution No.
155 -11 on May 2, 2011, which Industrial Har-
bor Subarea includes the lots and parcels lo-
cated within the area legally described as fol-
lows:
Commencing as a point of reference at the
intersection of the centerline of E. 12th Street
Book 141 Regular Session, June 6, 2011 211
and the westerly right of way of Elm Street
extended southeasterly, in the City of Dubu-
que, Dubuque County, Iowa, said point being
the point of beginning; Thence northwesterly
along said westerly right of way line of Elm
Street and extension thereof to a point of inter-
section with the northerly right of way line of E.
Fifteenth Street; Thence northeasterly along
said northerly right of way line to a point of
intersection with the westerly right of way line
of a public alley lying between Pine Street and
Maple Street; Thence northwesterly along said
westerly right of way line to the northeast cor-
ner of the North 35 feet of Lot 255 in East
Dubuque Addition; Thence southwesterly
along the northwesterly line of said Lot to a
point of intersection with the easterly right of
way line of Pine Street; Thence northwesterly
along said easterly right of way line and exten-
sion thereof to the northerly right of way line of
E. 16th Street; Thence northeasterly along said
northerly right of way line to the southwest
corner of Lot 1 of Kerper Industrial Park;
Thence northwesterly and continuing north-
easterly along the westerly line of said Lot 1 to
the most northerly corner thereof; Thence
southwesterly along the westerly lines of Lot 1-
2 and Lot 2A of Kerper Industrial Park to the
southwest corner of said Lot 2A; Thence
northeasterly along the southerly line of said
Lot 2A to the southeast corner thereof; Thence
northwesterly along the easterly line of said
Lot 2A to the southwest corner of Lot 6 of
Kerper Industrial Park; Thence northeasterly
along the southerly line of said Lot 6 to the
southeast corner thereof; Thence northwester-
ly along the easterly line of said Lot 6 to the
northeast corner thereof and point of intersec-
tion with the southerly right of way line of
Kerper Court; Thence northeasterly along said
southerly right of way line and extension
thereof to a point of intersection with the cen-
terline of Kerper Blvd; Thence northwesterly
along said centerline to a point of intersection
with the northerly line of Lot 3 of Kerper Indus-
trial Park extended easterly; Thence north-
westerly along said extended line to the north-
east corner of said Lot 3, said point also being
on the westerly right of way line of Kerper
Blvd.; Thence northerly along said right of way
line to a point of intersection with the north-
easterly right of way line of Fengler St.;
Thence southeasterly along the extension of
said northeasterly right of way line crossing
Kerper Blvd. to a point of intersection with the
westerly line of Lot 1A of Block 7 River Front
Subdivision No. 3, said point being on the
easterly right of way line of Kerper Blvd.;
Thence southeasterly along said easterly right
of way line to a point of intersection with the
northerly right of way line of E. 16th Street;
Thence southeasterly crossing E. 16th Street to
a point of intersection of the south right of way
line of E. 16th St. and the east right of way line
of Kerper Blvd.; Thence northeasterly along
the southerly right of way line of E. 16th St. to a
point of intersection with the westerly shore of
Peosta Channel; Thence southeasterly contin-
uing along the westerly shore of Mississippi
River adjacent to the following: Kerper Blvd.,
River Front Subdivision No. 2, Part of Gov-
ernment Lot 3, Section 19, T89N, R3E, 5th
P.M., Parts of Congressional Lot 8 in Section
19, T89N, R3E, 5th P.M, Dubuque Harbor Im-
provement Company's Addition, and River
Front Subdivision No. 1, to a point of intersec-
tion with the northerly line of Ice Harbor Urban
Renewal Subarea B, described as That area
generally bounded on the north and west by
the Chicago, Central and Pacific Railroad
right -of -way, on the south by the northerly
boundary of Subarea A and on the east by the
municipal limits of the City of Dubuque includ-
ing any adjoining public right -of -way; Thence
northwesterly and continuing southwesterly
along the northerly and westerly sides of Ice
Harbor Urban Renewal District Subarea B to a
point of intersection with the southerly right of
way line of E. 4th street; Thence southwesterly
along said southerly right of way line to a point
of intersection with the centerline of U.S.
Highways 61/151; Thence northeasterly along
said centerline to a point of intersection with
the centerline of E. 12th Street; Thence south-
westerly along said centerline to a point of
intersection with the westerly right of way line
of Elm St. extended, said point being the point
of beginning; Excepting therefrom, the East 7th
Street Subarea.
(q) East 7th Street Subarea shall mean that
portion of the Amended Project Area initially
described in the Amended and Restated Ur-
ban Renewal Plan for the Greater Downtown
Urban Renewal District approved by Resolu-
tion No. 155 -11 on May 2, 2011, which East 7th
Street Subarea includes the lots and parcels
located within the area legally described as
follows:
Block 13 Lot 1 of Lot 4, Lot 1 of Lot 5, Lot 1
of Lot 6, and Lots 7, 8, 9, 10, 11, 12, 13 and
14; Block '16 Lots 1, 2, 3, 4 and 5; and Block
17 Lots A, B, C, D, E, F, Lots 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, 13, 14, and 15, Lot 1 of Lot
16, Lot 1 of Lot 1 of Lot 17, Lot 2 of Lot 1 of
Lot 18, Lot 2 of Lot 20, Lot 2 of Lot 21, Lot 2 of
Lot 22, Lot 2 of Lot 23, Lot 2 of Lot 24, Lot 2 of
Lot 25, Lot 2 of Lot 26, Lot 2 of Lot 27, Lot 3 of
Lot 28, Lot 3 of Lot 29, Lot 3 of Lot 30, Lot 3 of
Lot 31, Lot 3 of Lot 32 all in the Dubuque Har-
bor Improvement Co.'s Addition, Township 89
North, Range 3 East of the 5th P.M., Dubuque
County, Iowa and any adjoining public right -of-
way.
(r) Schmitt Subarea shall mean that portion
212 Regular Session, June 6, 2011 Book 141
of the Amended Project Area added by the
Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal
District approved by Resolution No. 155 -11 on
May 2, 2011, which Chaplain Schmitt Subarea
includes the lots and parcels located within the
area legally described as follows:
All of that part of the City of Dubuque lying
easterly of the Peosta Channel also known as
Chaplain Schmitt Island and the area lying
east of the easterly right of way line of Kerper
Boulevard between the centerline of U.S.
Highway 61/151 and the southerly right of way
line of E. 16th Street in Sections 17, 18, 19 and
20, T89N, R3E, 5th P.M. in the City of Dubu-
que, Dubuque County, Iowa.
(s) Amended Proiect Area shall mean the
areas of the City of Dubuque, Iowa included
within the Original Town Clock Subarea, the
Old Main Subarea, the Town Clock Expansion
Subarea, the Upper Main Subarea, the Ice
Harbor Subarea A, the Ice Harbor Subarea B,
the Ice Harbor Subarea C, the Warehouse
Subarea, the South Main Subarea, the South
Port Subarea, the Cable Car Subarea, the
Bluff Street Subarea, the South Bluff Street
Subarea, the Kerper Boulevard Subarea, the
Washington Neighborhood Subarea, the In-
dustrial Harbor Subarea, the East 7th Street
Subarea and the Chaplain Schmitt Subarea,
each as described in this Section.
(t) Urban Renewal Plan shall mean the
Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal
District, approved by Resolution No. 155 -11 on
May 2, 2011, as the same may be amended
from time to time.
Section 2: The taxes levied on the taxable
property in the Amended Project Area, legally
described in Section 1 hereof, by and for the
benefit of the State of Iowa, City of Dubuque,
County of Dubuque, Dubuque Community
School District, and all other taxing districts
from and after the effective date of this Ordi-
nance shall be divided as hereinafter in this
Ordinance provided.
Section 3: As to the Original Town Clock
Subarea, that portion of the taxes which would
be produced by the rate at which the tax is
levied each year by or for each of the taxing
districts taxing property in the Original Town
Clock Subarea upon the total sum of the as-
sessed value of the taxable property in the
Original Town Clock Subarea as shown on the
assessment roll as of January 1, 1966, being
the assessment roll last equalized prior to the
date of the initial adoption of the Urban Re-
newal Plan for the Downtown Dubuque Urban
Renewal Project, Iowa R -15, shall be allocated
to and when collected be paid into the fund for
the respective taxing district as taxes by or for
said taxing district into which all other property
taxes are paid. The taxes so determined shall
be referred herein as the "base period taxes"
for such subarea.
As to the Old Main Subarea, base period
taxes shall be computed in the same manner
using the total assessed value shown on the
assessment roll as of January 1, 1993, being
the assessment roll as of January 1 of the cal-
endar year preceding the effective date of Or-
dinance No. 23 -94.
As to the Town Clock Expansion Subarea,
base period taxes shall be computed in the
same manner using the total assessed value
shown on the assessment roll as of January 1,
1996, being the assessment roll as of January
1 of the calendar year preceding the effective
date of Ordinance No. 67 -97.
As to the Upper Main Subarea, base peri-
od taxes shall be computed in the same man-
ner using the total assessed value shown on
the assessment roll as of January 1, 2001,
being the assessment roll as of January 1 of
the calendar year preceding the effective date
of Ordinance No. 26 -02.
As to the Ice Harbor Subarea A, base peri-
od taxes shall be computed in the same man-
ner using the total assessed value shown on
the assessment roll as of January 1, 1988,
being the assessment roll as of January 1 of
the calendar year preceding the effective date
of Ordinance No. 66 -89.
As to the Ice Harbor Subarea B, base peri-
od taxes shall be computed in the same man-
ner using the total assessed value shown on
the assessment roll as of January 1, 1999,
being the assessment roll as of January 1 of
the calendar year preceding the effective date
of Ordinance No. 97 -00.
As to the Ice Harbor Subarea C, base peri-
od taxes shall be computed in the same man-
ner using the total assessed value shown on
the assessment roll as of January 1, 2006,
being the assessment roll as of January 1 of
the calendar year preceding the effective date
of Ordinance No. 20 -07.
As to the Warehouse Subarea, base period
taxes shall be computed in the same manner
using the total assessed value shown on the
assessment roll as of January 1, 2006, being
the first day of the calendar year preceding the
effective date of Ordinance No. 63 -07.
As to the South Main Subarea, base period
taxes shall be computed in the same manner
using the total assessed value shown on the
assessment roll as of January 1, 2006, being
the first day of the calendar year preceding the
effective date of Ordinance No. 63 -07.
As to the South Port Subarea, base period
taxes shall be computed in the same manner
using the total assessed value shown on the
assessment roll as of January 1, 2007, being
the first day of the calendar year preceding the
Book 141 Regular Session, June 6, 2011 213
effective date of Ordinance No. 60 -08.
As to the Cable Car Subarea, base period
taxes shall be computed in the same manner
using the total assessed value shown on the
assessment roll as of January 1, 2008, being
the first day of the calendar year preceding the
effective date of Ordinance 58 -09.
As to the Bluff Street Subarea, base period
taxes shall be computed in the same manner
using the total assessed value shown on the
assessment roll as of January 1, 2009, being
the first day of the calendar year preceding the
effective date of Ordinance 51 -10.
As to the South Bluff Street Subarea, base
period taxes shall be computed in the same
manner using the total assessed value shown
on the assessment roll as of January 1, 2010,
being the first day of the calendar year preced-
ing the effective date of this Ordinance.
As to the Kerper Boulevard Subarea, base
period taxes shall be computed in the same
manner using the total assessed value shown
on the assessment roll as of January 1, 1993,
being the first day of the calendar year preced-
ing the effective date of Ordinance 43 -94.
As to the Washington Neighborhood Sub-
area, base period taxes shall be computed in
the same manner using the total assessed
value shown on the assessment roll as of Jan-
uary 1, 2010, being the first day of the calen-
dar year preceding the effective date of this
Ordinance.
As to the Industrial Harbor Subarea, base
period taxes shall be computed in the same
manner using the total assessed value shown
on the assessment roll as of January 1, 2010,
being the first day of the calendar year preced-
ing the effective date of this Ordinance.
As to the East 7th Street Subarea, base pe-
riod taxes shall be computed in the same
manner using the total assessed value shown
on the assessment roll as of January 1, 1996,
being the first day of the calendar year preced-
ing the effective date of Ordinance 64 -97.
As to the Chaplain Schmitt Subarea, base
period taxes shall be computed in the same
manner using the total assessed value shown
on the assessment roll as of January 1, 2010,
being the first day of the calendar year preced-
ing the effective date of this Ordinance.
Section 4: That portion of the taxes each
year in excess of the base period taxes for the
Amended Project Area, determined for each
subarea thereof as provided in Section 3 of
this Ordinance, shall be allocated to and when
collected be paid into the special tax increment
fund previously established by the City of
Dubuque to pay the principal of and interest on
loans, monies advanced to, or indebtedness,
whether funded, refunded, assumed or other-
wise, including bonds issued under authority of
Section 403.9 or Section 403.12 of the Code of
Iowa, incurred by the City of Dubuque, Iowa to
finance or refinance, in whole or in part, urban
renewal projects undertaken within the
Amended Project Area pursuant to the Urban
Renewal Plan, except that taxes for the regular
and voter - approved physical plant and equip-
ment levy of a school district imposed pursuant
to Section 298.2 of the Code of Iowa (but only
to the extent required under Section 403.19(2))
and taxes for the payment of bonds and inter-
est of each taxing district shall be collected
against all taxable property within the Amend-
ed Project Area without any limitation as here -
inabove provided.
Section 5: Unless or until the total as-
sessed valuation of the taxable property in the
subareas of the Amended Project Area ex-
ceeds the total assessed value of the taxable
property in said subareas shown by the as-
sessment rolls referred to in Section 3 of this
Ordinance, all of the taxes levied and collected
upon the taxable property in the Amended
Project Area shall be paid into the funds for the
respective taxing districts as taxes by or for the
taxing districts in the same manner as all other
property taxes.
Section 6: At such time as the loans, mon-
ies advanced, bonds and interest thereon and
indebtedness of the City of Dubuque referred
to in Section 4 hereof have been paid, all mon-
ies thereafter received from taxes upon the
taxable property in the Amended Project Area
shall be paid into the funds for the respective
taxing districts in the same manner as taxes
on all other property.
Section 7: All ordinances or parts of ordi-
nances in conflict with the provisions of this
Ordinance are hereby repealed. The provi-
sions of this Ordinance are intended and shall
be construed so as to continue the division of
taxes from property within the Amended Pro-
ject Area under the provisions of Section
403.19 of the Code of Iowa, as authorized in
Ordinance Nos. 51 -10, 64 -97 and 43 -94, each
as previously amended, and to fully implement
the division of taxes in the South Bluff Street
Subarea, the Washington Neighborhood Sub-
area, the Industrial Harbor Subarea, and the
Chaplain Schmitt Subarea. In the event that
any provision of this Ordinance shall be de-
termined to be contrary to law it shall not affect
other provisions or application of this Ordi-
nance which shall at all times be construed to
fully invoke the provisions of Section 403.19 of
the Code of Iowa with reference to the
Amended Project Area and the territory con-
tained therein.
Section 8: This Ordinance shall be in effect
after its final passage, approval and publica-
tion as provided by law.
Passed and approved this 6th day of June,
2011.
214 Regular Session, June 6, 2011 Book 141
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, Acting City Clerk
Published officially in the Telegraph Herald
Newspaper the 10th day of June, 2011.
/s /Kevin S. Firnstahl, Acting City Clerk
Read first time: June 6, 2011
Read second time: June 6, 2011
Read third time: June 6, 2011
Passed and approved: June 6, 2011
U.S. 61 / 151 Capacity Improvements Pro-
ject: City Manager recommending award of the
public improvement contract for the U.S.
61/151 Capacity Improvements Project to
Tschiggfrie Co., Inc., in the amount of
$964,338.65. Motion by Jones to receive and
file the documents and adopt Resolution No.
190 -11 Awarding public improvement contract
for the US 61/151 Capacity Improvements
Project, Iowa DOT Project No. STP- A -061-
8(128) — 22 -31. Seconded by Connors. Re-
sponding to questions from City Council, City
Engineer Gus Psihoyos stated that the project
should be completed fall of 2011. Motion car-
ried 7 -0.
RESOLUTION NO. 190 -11
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE US 611151 CAPACITY IM-
PROVEMENTS PROJECT, IOWA DOT PRO-
JECT NO. STP -A- 061 - 8(128) — 22 -31
Whereas, sealed proposals have been
submitted by contractors for the US 61/151
Capacity Improvements Project, Iowa DOT
Project No. STP -A- 061 - 8(128) — 22 -31 (the
Project) pursuant to Resolution No. 153 -11
and Notice to Bidders published in a newspa-
per published in the City of Dubuque, Iowa on
the 2nd day of May, 2011; and
Whereas, said sealed proposals were
opened and read by the Iowa Department of
Transportation on the 17th day of May, 2011
and it has been determined that Tschiggfrie
Excavating Co. of Dubuque, IA, with a bid in
the amount of $964,338.65, is the lowest re-
sponsive, responsible bidder for the Project.
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 Tschiggfrie Ex-
cavating Co., subject to the concurrence by
Iowa Department of Transportation (Iowa
DOT), and the City Manager is hereby directed
to execute a Public Improvement Contract on
behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 6th day
of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Iowa Department of Transportation (IDOT):
City Manager recommending approval of a
request to the Iowa Department of Transporta-
tion (IDOT) to convert 9th and 11th Streets from
one -way to two -way traffic in the Historic Mill-
work District. Motion by Connors to receive
and file the documents and adopt Resolution
No. 191 -11 Requesting the Iowa Department
of Transportation approve the conversion of 9th
and 11th Streets to two -way traffic. Seconded
by Jones. Responding to questions from City
Council, Assistant Economic Development
Director Aaron DeJong stated that the project
affects the east side of Central Avenue and
costs involve changes to signals, turn lanes,
and curbing. Motion carried 7 -0.
RESOLUTION NO. 191 -11
REQUESTING THE IOWA DEPARTMENT OF
TRANSPORTATION APPROVE THE CON-
VERSION OF 9TH AND 11TH STREETS TO
TWO -WAY TRAFFIC.
Whereas, on February 16, 2009, the City
Council of the City of Dubuque, Iowa adopted
the Historic Millwork District Master Plan; and
Whereas The Master Plan recommends
converting 9th and 11th Streets to two -way traf-
fic; and
Whereas, converting 9th and 11th Streets
will allow access to property currently owned
by the Iowa Department of Transportation; and
Whereas, he land owned by the Iowa De-
partment of Transportation has been identified
as the desirable location for an intermodal
transit facility; and
Whereas, the Iowa Department of Trans-
portation has requested a formal request from
the City of Dubuque to convert 9th and 11th
Streets to two -way traffic.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Dubuque City Council
requests the Iowa Department of Transporta-
tion to allow for the conversion of 9th and 11th
Streets to two -way traffic.
Section 2. That the Dubuque City Council
requests the Iowa Department of Transporta-
tion to transfer ownership of property between
Elm Street and US Highway 151/61 after the
modifications are made.
Section 3. That the City Manager is author-
ized to take such actions as are necessary to
accommodate the conversion of 9th and 11th
Streets.
Passed, approved and adopted this 6th day
of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Towing Services — Amendment to Con-
tract: City Manager recommending approval of
a request from Wenzel Towing for an increase
Book 141 Regular Session, June 6, 2011 215
in fees for the remainder of the contract period
related to the increase in fuel costs. Motion by
Connors to receive and file the documents and
approve the recommendation. Seconded by
Braig. Responding to questions from City
Council, Acting Police Chief Terry Tobin stated
that the contract allows for all towing request-
ed by the City and that a citizen is responsible
for the costs incurred for their vehicles. (Addi-
tional information was shared during Public
Input). Motion carried 7 -0.
Catfish Creek Watershed Partnership —
28E Agreement: City Manager recommending
approval to enter into a 28E agreement for the
Catfish Creek Watershed Partnership with
Dubuque County and the Dubuque Soil and
Water Conservation District (DSWCD) for the
development of a Watershed Management
Plan for the Catfish Creek Watershed Basin.
Communication from the Environmental
Stewardship Advisory Commission.
Motion by Connors to receive and file the
documents and adopt Resolution No. 192 -11
Authorizing the execution of a 28E Agreement
with Dubuque County and the Dubuque Soil
and Water Conservation District regarding the
preparation and implementation of a water-
shed management plan for the Catfish Creek
Watershed Basin. Seconded by Braig. Motion
carried 7 -0.
RESOLUTION NO. 192 -11
AUTHORIZING THE EXECUTION OF A 28E
AGREEMENT WITH DUBUQUE COUNTY
AND THE DUBUQUE SOIL AND WATER
CONSERVATION DISTRICT REGARDING
THE PREPARATION AND IMPLEMENTA-
TION OF A WATERHSED MANAGEMENT
PLAN FOR THE CATFISH CREEK WATER-
SHED BASIN
Whereas, the City of Dubuque's MS4 per-
mit requires the preparation and implementa-
tion of a watershed management plan for the
Catfish Creek Watershed; and
Whereas, the Catfish Creek Watershed
Basin extends beyond the City limits and the
health of the watershed is impacted by what
occurs both inside and outside the City limits;
and
Whereas, a partnership with Dubuque
County and the Dubuque Soil and Water Con-
servation District allows all parties access to
data for a better understanding of the health of
the streams within the Catfish Creek Water-
shed Basin; and
Whereas, it is in the best interest of the
City of Dubuque to enter into the agreement.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The Mayor is hereby authorized to sign the
28E Agreement in the form attached hereto.
Passed, approved and adopted this 6th day
of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Fundraising Car Washes: City Manager
transmitting information regarding fundraising
car washes within the City of Dubuque as it
relates to stormwater management and the
City's National Pollution Discharge Elimination
System (NPDES) municipal separate storm
sewer system (MS4) permit.
Communication from the Environmental
Stewardship Advisory Commission.
Motion by Connors to receive and file the
documents. Seconded by Braig. Resnick ex-
pressed a recommendation for all car washes
to use the sanitary sewer, biodegradable soap,
barrier and filtration equipment, and pre-
fabricated kits. Motion carried 7 -0.
Bee Branch Creek Restoration Project —
Purchase of Property and Design Modifica-
tions: City Manager recommending approval to
begin the process of acquiring additional prop-
erty for the Bee Branch Creek Restoration
Project and project design modifications. Mo-
tion by Connors to receive and file the docu-
ments and approve the recommendation. Se-
conded by Jones. Motion carried 7 -0.
Greater Dubuque Development Corpora-
tion — Board Appointments: Communication
from Rick Dickinson, Greater Dubuque Devel-
opment Corporation, requesting appointments
to the Greater Dubuque Development Corpo-
ration Board of Directors (currently Mayor Roy
Buol, City Manager Michael Van Milligen, Eco-
nomic Development Director Dave Heiar and
City Council Members Joyce Connors and
Kevin Lynch). Motion by Jones to receive and
file the document and re- appoint Mayor,
Council Members Connors and Lynch, City
Manager Van Milligen and Economic Devel-
opment Director Heiar. Seconded by Braig.
Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Braig reported on the upcoming HEART
Program fund raising event at Monk's Kaffee
Pub on June 12 from 1 -5 p.m.
Jones encouraged residents to continue to
patronize the businesses along Central Ave-
nue during the street reconstruction.
Connors asked staff to explore options for
blocking off streets, which could potentially
hurt businesses during City projects.
216 Regular Session, June 20, 2011 Book 141
PUBLIC INPUT
Central Avenue business owners Heidi
Koltes (Heidi's Home Baked Goods, 27th &
Central), Aaron Fagan (Fagan's Shoe Repair,
2327 Central), Bill Beauchamp (Tri -State Auto,
2403 Central) expressed their concerns over
the decrease in business and parking difficulty
since the closing of Central Avenue for recon-
struction. They stated that directional signage
is confusing and ineffective and requested
assistance from the City. Tony Willis (Heidi's
Home Baked Goods employee) and Mike An-
sel, 2780 Central Avenue, spoke in support of
the business owners. Mr. Ansel informed the
Council about a traffic ticket he received while
trying to maneuver through the construction
area. Responding to questions from City
Council, City Manager Van Milligen and City
Engineer Gus Psihoyos stated that additional
options are being considered to expedite the
project and that they will speak with the affect-
ed property owners.
Billy Swinton, 1301 Main Street, inquired
about a cap on fees for towed vehicles. Acting
Police Chief Terry Tobin responded by stating
that a cap is not part of the City's contract and
that arrangements for the payment of fees
would be between the citizen and the towing
company and not the responsibility of the City
adding that abandoned vehicles are auctioned
after 90 days.
There being no further business, upon mo-
tion the City Council adjourned at 8:43 p.m.
/s/Kevin S. Firnstahl
Acting City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in regular
session at 6:30 p.m. on June 20, 2011 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro -Tem Sutton, Council
Members, Braig, Connors, Jones, Lynch, Res-
nick, Assistant City Manager Steinhauser, City
Attorney Lindahl
Absent: Mayor Roy Buol, City Manager
Van Milligen
Mayor Pro -Tem Sutton read the call and
stated this is a regular session of the City
Council to act upon such business that may
properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Pastor Rex
Rains of New Life Church.
CONSENT ITEMS
Motion by Jones to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Braig. Motion
carried 6 -0.
Minutes and Reports Submitted: Cable
Community Teleprogramming Commission of
5/3; City Council Proceedings of 6/6; Civil Ser-
vice Commission of 5/5; Historic Preservation
Commission Education Task Force of 6/1;
Park and Recreation Advisory Commission of
5/10; Safe Community Advisory Committee of
5/11 and 6/8; Sister City Relationships Adviso-
ry Commission of 6/8; Zoning Advisory Com-
mission of 6/1; Zoning Board of Adjustment of
5/26
Carnegie -Stout Public Library Board of
Trustees Update from Meeting of May 26,
2011
Proof of Publication for City Council Pro-
ceedings of May 16, 2011
Upon motion the documents were received
and filed.
Notice of Claims /Suits: Larry McDonough
for vehicle damage; Wanda Schaller for per-
sonal injury; Kelly Jo Smith for vehicle dam-
age. Upon motion the documents were re-
ceived, filed and referred to the City Attorney.
City Attorney advising that the following
claims have been referred to Public Entity Risk
Book 141 Regular Session, June 20, 2011 217
Services of Iowa, the agent for the Iowa Com-
munities Assurance Pool: Larry McDonough
for vehicle damage; Tricia Mergen for vehicle
damage; Kelly Jo Smith for vehicle damage.
Upon motion the documents were received,
filed and concurred.
Dubuque County Attorney: Communication
from Assistant County Attorney Christine
Corken thanking the City of Dubuque Police
Department for their work related to the prose-
cution of Eddie Chest and Eddie Adams. Upon
motion the document was received and filed.
PEG Capital Grant Expenditure Request:
City Manager recommending approval of a
request from the Cable TV Tele- Programming
Commission for funding from the Public, Edu-
cational, and Government (PEG) Capital Grant
for Access Equipment and Facilities in the
amount of $15,000 for a 64 -bit, Windows 7-
based non - linear editing system for the TV
control
room at the City Hall Annex, and $12,500 for a
set of portable efficient LED lights for remote
production. Upon motion the documents were
received, filed, and approved.
Specific and Aggregate Stop -Loss Renew-
al - Health and Prescription Drug: City Man-
ager recommending approval of the renewal
rates as submitted by HM Life for the City's
Specific and Aggregate Stop Loss Insurance -
Health and Prescription Drug Plans. Upon
motion the documents were received, filed,
and approved.
Park and Recreation Commission: Com-
munication from Mark Noble submitting his
resignation from the Park and Recreation
Commission due to a change in residency.
Upon motion the document was received and
filed and the resignation accepted.
Investment Oversight Advisory Commis-
sion: Communication from Virgil Blocker sub-
mitting his resignation from the Investment
Oversight Advisory Commission. Upon motion
the document was received and filed and the
resignation accepted.
Sustainable Dubuque Project Status Re-
port - May 2011: City Manager transmitting
the Sustainable Dubuque Project Status Re-
port for May 2011. Upon motion the docu-
ments were received and filed.
Civil Service Commission: The Civil Ser-
vice Commission submitting the certified list for
the position of Serviceworker. Upon motion the
document was received and filed and made a
Matter of Record.
May 4, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Serviceworker was administered on April
14, 2011. We hereby certify that the individu-
als listed below have passed this written ex-
amination and the vacancy for this position
should be made from this list and that this list
is good for two (2) years from above date.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11
12
13
14
15
16
17
18
19
20
21
22
SERVICEWORKER
Randy Hancock 23. Peter Otterbeck
Douglas Hefei 24. Jeffrey Collins
Matthew Kremer 25. Patrick Healey
Dave Hanson 26. Evan Johnson
Mark Pottebaum 27. Jay Merfeld
Greg Griffin 28. Brad Nesteby
Shaun Gilligan 29. Patrick Schmidt
Eric Rogers 30. Donald Adams
Matthew Calin 31. Jason DeMaio
Shawn Stumpf 32. William Frye
Samuel Moore 33. Robert Hall
Daniel Glennon 34. Nicholas Meyer
Rodney Crooks 35. James Schemmel
Larry Gansen 36. Randy Sertle
StevenKleinschrodt 37. James Vize
Roger Koppes 38. Jeffrey Kemp
Zachary Schlictmann 39. Conan Grap
Gary Valentine
Brian Wessels
Charles DeMaio
Brian Kelly
Michael Frommelt
40. Jeffrey Hammel
41. Luke Hartmann
42. Charles Herrig
43. Michael Schilling
Respectfully submitted,
Daniel White,
Jim Schilling,
Betty Takes,
Civil Service Commission
Purchase of Service Agreement - Ameri-
ca's River Corporation: City Manager submit-
ting the Fiscal Year 2012 Purchase of Service
Agreement with the America's River Corpora-
tion in the amount of $10,000. Upon motion
the documents were received, filed, and ap-
proved.
Purchase of Service Agreement - Dubuque
Area Chamber of Commerce Convention and
Visitors Bureau City Manager submitting the
Fiscal Year 2012 Purchase of Service Agree-
ment with the Convention and Visitors Bureau in
the amount of $823,109. Upon motion the docu-
ments were received, filed, and approved.
Purchase of Service Agreement - Dubu-
que Area Labor Management Council: City
Manager submitting the Fiscal Year 2012 Pur-
chase of Service Agreement with the Dubuque
218 Regular Session, June 20, 2011 Book 141
Area Labor Management Council in the
amount of $30,000. Upon motion the docu-
ments were received, filed, and approved.
Purchase of Service Agreement — Dubu-
que Main Street: City Manager submitting the
Fiscal Year 2012 Purchase of Service Agree-
ment with Dubuque Main Street in the amount
of $74,276. Upon motion the documents were
received, filed, and approved.
Purchase of Service Agreement — Greater
Dubuque Development Corporation: City Man-
ager submitting the Fiscal Year 2012 Purchase
of Service Agreement with the Greater Dubu-
que Development Corporation in the amount of
$501,613. Upon motion the documents were
received, filed, and approved.
Purchase of Service Agreement — Helping
Services of Northeast Iowa: City Manager
submitting the Fiscal Year 2012 Purchase of
Service Agreement with Helping Services of
Northeast Iowa in the amount of $2,147. Upon
motion the documents were received, filed,
and approved.
Purchase of Service Agreement — Opera-
tion: New View Community Action Agency:
City Manager submitting the Fiscal Year 2012
Purchase of Service Agreement with Opera-
tion: New View Community Action Agency in
the amount of $18,805. Upon motion the doc-
uments were received, filed, and approved.
Purchase of Service Agreement - Opening
Doors for Emergency and Transitional Hous-
ing: City Manager submitting the Fiscal Year
2012 Purchase of Service Agreement with
Opening Doors for emergency and transitional
housing in the amount of $5,000. Upon motion
the documents were received, filed, and ap-
proved.
Purchase of Service Agreement — Project
Concern Foster Grandparent Program: City
Manager submitting the Fiscal Year 2012 Pur-
chase of Service Agreement with Project Con-
cern in the amount of $6,113 for the Foster
Grandparent Program. Upon motion the doc-
uments were received, filed, and approved.
Purchase of Service Agreement — Proudly
Accessible Dubuque: City Manager submitting
the Fiscal Year 2012 Purchase of Service
Agreement with Proudly Accessible Dubuque
in the amount of $10,000. Upon motion the
documents were received, filed, and approved.
Purchase of Service Agreement — Retired
and Senior Volunteer Program: City Manager
submitting the Fiscal Year 2012 Purchase of
Service Agreement with Retired and Senior
Volunteer Program in the amount of $7,341.
Upon motion the documents were received,
filed, and approved.
Purchase of Service Agreement — St. Mark
Community Center: City Manager submitting
the Fiscal Year 2012 Purchase of Service
Agreement with St. Mark Community Center in
the amount of $15,000. Upon motion the doc-
uments were received, filed, and approved.
Purchase of Service Agreement — Sub-
stance Abuse Services Center: City Manager
submitting the Fiscal Year 2012 Purchase of
Service Agreement with the Substance Abuse
Services Center in the amount of $14,013.
Upon motion the documents were received,
filed, and approved.
Carnegie -Stout Public Library Renovation
Project — Contract No. 9: City Manager rec-
ommending acceptance of the construction
contract for the Carnegie -Stout Public Library
Renovation Project — Contract No. 9, Plumbing
& Fire Protection Systems, as completed by
Modern Piping, Inc., in the final contract
amount of $241,328.00. Upon motion the doc-
uments were received and filed and Resolution
No. 193 -11 Accepting the Carnegie -Stout Pub-
lic Library Renovation Project — Contract No.
9, Plumbing & Fire Protection Systems, and
authorizing the payment of the contract
amount to the contractor was adopted.
RESOLUTION NO. 193 -11
ACCEPTING THE CARNEGIE -STOUT PUB-
LIC LIBRARY RENOVATION PROJECT,
CONTRACT NO. 9 — PLUMBING & FIRE
PROTECTION SYSTEMS AND AUTHORIZ-
ING THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Carnegie -Stout Public Library Renova-
tion Project, Contract No. 9 — Plumbing & Fire
Protection Systems (the Project) has been
completed and the City Engineer has exam-
ined 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), Li-
brary Renovation General Funds, Library
Fund - Raising (cash and pledges), Curtis Col-
Book 141 Regular Session, June 20, 2011 219
lection Sale, and Heade Painting Sale appro-
priations for the contract amount of
$241,328.00, less any retained percentage
provided for therein as provided in Iowa Code
Chapter 573, and to pay such retainage only in
accordance with the provisions of Iowa Code
Chapter 573.
Passed, approved and adopted this 20th
day of June, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, Acting City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE CARNEGIE -STOUT
PUBLIC LIBRARY RENOVATION PROJECT,
CONTRACT NO. 9 — PLUMBING & FIRE
PROTECTION 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. 9 — Plumbing
& Fire Protection 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
$241,328.00.
Dated this 14th day of June, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 14th
day of June, 2011.
Kevin S. Firnstahl, Acting City Clerk
2011 Manhole Replacement Project: City
Manager recommending award of the 2011
Manhole Replacement Project to Drew Cook &
Sons Excavating in the amount of $35,858.00.
Upon motion the documents were received,
filed, and approved.
2011 Storm Sewer Intake Replacement:
City Manager recommending award of the
2011 Storm Sewer Intake Replacement Pro-
ject to McDermott Excavating in the amount of
$29,916.00. Upon motion the documents were
received, filed, and approved.
Bicycle Friendly Community: City Manager
recommending that the City Council support
Tri -State Trail Vision's initiative and approve
the Bicycle Friendly Community Application to
the League of American Bicyclists for the City
of Dubuque. Upon motion the documents were
received, filed, and approved.
National manic Byways: City Manager recom-
mending approval of a National manic Byway grant
application for the Bee Branch Creek Trail. Upon mo-
tion the documents were received, filed, and approved.
State Recreation Trails: City Manager rec-
ommending approval of a grant application to
the State Recreation Trails (SRT) for the Bee
Branch Creek Trail as part of the National Mis-
sissippi River Trail (MRT) Route. Upon motion
the documents were received and filed and
Resolution No. 194 -11 Approving an applica-
tion for State Recreational Trails funding to the
IDOT for the Bee Branch Trail — MRT Route
was adopted.
RESOLUTION NO. 194 -11
APPROVING SUBMITTAL OF AN APPLICA-
TION FOR STATE RECREATIONAL TRAILS
PROGRAM FUNDING TO THE IOWA DE-
PARTMENT OF TRANSPORTATION FOR
THE BEE BRANCH TRAIL — MRT ROUTE
Whereas, the Iowa Department of Trans-
portation has announced the availability of
State Recreational Trails Program Funding for
pedestrian and bicycle facilities; and
Whereas, the City has adopted the Tri-
State Area Integrated Walking, Bicycling, and
Hiking Network Plan that identified the Bee
Branch Creek Trail as an segment of the
National Mississippi River Trail (MRT) Route
through the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor is authorized to sign
and submit this application to the Iowa De-
partment of Transportation for State Recrea-
tional Trails Program Funding for the Bee
Branch Creek Trail — MRT.
Section 2. That in the event said applica-
tion is approved, the City Council hereby pro-
vides its written assurance that the trail will be
adequately maintained for its intended public
use for a minimum of twenty (20) years follow-
ing the project.
Passed, approved and adopted this 20th
day of June 2011.
Lynn v. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, Acting City Clerk
Smart Planning Consortium: City Manager
transmitting an update from the May 17 and
June 8, 2011 Smart Planning Consortium
meetings for City Council review and comment
to the Consortium. Upon motion the docu-
ments were received and filed.
Dubuque Community School District — Pro-
fessional Services Contract City Manager
recommending approval of a Professional Ser-
vices Contract with the Dubuque Community
School District for the 21st Century Community
Learning Center After School Programs. Upon
motion the documents were received, filed,
and approved.
Iowa Risk Management Agreement: City
Manager recommending approval of the Iowa
Risk Management Agreement for the Iowa
Communities Assurance Pool. Upon motion
220 Regular Session, June 20, 2011 Book 141
the documents were received, filed, and ap-
proved.
Government Accounting Standards Board
(GASB): City Manager recommending that the
City Council delegate authority to the City
Manager, or the City's Manager's designee, to
assign general fund balance for intended pur-
poses under GASB Pronouncement 54. Upon
motion the documents were received and filed
and Resolution No. 195 -11 Approval of Dele-
gation of Authority to City Manager, Budget
Director or Finance Director to assign general
fund balance for intended purposes under the
new guidelines of Governmental Standards
Accounting Board (GASB) Pronouncement 54
was adopted.
RESOLUTION NO. 195 -11
APPROVAL OF DELEGATION OF AUTHOR-
ITY TO CITY MANAGER, BUDGET DIREC-
TOR OR FINANCE DIRECTOR TO ASSIGN
GENERAL FUND BALANCE FOR INTEND-
ED PURPOSES UNDER THE NEW GUIDE-
LINES OF GOVERNMENTAL STANDARDS
ACCOUNTING BOARD (GASB) PRO -
NOUNCEMENT 54
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBQUE, IOWA:
Section 1. Assigned fund balance de-
scribes the portion of fund balance that reflects
a government's intended use of resources.
Such intent is established at either:
• Highest level of decision making, or
• Body designated for that purpose, or
• Official designated for that purpose.
Governmental Standards Accounting
Board (GASB) Pronouncement 54 requires
that the City Council approves the officials
designated to assign fund.
Passed, approved and adopted this 20th
day of June, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, Acting City Clerk
Eide Bailly Audit Engagement Agreement
City Manager advising that the annual audit
engagement letter to Eide Bailly has been
signed and transmitting information contained
in the audit engagement letter for Fiscal Year
ending June 30, 2011. Upon motion the docu-
ments were received and filed.
Environmental Stewardship Advisory
Commission: Communication from the Envi-
ronmental Stewardship Advisory Commission
expressing support for reducing Dubuque's
greenhouse
gas emissions 50 percent from 2003 levels by
2030. Upon motion the documents were re-
ceived and filed.
Walter Development, LLC and TM, Inc.:
City Manager recommending approval of an
Assignment of Right to Purchase Property
Under Development Agreement with Walter
Development, LLC / TM, Inc., and Epic Con-
struction. Upon motion the documents were
received, filed, and approved.
Lower Bee Branch Creek Restoration Pro-
ject: City Manager recommending approval of
the execution of two change orders amending
the construction contract with Tschiggfrie Con-
struction for the Lower Bee Branch Creek Res-
toration Project to include the construction of a
hike /bike trail rest area and lighting along the
hike /bike trail. Upon motion the documents
were received, filed, and approved.
University of Wisconsin / Platteville — In-
ternship Opportunity: City Manager recom-
mending the addition of a grant- funded, paid
internship position to the Dubuque Police De-
partment. Upon motion the documents were
received, filed, and approved.
Signed Contracts: 1) City Hall Cooling Up-
grade Design Firm Recommendation; 2) Se-
cond Amendment to the Lease Agreement
between the City of Dubuque and the Dubu-
que County Elections Commission; 3) Profes-
sional Services Agreement with WHKS & Co.
for the public water main along Bies Drive; 4)
Tenth and Central Parking Ramp Change Or-
der No. 007 -PS; 5) Short Form Improvement
Contract between the City of Dubuque and
Mickey Bahr to provide landscape mainte-
nance for the Indiana Court Detention Basin.
Upon motion the documents were received
and filed.
Cigarette and Liquor License Applications:
City Manager recommending approval of ciga-
rette and liquor license applications and re-
newals as submitted. Upon motion the docu-
ments were received and filed and Resolution
No. 196 -11 Granting the issuance of 17 Ciga-
rette License Renewals to Cedar Cross Amoco
BP, Diamond Jo Casino, Hartig Drug, Kohi-
noor Grocers, Kwik Stop, Let's Roll Tobacco,
McCann's Service and the Riviera Lounge;
Resolution No. 197 -11 Granting the issuance
of a Class "B" Beer Permit (5 -Day License) to
the Dubuque Jaycees; a Class "B" Beer Permit
to Legionnaires Drum & Bugle Corps; a Class
"C" Beer Permit to TFM Co.; Pioneers Rest
Stop, LLC; and LB Metcalf, Inc.; and Resolu-
tion No. 198 -11 Granting the issuance of a
Class "C" Beer /Liquor License (5 -Day License)
to Dubuque Area Labor Management Council;
a Class "C" Beer /Liquor License to Vinny Va-
nucchi's, National Mississippi River Museum
Book 141 Regular Session, June 20, 2011 221
and Aquarium, American Legion Post #6,
Paul's Tavern, Mason Dixon Saloon, Cres-
lanes Bowling, Five Flags Center, Murph's
South End Tap, and Dubuque Bowling Lanes;
a Special Class "C" Liquor License to the Ro-
tary Club of Dubuque; and a Class "B" (WBN)
Native Wine License to the National Mississip-
pi River Museum and Aquarium and I Luv
Food were adopted.
RESOLUTION NO. 196 -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 Ciga-
rettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Ciga-
rette Papers within said City.
17 RENEWALS
Cedar Cross Amoco BP, LB Metcalf, Inc.,
1200 Cedar Cross
Diamond Jo Casino,
301 Bell St.
Hartig Drug # 2, Hartig
157 Locust St.
Hartig Drug # 3, Hartig
2255 JFK Rd.
Hartig Drug # 4, Hartig
2223 Central Ave.
Hartig Drug # 8, Hartig
1600 University Ave.
Kohinoor Grocers,
White St.
Kwik Stop,
Central Ave.
Kwik Stop,
Kerper Blvd.
Kwik Stop,
Hwy 61 So.
Kwik Stop, Rainbo
Pennsylvania Ave.
Kwik Stop, Rainbo
University Ave.
Kwik Stop, Rainbo
Twin Valley Rd.
Kwik Stop , Rainbo
Dodge St.
Let's Roll Tobacco,
Dodge St.
McCann's Service, McCann's Service, Inc.,
690 W. Locust St.
Riviera Lounge, O'Clock Industries, Inc.,
116 W. 13th St.
Passed, approved and adopted this 20th
day of June, 2011
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 197 -11
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
Diamond Jo, LLC,
Rainbo
Rainbo
Rainbo
Drug
Drug
Drug
Drug
Company,
Company,
Company,
Company,
Taheea Nishat, 1198
Oil Company, 2390
Oil Company, 2255
Oil Company, 2320
Oil Company, 4039
Oil Company, 2335
Oil Company, 2150
Oil Company, 4110
David Hayes, 3430
ined and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Beer Permit.
CLASS "B" BEER PERMIT (5 -Day License)
Dubuque Jaycees, Dubuque All That Jazz,
8th & Main St.
Dubuque Jaycees, Dubuque All That Jazz,
405 Central Ave.
CLASS "B" BEER PERMIT
Legionnaires Drum & Bugle Corps, Colts
Community Center +(Sunday Sale), 1101 Cen-
tral Ave.
CLASS "C" BEER PERMIT
TFM, Co., I Luv Food +(Sunday Sale), 535
Hill St.
Pioneers Rest Stop, LLC, Pioneers Rest
Stop +(Sunday Sale), 4900 Old Highway Rd.
LB Metcalf, Inc., 1200 Cedar Cross Rd.,
1200 Cedar Cross Rd.
Passed, approved and adopted this 20th
day of June, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 198 -11
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
nances 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(5 DAY
LICENSE)
Dubuque Area Labor Mgmt., Dubuque Are
Labor Mgmt. Council, Town Clock Plaza
222 Regular Session, June 20, 2011 Book 141
CLASS "C" BEER /LIQUOR LICENSE
Grayson Enterprises, Vinny Vanucchi's
+(Sunday Sale), 164 Main St.
Dubuque County Historical Society, Na-
tional Mississippi River Museum and Aquarium
+(Sunday Sale), 400 E. 3rd St.
Dubuque American Legion # 6, American
Legion Post # 6 +(Sunday Sale), 1306 Delhi
St.
Tom Koch, Inc., Paul's Tavern +(Sunday
Sale), 176 Locust St.
Mason Dixon, Inc., Mason Dixon Saloon
+(Sunday Sale), 163 Main St.
Creslanes Bowling, Inc., Creslanes Bowl-
ing +(Sunday Sale), 255 S. Main St.
SMG Food & Beverage LLC, Five Flags
Center +(Sunday Sale), 405 Main St.
Pamela Murphy, Murph's South End Tap,
55 Locust St.
James Ferring, Dubuque Bowling Lanes,
1029'% Main St.
SPECIAL CLASS "C" LIQUOR LICENSE
Rotary Club of Dubuque, Rotary Club of
Dubuque +(Sunday Sale), 135 W. 8th St.
CLASS "B "(WBN) NATIVE WINE LICENSE
Dubuque County Historical Society, Na-
tional Mississippi River Museum and Aquarium
+(Sunday Sale), 400 E. 3rd St.
TFM, Co., I Luv Food, 535 Hill St.
Passed, approved and adopted this 20th
day of June, 2011
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, Acting City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 6 -0.
Port of Dubuque Marina — Bid Package No
2 Amenities Building: City Manager recom-
mending the initiation of the public bidding
process for the Port of Dubuque Marina Bid
Package No. 2 — Amenities Building and that a
public hearing be set for July 5, 2011. Upon
motion the documents were received and filed
and Resolution No. 199 -11 Preliminary ap-
proval of plans, specifications, form of con-
tract, and estimated cost; setting date of public
hearing on plans, specifications, form of con-
tract, 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 July 5, 2011 in the Historic Fed-
eral Building.
RESOLUTION NO. 199 -11
PORT OF DUBUQUE MARINA PROJECT,
BID PACKAGE NO. 2 —
AMENITIES BUILDING
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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 Port of
Dubuque Marina Project, Bid Package No. 2 —
Amenities Building, in the estimated amount
$1,892,300.00, are hereby preliminarily ap-
proved and ordered filed in the office of the
City Clerk for public inspection.
A public hearing will be held on the 5th day
of July, 2011, at 6:30 p.m. in the Historic Fed-
eral Building Council Chambers at which time
interested persons may appear and be heard
for or against the proposed plans and specifi-
cations, 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 pub-
lished in a newspaper having general circula-
tion 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 con-
tract, or estimated cost of the Project.
The Port of Dubuque Marina Project, Bid
Package No. 2 — Amenities Building is hereby
ordered to be advertised for bids for construc-
tion.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements 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
before 2:00 p.m. on the 4th day of August,
2011. Bids shall be opened and read by the
City Clerk at said time and will be submitted to
the Cit? Council for final action at 6:30 p.m. on
the 15 day of August, 2011, in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 20th
Book 141 Regular Session, June 20, 2011 223
day of June, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, Acting City Clerk
Lake Ridge Economic Development Dis-
trict: City Manager recommending approval of
a Resolution of Necessity finding that the crea-
tion of a new Lake Ridge Economic Develop-
ment District is both necessary and appropri-
ate and that a public hearing be set for August
1, 2011. Upon motion the documents were
received and filed and Resolution No. 200 -11
Resolution of Necessity finding that certain
property along Lake Ridge Drive is an eco-
nomic development area and that the devel-
opment of said area is necessary in the inter-
est of the residents of the City of Dubuque,
Iowa, was adopted setting a public hearing for
a meeting to commence at 6:30 p.m. on Au-
gust 1, 2011 in the Historic Federal Building.
RESOLUTION NO. 200 -11
RESOLUTION OF NECESSITY FINDING
THAT CERTAIN PROPERTY ALONG LAKE
RIDGE DRIVE IS AN ECONOMIC DEVEL-
OPMENT AREA AND THAT THE DEVEL-
OPMENT OF SAID AREA IS NECESSARY IN
THE INTEREST OF THE RESIDENTS OF
THE CITY OF DUBUQUE, IOWA.
Whereas, the City Council has determined
that the active development of vacant property
for low- income assisted senior living is a bene-
ficial use that will enhance the City's ongoing
economic development efforts; and
Whereas, the City Council has determined
that the area described in Section 1 below
meets the definitions of an economic devel-
opment area as defined in Chapter 403 "Urban
Renewal" of the Iowa Code; and
Whereas, a significant need for low- income
assisted senior housing units exists in the
community and local resources are needed to
advance the development; 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 de-
velopment 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.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the following described ar-
ea is an economic development area as de-
fined by Chapter 403 of the Iowa Code and is
appropriate for an urban renewal project, to
wit:
Lot 2 of Lot 2 of Cedar Lake Plaza 3rd Ad-
dition in the City of Dubuque, Dubuque Coun-
ty, Iowa (hereinafter called the Lake Ridge
Economic Development District).
Section 2. That the development of the
Lake Ridge Economic Development District is
necessary and appropriate to facilitate the
proper growth and development of the com-
munity in accordance with sound planning and
local community objectives.
Section 3. That the development of this ar-
ea will provide new opportunities for quality
housing and job creation in the community.
Section 4. That the City Manager is au-
thorized and directed to prepare an Urban
Renewal Plan for the Lake Ridge Economic
Development District, to forward said Plan to
the City's Long Range Planning Commission
for review and comment and to begin the con-
sultation 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 adop-
tion of an Urban Renewal Plan for the Lake
Ridge Economic Development District to be
held on the 1st day of August, 2011, at 6:30 p.m.
in the Historic Federal Building in Dubuque,
Iowa, 350 W. 6th Street, Dubuque, Iowa and
that said notice shall generally identify the area
covered by the Plan and the general scope of
the Urban Renewal Plan activities planned for
such area.
Section 6. That the City Clerk is further di-
rected to send by ordinary mail a copy of said
Plan and notice of public hearing to the Dubu-
que Community School District, the County
Board of Supervisors and the Northeast Iowa
Community College, as the affected taxing
entities.
Passed, approved and adopted this 20th
day of June, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, Acting City Clerk
General Obligation Urban Renewal Bonds:
City Manager recommending a public hearing
be set for July 5, 2011 to consider the issu-
ance of not to exceed $1,265,000 General
Obligation Urban Renewal Bonds for Dubuque
Industrial Center West Improvements and
Downtown Improvements. Upon motion the
documents were received and filed and Reso-
lution No. 201 -11 Fixing date for a meeting on
the proposition of the issuance of not to ex-
ceed $1,265,000 General Obligation Bonds
(for urban renewal purposes) of the City of
Dubuque, Iowa, and providing for publication
of notice thereof was adopted setting a public
hearing for a meeting to commence at 6:30
p.m. on July 5, 2011 in the Historic Federal
Building.
224 Regular Session, June 20, 2011 Book 141
RESOLUTION NO. 201 -11
RESOLUTION FIXING DATE FOR A MEET-
ING ON THE PROPOSITION OF THE ISSU-
ANCE OF NOT TO EXCEED $1,265,000
GENERAL OBLIGATION BONDS (FOR UR-
BAN RENEWAL PURPOSES) OF THE CITY
OF DUBUQUE, IOWA, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and ad-
visable that the City of Dubuque, Iowa, should
issue General Obligation Bonds, to the amount
of not to exceed $1,265,000, as authorized by
Sections 403.12 and 384.24(3(q), of the City
Code of Iowa, for the purpose of providing
funds to pay costs of carrying out the urban
renewal projects as hereinafter described; and
Whereas, before the Bonds may be issued,
it is necessary to comply with the provisions of
the Code, and to publish a notice of the pro-
posal to issue such Bonds and of the time and
place of the meeting at which the Council pro-
poses to take action for the issuance of the
Bonds and to receive oral and /or written objec-
tions from any resident or property owner of
the City to such action, and the right to petition
for an election.
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,
Dubuque, Iowa, at 6:30 o'clock PM, on the 5th
day of July, 2011, for the purpose of taking
action on the matter of the issuance of not to
exceed $1,265,000 General Obligation Bonds,
for urban renewal purposes of the City, the
proceeds of which Bonds will be used to pro-
vide funds to pay costs of aiding in the plan-
ning, undertaking and carrying out of urban
renewal project activities under Chapter 403 of
the Code of Iowa and the Amended and Re-
stated Urban Renewal Plans for the Dubuque
Industrial Center West Economic Development
District and the Greater Downtown Urban Re-
newal Area, including those costs associated
with grading and road construction on the
South Siegert Farm area of DICW, and emer-
gency repairs to the Port of Dubuque Parking
Ramp and related litigation expenses.
Section 2. That the Clerk is hereby directed
to cause at least one publication to be made of
a notice of the meeting, in a legal newspaper,
printed wholly in the English language, pub-
lished at least once weekly, and having gen-
eral circulation in the City, the publication to be
not less than ten clear days before the date of
the public meeting on the issuance of the
Bonds.
Section 3. The notice of the proposed ac-
tion to issue the Bonds shall be in substantially
the following [provided].
Passed and approved this 20th day of
June, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, Acting City Clerk
General Obligation Bonds — for Essential
Corporate Purposes: City Manager recom-
mending that a public hearing be set for July 5,
2011 to consider the issuance of not to exceed
$7,035,000 General Obligation Bonds for Es-
sential Corporate Purposes. Upon motion the
documents were received and filed and Reso-
lution No. 202 -11 Fixing date for a meeting on
the proposition of the issuance of not to ex-
ceed $7,035,000 General Obligation Bonds
(for Essential Corporate Purposes) of the City
of Dubuque, State of Iowa, and providing for
publication of notice thereof was adopted set-
ting a public hearing for a meeting to com-
mence at 6:30 p.m. on July 5, 2011 in the His-
toric Federal Building.
RESOLUTION NO. 202 -11
RESOLUTION FIXING DATE FOR A MEET-
ING ON THE PROPOSITION OF THE ISSU-
ANCE OF NOT TO EXCEED $7,035,000
GENERAL OBLIGATION BONDS (FOR ES-
SENTIAL CORPORATE PURPOSES) OF
THE CITY OF DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION OF NO-
TICE THEREOF
Whereas, it is deemed necessary and ad-
visable that the City of Dubuque, Iowa, should
issue General Obligation Bonds to the amount
of not to exceed $7,035,000, as authorized by
Section 384.25, of the City Code of Iowa, for
the purpose of providing funds to pay costs of
carrying out essential corporate purpose pro-
jects as hereinafter described; and
Whereas, before the Bonds may be issued,
it is necessary to comply with the provisions of
the Code, and to publish a notice of the pro-
posal to issue such Bonds and of the time and
place of the meeting at which the Council pro-
poses to take action for the issuance of the
Bonds and to receive oral and /or written objec-
tions from any resident or property owner of
the City to such action.
NOW, THEREFORE, BE IT RESOLVED
BY THE City Council OF THE City of Dubu-
que, IOWA:
Section 1. That this Council meet in the
Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa, at 6:30 o'clock PM, on the 5th
day of July, 2011, for the purpose of taking
action on the matter of the issuance of not to
exceed $7,035,000 General Obligation Bonds,
for essential corporate purposes of the City,
the proceeds of which Bonds will be used to
provide funds to pay costs of the acquisition,
construction, reconstruction, improvement and
equipping of waterworks, water mains and
extensions, including water main and fire hy-
Book 141 Regular Session, June 20, 2011 225
drant replacements, pump station and labora-
tory improvements and well field electrical up-
grades; the construction of the Southwest Ar-
terial freeway improvements; the acquisition of
solid waste collection vehicles; the construc-
tion of the Bee Branch Creek Restoration Pro-
ject and the acquisition of real property and
right -of -way for the same; the acquisition of
flood control barriers; the construction, recon-
struction, improvement and repair of sanitary
sewer works and facilities, including the instal-
lation of forcemain and sewer main exten-
sions, the rehabilitation, reconstruction and
replacement of existing sanitary sewers, and
the acquisition, installation, replacement and
improvement of pumping stations, motors, flow
monitoring and other sanitary sewer control
equipment and facilities; and the payment of
costs associated with the stipulated civil penal-
ty and supplemental environmental project
required under the Consent Decree with fed-
eral and state authorities concerning the Water
Pollution Control Plant and sanitary sewer
system.
Section 2. To the extent any of the projects
or activities described in this resolution may be
reasonably construed to be included in more
than one classification under Division III of the
City Code of Iowa, the Council hereby elects
the "essential corporate purpose" classification
and procedure with respect to each such pro-
ject or activity, pursuant to Section 384.28 of
the City Code of Iowa. The project list pre-
pared by the Budget Director and the alloca-
tion of projects to specific hearings indicated
thereon is hereby approved.
Section 3. That the Clerk is hereby directed
to cause at least one publication to be made of
a notice of the meeting, in a legal newspaper,
printed wholly in the English language, pub-
lished at least once weekly, and having gen-
eral circulation in the City. The publication
shall be not less than four clear days nor more
than twenty days before the date of the public
meeting on the issuance of the Bonds.
Section 4. The notice of the proposed ac-
tion to issue the Bonds shall be in substantially
the [provided] form.
Passed and approved this 20th day of
June, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, Acting City Clerk
General Obligation Bonds: City Manager
recommending a public hearing be set for July
5, 2011 to consider the issuance of not to ex-
ceed $700,000 General Obligation Bonds for
various City projects. Upon motion the docu-
ments were received and filed and Resolution
No. 203 -11 Fixing date for a meeting on the
proposition of the issuance of not to exceed
$700,000 of General Obligation 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 July 5, 2011 in
the Historic Federal Building.
RESOLUTION NO. 203 -11
FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $700,000 OF GENERAL OBLI-
GATION BONDS AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa, is in
need of funds to carry out certain general cor-
porate purpose projects as hereinafter de-
scribed; and, it is deemed necessary that it
should issue general obligation bonds to the
amount of not to exceed $700,000 as author-
ized by Section 384.26(5) of the City Code of
Iowa, for the purpose of providing funds to pay
costs thereof; and
Whereas, said City has a population of
more than 5,000, but not more than 75,000,
and the amount of said proposed bond issue is
not more than $700,000; and
Whereas, before said bonds may be is-
sued, it is necessary to comply with the provi-
sions of Chapter 384 of the City Code of Iowa,
and to publish a notice of the proposal to issue
such bonds and the right to petition for an
election.
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,
Dubuque, Iowa, at 6:30 o'clock PM, on the 5th
day of July, 2011, for the purpose of taking
action on the matter of the issuance of not to
exceed $700,000 of General Obligation Bonds,
the proceeds of which bonds will be used to
provide funds to pay costs of the rehabilitation,
renovation and reconstruction of the former
18th Street Fire Engine House #1, including
the provision of construction financing to the
private developer undertaking the rehabilitation
of the same; and the re- tamping of the Iowa
Street Parking Ramp facility, and shall bear
interest at a rate not exceeding the maximum
specified in the attached notice.
Section 2. That the Clerk is hereby directed
to cause at least one publication to be made of
a notice of said meeting in a legal newspaper,
printed wholly in the English language, pub-
lished at least once weekly, and having gen-
eral circulation in said City, said publication to
be not less than ten clear days before the date
of said public meeting on the issuance of said
bonds.
Section 3. The notice of the proposed ac-
tion to issue said bonds shall be in substantial-
ly the [provided] form.
Passed and approved this 20th day of
226 Regular Session, June 20, 2011 Book 141
June, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, Acting City Clerk
BOARDS /COMMISSIONS
Applicants were invited to address the City
Council regarding their desire to serve on the
following Boards /Commissions:
Historic Preservation Commission: Two 3-
year terms through July 1, 2014: At-
Large /Architect, Langworthy and Cathedral
Historic Preservation Districts requirements
(Expiring terms of Klavitter and Wand; vacant
term of Stover). Applicants: David Klavitter,
1090 West Third Street ( Langworthy District
resident); Mitzi Krey, 423 W. 3r Street (Cathe-
dral District resident); and Christopher Wand,
942 Mt. Pleasant Street (At- Large /Architect).
Mr. Klavitter and Ms. Krey both spoke in sup-
port of their respective appointments.
Investment Oversight Advisory Commis-
sion: One 3 -year term through July 1, 2014
(Expiring term of Blocker). Applicant: Paul
Lassance, 4846 Embassy Court.
Library Board of Trustees: Two 4 -year re-
staggered terms through July 1, 2012 and July
1, 2015 (Expiring terms of Connors and Ham-
mer). Applicants: Paula Connors, 818 S.
Grandview Avenue (Recommended term of
7/1/12); David Hammer, 720 Laurel Street
(Recommended term of 7/1/15). Ms. Connors
and Mr. Hammer spoke in support of their re-
spective appointments.
Long Range Planning Advisory Commis-
sion: Two 3 -year terms through July 1, 2014
(Expiring terms of Van Iten and Vincent). Ap-
plicants: Richard Van Iten, 3273 Bittersweet
Lane; and Alan Vincent, 1010 Dunham Drive.
Mr. Van Item spoke in support of his appoint-
ment.
Park and Recreation Advisory Commis-
sion: Three 3 -year term through June 30, 2014
(Expiring term of Nadeau, vacant terms of
Blocklinger and Noble). Applicants: Chuck
Harris, 2473 Jackson Street; Kenneth Klinge,
2267 Carter Road; and Evelyn Nadeau, 663
Fenelon Place. Mr. Harris, Mr. Klinge and Ms.
Nadeau spoke in support of their respective
appointments.
TV Cable Regulatory Commission: One 3-
year term through June 30, 2014 (Expiring
term of Webster). Applicant: Walt Webster,
3509 Asbury Road.
TV Cable Community Teleprogramming
Commission: Two 3 -year terms through June
30, 2014 (Expiring terms of Maloney and Her -
rig). Applicants: George Herrig, 2395 W. 32od
Street; and Pauline Maloney, 506 St. George
Street.
Zoning Advisory Commission: Two 3 -year
terms through July 1, 2014 (Expiring Terms of
Christ and Henschel). Applicants: Thomas
Henschel, 6630 Wellington Lane; and Martha
Christ, 88 Princeton Place. Mr. Henschel and
Ms. Christ spoke in support of their respective
appointments.
Appointments to the following commission:
Human Rights Commission: Two 3 -year
terms through January 1, 2013 (vacant terms
of Apel and Sutton). Applicants: Regine Ron -
ek, 2282 White Street; and Judie Root, 364 Hill
Street. Motion by Lynch to appoint Regine
Roneck and Judie Root to 3 -year terms on the
Human Rights Commission through January 1,
2013.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
Request to Rezone — 3051 Brunskill Road;
Proof of publication on notice of public hearing
to consider a request from Darlene Leibold
Trust / Tom Rauen, Rauen Properties, to re-
zone property located at 3051 Brunskill Road
from R -1 Single - Family Residential District to
C -3 General Commercial District and the Zon-
ing Advisory Commission recommending de-
nial.
Communication from co- applicant Tom
Rauen withdrawing the request.
Communications and petition from William
Herrig, 2855 Brunskill Road, in opposition to
the request.
Motion by Jones to receive and file the
documents and concur with the denial. Se-
conded by Braig. Dave Sheehan, Sheehan
Real Estate, 455 Oxford Street, East Dubuque,
spoke in support of the rezoning on behalf of
co- applicant Thomas Leibold and for going
forward on the project. Brunskill Road property
owners Kay Wagner, Joan Herrig, and Larry
Kretz spoke in opposition to the rezoning.
Planning Services Manager Laura Carstens
provided a staff report. Motion to concur with
the denial carried 6 -0.
Request to Rezone — 1987 Washington
Street: Proof of Publication on notice of public
hearing to consider a request from Dan Wolff
to rezone property located at 1987 Washington
Street from C -2 Neighborhood Shopping Cen-
ter District to C -4 Downtown Commercial Dis-
trict and the Zoning Advisory Commission rec-
ommending approval. Motion by Jones to re-
ceive and file the documents and that the re-
quirement that a proposed ordinance be con-
sidered 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. Developer Dan Wolf, 3234 Arrowwood
Book 141 Regular Session, June 20, 2011 227
Lane, spoke in support of the rezoning. Plan-
ning Services Manager Laura Carstens pro-
vided a staff report. Motion carried 6 -0.
Motion by Jones for final consideration and
passage of Ordinance No. 34 -11 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by reclas-
sifying thereinafter described property located
at 1987 Washington Street from C -2 Neigh-
borhood Shopping Center District to C -4
Downtown Commercial District. Seconded by
Braig. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 34 -11
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 1987 WASHING-
TON STREET FROM C -2 NEIGHBORHOOD
SHOPPING CENTER DISTRICT TO C-4
DOWNTOWN COMMERCIAL 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 Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter described property from
C -2 Neighborhood Shopping Central District to
C -4 Downtown Commercial District, to wit: Lot
8 of Mineral Lot 100 and North 17 feet of Lot 7
of Mineral Lot 100, 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 Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. This Ordinance shall take effect
upon publications, as provided by law.
Passed, approved and adopted this 20th of
June, 2011.
/s/Lynn Sutton, Mayor Pro -Tem
Attest: /s /Kevin S. Firnstahl, Acting City Clerk
Published officially in the Telegraph Herald
Newspaper the 2ir day of June, 2011.
/s /Kevin S. Firnstahl, Acting City Clerk
Request to Rezone — 3087 Central Ave-
nue: Proof of Publication on notice of public
hearing to consider a request from Jeff and
Mindy Stiles to rezone property at 3087 Cen-
tral Avenue from R -3 Moderate Density Multi -
Family Residential District to R -4 Multi - Family
Residential District and the Zoning Advisory
Commission recommending approval.
Communication from Planning Services
Manager Laura Carstens advising that 59.8%
of the adjacent property owners within 200 feet
of the rezoning are in opposition; therefore, a
super- majority vote of the City Council is nec-
essary to approve the rezoning request.
Citizen communications and petitions from
Ervin and Linda Auderer and Michael Brennan
in opposition to the proposed rezoning.
Citizen communications and petitions from
Suzanne Morales and Jim Schwalb in support
of the proposed rezoning.
City Manager transmitting information con-
cerning an inspection regarding the number of
dwelling units at 3087 Central Avenue.
Motion by Braig to receive and file the doc-
uments and consider the first reading of a pro-
posed ordinance amending Title 16 of the City
of Dubuque Code of Ordinances, Unified De-
velopment Code, by reclassifying hereinafter
described property located at 3087 Central
Avenue from R -3 Moderate Density Multi -
Family Residential District to R -4 Multi - Family
Residential District. Seconded by Lynch. Ap-
plicant Jeff Stiles spoke in support of the re-
zoning. Planning Services Laura Carstens
provided a staff report. Greater Dubuque De-
velopment Executive Director Rick Dickinson,
300 Main Street; property owner John Herrig,
13750 Surrey Lane; and Don Lochner, 1473
Central Avenue, spoke in support of the rezon-
ing. Property owners Craig Hartzell, 3030 Cen-
tral Avenue; Ery Auderer, 3117 Central Ave-
nue; Dorothy Eisbach, 3084 Central Avenue;
and Jim Barton, 3044 11th Street, spoke in
opposition to the request. Motion for first read-
ing carried 6 -0.
Planned Residential District Amendment —
2763 University Avenue: Proof of publication
on notice of public hearing to consider a re-
quest by Tom Kluck to amend the Planned
Residential District to permit a two -story com-
mon building with three apartments on the
second story at property located at 2763 Uni-
versity Avenue and the Zoning Advisory
Commission recommending approval.
Communications from Gus Hammer and
Bruce and Annabelle Schaal in opposition to
the proposed amendment.
After conclusion of the Commission meet-
ing, the applicant contacted the Planning Ser-
vices Department regarding a request to re-
duce the setback from 25 feet to 20 feet on the
north side property line. A super majority is
needed for the City Council to approve the 20-
foot setback.
Restated motion by Connors to receive
and file the documents and remand the re-
quest to the Zoning Advisory Commission for
review of new information and for resubmis-
sion to the public hearing process. Seconded
by Braig. Planning Services Manager Laura
Carstens provided a staff report. Developer
Tom Kluck, 2499 LaVista Court, spoke in sup-
port of the amendment and provided new plan
228 Regular Session, June 20, 2011 Book 141
information. Property owners Jeff Hammer,
2759 Beverly Street; and Bruce Schaal, 2765
Beverly Street, spoke in opposition to the
amendment. Motion to remand carried 6 -0.
Vacating Petition — University of Dubuque:
Proof of publication on notice of public hearing
to consider a request from the University of
Dubuque to vacate a portion of unimproved
public alley west of Algona Street between
West Third Street and Bennett Street and the
City Manager recommending approval. Motion
by Braig to receive and file the documents and
adopt Resolution No. 204 -11 Approving plat of
proposed vacated portion of a public alley west
of Algona Street between West Third Street
and Bennett Street in the City of Dubuque,
Iowa; and Resolution No. 205 -11 Disposing of
City interest in lot 3A of Bennett Street Subdi-
vision, in the City of Dubuque, Iowa. Director
of Construction Management for the University
of Dubuque Keith Wipperfurth spoke in support
of the request. Motion carried 6 -0.
RESOLUTION NO. 204 -11
APPROVING PLAT OF PROPOSED VA-
CATED PORTION OF A PUBLIC ALLEY
WEST OF ALGONA STREET BETWEEN
WEST THIRD STREET AND BENNETT
STREET IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, a
plat dated June 1, 2011, prepared by WHKS &
Co. describing the proposed vacated portion of
a public alley west of Algona Street between
West Third Street and Bennett Street to be
known as Lot 3A of Bennett Street Subdivision
in the City of Dubuque, Dubuque County, Io-
wa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated June 1,
2011, prepared by WHKS & Co., relative to the
real estate hereinabove described be and the
same is hereby approved, and the Mayor and
City Clerk be and they are hereby authorized
and directed to execute said plat for and on
behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves
unto itself a perpetual easement including the
right of ingress and egress thereto, for the
purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating,
and maintaining water, sewer, drainage, gas,
telephone, television cable, fiber optics, and
electric lines as may be authorized by the City
of Dubuque, Iowa, over and across Lot 3A of
Bennett Street Subdivision.
Section 3. That the City Clerk be and is
hereby authorized and directed to file said plat
and certified copy of this resolution in the office
of the Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this 20th
day of June, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 205 -11
DISPOSING OF CITY INTEREST IN LOT 3A
OF BENNETT STREET SUBDIVISION, IN
THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to resolution and pub-
lished notice of time and place of hearing, pub-
lished in the Telegraph Herald, a newspaper of
general circulation published in the City of
Dubuque, Iowa on this 10th day of June, 2011,
the City Council of the City of Dubuque, Iowa
met on the 20th day of June, 2011, at 6:30 p.m.
in the Historic Federal Building, Council
Chambers (second floor), 350 West 6th Street,
Dubuque, Iowa, to consider the proposal for
the sale of real estate described as: Lot 3A of
Bennett Street Subdivision in the City of
Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objec-
tions, oral or written to the proposal to sell
such real estate, except for easement as not-
ed.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque
real property described as Lot 3A of Bennett
Street Subdivision in the City of Dubuque, Io-
wa to the University of Dubuque be and the
same is hereby approved for the sum of
$9,900.00, plus cost of publication, platting
and filing fees. Conveyance shall be by Quit
Claim Deed.
Section 2. The City of Dubuque reserves
unto itself a perpetual easement including the
right of ingress and egress thereto, for the
purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating,
and maintaining water, sewer, drainage, gas,
telephone, television cable, fiber optics, and
electric lines as may be authorized by the City
of Dubuque, Iowa, over and across Lot 3A of
Bennett Street Subdivision.
Section 3. That the University of Dubuque
provide an ingress and egress easement to
Rosemary T. Lehr from Bennett Street right -of-
way to the north line of Lot 6 of Bennett Street
Subdivision in the City of Dubuque, Iowa.
Section 4. That the Mayor be authorized
and directed to execute a Quit Claim Deed,
and the City Clerk be and is hereby authorized
and directed to deliver said deed of convey-
ance to the University of Dubuque upon re-
Book 141 Regular Session, June 20, 2011 229
ceipt of the purchase price in full.
Section 5. That the City Clerk be and is
hereby authorized and directed to record a
certified copy of this resolution in the offices of
the City Assessor, Dubuque County Recorder
and Dubuque County Auditor.
Passed, approved and adopted this 20th
day of June, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, Acting City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
Central Avenue Reconstruction Update:
City Manager to provide an update on the
City's activities to assist the Central Avenue
businesses during the street reconstruction.
City Engineer Gus Psihoyos provided an oral
report on the City's efforts to alleviate issues
raised by business owners within the construc-
tion zone. Motion by Jones to receive and file
the information. Seconded by Braig. Psihoyos
stated that additional detour and specialty
signs have been placed on Central Avenue
and side streets that indicate directions to
businesses, appropriate travel routes and al-
lowable parking. Regular meetings are sched-
uled with City staff and affected property own-
ers each Wednesday at 3:00 p.m. at the
Comiskey Park Recreational Center. Psihoyos
indicated which portions of Central Avenue are
being opened and when and that he is meeting
with the contractors to discuss ways to expe-
dite the project. Public Information Officer
Randy Gehl presented a public service video
that is being played on City Channel 8 regard-
ing the project and businesses within the con-
struction zone. Additionally, he stated that pub-
lic service announcements are being played
on local radio stations and a flyer is being dis-
tributed with the utility bills beginning in June.
Motion carried 6 -0.
Land Donation — Timber -Hyrst Subdivision:
City Manager recommending acceptance of
Lot 2 of Timber -Hyrst Estates Subdivision for a
mini park as donated by Marty McNamer. Mo-
tion by Braig to receive and file the documents
and approve the recommendation. Seconded
by Lynch. Motion carried 6 -0.
Fiscal Year 2012 Solid Waste Collection
Monthly Based Fee: City Manager recom-
mending that the monthly refuse collection rate
be reduced from $11.09 per month to $10.72
per month beginning July 1, 2011. Motion by
Jones to receive and file the documents and
that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Braig. Motion carried 6-
0. No motion for final consideration was of-
fered. (See special meeting of June 27, 2011)
PUBLIC INPUT
Ken Nelson, 1625 Rhomberg; Bruce
Krolick, 3110 Jackson Street; Sam Stumpf,
5165 Valley Forge, Asbury; Joel Halpert, 706
Lincoln Avenue; Pat Nelson, 2412 Central
Avenue; Walter Anthony Patrick Scott, 607 W.
8th Street; and John LuGrain, 1414 '/% Lincoln
Avenue, all spoke in opposition to the in-
creased enforcement of the City's noise ordi-
nance by Dubuque police with regard to mo-
torcycle mufflers stating that they believe the
Police Department is singling out motorcycles
for citations and profiling bikers. Police Chief
Mark Dalsing provided information on the
styles of motorcycle mufflers and the depart-
ment's training and enforcement practices.
There being no further business, upon mo-
tion the City Council adjourned at 9:05 p.m.
/s/Kevin S. Firnstahl
Acting City Clerk
230 Special Session, June 27, 2011 Book 141
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in special
session at 5:00 p.m. on June 27 in Conference
Room B at City Hall, 50 W. 13th Street.
Present: Mayor Buol, Council Members,
Braig, Connors, Jones, Lynch, Resnick, City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Sutton
Mayor Buol read the call and stated this is a
special session of the City Council to act upon
such business that may properly come before
the City Council.
ACTION ITEM
Fiscal Year 2012 Solid Waste Collection
Monthly Based Fee: City Manager recom-
mending that the monthly refuse collection rate
be reduced from $11.09 per month to $10.72
per month beginning July 1, 2011 and approv-
ing the agreement for the processing and mar-
keting of recyclables between the City of
Dubuque, Dubuque Metropolitan Area Solid
Waste Agency and Dittmer Recycling, Inc.
Motion by Connors to receive and file the doc-
uments and approve the agreement with
Dittmer Recycling. Seconded by Braig. Motion
carried 6 -0.
Motion by Connors to receive and file the
documents and that the requirement that a
proposed ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be passed be
suspended. Seconded by Jones. Motion car-
ried 6 -0.
Motion by Connors for final consideration
and passage of Ordinance No. 35 -11 Amend-
ing City of Dubuque Code of Ordinances Title
13 Public Utilities, Chapter 6 Solid Waste, Arti-
cle A City or Private Collection Service, Sec-
tion 13 -6A -6 Rates and Charges Established;
Exceptions. Seconded by Jones. Motion car-
ried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 35 -11
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 13 PUBLIC UTILITIES,
CHAPTER 6 SOLID WASTE, ARTICLE A
CITY OR PRIVATE COLLECTION SERVICE,
SECTION 13 -6A -6 RATES AND CHARGES
ESTABLISHED; EXCEPTIONS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 13 -6A -6 of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
13 -6A -6: RATES AND CHARGES ESTAB-
LISHED; EXCEPTIONS:
A. Class I Premises: Except as qualified
below, a fee of ten dollars seventy -
two cents ($10.72) per dwelling unit
per month shall be paid to the city by
the property owner of each class I
premises for such services. Said fee
shall be in payment for collection and
disposal of one 35- gallon can or one
35- gallon trash bag of "solid waste"
as defined in this chapter. There is no
limit on the number of bins allowed to
be collected containing acceptable
"recyclable materials" as defined in
this chapter. Exceptions to the collec-
tion charges for class I premises are
as follows:
1. When a class I premises has
been vacant for a period not less
than three (3) consecutive
months, the owner may apply to
the city manager for a credit un-
der procedures to be established
by the city manager. Such credit
shall continue only so long as the
class I premises is vacant.
2. Class I premises when the head
of the household is sixty five (65)
years of age or older and has an
annual income equal to or less
than the income standards used
by HUD for its "section 8 housing
program" for one and two (2)
person households may, upon
application to the city manager,
be exempted from one -half (/2)
the established collection charge.
After the initial application, annu-
al application shall be made by
the head of household on July 1
of each year to verify annual in-
come and eligibility.
3. In cases of extreme financial
hardship, the city manager may,
and is hereby authorized and
empowered to, make adjust-
ments in the monthly collection
charges as the city manager may
deem appropriate. In such cases,
the city manager shall have the
authority to require such proof of
vacancy, financial status, age or
extreme hardship, as the city
manager may deem necessary.
4. Class I premises when a family
household of five (5) or more
persons has an annual income
Book 141 Special Session, June 27, 2011 231
equal to or less than the income
standards used by HUD for its
"section 8 housing program" for
the size of that household may,
upon application to the city man-
ager, be exempted from one -half
(1/2) the established collection
charge. After the initial applica-
tion, annual application shall be
made by the head of household
on July 1 of each year to verify
annual income and eligibility.
B. Class II Premises:
1. A fee of ten dollars seventy -two
cents ($10.72) per month shall
be paid to the city by the property
owner of each class 11 premises
for such services. Said fee shall
be in payment for collection and
disposal of one 35- gallon can or
one 35- gallon trash bag of "solid
waste as defined. There is no
limit on the number of bins al-
lowed to be collected containing
acceptable 'recyclable materials"
as defined.
2. The owner of a class 11 premises
served by the city solid waste
collection may provide the city
manager with not less than four-
teen (14) days' written notice of
intent to terminate the service.
Such termination of service shall
be effective at the beginning of
the next billing period after such
fourteen (14) day notice period.
C. Class III Premises:
1. A fee of ten dollars seventy -two
cents ($10.72) per month shall
be paid to the city by the property
owner of each class III premises
for such services. Said fee shall
be in payment for collection and
disposal of one 35- gallon can or
one 35- gallon trash bag of "solid
waste as defined. There is no
limit on the number of bins al-
lowed to be collected containing
acceptable 'recyclable materials"
as defined.
2. The owner of a class III premises
served by city solid waste collec-
tion may provide the city manag-
er with not less than fourteen
(14) days' written notice of intent
to terminate the service. Such
termination of service shall be ef-
fective at the beginning of the
next billing period after such four-
teen (14) day notice period.
D. Unit Based Pricing: Collection options
and charges under unit based pricing
for class 1, 11 and III premises are as
follows: (Ord. 15 -09, 3 -9 -2009, eff. 7-
1 -2009)
1. A yearly subscription for weekly
collection of an additional stand-
ard solid waste container, or con-
tainers, may be subscribed for an
additional five dollars sixty cents
($5.60) each per month. The
subscription ends each year on
June 30. A subscription may not
be canceled before June 30.
2. A three (3) month subscription
for weekly collection of an addi-
tional standard solid waste con-
tainer, or containers, may be
subscribed for an additional five
dollars sixty cents ($5.60) each
per month. The four (4) subscrip-
tion periods are: a) July, August
and September; b) October, No-
vember and December; c) Janu-
ary, February and March; and d)
April, May and June. A subscrip-
tion may not be canceled.
3. Oversize, nonstandard rigid solid
waste containers of up to fifty
(50) gallons in capacity may be
subscribed as the one container
covered under the base monthly
solid waste fee for an additional
two dollars thirty cents ($2.30)
per month. Such containers shall
be holders for standard trash
bags for manual removal by city
crews, shall not contain any
loose material, and shall not be
lifted and dumped by crews. In-
dividual trash bags held in the
oversized container shall weigh
no more than forty (40) pounds.
4. A yearly subscription for weekly
collection of an additional over-
sized solid waste container, or
containers, may be subscribed
for an additional eight dollars
($8.00) each per month. The
subscription ends each year on
June 30. A subscription may not
be canceled before June 30.
5. A three (3) month subscription
for weekly collection of an addi-
tional oversize solid waste con-
tainer, or containers, may be
subscribed for an additional eight
dollars ($8.00) each per month.
The four (4) subscription periods
are: a) July, August and Sep-
tember; b) October, November
and December; c) January, Feb-
ruary and March; and d) April,
232 Special Session,
June 27, 2011 Book 141
May and June. A subscription
may not be canceled.
6. Solid waste carts, owned by the
city for semiautomated lifting,
may be subscribed by owners
and /or property managers of
class 1, 11 and III premises. The
customer shall choose the num-
ber and size of the cart. The fee
for a sixty five (65) gallon city
cart shall be twenty one ($21.00)
each per month. The fee for a
ninety five (95) gallon city cart
shall be thirty dollars ($30.00)
each per month.
7. Official city of Dubuque single
use stickers costing one dollar
thirty cents ($1.30) shall be ap-
plied to each additional standard
solid waste container or small
bulky or bundled item in excess
of the one standard solid waste
container collected under the
base monthly solid waste fee or
any additional subscribed con -
tainer(s).
8. Multiple - family dwellings of three
(3), four (4), five (5), and six (6)
dwelling units as well as class 11
or class III premises sharing a
common set out location with
other city solid waste customers
shall only use approved rigid sol-
id waste containers with perma-
nent identification as to the spe-
cific premises. However, for the
two (2) weeks following Christ-
mas, excess solid waste may be
set out in trash bags with applied
city of Dubuque single use stick-
ers. (Ord. 21 -06, 3 -2 -2006, eff. 7-
1 -2006)
9. In alleys where solid waste carts,
owned by the city for semiauto-
mated lifting, are required to be
subscribed by owners, tenants
and /or property managers of
class 1, 11, and III premises where
the approved set out location is
in an alley. The customer shall
choose the number and size of
the cart(s). Such carts shall be
subscribed according to a fee
schedule and program require-
ments as approved by the city
manager. (Ord. 15 -09, 3 -9 -2009,
eff. 7 -1 -2009)
E. Special Collection: The charge for a
special collection service for large
and bulky rubbish to each dwelling
unit receiving such service when re-
quested by the owner shall be as fol-
lows:
1. A fee of eight dollars ($8.00)
shall be paid by the owner for
each time the service is provided
for up to the equivalent of three
(3) cubic yards of solid waste.
2. An additional fee of eight dollars
($8.00) shall be paid for each
additional three (3) cubic yards of
solid waste.
3. An additional fee for tires, equal
to the disposal fees charged at
the Dubuque metro landfill, shall
be paid to the city by the owner
for each tire.
4. An additional fee of twelve dol-
lars fifty cents ($12.50) shall be
paid to the city by the owner for
each appliance collected in the
service.
5. An additional fee of ten dollars
($10.00) shall be paid to the city
by the owner for each collection
requested by the owner to be
scheduled for service on a day
not receiving weekly collection at
the service address.
6. An additional fee of ten dollars
($10.00) shall be paid to the city
by the owner for each collection
requested by the owner to be
scheduled for immediate service
or whenever crews are sent back
to the service address to collect
items that were not properly set
out on time as previously sched-
uled. (Ord. 21 -06, 3 -2 -2006, eff.
7 -1- 2006).
Section 2. This Ordinance shall take effect
on the 1st day of July, 2011.
Passed, approved and adopted this 27th of
June, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, Acting City Clerk
Published officially in the Telegraph Herald
Newspaper the 30th day of June, 2011.
/s /Kevin S. Firnstahl, Acting City Clerk
There being no further business, upon mo-
tion the City Council adjourned at 5:03 p.m.
/s/Kevin S. Firnstahl
Acting City Clerk
Book 141 Special Session, July 5, 2011 233
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special
session at 5:00 p.m. on July 5, 2011 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members,
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton, City Manager Van Milligen, City Attorney
Lindahl (joined at 5:11 p.m.)
Mayor Buol read the call and stated this is
a special session of the City Council to con-
duct a work session on the Greenhouse Gas
Emissions Reduction Plan.
WORK SESSION
GREENHOUSE GAS EMISSIONS
REDUCTION PLAN
Jason Schatz and Jason Hensen of Green
Dubuque provided a slide presentation on re-
ducing greenhouse gas emissions by 50 per-
cent by the year 2030. Topics included:
• Goals: engage with climate
change, feasibility /test of target,
demonstrate feasibility of target,
planning process
• Community Involvement
• Community support through local
businesses, Facebook, word of
mouth, speaker events
• Website:
wvwv.dubuqueghg plan .org
• Public service announcements
• Community workshops
• Private sector support
Key Partners: Greater Dubuque Develop-
ment Corps, Dubuque 2.0, Innovations Con-
sortium, Sustainable Dubuque, University of
Iowa Students
Feasibility Study and Executive Summary
Local opportunity and Impact
Responding to questions from the City
Council, Mr. Schatz and Mr. Hensen discussed
the potential for assistance with staffing needs
and stated that they envisioned initial start up
of the plan and then providing periodic review
within a few years. They added that the plan is
voluntary and is a measureable continuation of
existing programs without regulation or man-
dating. They requested that the City Council
consider adopting a resolution of support for
reducing greenhouse gas emissions and initi-
ate the planning process at a future meeting.
There being no further business, upon mo-
tion, the City Council adjourned at 5:53 p.m.
/s/Kevin S. Firnstahl
Acting City Clerk
234 Regular Session, July 5, 2011 Book 141
CITY OF DUBUQUE, IOWA
OFFICIAL
CITY COUNCIL
PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular
session at 6:30 p.m. on July 5, 2011 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members,
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton, City Manager Van Milligen, City Attorney
Lindahl
Mayor Buol read the call and stated that
this is a regular session of the City Council to
act upon such business that may properly
come before the Council.
Pledge of Allegiance
Invocation was provided by Pastor Peter
Marshall of Dubuque Bible Church.
PRESENTATIONS
Transit Manager Barbara Morck presented
the Most Improved Transit System 2010 award
from the Iowa Department of Transportation
and the Award of Excellence for the Highest
Percentage Decrease in Cost Per Ride from
the Federal Transit Administration.
Mayor Buol and former Mayor Walt Pregler
reported on the recent USS Dubuque decom-
missioning ceremony that they attended in San
Diego. Mayor Buol presented the City with the
ship's last flag, which will be displayed along
with the ship's bell when it arrives.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Ronald
(Ken) Nelson, 1624 Rhomberg Avenue, re-
quested ( #3) Citizen Communication be held
for separate discussion. Motion carried 7 -0.
Minutes and Reports Submitted: Arts and
Cultural Affairs Advisory Commission of 5/24;
City Council Proceedings of 6/20 and 6/27;
Transit Advisory Board of 6/9
Proof of Publication for City Council Pro-
ceedings for Meeting of June 6, 2011
Official Proceedings of the City Council for
Calendar Year 2010
Upon motion the documents were received
and filed.
Notice of Claims/Suits: Camille Blackburn
for vehicle damage; Geraldine Hayes for prop-
erty damage; Elizabeth Kabelis for vehicle
damage; Mike and Cindy Paradiso for property
damage; Jeff Powers for vehicle damage;
State Farm Insurance on behalf of Shawn Tro-
ester and Miriah Roath for vehicle damage.
Upon motion the documents were received,
filed and referred to the City Attorney.
City Attorney advising that the following
claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Com-
munities Assurance Pool: Ed Biederman for
vehicle damage; Patrick Donavan for property
and vehicle damage; Elizabeth Kabelis for
vehicle damage; Trista Kuhl for property dam-
age; Mike and Cindy Paradiso for property
damage; Jeff Powers for vehicle damage;
Wanda Schaller for personal injury. Upon mo-
tion the documents were received, filed and
concurred.
Citizen Communication: Communication
from Ronald Kenneth Nelson stating that he
believes police officers are unjustly citing mo-
torcyclists and that the City consider using
setting specific decibel readings regarding
noise limits as they relate to the City's noise
ordinance. Motion by Connors to receive and
file the information and refer to the City Man-
ager. Seconded by Jones. Ronald (Ken) Nel-
son, 1624 Rhomberg Avenue, read a prepared
statement which expressed his belief that the
Police Department is unfairly enforcing the
noise ordinance as it relates to motorcycle
mufflers. Motion carried 7 -0.
Fiscal Year 2012 Community Development
Block Grant (CDBG) Agreement: City Manager
recommending authorization of a Community
Development Block Grant (CDBG) agreement
with the U.S. Department of Housing and Ur-
ban Development (HUD) in the amount of
$1,126,998 for the program year beginning
July 1, 2011 and ending June 30, 2012. Upon
motion the documents were received and filed
and Resolution No. 206 -11 Authorizing execu-
tion of a Community Development Block Grant
Agreement with the U.S. Department of Hous-
ing and Urban Development was adopted.
RESOLUTION NO. 206 -11
AUTHORIZING EXECUTION OF A COMMU-
NITY DEVELOPMENT BLOCK GRANT
AGREEMENT WITH THE U.S. DEPART-
MENT OF HOUSING AND URBAN DEVEL-
OPMENT
Whereas, under provisions of Title I of
Housing and Community Development Act of
1974, as amended, the City of Dubuque pre-
Book 141 Regular Session, July 5, 2011 235
pared and submitted an Annual Action Plan for
a Community Development Block Grant; and
Whereas, the submission has been ap-
proved by the U.S. Department of Housing and
Urban Development in the amount of
$1,126,998 for a twelve month program year
commencing July 1, 2011 and ending June 30,
2012; and
Whereas, a grant agreement covering the
activities proposed to be carried out with the
Community Development Block 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 Approv-
al /Agreement, authorized by the U.S. Depart-
ment of Housing and Urban Development be-
ginning July 1, 2011 for a Community Devel-
opment Block Grant to the City of Dubuque in
the amount of $1,126,998 and identified as
Grant Number B- 11 -MC -19 -0004 is hereby
accepted.
Section 2. That the Mayor of the City of
Dubuque be and he is hereby authorized and
directed to execute said Agreement on behalf
of the City of Dubuque, Iowa.
Passed, approved and adopted this 5th day
of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Iowa 32 Geometric and Signalization Im-
provements — US 20 to John F. Kennedy
Road: City Manager recommending ac-
ceptance of the Iowa 32 Geometric and Sig -
nalization Improvements — US 20 to John F.
Kennedy Road project as completed by
Porten Construction, Inc., in the final contract
amount of $669,133,27. Upon motion the doc-
uments were received and filed and Resolution
No. 207 -11 Accepting the IA 32 Geometric and
Signalization Improvements Project, U.S. 20 to
John F. Kennedy Road (Iowa DOT Project No.
STP -A -32- 1(29)-- 86 -31), and authorizing the
payment of the contract amount to the contrac-
tor was adopted.
RESOLUTION NO. 207 -11
ACCEPTING THE IA 32 GEOMETRIC AND
SIGNALIZATION IMPROVEMENTS PRO-
JECT, US 20 TO JOHN F. KENNEDY ROAD
(IOWA DOT PROJECT NO. STP-A-32- 1(29) --
86-31) AND AUTHORIZING THE PAYMENT
OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract
for the IA 32 Geometric and Signalization Im-
provements Project, US 20 to John F. Kenne-
dy Road (Iowa DOT Project No. STP -A -32-
1(29)-- 86 -31) (the Project) has been complet-
ed and the City Engineer has examined the
work and filed a certificate stating that the Pro-
ject 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 ICAAP
funding, Northwest Arterial Capacity Improve-
ments, and Traffic Consultant Services appro-
priations for the contract amount of
$669,133.27 less any retained percentage
provided for therein as provided in Iowa Code
Chapter 573, and to pay such retainage only in
accordance with the provisions of Iowa Code
Chapter 573.
Passed, approved and adopted this 5th day
of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE IA 32 GEOMETRIC
AND SIGNALIZATION IMPROVEMENTS
PROJECT, US 20 TO JOHN F. KENNEDY
ROAD (IOWA DOT PROJECT NO. STP -A -32-
1(29)-- 86 -31)
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the IA 32 Geometric and Signaliza-
tion Improvements Project, US 20 to John F.
Kennedy Road (Iowa DOT Project No. STP -A-
32- 1(29)-- 86 -31), 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
$788,791.21.
Dated this 29th day of June, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 29th
day of June, 2011.
Kevin S. Firnstahl, Acting City Clerk
Quibby, LLC — Housing Enterprise Zone
Program: City Manager recommending ap-
proval of a Housing Enterprise Zone Program
Agreement by and among the Iowa Depart-
ment of Economic Development, the City of
Dubuque, and Quibby, LLC for redevelopment
of property located at 1132 and 1134 Locust
Street. Upon motion the documents were re-
ceived and filed and Resolution No. 208 -11
Approving a Housing Enterprise Zone Program
agreement by and among the Iowa Depart-
ment of Economic Development, the City of
236 Regular Session, July 5, 2011 Book 141
Dubuque and Quibby, LLC was adopted.
RESOLUTION NO. 208 -11
APPROVING A HOUSING ENTERPRISE
ZONE PROGRAM AGREEMENT BY AND
AMONG THE IOWA DEPARTMENT OF
ECONOMIC DEVELOPMENT, THE CITY OF
DUBUQUE AND QUIBBY, LLC
Whereas, the City of Dubuque has estab-
lished two Enterprise Zones and an Enterprise
Zone Commission; and
Whereas, the Enterprise Zone Commission
on April 8, 2011 approved the application of
Quibby, LLC. for Housing Enterprise Zone
benefits; and
Whereas, Quibby, LLC's application was
approved by the Iowa Department of Econom-
ic Development on May 22, 2011; and
Whereas, the Iowa Department of Eco-
nomic Development has prepared and submit-
ted for City Council approval an agreement
relating to Housing Enterprise Zone benefits
for Quibby, LLC a copy of which is attached
hereto and by this reference made a part
hereof; and
Whereas, the City Council finds that the
proposed agreement is acceptable and neces-
sary to the growth and development of the city.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of
Economic Development Housing Enterprise
Zone Program Agreement, Number 11 -HEZ-
047, is hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Agree-
ment on behalf of the City of Dubuque and
forward the executed copy to the Iowa De-
partment of Economic Development for their
approval.
Passed, approved and adopted this 5th day
of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
DuRide — Fiscal Year 2012 Agreement
City Manager recommending approval of an
agreement with DuRide for Fiscal Year 2012
(July 1, 2011 to June 30, 2012) providing for
transportation services to seniors in and
around Dubuque and East Dubuque. Upon
motion the documents were received, filed,
and approved.
Plat of Survey — Bee Branch Subdivision
No. 1: City Manager recommending approval
of the Plat of Survey for Lot 1 and Lot 2 of Bee
Branch Subdivision No. 1, (2300 Washington
Street), which will allow the homes at 320 and
324 East 24th Street to be moved onto the new
lots. Upon motion the documents were re-
ceived and filed and Resolution No. 209 -11
Approving Plat of Survey of Lot 1 and Lot 2 of
Bee Branch Subdivision No. 1 in the City of
Dubuque, Dubuque County, Iowa, was adopt-
ed.
RESOLUTION NO. 209 -11
APPROVING PLAT OF SURVEY OF LOT 1
AND LOT 2 OF BEE BRANCH SUBDIVISION
NO. 1 IN THE CITY OF DUBUQUE, DUBU-
QUE COUNTY, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, a
plat dated the 14th day of June, 2011, prepared
by Buesing & Associates describing the subdi-
vision of Lot 1 of the Middle 60 feet of Lot 104
of L.H. Langworthy's Addition to be hereinafter
known as Lot 1 and Lot 2 of Bee Branch Sub-
division No. 1 in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 14th day
of June, 2011, prepared by Buesing & Associ-
ates relative to the real estate hereinabove
described be and the same is hereby ap-
proved, and the Mayor and City Clerk be and
they are hereby authorized and directed to
execute said plat for and on behalf of the City
of Dubuque, Iowa.
Section 2. That the City Clerk be and is
hereby authorized and directed to file said plat
and certified copy of this resolution in the office
of the Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this 5th day
of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Workers' Compensation Excess Insurance
Renewal: City Manager recommending Safety
National as the City's excess workers' com-
pensation carrier effective July 1, 2011 through
June 30, 2012, and further recommending
approval of the renewal rate of $.138 per $100
of payroll submitted by Safety National. Upon
motion the documents were received, filed,
and approved.
2011 CarrruniyE vebpmentBbckGrantRarrplrslai
loon: City Manager raroirrrendhg anerd of the 2011 Car -
rrunty Cevdopirat Bock Grant (C 8G) Aocps Rarp
Insalkmn Prcrt b Skyire Truckhg & Shxage, Inc., in tie
amxrt of $30,767.00 for the mart of twantyone (21)
auz�s
imp, atva ias bcdicnswilhh the Qty. Upon motion
thedcrun cnlswere raosired, fled, and appm✓ed.
Book 141 Regular Session, July 5, 2011 237
2010 Community Fluoridation Reaffirma-
tion Award: City Manager transmitting a com-
munication from the Iowa Department of
Health (IDPH) congratulating the City on re-
ceiving the 2010 Community Fluoridation Re-
affirmation Award from the Association of
State and Territorial Dental Directors
(ASTDD), the American Dental Association
(ADA), and the Centers for Disease Control
and Prevention (CDC). Upon motion the doc-
uments were received and filed.
Mediacom: Communication from Lee
Grassley, Senior Manager for Government
Relations, Mediacom Communications Corpo-
ration, informing the City of cable television
programming changes. Upon motion the doc-
ument was received and filed.
State Historical Society of Iowa (SHSI):
City Manager transmitting a press release from
the State Historical Society of Iowa (SHSI)
announcing that the Hotel Julien is the recipi-
ent of the SHSI's William J. Wagner Award for
recognition of a historic preservation project
which best exemplified the use of the U.S.
Secretary of the Interior's Standards for Reha-
bilitation of Historic Buildings. Upon motion the
document was received and filed.
Sustainable Dubuque Project Status Re-
port: City Manager transmitting the Sustaina-
ble Dubuque Project Status Report for the
month of June 2011. Upon motion the docu-
ments were received and filed.
Signed Contracts: 1) Contract with Digital
Designs for the layout, production and installa-
tion of the new Jule logos and advertising on
City bus exteriors; 2) Change Order #PS -08
with J.P. Cullen & Sons, Inc., for the landscap-
ing related to the 10th and Central parking
ramp project. Upon motion the documents
were received and filed.
Liquor License Transfer: Application of the
Rotary Club of Dubuque to transfer their liquor
license from 135 W. 8th Street to the Alliant
Amphitheater, Port of Dubuque, on July 30,
2011 for the Rock and Soul Reunion. Upon
motion the documents were received, filed,
and approved.
Business License Applications: City Man-
ager recommending approval of annual liquor
license and cigarette permit renewals as sub-
mitted. Upon motion the documents were re-
ceived and filed and Resolution No. 210 -11
Granting the issuance of a Class "C"
Beer /Liquor License to Applebee's Neighbor-
hood Bar /Grill; Adobo's Mexican Grill; Off Mi-
nor, Rondavoo, Easy Street; a Special Class
"C" Liquor License to Bell Tower Productions;
a Special Class "C" Liquor License to Irish
Hooley; and a Class "WBN" Native Wine Per-
mit to Hancock House Bed and Breakfast Inn;
Resolution No. 211 -11 Granting the issuance
of a Class "B" Beer Permit (5 -Day License) to
Dubuque All That Jazz (August/September);
and Resolution No. 212 -11 Granting the issu-
ance of a Cigarette Permit to Eagle Country
Market, Hammerheads Bar & Billiards, Lucky
13, Mystique Casino, and the Walnut Tap were
adopted.
RESOLUTION NO. 210 -11
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
nances 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
Apple Corps, Inc., Applebee's Neighbor's
Bar /Grill +(Sunday Sale), 1395 Associates Dr.
J & A Restaurants, LLC, Adobo's Mexican
Grill +(Sunday Sale), 756 Main St.
Rick Worcester, Off Minor +(Sunday Sale),
920 Main St.
RAL Investment Co., LLC, Rondavoo
+(Sunday Sale), 1850 Central Ave.
Easy Street, LLC, Easy Street (Outdoor
Sale), 30 Main St.
SPECIAL CLASS "C" LIQUOR
Bell Tower Productions, Bell Tower Pro-
ductions +(Sunday Sale), 2728 Asbury Rd.
SPECIAL CLASS "C" LIQUOR
(5 -DAY LICENSE)
Dubuqueland Irish, Inc., Irish Hooley, Al-
liant Amphitheater
CLASS "WBN" NATIVE WINE
Susan Huntley, Hancock House Bed and
Breakfast Inn, 1105 Grove Terrace
Passed, approved and adopted this 5th day
of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
238 Regular Session, July 5, 2011 Book 141
RESOLUTION NO. 211 -11
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
ined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Beer Permit.
CLASS "B" BEER PERMIT (5 -Day License)
Dubuque Jaycees, Dubuque All That Jazz
- August, 8th & Main St.
Dubuque Jaycees, Dubuque All That Jazz
- August, 405 Main St.
Dubuque Jaycees, Dubuque All That Jazz
- September, 8th & Main St.
Dubuque Jaycees, Dubuque All That Jazz
- September , 405 Main St.
Passed, approved and adopted this 5th day
of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 212 -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 Ciga-
rettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Ciga-
rette Papers within said City.
5 RENEWALS
Eagle Country Market, Downtown Eagle,
Inc., 1800 Elm St.
Hammerheads Bar & Billiards, Hammer-
heads, Inc, 2095 Kerper Blvd.
Lucky 13 , David Erickson, 385 E. 13th St.
Mystique Casino, Dubuque Racing Associ-
ation, 1855 Greyhound Park Dr.
Walnut Tap, Craig J. Weiner, 709 Universi-
ty Ave.
Passed, approved and adopted this 5th day
of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
ITEM TO BE SET FOR PUBLIC HEARING
Motion by Jones to receive and file the
documents, set the public hearing as indicat-
ed, and direct the City Clerk to publish notice
as prescribed by law. Seconded by Braig. Mo-
tion carried 7 -0.
Redistricting Plan for City Wards and Pre-
cincts: City Manager recommending that a
public hearing be set for July 18, 2011 for re-
view and approval of the new Ward and Pre-
cinct Redistricting maps. Upon motion the
documents were received and filed setting a
public hearing for a meeting to commence at
6:30 p.m. on July 18, 2011 in the Historic Fed-
eral Building.
BOARDS /COMMISSIONS
Applicants were invited to address the City
Council regarding their desire to serve on the
following Boards /Commissions:
Human Rights Commission: One 3 -year
term through January 1, 2013 (Vacant term of
Davis). Applicant: Nickie Blume, 2523 Wash-
ington Street.
Transit Advisory Board: Three 3 -year terms
through July 30, 2014 (expiring terms of
Enderson, Lightcap, and Stewart). Applicants:
George Enderson, 511 St. George Street; Joel
Lightcap, 1985 Alta Vista Street; and R.R.S.
Stewart, 460 Summit Street.
Appointments were made to the following
commissions:
Historic Preservation Commission: Three
3 -year terms through July 1, 2014, At-
Large /Architect, Langworthy, Old Main and
Cathedral Historic Preservation Districts re-
quirements, (Expiring terms of Klavitter, Rapp
and Wand; One 3 -year term through July 1,
2012 (Vacant term of Stover). Applicants: Da-
vid Klavitter, 1090 West Third Street (Langwor-
thy District resident); Mitzi Krey, 423 W. 3rd
Street. (Cathedral District resident); Joseph
Rapp, 27 Locust Street (Additional Applicant)
(Old Main District Interim); and Christopher
Wand, 942 Mt. Pleasant Street (At-
Large /Architect). Upon roll call vote David
Klavitter, Mitzi Krey, and Christopher Wand
were appointed to the Historic Preservation
Commission for 3 -year terms through July 1,
2014. Motion by Connors to appoint Joseph
Rapp to the Historic Preservation Commission
for a 3 -year term through July 1, 2012. Se-
conded by Braig. Motion carried 7 -0.
Investment Oversight Advisory Commis-
sion: One 3 -year term through July 1, 2014
(Expiring term of Blocker). Applicant: Paul
Lassance, 4846 Embassy Court. Motion by
Braig to appoint Paul Lassance to the Invest-
ment Oversight Advisory Commission for a 3-
year term through July 1, 2014. Seconded by
Resnick. Motion carried 7 -0.
Library Board of Trustees (Mayor Appoint-
ment): Four 4 -year, re- staggered terms: two
terms through July 1, 2012 and two terms
through July 1, 2015 (Expiring terms of Con-
nors and Hammer; and expiring /vacant terms
Book 141 Regular Session, July 5, 2011 239
of Leeper and Smith). Applicants: Paula Con-
nors, 818 S. Grandview Avenue; David Ham-
mer, 720 Laurel Street; John Anderson -
Bricker, 903 Merz Street (Additional Applicant);
David Cochran, 1200 Glen Oak Street (Addi-
tional Applicant); Jenny Leigh Harris, 3560
Pennsylvania Avenue, #7 (Additional Appli-
cant). Upon Council concurrence, Mayor Buol
appointed John Anderson - Bricker and Paula
Connors to the Library Board of Trustees for 4-
year terms through July 1, 2012; and David
Hammer and Jenny Leigh Harris to 4 -year
terms through July 1, 2015.
Long Range Planning Advisory Commis-
sion: Two 3 -year terms through July 1, 2014
(Expiring terms of Van Iten and Vincent). Ap-
plicants: Richard Van Iten, 3273 Bittersweet
Lane; and Alan Vincent, 1010 Dunham Drive.
Motion by Braig to appoint Richard Van Item
and Alan Vincent to the Long Range Planning
Advisory Commission for 3 -year terms through
July 1, 2014. Seconded by Jones. Motion car-
ried 7 -0.
Park and Recreation Advisory Commis-
sion: Three 3 -year terms through June 30,
2014 (Expiring term of Nadeau, vacant terms
of Blocklinger and Noble). Applicants: Chuck
Harris, 2473 Jackson Street; Kenneth Klinge,
2267 Carter Road; Evelyn Nadeau, 663 Fe-
nelon Place. Motion by Connors to appoint
Chuck Harris, Kenneth Klinge, and Evelyn
Nadeau to the Park and Recreation Commis-
sion for 3 -year terms through June 30, 2014.
Seconded by Braig. Motion carried 7 -0.
TV Cable Regulatory Commission: Two 3-
year term through June 30, 2014 (Expiring
terms of Tigges and Webster). Applicants: Ron
Tigges, 4927 Wild Flower Drive (Additional
Applicant); and Walt Webster, 3509 Asbury
Road. Motion by Lynch to appoint Ron Tigges
and Walt Webster to the TV Cable Regulatory
Commission for 3 -year terms through June 30,
2014. Seconded by Connors. Motion carried 7-
0.
TV Cable Community Teleprogramming
Commission: Three 3 -year terms through June
30, 2014 (Expiring terms of Herrig, Hoverman,
and Maloney). Applicants: George Herrig,
2395 W. 32od Street; Sr. Carol Hoverman,
1555 White Street (Additional applicant); and
Pauline Maloney, 506 St. George Street. Mo-
tion by Jones to appoint George Herrig, Sr.
Carol Hoverman, and Pauline Maloney to the
TV Cable Community Teleprogramming
Commission for 3 -year terms through June 30,
2014. Seconded by Braig. Motion carried 7 -0.
Zoning Advisory Commission: Three 3-
year terms through July 1, 2014 (Expiring
Terms of Christ, Henschel and Smith)/ Appli-
cants. Martha Christ, 88 Princeton Place; Eu-
gene Bird, Jr., 3357 Arrowwood Lane (Addi-
tional applicant); Thomas Henschel, 6630 Wel-
lington Lane; and Ron Smith, 1640 Justin Lane
(Additional applicant). Upon roll call vote, Mar-
tha Christ, Thomas Henschel, and Ron Smith
were appointed to the Zoning Advisory Com-
mission for 3 -year terms through July 1, 2014.
PUBLIC HEARINGS
Dubuque Industrial Center — Planned Unit
Development District (Tabled on December
20, 2010): City Manager requesting that this
item be tabled to July 3, 2012. Proof of publi-
cation on notice of hearing to consider a re-
quest from the City of Dubuque/ Dubuque Ini-
tiatives to amend the Planned Unit Develop-
ment (PUD) for the Dubuque Industrial Center,
located on Chavenelle Road and the North-
west Arterial, to change the designation of
property from open space to commercial and
Zoning Advisory Commission recommending
approval, with conditions. Motion by Connors
to remove from the table. Seconded by Braig.
Motion carried 7 -0.
(Resnick left the meeting at 7:01 p.m.)
Motion by Connors to receive and file the
documents and table to July 3, 2012. Second-
ed by Lynch. Motion carried 6 -0.
Upon motion the rules were suspended, al-
lowing anyone present to address the City
Council.
Port of Dubuque Marina — Bid Package No
2 Amenities Building: Proof of publication on
notice of public hearing to consider the plans,
specifications, form of contact and estimated
cost of $1,982,300 for the Port of Dubuque
Marina Bid Package No. 2 — Amenities Build-
ing and the City Manager recommending ap-
proval. Motion by Lynch to receive and file the
documents and adopt Resolution No. 213 -11
Approval of plans, specifications, form of con-
tract, and estimated cost for the Port of Dubu-
que Marina Project, Bid Package No. 2 —
Amenities Building & Site Work. Seconded by
Jones. Motion carried 6 -0.
RESOLUTION NO. 213 -11
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE PORT OF DUBUQUE MA-
RINA PROJECT, BID PACKAGE NO. 2 —
AMENITIES BUILDING & SITE WORK
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
Port of Dubuque Marina Project, Bid Package
No. 2 — Amenities Building & Site Work, in the
estimated amount $1,892,300.00, are hereby
approved.
240 Regular Session, July 5, 2011 Book 141
Passed, adopted and approved this 5th day
of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
General Obligation Urban Renewal Bonds:
Proof of publication on notice of public hearing
to consider the issuance of not to exceed
$1,265,000 General Obligation Urban Renewal
Bonds for Dubuque Industrial Center West
Improvements and Downtown Improvements
and the City Manager recommending approv-
al. Motion by Connors to receive and file the
documents and adopt Resolution No. 214 -11
Instituting proceedings to take additional action
for the issuance of not to exceed $1,265,000
General Obligation Bonds. Seconded by
Jones. Motion carried 6 -0.
RESOLUTION NO. 214 -11
RESOLUTION INSTITUTING PROCEEDINGS
TO TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED $1,265,000
GENERAL OBLIGATION BONDS
Whereas, pursuant to notice published as
required by law, this Council has held a public
meeting and hearing upon the proposal to in-
stitute proceedings for the issuance of not to
exceed $1,265,000 General Obligation Bonds,
for purposes of paying costs of aiding in the
planning, undertaking and carrying out of ur-
ban renewal project activities under Chapter
403 of the Code of Iowa and the Amended and
Restated Urban Renewal Plans for the Dubu-
que Industrial Center West Economic Devel-
opment District and the Greater Downtown
Urban Renewal Area, including those costs
associated with grading and road construction
on the South Siegert Farm area of DICW, and
emergency repairs to the Port of Dubuque
Parking Ramp and related litigation expenses,
and no petition was filed calling for a referen-
dum thereon, and has considered the extent of
objections received from residents or property
owners as to the proposed issuance of bonds;
and, accordingly the following action is now
considered to be in the best interests of the
City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED
BY THE City Council OF THE City of Dubu-
que, IOWA:
Section 1. That this Council does hereby
institute proceedings and take additional action
for the sale and issuance in the manner re-
quired by law of not to exceed $1,265,000
General Obligation Bonds for the foregoing
urban renewal purposes.
Passed and adopted this 5th day of July,
2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl Acting City Clerk
General Obligation Bonds — Essential Cor-
porate Purposes: Proof of publication on notice
of public hearing to consider the issuance of
not to exceed $7,035,000 General Obligation
Bonds for Essential Corporate Purposes and
the City Manager recommending approval.
Motion by Lynch to receive and file the docu-
ments and adopt Resolution No. 215 -11 Insti-
tuting proceedings to take additional action for
the issuance of not to exceed $7,035,000
General Obligation Bonds. Seconded by
Jones. Motion carried 6 -0.
RESOLUTION NO. 215 -11
RESOLUTION INSTITUTING PROCEEDINGS
TO TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED $7,035,000
GENERAL OBLIGATION BONDS
Whereas, pursuant to notice published as
required by law, this Council has held a public
meeting and hearing upon the proposal to in-
stitute proceedings for the issuance of not to
exceed $7,035,000 General Obligation Bonds,
for essential corporate purposes of paying
costs of the acquisition, construction, recon-
struction, improvement and equipping of wa-
terworks, water mains and extensions, includ-
ing water main and fire hydrant replacements,
pump station and laboratory improvements
and well field electrical upgrades; the construc-
tion of the Southwest Arterial freeway im-
provements; the acquisition of solid waste col-
lection vehicles; the construction of the Bee
Branch Creek Restoration Project and the ac-
quisition of real property and right -of -way for
the same; the acquisition of flood control barri-
ers; the construction, reconstruction, improve-
ment and repair of sanitary sewer works and
facilities, including the installation of forcemain
and sewer main extensions, the rehabilitation,
reconstruction and replacement of existing
sanitary sewers, and the acquisition, installa-
tion, replacement and improvement of pump-
ing stations, motors, flow monitoring and other
sanitary sewer control equipment and facilities;
and the payment of costs associated with the
stipulated civil penalty and supplemental envi-
ronmental project required under the Consent
Decree with federal and state authorities con-
cerning the Water Pollution Control Plant and
sanitary sewer system, and has considered
the extent of objections received from resi-
dents or property owners as to the proposed
issuance of Bonds; and, accordingly the fol-
lowing action is now considered to be in the
best interests of the City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby
institute proceedings and take additional action
for the sale and issuance in the manner re-
Book 141 Regular Session, July 5, 2011 241
quired by law of not to exceed $7,035,000
General Obligation Bonds for the foregoing
essential corporate purposes.
Passed and adopted this 5th day of July,
2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl Acting City Clerk
General Obligation Bonds — Nonessential
Corporate Purposes: Proof of publication on
notice of public hearing to consider the issu-
ance of not to exceed $700,000 General Obli-
gation Bonds for nonessential corporate pur-
poses and the City Manager recommending
approval. Motion by Connors to receive and
file the documents and adopt Resolution No.
216 -11 Instituting proceedings to take addi-
tional action for the authorization and issuance
of not to exceed $700,000 General Obligation
Bonds. Seconded by Braig. Motion carried 6 -0.
RESOLUTION NO. 216 -11
RESOLUTION INSTITUTING PROCEEDINGS
TO TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION AND ISSUANCE OF NOT
TO EXCEED $700,000 GENERAL OBLIGA-
TION BONDS
Whereas, pursuant to notice published as
required by law, the City Council has held a
public meeting and hearing upon the proposal
to institute proceedings for the issuance of not
to exceed $700,000 General Obligation Bonds,
for general corporate purposes, in order to
provide funds to pay costs of the rehabilitation,
renovation and reconstruction of the former
18th Street Fire Engine House #1, including
the provision of construction financing to the
private developer undertaking the rehabilitation
of the same; and the re- tamping of the Iowa
Street Parking Ramp facility, and no petition
was filed calling for a referendum thereon. The
following action is now considered to be in the
best interests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby
institute proceedings and take additional action
for the authorization and issuance in the man-
ner required by law of not to exceed $700,000
General Obligation Bonds for the foregoing
general corporate purposes.
Passed and approved this 5th day of July,
2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
Request to Rezone — 3087 Central Avenue
- Second Reading (First Reading on June 20,
2011): Consideration of a request from Jeff
and Mindy Stiles to rezone property at 3087
Central Avenue from R -3 Moderate Density
Multi - Family Residential District to R -4 Multi -
Family Residential District and the Zoning Ad-
visory Commission. Motion by Jones to re-
ceive and file the documents and consider the
second reading of a proposed ordinance
amending Title 16 of the City of Dubuque
Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described
property located at 3087 Central Avenue from
R -3 Moderate Density Multi - Family Residential
District to R -4 Multi - Family Residential District.
Seconded by Connors. Responding to ques-
tions from the City Council, Assistant Planner
Kyle Kritz stated that the recent need for hous-
ing has caused a slight increase in similar re-
quests to rezone to a higher density classifica-
tion adding that denial would not change the
current number of units or zoning. Motion
failed 4 -2 with Braig and Buol voting nay. (Su-
per majority required due to the percentage of
opposing adjacent property owners)
Retail Plastic Bags: City Manager recom-
mending a strategy to reduce the use of sin-
gle -use plastic checkout bags by 90 percent in
Dubuque by July 1, 2017. Motion by Connors
to receive and file the documents and approve
the recommendation. Seconded by Lynch.
Responding to questions from the City Coun-
cil, Public Health Specialist Mary Rose Corri-
gan stated that there is a concern with cross
contamination with recycling bags and that
vendors have a way of compressing and
weighing bags to obtain a measurable count of
recycled bags. Jones reiterated that this plan
does not propose a ban on retail plastic bags.
Motion carried 6 -0.
Kaufmann Avenue Hot Mix Asphalt (HMA)
Resurfacing Project: City Manager recom-
mending award of the Kaufmann Avenue HMA
Resurfacing Project (John F. Kennedy Road to
Carter Road), to Top Grade Excavating, Inc.,
in the amount of $517,601.34, subject to the
Iowa Department of Transportation concur-
rence. Motion by Braig to receive and file the
documents and adopt Resolution No. 217 -11
Awarding public improvement contract for the
Kaufmann Avenue HMA Resurfacing Project
(John F. Kennedy Road to Carter Road), Iowa
DOT Project No. STP -U -2100 (662)-- 70 -31.
Seconded by Jones. Motion carried 6 -0.
242 Regular Session, July 5, 2011 Book 141
RESOLUTION NO. 217 -11
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE KAUFMANN AVENUE
HMA RESURFACING PROJECT (JOHN F.
KENNEDY ROAD TO CARTER ROAD), 10-
WA DOT PROJECT NO. STP -U -2100 (662) --
70-31
Whereas, sealed proposals have been
submitted by contractors for the Kaufmann
Avenue HMA Resurfacing Project (John F.
Kennedy Road to Carter Road), Iowa DOT
Project No. STP -U -2100 (662)- -70 -31 (the
Project) pursuant to Resolution No. 167 -11
and Notice to Bidders published in a newspa-
per published in the City of Dubuque, Iowa on
the 16th day of May, 2011; and
Whereas, said sealed proposals were
opened and read by the Iowa Department of
Transportation on the 21st day of June, 2011,
and it has been determined that Top Grade
Excavating, Inc. of Epworth, Iowa with a bid in
the amount of $517,601.34, is the lowest re-
sponsive, responsible bidder for the Project.
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, Top Grade Ex-
cavating, Inc. subject to the concurrence by
Iowa Department of Transportation (Iowa
DOT), and the City Manager is hereby directed
to execute a Public Improvement Contract on
behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 5th day
of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Fiscal Year 2012 Special Project Arts and
Cultural Affairs Program: Arts and Cultural
Affairs Advisory Commission recommending
approval of the Fiscal Year 2012 Arts and Cul-
tural Grant Program for Special Projects and
authorization for the City Manager to sign the
grant agreements. Motion by Connors to re-
ceive and file the documents and approve the
recommendation. Seconded by Jones. Motion
carried 6 -0.
Federal Emergency Management Agency
(FEMA): City Manager transmitting an update
on the adoption of the City's new Digital Flood
Insurance Rate Maps (DFIRM) as approved by
the Federal Emergency Management Agency
(FEMA), which become effective October 18,
2011. Motion by Lynch to receive and file the
documents. Seconded by Connors. Motion
carried 6 -0.
Urban Forest Evaluation Study: City Man-
ager recommending acceptance of the 2011
Urban Forest Evaluation Study prepared by
Confluence and directing staff to prepare a
comprehensive tree management plan and
stand -alone tree policy. Motion by Jones to
receive and file the documents and approve
the recommendation. Seconded by Braig. Mo-
tion carried 6 -0.
Water and Resource Recovery Center:
City Manager recommending approval to ne-
gotiate a contract with Nutriject Systems, Inc.,
of Hudson, Iowa, for bio- solids management at
the Water and Resource Recovery Center.
Motion by Connors to received and file the
documents and approve the recommendation.
Seconded by Jones. Motion carried 6 -0.
COUNCIL MEMBER REPORTS
Mayor Buol thanked everyone involved
with the July 3 fireworks display and com-
mended the Dubuque Jaycees and Radio
Dubuque for their work.
CLOSED SESSION
Motion by Jones to enter into closed ses-
sion at 8:04 p.m. regarding pending litigation
and property acquisition pursuant to Chapter
21.5(1)(c)(j) Code of Iowa. Seconded by
Lynch. Motion carried 6 -0.
Upon motion the City Council reconvened
in open session at 8:30 p.m. stating that staff
had been given proper direction.
There being no further business, upon mo-
tion the City Council adjourned at 8:31 p.m.
/s/Kevin S. Firnstahl
Acting City Clerk
Book 141 Special Session, July 18, 2011 243
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special
session at 5:00 p.m. on July 18, 2011 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members,
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton, City Manager Van Milligen, City Attorney
Lindahl
Mayor Buol read the call and stated this is
a special session of the City Council to con-
duct a work session on the Quarterly Sustain-
able Dubuque Update.
WORK SESSION
QUARTERLY SUSTAINABLE DUBUQUE
UPDATE
Sustainability Coordinator Cori Burbach pro-
vided a brief overview of the work session and
introduced Eric Dregne of Dubuque 2.0, Rick
Dickinson of Greater Dubuque Development
Corp., and David Lyons of IBM. Topics includ-
ed:
1. Sustainable Dubuque Update: so-
cial /cultural vibrancy
a) green buildings, healthy lo-
cal foods, community
knowledge, reasonable mo-
bility, and green industry
b) Dubuqueworks workforce in-
itiative
• connecting talent to
opportunity
• AccessDubu-
quejJobs.com
• CEO Network
• cleaning up the im-
age of the "dirty
job"
• battling local brain
drain
• building bridges to
employment
• one -stop concierge
service
• recruit, relocate, re-
tain
2. Smarter, Sustainable Dubuque
a) Water Study complete; ex-
tension /expansion oppor-
tunity
b)
c)
d)
e)
smarter natural gas
smarter travel
smarter health
smarter electricity
• Smarter Electricity
Pilot study - intent,
implementation ,
and training
• accessing the en-
ergy portal and
demonstration
• Smarter Sustaina-
ble Dubuque Help
Desk -
563.590.6111
3. Sustainable Dubuque Indicators (SDI)
project — Dubuque 2.0
a) indicators and indicator
measurement for the 11 sus -
tainability principles
b) renewable energy asset
mapping
c) portrait of poverty in Dubu-
que
d) local foods in local institu-
tions
e) design of Green and Health
Homes Program
There being no further business, upon mo-
tion the City Council adjourned at 6:03 p.m.
/s/Kevin S. Firnstahl
Acting City Clerk
244 Regular Session, July 18, 2011 Book 141
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular
session at 6:30 p.m. on July 18, 2011 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members,
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton, City Manager Van Milligen, City Attorney
Lindahl
Pledge of Allegiance
Invocation was provided by Chaplain Dave
Pacholke of Finley Hospital.
PROCLAMATIONS
Fair Week (July 26 -31, 2011) was accept-
ed by Dubuque County Fair General Manager
Jamie Blum; Bank on Dubuque Month (July
2011) was accepted by Eric Dregne, Vice
President of Programs, Community Founda-
tion of Greater Dubuque.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Larry
McDermott, 14407 Hwy 20 W., requested ( #7)
Wild Rose Estate be held for separate discus-
sion. Motion carried 7 -0.
Minutes and Reports Submitted: Cable
Community Teleprogramming Commission of
6/7; City Council proceedings of 7/5 and 7/6;
Civil Service Commission of 6/1; Historic
Preservation Commission of 6/16; Long Range
Planning Advisory Commission of 6/15; Zoning
Advisory Board of 7/6; Zoning Board of Ad-
justment of 6/23
Proofs of Publication for City Council pro-
ceedings of June 20 and 27; List of Claims and
Summary of Revenues for Month Ended May
31, 2011
Upon motion the documents were received
and filed.
Notice of Claims/Suits: Amy Feipel for
property damage; Mark Jennings for vehicle
damage; Daniel Konichek for vehicle damage;
Janet Romberg 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 Com-
munities Assurance Pool: Amy Feipel for
property damage; Daniel Konichek for vehicle
damage; Geraldine Hayes for property dam-
age; Janet Romberg for property damage.
Upon motion the documents were received,
filed, and concurred.
Dubuque Jaycees — Fireworks Display:
Communication from Tom Parsley, General
Manager for Radio Dubuque, requesting per-
mission to display fireworks on behalf of Radio
Dubuque and the Dubuque Jaycees on July 3,
2012, with a rain date of July 4, 2012. Upon
motion the documents were received, filed,
and approved.
University of Dubuque — Fireworks Display:
Communication from Security Officer Ross
Salwolke on behalf of the University of Dubu-
que requesting permission to display fireworks
at Chalmers Field on September 20, 2011 at
approximately 10:25 p.m. for the Under the
Lights football game. Upon motion the docu-
ments were received, filed, and approved.
Friends of the Mines of Spain: City Manger
transmitting a communication from Mines of
Spain Park Ranger Wayne Buchholtz inform-
ing the City that the Friends of the Mines of
Spain has received the Excellence in Interpre-
tation award from the National Association of
Interpreters. Upon motion the documents were
received and filed.
Environmental Excellence Award: City
Manager transmitting a press release an-
nouncing that the City of Dubuque is one of 20
Iowa organizations and businesses which will
receive the Environmental Excellence award
from Governor Terry E. Branstad. Upon motion
the documents were received and filed.
Wild Rose Estates: Communication from
Ken Kress on behalf of WMK Investment
Properties requesting assistance with issues
pertaining to the Final Plat for Wild Rose Es-
tates on Middle Road.
City Manager transmitting information in
response to a communication received from
the developer of Wild Rose Estates residential
development on Middle Road in Dubuque
County, just outside the City of Dubuque city
limits.
Developer Larry McDermott, 14407, Hwy
20 W. stated that he believes the lack of speed
enforcement along Middle Road is delaying
the placement of access to the Wild Rose
subdivision and preventing the approval of the
final plat. Motion by Connors to receive and file
Book 141 Regular Session, July 18, 2011 245
the documents and refer to the City Manager.
Seconded by Braig. Motion carried 7 -0.
Civil Service Commission: Civil Service
Commission submitting the certified lists for
the positions of Laborer and Parking System
Technician. Upon motion the documents were
received and filed and made a Matter of Rec-
ord.
June 1, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Laborer was administered April 27, 2011.
We hereby certify that the individuals listed
below have passed this written examination
and the vacancy for this position should be
made from this list and that this list is good for
two (2) years from above date.
LABORER
1. Reid Boevers
2. Jesse Begle
3. Michael Asche
4. Richard Bogosian
5. Michael Conner
6. Rick Dougherty
7. Shaun Gilligan
8. Thomas Pinzger
9. William Gansen
10. Dave Hanson
11. Nicholas Jaeger
12. Cary Kloft
13. Daniel Mayne
14. Jerry Powers
15. Scott Prohaska
16. Thomas Voss
17. David Crabbt
18. Jason DeMaio
19. Steven Dunne
20. Jerry McAuliffe
21. Todd O'Dell
22. Anthony Quatrochi
23. Albert Stuart Jr.
24. Charles Thomas
25. Douglas Brosier
26. Von Fulenwider
27. Eric Pike
28. Kevin Pike
29. Daniel Rannals
30. Kevin Reed
31. Andrew Then
32. Nicholas Wilson
33. Michelle Wisnefski
34. Leo Birch
35. Mason Birch
36. Joseph Burns
37. Curt Callahan
38. James Calvert
39. Cody Decker
40. Greg Griffin
41. John Hennings
42. John Kaufman
43. Curt Kiessling
44. Steven Kleinschrodt
45. Brian Mettille
46. John Michalson
47. Kenneth Miller
48. James Ramsey
49. Tom Splinter
50. Jay Valentine
51. David Young
Respectfully submitted,
Daniel White
Jim Schilling
Betty Takes,
Civil Service Commission
May 5, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Parking System Technician was adminis-
tered on April 20, 2011. We hereby certify that
the individuals listed below have passed this
written examination and the vacancy for this
position should be made from this list and that
this list is good for two (2) years from above
date.
PARKING SYSTEM TECHNICIAN
1. Daniel Schumacher
2. Daniel Heins
3. Steven Gerardy
4. Dusty Brown
5. Jesse Jansen
6. David Fitzgerald
7. David Pregler
8. Kenneth Ridgon
9. Dave Hanson
10. Gerald Casey
11. David Wilson
12. Jay Merfeld
13. Charles Thomas
14. Nicholas Jaeger
15. Greg Griffin
16. Charles DeMaio
Respectfully submitted,
Daniel White
Jim Schilling
Betty Takes,
Civil Service Commission
PEG Capital Expenditure Grant Requests:
City Manager recommending approval of the
246 Regular Session, July 18, 2011 Book 141
Cable TV Teleprogramming Commission's
recommendation for funding from the Public,
Educational, and Government (PEG) Capital
Grant for Access Equipment and Facilities for
a request from the Dubuque Community
School District for up to $3,000 for equipment
and software upgrades to enable them to
properly use their automation system to pro-
duce and operate a regular program schedule
for their educational access channel and a
request from Loras College for up to $2,000 for
a software upgrade for the operation of the
shared educational access channel and six on-
camera lights for their field production camer-
as. Upon motion the documents were re-
ceived, filed, and approved.
Bee Branch Creek Restoration Project —
Purchase of Property: City Manager recom-
mending the purchase of property on Maple
Street owned by G &S Real Estate 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. 235 -11 approving the ac-
quisition of real estate owned by G &S Real
Estate in the City of Dubuque was adopted.
RESOLUTION NO. 235 -11
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY G &S REAL ESTATE 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 recom-
mended in the 2001 "Drainage Basin Master
Plan;" and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled 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 legal-
ly described property: Lot 288 East Dubuque
Addition No. 2 in the City of Dubuque, Dubu-
que County, Iowa, at the cost of Sixty -Nine
Thousand Nine Hundred Fifty Dollars
($69,950.00).
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
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 is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this
18th day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Delinquent Snow and Ice Removal and
Garbage Collection Accounts: City Manager
recommending approval to certify snow and
ice removal charges to the Dubuque County
Treasurer in order to establish real property
liens for collection of such charges. Upon mo-
tion the documents were received and filed
and Resolution No. 218 -11 Authorizing the
City to collect delinquent snow and ice removal
and garbage collection charges in accordance
with Title 6 -6 -3C2o; Title 6 -6 -4B3 & Title 6 -6B
of the Code of Ordinances of the City of Dubu-
que, Iowa was adopted.
RESOLUTION NO.218 -11
AUTHORIZING THE CITY TO COLLECT DE-
LINQUENT SNOW AND ICE REMOVAL AND
GARBAGE COLLECTION CHARGES IN
ACCORDANCE WITH TITLE 6 -6 -3C2o; TI-
TLE 6-6-4B3 & TITLE 6 -6B OF THE CODE
OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, residential properties in the City
of Dubuque are considered substandard if any
conditions exist to an extent that endanger life,
limb, health, property, safety or welfare of the
public or the occupants thereof; and
Whereas, whenever in the judgment of the
Housing Officer, a nuisance that is "palpably
and indisputably such" exists which requires
immediate action to protect the public health,
safety or welfare of the public, the Housing
Officer may order the emergency abatement of
such; and
Whereas, delinquent snow and ice removal
and garbage collection charges shall be certi-
fied by the City Clerk to the Dubuque County
Treasurer for collection with, and in the same
manner as general property taxes.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the persons hereinafter,
owning the properties thereby set forth, are
delinquent in the payment of snow and ice
removal and garbage collection charges:
NAME AND ADDRESS; PROPERTY
DESCRIPTION; AMOUNT
Dawn M Close, 704 Rose Street, Dubuque,
IA 52001, 10 -24- 355 -009, S 1/2 LOT 7 CUM-
MINS SUB 705 - 705 1/2 ROSE, $85.00
Dubuque Properties LLC, 1805 State
Street Suite 103, Bettendorf, IA 52722, 10 -24-
Book 141 Regular Session, July 18, 2011 247
215 -001, W 59' OF S 42' OF LOT 1 -97 L H
LANGWORTHY'S ADD 2076 -2078 WASH-
INGTON, $435.00
Thomas J & Martha J Blake, 115 Skyline
Drive, Guttenberg, IA 52052, 10 -24- 203 -023,
E 35' -LOT 84 L H LANGWORTHY'S ADD 215-
217 E 22ND ST, $925.00
Janis E Jentz, 1610 Jackson Street, Dubu-
que, IA, 52001,10 -24- 268 -021, S 18'3" OF
LOT 82 EAST DUBUQUE ADD, $920.00
High Performance LLC, 8505 Southern
Hills, Dubuque, IA 52003, 10 -24- 403 -002, S
1/2 OF N 1/5 OF CITY LOT 454, $359.00
Dubuque Property Management, 8505
Southern Hills Court, Dubuque IA 52003, Lots
46 -50 and Lot 2 of 51 of Lenox Addition,
$301.00
Irvin G Jr. & Sharon K Schueller, 2233
Jackson Street, Dubuque, IA 52001, 10 -24-
202 -012, E 1/2 -LOT 31 L H LANGWORTHYS
ADD 2233 -2235 JACKSON, $100
Larry H & Brenda A Husemann, 483 Peach
Street, East Dubuque, IL 61025, 10- 24 -410-
002, N 1/2 OF M 1/5 OF CITY LOT 476,
$110.00
Property Investments Group LLC, 605 Bluff
Street, Dubuque IA 52001, 10 -24- 207 -008, L
H LANGS ADD N 65' LOT 11 2134 -2146
CENTRAL AVE, $300.00
Richard Henry Then Testamentary Trust,
4812 Then Road, Bernard, IA 52032, 10 -24-
213 -001, W 1/2 -LOT 43 & S 28' -W 1/2 -LOT 42
L H LANGWORTHY'S ADD, $135.00
Doris M Rubel, 6778 Crystal Lake Cave
Rd, Dubuque, IA 52003, 10 -13- 328 -004, S
32' -275 DAVIS FARM ADD, $40.00
Thomas J & Martha J Blake, 115 Skyline
Drive, Guttenberg, IA 52052, 10 -24- 127 -030,
LOT 1 -3 -135 & 1 -4 -135 L H LANGWORTHY'S
ADD 357 - 357' /% KAUFMANN AVE, $95.00
Robert J & Maribeth P Devereaux, P 0
Box 684, Elk Grove Village, IL 60009, 10 -24-
430 -009, S 1/2 LOT 56 EAST DUBUQUE
ADD, $100
William James Heming, 1218 Lincoln,
Dubuque IA 52001, 11 -18- 310 -004, LOT 6
KIENE'S SUB, $420.00
Gary Lee Fransen, 2285 Francis, Dubuque
IA 52001, 10 -24- 128 -018, LOT 29 & N 1/2 OF
LOT 28 TIVOLI ADD, $160.00
Greg A Prehm, 8505 Southern Hills Court,
Dubuque IA 52003, 10 -24- 381 -006, LOT 4 M
A MCDANIELS SUB 574 -576 CHESTNUT,
$150.00
Gregory W & Jeanette M Mclaughlin, 620
'/% Alta Vista, Dubuque IA 52001, 10- 13 -454-
050, NE 23' LOT 10 & SW 21'6" LOT 11
HAMBURG ADD 711 -711 1/2 E 22ND ST,
$110.00 Judith Ann Beecher, 55 Milwaukee,
Dubuque, IA 52001, 10 -14- 228 -013, LOT 20
LINHAN PARK ADD, $110.00
Stuart G Hoover, 850 White Street, Dubu-
que, IA 52001, 10 -24- 385 -007, FARLEYS
SUB E' /% OF LOT 11, $220.00
Section 2. That the City Clerk be and is
hereby ordered and directed to certify to the
County Treasurer of Dubuque County, Iowa,
that the persons named hereinbefore are de-
linquent in the payment of snow and ice re-
moval and garbage collection charges in the
amount set aside of the respective names, and
that said amounts shall be collected in the
same manner as general property taxes
against the respective parcels of property set
opposite the names of the owners.
Passed, approved and adopted this 18th
day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S Firnstahl, Acting City Clerk
Vacant and Abandoned Building and Prob-
lem Property Assessments: City Manager rec-
ommending authorizing the City Clerk to certify
vacant and abandoned building and problem
property charges to the Dubuque County
Treasurer in order to establish real property
liens for collection of such charges. Upon mo-
tion the documents were received and filed
and Resolution No. 219 -11 Authorizing the
City to collect delinquent vacant and aban-
doned building and problem property charges
in accordance with Title 6- 6 -3B1h; Title 6 -6-
4B3 & Title 6 -6B of the Code of Ordinances of
the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 219 -11
RESOLUTION AUTHORIZING THE CITY TO
COLLECT DELINQUENT VACANT AND
ABANDONED BUILDING AND PROBLEM
PROPERTY CHARGES IN ACCORDANCE
WITH TITLE 6- 6 -3B1h; TITLE 6-6-4B3 & TI-
TLE 6 -6B OF THE CODE OF ORDINANCES
OF THE CITY OF DUBUQUE, IOWA
Whereas, residential properties in the City
of Dubuque are considered hazardous or un-
sanitary premises if vacant and abandoned
buildings and problem properties are allowed
to deteriorate according to 6 -6 -3B1 h; and
Whereas, whenever in the judgment of the
Housing Officer, a nuisance that is "palpably
and
indisputably such" exists which requires
immediate action to protect the public health,
safety or welfare of the public, the Housing
Officer may order the emergency abatement of
such; and
Whereas, delinquent vacant and aban-
doned building and problem property charges
shall be
certified by the City Clerk to the Dubuque
County Treasurer for collection with, and in the
same manner as general property taxes.
NOW, THEREFORE BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
248 Regular Session, July 18, 2011 Book 141
DUBUQUE, IOWA:
Section 1. That the persons hereinafter,
owning the properties thereby set forth, are
delinquent in the payment of vacant and
abandoned building and problem property
charges:
NAME AND ADDRESS; PROPERTY
DESCRIPTION; AMOUNT
Janis E Jentz, 1610 Jackson Street, Dubu-
que IA 52001, 10 -24- 268 -021, S 187 OF
LOT 82 EAST DUBUQUE ADD, $170.00
Dan Siefker, A/K/A Daniel J Siefker, 1838
Central Ave, Dubuque IA 52001, 10- 24 -256-
005, S 26' - M 1/5 - CITY LOT 436, $263.80
Antonio G Conley, 2512 Broadway Street,
Dubuque, IA 52001, 10 -13- 431 -012, LOT 1 -1-
37 ALTHAUSERS SUB, $285.00
BRP Properties LLC, 8505 Southern Hills
Court, Dubuque IA 52003, 10 -23- 329 -019,
LOT 1 -1 -2 -1 SMYTHS SUB, $292.12
Sandra J Cunningham, 175 West 17th
Street, Dubuque, IA 52001, 10 -24- 260 -011,
LOT 1 -2 OF CITY LOT 674, $1,004.44
Section 2. That the City Clerk be and is
hereby ordered and directed to certify to the
County Treasurer of Dubuque County, Iowa,
that the persons named hereinbefore are de-
linquent in the payment of vacant and aban-
doned building and problem property charges
in the amount set aside of the respective
names, and that said amounts shall be collect-
ed in the same manner as general property
taxes against the respective parcels of proper-
ty set opposite the names of the owners.
Passed, approved and adopted this 18th
day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
3087 Central Avenue Update: City Manag-
er transmitting information on the development
history for the property at 3087 Central Ave-
nue. Upon motion the documents were re-
ceived and filed.
Supplemental Engineering Project (SEP)
Work Plan: City Manager recommending ap-
proval of a work plan for the Supplemental
Engineering Project (SEP) as required by the
Consent Decree related to the City's
Wastewater Management System. Upon mo-
tion the documents were received, filed, and
approved.
Southwest Arterial - Supplemental Agree-
ment No. 9: City Manager recommending ap-
proval of the execution of a supplemental
agreement with AECOM Technical Services,
Inc. in the amount of $126,700, which ap-
proves revisions to the original scope of ser-
vices to the Consultant Professional Services
Contract to complete the final engineering de-
sign phase of the Southwest Arterial Project.
Upon motion the documents were received
and filed and Resolution No. 220 -11 Approving
the Consultant Professional Services -
Supplemental Agreement No. 9 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. 220 -11
APPROVING THE CONSULTANT PROFES-
SIONAL SERVICES - SUPPLEMENTAL
AGREEMENT NO. 9 BETWEEN AECOM
TECHNICAL SERVICES, INC. AND THE
CITY OF DUBUQUE FOR THE FINAL ENGI-
NEERING DESIGN PHASE OF THE
SOUTHWEST ARTERIAL PROJECT
Whereas, the City of Dubuque is proceed-
ing 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 re-
views, recent geotechnical findings and rec-
ommendations outlined in the Value Engineer-
ing study, several modifications to the previous
preliminary plans were developed; and
Whereas, as a result of the proposed de-
sign and plan modifications, the Consultant
Professional Services - Supplemental Agree-
ment authorizes AECOM to provide the re-
vised 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 Profes-
sional Services - Supplemental Agreement No.
9 between AECOM Technical Services, Inc.
and the City of Dubuque for the final engineer-
ing design phase of the Southwest Arterial
project is hereby approved, subject to the con-
currence of the Iowa Department of Transpor-
tation.
Section 2. That the Mayor be authorized
and directed to execute three copies of said
Consultant Professional Services - Supple-
mental Agreement with AECOM Technical
Services, Inc. for the final engineering design
phase of the Southwest Arterial project.
Passed, approved and adopted this 18th
day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Morrison Bros. Company— First Amend-
ment to Development Agreement: City Man-
ager recommending approval of the First
Amendment to the Development Agreement
with Morrison Bros. Company to provide for a
Book 141 Regular Session, July 18, 2011 249
one -year extension of the job creation period
to June 1, 2012. Upon motion the documents
were received and filed and Resolution No.
221 -11 Approving the First Amendment to the
Morrison Bros. Company Development
Agreement was adopted.
RESOLUTION NO. 221 -11
APPROVING THE FIRST AMENDMENT TO
THE MORRISON BROS. COMPANY DE-
VELOPMENT AGREEMENT
Whereas, a Development Agreement (the
Agreement), dated October 6, 2008, was en-
tered into by and between the City of Dubu-
que, a municipal corporation of the State of
Iowa (City) and Morrison Bros. Company an
Iowa corporation with its principal place of
business in Dubuque, Iowa (Developer); and
Whereas, City and Morrison Bros. Compa-
ny now desire to amend the Development
Agreement as set forth attached First Amend-
ment.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the First Amendment of the
Morrison Bros. Company Development
Agreement is hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute said First
Amendment 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 Manager is author-
ized to take such actions as are necessary to
implement the terms of the First Amendment
as herein approved.
Passed, approved and adopted this 18th
day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Cottingham & Butler Ins. Inc. — First
Amendment to Development Agreement and
the Downtown Rehabilitation Loan Agreement:
City Manager recommending approval of the
First Amendment to the Amended and Restat-
ed Development Agreement and an amend-
ment to the Downtown Rehabilitation Loan
Agreement, both with Cottingham & Butler,
Inc. and Security Investments, LLC. Upon mo-
tion the documents were received and filed
and Resolution No. 222 -11 Approving the First
Amendment to the Amended and Restated
Development Agreement between and among
the City of Dubuque, Iowa, Cottingham & But-
ler, Inc., and Security Investments, LLC; and
Resolution No. 223 -11 Approving the First
Amendment to Downtown Rehabilitation Loan
Program Loan Agreement, Number: DRLP #1-
07 between the City of Dubuque, Iowa, and
Security Investments, LLC were adopted.
RESOLUTION NO. 222 -11
APPROVING THE FIRST AMENDMENT TO
THE AMENDED AND RESTATED DEVEL-
OPMENT AGREEMENT BETWEEN AND
AMONG THE CITY OF DUBUQUE, IOWA,
COTTINGHAM & BUTLER, INC. AND SE-
CURITY INVESTMENTS, LLC
Whereas, an Amended and Restated De-
velopment Agreement (the Agreement), dated
October 1, 2007, was entered into by and be-
tween the City of Dubuque, a municipal corpo-
ration of the State of Iowa (City), Cottingham &
Butler, Inc. (Developer) and Security Invest-
ments, LLC, an Iowa Limited Liability Compa-
ny; and
Whereas, City, Cottingham & Butler, Inc.
and Security Investments, LLC now desire to
amend the Amended and Restated Develop-
ment Agreement as set forth in the attached
First Amendment.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the First Amendment to the
Amended And Restated Development Agree-
ment between and among the City of Dubu-
que, Iowa, Cottingham & Butler, Inc. and Se-
curity Investments, LLC is hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute said First
Amendment 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 Manager is author-
ized to take such actions as are necessary to
implement the terms of the First Amendment
as herein approved.
Passed, approved and adopted this 18th
day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 223 -11
APPROVING THE FIRST AMENDMENT TO
DOWNTOWN REHABILITATION LOAN
PROGRAM LOAN AGREEMENT, NUMBER:
DRLP #1 -07 BETWEEN THE CITY OF
DUBUQUE, IOWA AND SECURITY IN-
VESTMENTS, LLC
Whereas, a Downtown Rehabilitation Loan
Program Agreement (the Agreement), dated
November 19, 2007, was entered into by and
between the City of Dubuque, a municipal cor-
poration of the State of Iowa (City and Security
Investments, LLC, an Iowa Limited Liability
Company; and
Whereas, City and Security Investments,
LLC now desire to amend the Agreement as
set forth in the attached First Amendment.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
250 Regular Session, July 18, 2011 Book 141
DUBUQUE, IOWA:
Section 1. That the First Amendment to the
Downtown Rehabilitation Loan Program Loan
Agreement between the City of Dubuque and
Security Investments, LLC, is hereby ap-
proved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute said First
Amendment 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 Manager is author-
ized to take such actions as are necessary to
implement the terms of the First Amendment
as herein approved.
Passed, approved and adopted this 18th
day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Community Foundation of Greater Dubu-
que — Project H.O.P.E. Contract: City Manager
recommending approval of a contract for ser-
vices with the Community Foundation of
Greater Dubuque relating to Project H.O.P.E.
(Helping Our People Excel), an initiative of the
City of Dubuque. Upon motion the documents
were received, filed, and approved.
Paragon Square, LLC — Housing Enter-
prise Zone Program: City Manager recom-
mending approval of a Housing Enterprise
Zone Program Agreement by and among the
Iowa Department of Economic Development,
the City of Dubuque and Paragon Square,
LLC, that will provide 18 new market -rate
housing units in the downtown. Upon motion
the documents were received and filed and
Resolution No. 224 -11 Approving a Housing
Enterprise Zone Program Agreement by and
among the Iowa Department of Economic De-
velopment, the City of Dubuque and Paragon
Square, LLC was adopted.
RESOLUTION NO. 224 -11
RESOLUTION APPROVING A HOUSING
ENTERPRISE ZONE PROGRAM AGREE-
MENT BY AND AMONG THE IOWA DE-
PARTMENT OF ECONOMIC DEVELOP-
MENT, THE CITY OF DUBUQUE AND
PARAGON SQUARE, LLC
Whereas, the City of Dubuque has estab-
lished two Enterprise Zones and an Enterprise
Zone Commission; and
Whereas, the Enterprise Zone Commission
on March 17, 2011 approved the application of
Paragon Square, LLC for Housing Enterprise
Zone benefits; and
Whereas, Paragon Square, LLC's applica-
tion was approved by the Iowa Department of
Economic Development on April 8, 2011; and
Whereas, the Iowa Department of Eco-
nomic Development has prepared and submit-
ted for City Council approval an agreement
relating to Housing Enterprise Zone benefits
for Paragon Square, LLC a copy of which is
attached hereto and by this reference made a
part hereof; and
Whereas, the City Council finds that the
proposed agreement is acceptable and neces-
sary to the growth and development of the city.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of
Economic Development Housing Enterprise
Zone Program Agreement, Number 11 -HEZ-
040, is hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Agree-
ment on behalf of the City of Dubuque and
forward the executed copy to the Iowa De-
partment of Economic Development for their
approval.
Passed, approved and adopted this 18th
day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Dubuque Industrial Center West — South
Siegert Farm: City Manager recommending
award of a contract to IIW Engineers for de-
sign and construction services associated with
the development of the South Siegert Farm for
a cost not to exceed $428,120. Upon motion
the documents were received, filed, and ap-
proved.
2011 Justice Assistance Grant (JAG) Ap-
plication: City Manager recommending ap-
proval of the 2011 Justice Assistance Grant
(JAG) application. Upon motion the documents
were received, filed, and approved.
Historic Preservation Commission — West
Locust Street Off - Street Parking: Communica-
tion from the Historic Preservation Commis-
sion requesting that the City Council explore
parking solutions for the West Locust and Bluff
Street area. Upon motion the documents were
received, filed, and referred to the City Man-
ager.
State Historical Society of Iowa (SHSI):
Correspondence from Deputy State Historical
Preservation Officer Barbara Mitchell informing
the City that the Holy Ghost Catholic Historic
District (2887 -2921 Central Avenue) was ac-
cepted for nomination to the National Register
of Historic Places by the State Nominations
Review Committee. Upon motion the docu-
ments were received and filed.
Book 141 Regular Session,
July 18, 2011 251
Signed Contracts: 1) AmeriCorps Agree-
ment - No Cost Extension Amendment; 2)
Lease Agreement with Spahn and Rose Lum-
ber Company. Upon motion the documents
were received and filed.
Liquor License Transfer: Request from the
National Mississippi River Museum and Aquar-
ium to transfer their liquor license to the Port of
Dubuque on August 6, 2011 for the Taste of
Dubuque. Upon motion the documents were
received, filed, and approved.
Business License Applications: City Man-
ager recommending approval of annual liquor,
beer and cigarette license renewals as submit-
ted. Upon motion the documents were re-
ceived and filed and Resolution No. 225 -11
Granting the issuance of a Class "C"
Beer /Liquor License to Knicker's Saloon, the
Walnut Tap, and House of China; a Special
Class "C" Liquor License (5 -Day Special
Event) to Music N More Productions; a Class
"B" Wine Permit to Sid's Beverage Store and
Road Ranger; a Class "WBN" Native Wine
Permit to the Mandolin Inn and Kwik Stop
Food Mart; Resolution No. 226 -11 Granting
the issuance of a Class "C" Beer Permit to
Sid's Beverage, Road Ranger and Kwik Stop;
and Resolution No. 227 -11 Granting the issu-
ance of a permit to sell cigarettes and cigarette
papers to Awn Stop Mart, Dubuque Quick Stop
Mart, Friendly Locust Mart, and Instant Replay
were adopted.
RESOLUTION NO. 225 -11
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
nances 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
Curtis Gerhard, Knicker's Saloon +(Sunday
Sale, 2186 Central Ave.
Craig J. Weiner, Walnut Tap +(Sunday
Sale), 709 University Ave.
House of China Co., House of China
+(Sunday Sale), 170 JFK Rd.
SPECIAL CLASS "C" LIQUOR LICENSE
(5 -DAY SPECIAL EVENT)
Music n More Promotion, Summer's Last
Blast, Town Clock Plaza
CLASS "B" WINE
Sid's Beverage Store, Sid's Beverage
Store, 2727 Dodge St.
Road Ranger, LLC, Road Ranger, 2175
Central Ave.
CLASS "WBN" NATIVE WINE LICENSE
Mandolin Inn, Inc, Mandolin Inn, 199 Loras
Blvd.
Rainbo Oil Company, Kwik Stop Food
Mart, 2255 Kerper Blvd.
Passed, approved and adopted this 18th day
of July, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 226 -11
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
ined and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Beer Permit.
CLASS "C" BEER PERMIT
Sid's Beverage Store, Inc., Sid's Beverage
Store +(Sunday Sale), 2727 Dodge St.
Road Ranger LLC, Road Ranger +(Sunday
Sale), 2175 Central Ave.
Rainbo Oil Company, Kwik Stop Food
+(Sunday Sale), 2255 Kerper Blvd.
Passed, approved and adopted this 18th day of
July, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
RESOLUTION NO. 227 -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 Ciga-
rettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Ciga-
rette Papers within said City.
4 RENEWALS
Awn Stop Mart , Awn Stop Mart Inc., 1998
Jackson St.
Dubuque Quick Stop Mart, Bushra
Waseem, 1401 Central Ave.
Friendly Locust Mart, Awn Stop Mart Inc.,
408 W. Locust St.
252 Regular Session, July 18, 2011 Book 141
Instant Replay, Pam Arensdorf, 1602 Cen-
tral Ave.
Passed, approved and adopted this 18th
day of July, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7 -0.
Green Alley Permeable Pavers Project:
City Manager recommending preliminary ap-
proval of the construction plans and specifica-
tions, approval of the Resolution of Necessity,
approval of the Preliminary Schedule of As-
sessments and initiation of the public bidding
process for the Green Alley Permeable Pavers
Project (17th — 18th between Jackson & Wash-
ington Streets), and further recommends that a
public hearing be set for August 1, 2011. Upon
motion the documents were received and filed
and Resolution No. 228 -11 Preliminary ap-
proval of plans, specifications, form of con-
tract, and estimated cost; setting date of public
hearing on plans, specifications, form of con-
tract, and estimated cost; and ordering the
advertisement for bids (Green Alley Permeable
Pavers Project 17th — 18th between Jackson &
Washington Streets); Resolution No. 229 -11
Approving the plat, schedule of assessments
and estimate of total cost and setting date of
public hearing on Resolution of Necessity
(Green Alley Permeable Pavers Project 17th —
18th, between Jackson & Washington Streets);
and Resolution No. 230 -11 Resolution of Ne-
cessity for the Green Alley Permeable Pavers
Project (17th — 18th between Jackson & Wash-
ington Streets) were adopted setting a public
hearing for a meeting to commence at 6:30
p.m. on August 1, 2011 in the Historic Federal
Building.
RESOLUTION NO. 228 -11
GREEN ALLEY PERMEABLE
PAVERS PROJECT
(17th — 18th, BETWEEN JACKSON AND
WASHINGTON STREETS)
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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 Green Al-
ley Permeable Pavers Project (17th — 18th,
between Jackson and Washington Streets), in
the estimated amount $185,242.17, are hereby
preliminarily approved and ordered filed in the
office of the City Clerk for public inspection.
A public hearing will be held on the 1st day
of August, 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 cir-
culation 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 inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The Green Alley Permeable Pavers Project
(17th 18th, between Jackson and Washing-
ton Streets) is hereby ordered to be advertised
for bids for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements 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
before 2:00 p.m. on the 4th day of August,
2011. Bids shall be opened and read by the
City Clerk at said time and will be submitted to
the Cit? Council for final action at 6:30 p.m. on
the 15 day of August, 2011, in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 18th
day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 229 -11
GREEN ALLEY PERMEABLE
PAVERS PROJECT
(17TH — 18TH, BETWEEN JACKSON &
WASHINGTON STREETS)
APPROVING THE PLAT, SCHEDULE OF
ASSESSMENTS AND ESTIMATE OF TOTAL
COST AND SETTING DATE OF PUBLIC
HEARING ON RESOLUTION OF NECESSI-
TY
Book 141 Regular Session, July 18, 2011 253
Whereas, the proposed Resolution of Ne-
cessity for the Project has been introduced for
the Project.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The attached plat, schedule of assess-
ments, and estimate of total cost for the Green
Alley Permeable Pavers Project (17th — 18th
between Jackson & Washington Streets) and
the proposed Resolution of Necessity are
hereby approved and ordered placed on file in
the Office of the City Clerk.
The City Council will meet on the 1st day of
August, 2011, at 6:30 p.m. at the Historic Fed-
eral Building[ Council Chambers (second floor),
350 West 6h Street, Dubuque, Iowa, at which
time the owners of property subject to as-
sessment for the proposed improvement or
any other person having an interest in the mat-
ter may appear and be heard for or against the
making of the improvement, the boundaries of
the district, the cost, the assessment against
any lot, or the final adoption of a resolution of
necessity.
A property owner will be deemed to have
waived all objections unless at the time of
hearing the property owner has filed objections
with the City Clerk.
The City Clerk be and is hereby authorized
and directed to cause the attached notice of
the time and place of such hearing to be pub-
lished in a newspaper having general circula-
tion in the City of Dubuque, Iowa, which notice
shall be published once each week for two
consecutive weeks, the first publication of
which shall be not less than ten days prior to
the day fixed for its consideration.
Passed, approved and adopted this 18th
day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 230 -11
RESOLUTION OF NECESSITY FOR THE
GREEN ALLEY PERMEABLE PAVERS
PROJECT (17TH — 18TH, BETWEEN JACK-
SON & WASHINGTON STREETS)
Whereas, the plat, schedule of assess-
ments, and estimate of total cost for the Green
Alley Permeable Pavers Project (17th — 18th
between Jackson & Washington Streets) have
been duly prepared and approved by the City
Council of the City of Dubuque and ordered
placed on file in the office of City Clerk.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
— Reconstruction of the pavement
surface with interlocking concrete
pavers.
Watermain reconstruction.
Replacement of four (4) lead wa-
ter services with copper.
Replacement of the brick sanitary
manholes in the alley and on 17th
18th Streets with new concrete
manholes.
There is on file in the office of the City
Clerk an estimated total cost of the work, and
a preliminary plat and schedule showing the
amount proposed to be assessed to each lot
for the improvement.
The date, time, and place the council will
hear property owners subject to the assess-
ment and interested parties for or against the
improvement, its cost, the assessment, or the
boundaries of the district:
The City Council deems it advisable and
necessary for the public welfare to make the
herein mentioned improvements.
Unless a property owner files objections
with the City Clerk at the time of hearing on the
Resolution of Necessity, the property owner is
deemed to have waived all objections pertain-
ing to the regularity of the proceeding and the
legality of using the special assessment pro-
cedure.
Said improvements shall be constructed in
accordance with the plans and specifications
which have been approved by the City Council
and are now on file in the Office of the City
Clerk. The cost of making such improvement
will be assessed against property lying with the
assessment limits.
The above resolution was introduced, ap-
proved and ordered placed on file with the City
Clerk this 18th day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Eagle Point Energy — 1, LLC — License and
Power Purchase Agreement: City Manager
recommending that a public hearing be set for
August 1, 2011, on approval of a 25 -year Li-
cense and Power Purchase Agreement with
Eagle Point Energy — 1, LLC to install solar
panels on the Public Works facility on Kerper
Court and provide electricity to the facility. Up-
on motion the documents were received and
filed and Resolution No. 231 -11 Intent to dis-
pose of an interest in real property owned by
the City of Dubuque by license between the
City of Dubuque, Iowa, and Eagle Point Ener-
gy — 1, LLC, an Iowa Limited Liability Compa-
ny, was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on August
1, 2011 in the Historic Federal Building.
254 Regular Session, July 18, 2011 Book 141
RESOLUTION NO. 231 -11
INTENT TO DISPOSE OF AN INTEREST IN
REAL PROPERTY OWNED BY THE CITY OF
DUBUQUE BY LICENSE BETWEEN THE
CITY OF DUBUQUE, IOWA AND EAGLE
POINT ENERGY - 1, LLC AN IOWA LIMITED
LIABILITY COMPANY
Whereas, the City of Dubuque, Iowa (City)
is the owner of the real property legally de-
scribed as follows: Roof space above the land
commonly known as the western side of the
roof located at 925 Kerper Court, Dubuque,
Iowa, legally described as Lot 2 of 2 of Kerper
Industrial Park in the City of Dubuque, Iowa;
and
Whereas, Eagle Point Energy — 1, LLC.
desires to license a part of the property to in-
stall solar panels at the facility, License and
Power Purchase Agreement is on file at the
office of the City Clerk, City Hall, 13th and Cen-
tral Avenue, Dubuque, Iowa; and
Whereas, City and Eagle Point Energy — 1,
LLC. have tentatively agreed to the License
and Power Purchase Agreement, which
among other things, provides for a term
through September 1, 2026; and
Whereas, the City Council believes it is in
the best interest of the City of Dubuque to ap-
prove the License and Power Purchase
Agreement.
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 real property by License and Power
Purchase Agreement between City and Eagle
Point Energy — 1, LLC.
Section 2. The City Clerk is hereby author-
ized 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
City's intent to dispose of the foregoing -
described real property by license, to be held
on the 1st day of August 2011, at 6:30 o'clock
p.m. at the Historic Federal Building, Council
Chambers, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 18th
day of July 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Sale of Property — 1052 Rush Street: City
Manager recommending the sale of a City -
owned vacant lot at 1052 Rush Street to Rout -
ley Construction for $5,000 for participation in
the East Central Intergovernmental Associa-
tion plan for the Iowa Department of Economic
Development Single - Family New Production
Round #2 Program, and that a public hearing
be set for August 1, 2011, to consider disposal
of the property. Upon motion the documents
were received and filed and Resolution No.
232 -11 Intent to dispose of an interest in City
of Dubuque real estate and fixing the date for
a public hearing of the City Council of the City
of Dubuque, Iowa, on the proposed disposition
of City -owned property to Routley Construction
and providing for the publication of notice
thereof (Lot 171 Union Addition in the City of
Dubuque, Iowa — 1052 Rush Street) was
adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on August 1, 2011
in the Historic Federal Building.
RESOLUTION NO. 232 -11
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE AND
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE PROPOSED
DISPOSITION OF CITY OWNED PROPERTY
TO ROUTLEY CONSTRUCTION AND
PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City)
is the owner of the following real property (the
Property): Lot 171 Union Addition in the City of
Dubuque, Iowa (1052 Rush Street); and
Whereas, East - Central Intergovernmental
Association (ECIA) is the sponsor of the Single
Family New Production Program (SFNP)
(Sponsor); and
Whereas, City, has tentatively agreed to
sell the Property to Routley Construction, sub-
ject to the approval of a Development Agree-
ment between City and Routley by the City
Council which Development Agreement will
include the following conditions:
• Sale price $5,000 due at closing
• Single family home valued at
$100,000 shall be constructed
within 12 months of closing
• Contractor shall participate in the
SFNP Program sponsored by
East Central Intergovernmental
Agency; and
Whereas, the City Council has tentatively
determined that it would be in the best inter-
ests of the City to approve the sale of the
Property to Routley Construction.
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 by Deed to Routley Con-
struction subject to the conditions described
herein.
Section 2. The City Clerk is hereby author-
ized 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
City's intent to dispose of the foregoing-
Book 141 Regular Session, July 18, 2011 255
described Property, to be held on the 1st day of
August, 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 circula-
tion in said City, said publication to be not less
than four days nor more than twenty days be-
fore the date of said meeting on the issuance
of said obligations.
Passed, approved and adopted this 18th
day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Sale of Property — 1895 Wood Street: City
Manager recommending the sale of a City -
owned vacant lot at 1895 Wood Street to Rout -
ley Construction for $1.00 for participation in
the East Central Intergovernmental Associa-
tion plan for the Iowa Department of Economic
Development Single - Family New Production
Round #2 Program, and that a public hearing
be set for August 1, 2011, to consider disposal
of the property. Upon motion the documents
were received and filed and Resolution No.
233 -11 Intent to dispose of an interest in City
of Dubuque real estate and fixing the date for
a public hearing of the City Council of the City
of Dubuque, Iowa on the proposed disposition
of City -owned property to Routley Construction
and providing for the publication of notice
thereof (Lot 51 Rosedale Addition in the City of
Dubuque, Iowa - 1895 Wood Street) was
adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on August 1, 2011
in the Historic Federal Building.
RESOLUTION NO. 233 -11
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE AND
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE PROPOSED
DISPOSITION OF CITY OWNED PROPERTY
TO ROUTLEY CONSTRUCTION AND
PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City)
is the owner of the following real property (the
Property): Lot 51 Rosedale Addition in the City
of Dubuque, Iowa (1895 Wood Street); and
Whereas, East - Central Intergovernmental
Association (ECIA) is the sponsor of the Single
Family New Production Program (SFNP)
(Sponsor); and
Whereas, City, has tentatively agreed to
sell the Property to Routley Construction, sub-
ject to the approval of a Development Agree-
ment between City and Routley by the City
Council which Development Agreement will
include the following conditions:
• Sale price $1.00 due at closing
• Single family home valued at
$100,000 shall be constructed
within 12 months of closing
• Contractor shall participate in the
SFNP Program sponsored by
East Central Intergovernmental
Agency; and
Whereas, the City Council has tentatively
determined that it would be in the best inter-
ests of the City to approve the sale of the
Property to Routley Construction.
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 by Deed to Routley Con-
struction subject to the conditions described
herein.
Section 2. The City Clerk is hereby author-
ized 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
City's intent to dispose of the foregoing -
described Property, to be held on the 1st day of
August, 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 circula-
tion in said City, said publication to be not less
than four days nor more than twenty days be-
fore the date of said meeting on the issuance
of said obligations.
Passed, approved and adopted this 18th
day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
BOARDS /COMMISSIONS
Appointments to the following Boards and
Commissions:
Human Rights Commission: One 3 -year
term through January 1, 2013 (Vacant term of
Davis). Applicants: Nickie Blume, 2523 Wash-
ington Street; and Mitzi Krey, 433 W. 3rd.
Street (Additional applicant). Upon roll call vote
of 6 -1 (Jones voting for Blume), Mitzi Krey was
appointed to the Human Rights Commission
for a 3 -year term through January 1, 2013.
Transit Advisory Board: Three 3 -year terms
through July 30, 2014 (expiring terms of
Enderson, Lightcap, and Stewart). Applicants:
256 Regular Session, July 18, 2011 Book 141
George Enderson, 511 St. George Street; Joel
Lightcap, 1985 Alta Vista Street; and R.R.S.
Stewart, 460 Summit Street. Motion by Lynch
to appoint George Enderson, Joel Lightcap,
and R.R. S. Stewart to the Transit Advisory
Board for 3 -year terms through July 30, 2014.
Seconded by Resnick. Motion carried 7 -0.
PUBLIC HEARINGS
Planned Residential District Amendment —
2763 University Avenue: Communication from
Tom Kluck withdrawing his application to
amend the Planned Residential District for
property located at 2763 University Avenue.
Proof of publication on notice of public
hearing to consider a request from Tom Kluck
to amend the Planned Residential District at
property located at 2763 University Avenue to
permit a 60 -foot by 30 -foot, two -story common
building with three apartments on the second
story; set back 20 feet from the north side
property line and the Zoning Advisory Com-
mission recommending denial.
Citizen communications and petition from
Bruce and Annabelle Schaal and Gus Hammer
in opposition to the rezoning request.
Motion by Connors to accept the withdraw-
al. Seconded by Jones. Motion carried 7 -0.
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
Holy Ghost Urban Renewal District: Proof
of publication on notice of public hearing to
consider approval of the Holy Ghost Urban
Renewal District and the City Manager rec-
ommending approval.
Communication from the Long Range
Planning Commission approving the Urban
Renewal Plan for the Holy Ghost Urban Re-
newal District.
Motion by Braig to receive and file the doc-
uments and adopt Resolution No. 234 -11 Ap-
proving the Urban Renewal Plan for the Holy
Ghost Urban Renewal District. Seconded by
Connors. Motion carried 7 -0.
RESOLUTION NO. 234 -11
APPROVING THE URBAN RENEWAL PLAN
FOR THE HOLY GHOST URBAN RENEWAL
DISTRICT.
Whereas, on June 6, 2011, the City Coun-
cil of the City of Dubuque, Iowa authorized the
preparation of an Urban Renewal Plan (the
"Plan ") for the Holy Ghost Urban Renewal
District (the "District'); and
Whereas, the City of Dubuque's primary
objective in adopting this Plan is to provide
opportunities for redevelopment and reinvest-
ment in the District; and
Whereas, the Long Range Planning Com-
mission has reviewed the proposed Plan and
has found that said document is consistent
with the Comprehensive Plan for the develop-
ment of the City of Dubuque as a whole and
has transmitted its findings to the City Council;
and
Whereas, a consultation process has been
undertaken with affected taxing entities in ac-
cordance with Chapter 403 of the Code of Io-
wa with no written objections or recommended
changes to the Plan received; and
Whereas, the City Council, in accordance
with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed Plan
after public notice thereof.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Urban Renewal Plan
for the Holy Ghost Urban Renewal District,
attached hereto and made reference to herein,
be approved.
Section 2. This Council finds that a feasible
method exists for the location of any families
who will be displaced from the District into
decent, safe and sanitary dwelling accommo-
dations within their means and without undue
hardship to such families. The Council further
finds that the urban renewal plan conforms to
the general plan of the municipality as a whole.
Section 3. That the City Clerk of the City of
Dubuque, Iowa is hereby authorized and di-
rected to file a certified copy of this Resolution
and the Plan in the office of the Dubuque
County Recorder.
Passed, approved and adopted this 18th
day of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
ID Institutional District Amendment — Hill -
crest Family Services: Proof of publication on
notice of public hearing to consider a request
from Hillcrest Family Services to amend the ID
Institutional District for property located at
2005 Asbury Road to allow the proposed
chapel to be located 15 feet from the front
property line (Wilbrecht Lane) and the Zoning
Advisory Commission recommending approv-
al. 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. Michael
Luedtke, Vice President of Finance for Hillcrest
Family Services, stated that the reduced set
back will allow the plan to be more symmet-
rical. Planning Services Manager Laura Car-
stens provided a staff report. Motion carried 7-
0.
Book 141 Regular Session, July 18, 2011 257
Motion by Jones for final consideration and
passage of Ordinance No. 36 -11 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, amending
Ordinance 32 -11, approving an amended
Campus Development Plan for Hillcrest Family
Services Institutional District for a new chapel.
Seconded by Braig. Motion carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 36 -11
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, RESCINDING
ORDINANCES 41 -92, 55 -00, 18 -03 AND 08-
09, AND APPROVING AN AMENDED CAM-
PUS DEVELOPMENT PLAN FOR HILL -
CREST FAMILY SERVICES INSTITUTIONAL
DISTRICT FOR A NEW CHAPEL, GYMNA-
SIUM AND CLASSROOM BUILDING.
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 Devel-
opment Code and rescind Ordinances No. 41-
92, 55 -00, 18 -03 and 08 -09 and adopting a
revised campus development plan for a new
Chapel, Gymnasium„ and Classroom Build-
ings for the Hillcrest Family Services Institu-
tional District for the following property, to wit:
All of Lot 2 of Lot 2 of Lot 1 of Lot 1 of
Link's Subdivision, except the south-
easterly 38 feet thereof, Lot 2 of the
Subdivision of Lot 1 of Lot 2 of Miner-
al Lot 261; Lot 1 of the Subdivision of
Lot 1 of Lot 2 of Mineral Lot 261, Met -
tel Link Place; Lot 2 of Lot 2 of Lot 1
of Lot 2 of Lot 1 of Lot 1 of Link's
subdivision; Lot 1 of Lot 1 of Lot 2 of
Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1
of Link's Subdivision; and Lot 1 of Lot
1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of
Lot 1 of Lot 1 of Link's Subdivision;
Lot 1 and Lot 2 of Peterson's Subdi-
vision; all of Lot 2 of Lot 2 of Lot 1 of
Lot 1 of Link's Subdivision except for
the southeasterly 38 feet thereof, Lot
4 of 1 and Lot 5 of 1 of Link's Subdi-
vision, and to the centerline of the ad-
joining public right -of -way, all in the
City of Dubuque, Iowa.
Section 2. That in order to accomplish the
purposes of the ID Institutional district and of
the Zoning Ordinance, the above - described
property is subject to the following conditions
and restrictions:
H. Use Regulations
The following regulations shall
apply to all uses made of land in
the above - described ID Institu-
tional District:
4. Principal permitted uses
shall be limited to the follow-
ing:
a. Residential care fa-
cilities.
b. Classrooms.
c. Offices for adminis-
trative personnel or
other institutional
employees or affili-
ates.
d. Place of religious
exercise or assem-
bly for the primary
use and benefit of
institutional resi-
dents or affiliates.
e. Off - street parking
and loading.
f. Recreational or ath-
letic facilities for the
primary use and
benefit of institu-
tional residents or
affiliates.
g. Existing private us-
es of structures sit-
uated within an ID
District for which
the R -3 District
standards shall ap-
ply.
5. Conditional use shall be
regulated by Section 5 -22.2
of the Unified Development
Code.
6. Accessory uses shall be
regulated by Section 5 -22.3
of the Unified Development
Code.
I. Lot and Bulk Regulations
Development of land in the ID In-
stitutional District shall be regu-
lated as follows:
4. That the proposed chapel,
gymnasium and classroom
buildings shall be located in
substantial conformance
with the attached amended
conceptual development
plan.
5. A minimum front yard set-
back of 25 feet is required
for all structures.
6. That all previously- approved
campus development plans
are hereby superseded to al-
low for the attached devel-
opment plan.
J. Site Development Standards
258 Regular Session,
July 18, 2011 Book 141
The site development standards
for this ID Institutional District
shall be established as follows:
6. Site plans shall be submitted
in compliance with Section
12 Site plans of the Unified
Development Code.
7. New outdoor lighting shall
comply with Section 13 -3.1
Site Lighting of the Unified
Development Code.
8. That storm water from new
facilities shall comply with
Section 13 -3.3 Storm Water
Management of the Unified
Development Code.
9. Landscaping and screening
requirements shall be estab-
lished in accordance with
the requirements of Section
13 -4.4 of the Unified Devel-
opment Code. Trash enclo-
sures shall comply with Sec-
tion 13 -4.9 Exterior Trash
Collection Areas of the Uni-
fied Development Code.
K. Sign Regulations
The sign regulations shall be the
same as that which are allowed
for ID Districts in Section 15-
11.13 of the Unified Develop-
ment Code of the City of Dubu-
que, Iowa.
L. Parking Standards
The off - street parking require-
ment for the principal permitted
uses for the herein described ID
Institutional District shall be regu-
lated as follows:
4. That 20 off - street parking
spaces shall be added adja-
cent to the proposed gym-
nasium /classroom buildings.
5. That new off - street parking
spaces shall be designed
and constructed in compli-
ance with Section 13 -3.5
Parking Lot Layout of the
Unified Development Code.
6. Any significant expansion or
reduction in the number of
off - street parking spaces
must be reviewed by Plan-
ning Services staff for com-
pliance with the adopted
Hillcrest Family Services In-
stitutional District.
M. Transfer of Ownership
Transfer of ownership or lease of
property in this ID Institutional
District shall include the transfer
or lease agreement, the provi-
sion that the purchaser or leasee
acknowledges awareness of the
conditionals authorizing the es-
tablishment of this district.
N. Modifications
Any modifications of this Ordi-
nance must be approved by the
City council in accordance with
zoning reclassification proceed-
ings of Section 9 -5 of the Unified
Development Code.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 4. This Ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 18th
day of July,2011.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, Acting City Clerk
Published officially in the Telegraph Herald
Newspaper the 22od day of July, 2011.
/s /Kevin S. Firnstahl, Acting City Clerk
Redistricting Plan for City Wards and Pre-
cincts: Proof of Publication on notice of public
hearing to review and approve the new Ward
and Precinct Redistricting maps, agreement
with Dubuque County and the City Manager
recommending approval. Motion by Connors to
receive and file the documents, approve the
agreement, and that the requirement that a
proposed ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be passed be
suspended. Seconded by Jones. The public
hearing was opened and held. No vote was
taken on the first motion. Responding to ques-
tions from the City Council, County Auditor
Denise Dolan stated that the new boundaries
will take effect January 1, 2012 and would not
affect the 2011 election. Motion by Jones to
recess the public hearing and table to the Au-
gust 1, 2011 City Council meeting. Seconded
by Connors. Motion carried 7 -0.
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
Amendment to Housing Code: City Man-
ager recommending an amendment to the
Housing Code at Section 6 -6 -11A removing
Sections 6 and 7 related to the Habitual Of-
fender definition. Motion by Connors to receive
and file the documents and that the require-
ment that a proposed ordinance be considered
and voted on for passage at two Council meet-
ings prior to the meeting at which it is to be
Book 141 Regular Session, July 18, 2011 259
passed be suspended. Seconded by Jones.
Motion carried 7 -0.
Motion by Connors for final consideration
and passage of Ordinance No. 37 -11 Amend-
ing City of Dubuque Code of Ordinances Title
6 Health, Housing, Sanitation, and Environ-
ment, Chapter 6 Housing Regulations, Section
6 -6 -11 Habitual Violator by removing the pro-
vision relating to violations of other codes and
changing the title. Seconded by Braig. Motion
carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 37 -11
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 6 HEALTH, HOUSING,
SANITATION, AND ENVIRONMENT, CHAP-
TER 6 HOUSING REGULATIONS, SECTION
6 -6 -11 HABITUAL VIOLATOR BY REMOV-
ING THE PROVISION RELATING TO VIO-
LATIONS OF OTHER CODES AND CHANG-
ING THE TITLE
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6 -6 -11 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
6 -6 -11: PRIORITY CATEGORY:
A. Priority Category: The city manager may
designate a property owner, manager, or li-
censed real estate professional a priority cate-
gory for purposes of the housing code if three
(3) times within a period of twelve (12) con-
secutive months the property owner, manager,
or licensed real estate professional:
1. Has a rental license suspended;
2. Has a rental license revoked;
3. Is noncompliant with housing code
orders in excess of ninety (90) days
without either an extension of time or
variance from the housing code ap-
peals board or good faith progress
as determined by the city manager;
4. Fails to perform a mandated criminal
background check on a tenant;
5. Receives a citation for a housing
code violation;
Section 2. This Ordinance takes effect up-
on publication.
Passed, approved and adopted the 18th
day of July, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, Acting City Clerk
Published officially in the Telegraph Herald
Newspaper the 22od day of July, 2011.
/s /Kevin S. Firnstahl, Acting City Clerk
General Obligation Bonds: City Manager
recommending advertisement for the sale of
the $6,330,000 General Obligation Bonds,
Series 2011A and $1,590,000 Taxable Gen-
eral Obligation Bonds, Series 2011B and ap-
proval of the electronic bidding procedures.
Motion by Jones to receive and file the docu-
ments and adopt Resolution No. 236 -11 Di-
recting the advertisement for sale of
$6,330,000 General Obligation Bonds, Series
2011A and $1,590,000 Taxable General Obli-
gation Bonds, Series 2011B, and approving
electronic bidding procedures. Seconded by
Braig. Motion carried 7 -0.
RESOLUTION NO. 236 -11
RESOLUTION DIRECTING THE ADVER-
TISEMENT FOR SALE OF $6,330,000 GEN-
ERAL OBLIGATION BONDS, SERIES 2011A
AND $1,590,000 TAXABLE GENERAL OB-
LIGATION BONDS, SERIES 2011B, AND
APPROVING ELECTRONIC BIDDING PRO-
CEDURES
Whereas, the City of Dubuque, Iowa (the
"City ") is in need of funds to pay costs of the
acquisition, construction, reconstruction, im-
provement and equipping of waterworks, water
mains and extensions, including water main
and fire hydrant replacements, pump station
and laboratory improvements and well field
electrical upgrades; the construction of the
Southwest Arterial freeway improvements; the
acquisition of solid waste collection vehicles;
the construction of the Bee Branch Creek Res-
toration Project and the acquisition of real
property and right -of -way for the same; the
acquisition of flood control barriers; the con-
struction, reconstruction, improvement and
repair of sanitary sewer works and facilities,
including the installation of forcemain and
sewer main extensions, the rehabilitation, re-
construction and replacement of existing sani-
tary sewers, and the acquisition, installation,
replacement and improvement of pumping
stations, motors, flow monitoring and other
sanitary sewer control equipment and facilities;
and the payment of costs associated with the
stipulated civil penalty and supplemental envi-
ronmental project required under the Consent
Decree with federal and state authorities con-
cerning the Water Pollution Control Plant and
sanitary sewer system, essential corporate
purpose projects, and it is deemed necessary
and advisable that the City issue general obli-
gation bonds for said purpose in the amount of
not to exceed $7,035,000 as authorized by
Section 384.25 of the City Code of Iowa; and
Whereas, pursuant to notice published as
required by Section 384.25 this Council has
held a public meeting and hearing upon the
proposal to institute proceedings for the issu-
ance of the above described Bonds, and all
260 Regular Session, July 18, 2011 Book 141
objections, if any, to such Council action made
by any resident or property owner of said City
were received and considered by the Council;
and it is the decision of the Council that addi-
tional action be taken for the issuance of said
Bonds, and that such action is considered to
be in the best interests of said City and the
residents thereof; and
Whereas, the City also is in need of funds
to pay costs of aiding in the planning, under-
taking and carrying out of urban renewal pro-
ject activities under Chapter 403 of the Code
of Iowa and the Amended and Restated Urban
Renewal Plans for the Dubuque Industrial
Center West Economic Development District
and the Greater Downtown Urban Renewal
Area, including those costs associated with
grading and road construction on the South
Siegert Farm area of DICW, and emergency
repairs to the Port of Dubuque Parking Ramp
and related litigation expenses, and it is
deemed necessary and advisable that the City
issue general obligation urban renewal bonds
for said purpose to the amount of not to ex-
ceed $1,265,000 as authorized by Sections
403.12 and 384.24(3)(q) of the Code of Iowa;
and
Whereas, pursuant to notice published as
required by Sections 403.12 and 384.24(3)(q)
this Council has held a public meeting and
hearing upon the proposal to institute proceed-
ings for the issuance of the above described
Bonds, and no petitions were filed calling for
an election thereon and all objections, if any,
to such Council action made by any resident or
property owner of said City were received and
considered by the Council; and it is the deci-
sion of the Council that additional action be
taken for the issuance of said Bonds, and that
such action is considered to be in the best
interests of said City and the residents thereof;
and
Whereas, the City also is in need of funds
to pay costs of the rehabilitation, renovation
and reconstruction of the former 18th Street
Fire Engine House #1, including the provision
of construction financing to the private devel-
oper undertaking the rehabilitation of the
same; and the re- tamping of the Iowa Street
Parking Ramp facility, general corporate pur-
poses, and it is deemed necessary and advis-
able that the City issue general obligation
bonds for said purpose to the amount of not to
exceed $700,000 as authorized by Section
384.26 of the Code of Iowa; and
Whereas, pursuant to notice published as
required by Section 384.26 this Council has
held a public meeting and hearing upon the
proposal to institute proceedings for the issu-
ance of the above described Bonds, and no
petitions were filed calling for an election
thereon and all objections, if any, to such
Council action made by any resident or proper-
ty owner of said City were received and con-
sidered by the Council; and it is the decision of
the Council that additional action be taken for
the issuance of said Bonds, and that such ac-
tion is considered to be in the best interests of
said City and the residents thereof; and
Whereas, pursuant to Section 384.28 of
the Code of Iowa, it is appropriate to offer the
foregoing Bonds for sale in two separate se-
ries, in the aggregate principal amounts as
hereinafter described; and
hereas, a preliminary form of Official
Statement has been prepared for the purpose
of offering the Bonds for sale to the public; and
Whereas, it is appropriate that the form of
the preliminary Official Statement be approved
and deemed final and, upon completion of the
same, that the preliminary Official Statement
be used in connection with the offering of the
Bonds for sale to the public; and
Whereas, the Council has received infor-
mation from its financial advisor recommend-
ing that sealed and electronic facsimile and
internet bidding be authorized for the sale of
the Bonds, and that such procedures will main-
tain the integrity and security of the competi-
tive bidding process and facilitate the delivery
of bids by interested parties; and
Whereas, the Council deems it in the best
interests of the City and the residents thereof
to receive bids to purchase such Bonds by
means of sealed and electronic facsimile and
internet communication.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the receipt of electronic
bids by facsimile machine and through the
PARITY competitive bidding system de-
scribed in the Notice of Sale are hereby found
and determined to provide reasonable security
and to maintain the integrity of the competitive
bidding process, and to facilitate the delivery of
bids by interested parties in connection with
the offering of the Bonds hereinafter described
at public sale.
Section 2. That the preliminary Official
Statement in the form presented to this meet-
ing be and the same hereby is approved as to
form and deemed final for purposes of Rule
15c2 -12 of the Securities and Exchange
Commission, subject to such revisions, correc-
tions or modifications as the Finance Director,
upon the advice of bond counsel and the City's
financial advisor, shall determine to be appro-
priate, and is authorized to be distributed
thereafter in connection with the offering of the
Bonds for sale.
Section 3. That the City Clerk be and is
hereby authorized and directed to publish no-
tice of sale of said Bonds at least once, the
Book 141 Regular Session, July 18, 2011 261
last one of which shall be not less than four
clear days nor more than twenty days before
the date of the sale. Publication shall be made
in the Telegraph Herald, a legal newspaper,
printed wholly in the English language, pub-
lished within the county in which the Bonds are
to be offered for sale or an adjacent county.
Said notice is given pursuant to Chapter 75 of
the Code of Iowa, and shall state that this
Council, on the 1st day of August, 2011, at
6:30 o'clock P.M., will hold a meeting to re-
ceive and act upon bids for said Bonds; said
notice to be in substantially the [provided]
form:
Passed and approved this 18th day of July,
2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Iowa Finance Authority — Caradco, LLLP:
City Manager recommending approval of a
$4.5 million load utilizing funding from the Iowa
Finance Authority (IFA) to Caradco Building,
LLLP. Motion by Connors to receive and file
the documents and approve the recommenda-
tion. Seconded by Jones. Motion carried 7 -0.
International Business Machines (IBM) —
Amendment to Joint Development Agreement
No. W0954778: City Manager recommending
approval of an amendment to the existing IBM
Joint Development Agreement on Smarter
Water to extend and expand the community
access to Smarter Water information and
tools. Motion by Jones to receive and file the
documents and approve the recommendation.
Seconded by Braig. Motion carried 7 -0.
Meter Interface Units (MIU) Project: City
Manager recommending approval of a Change
Order in the estimated amount of $43,056 to
change out approximately 509 existing Nep-
tune R -900 Meter Interface Units (MIUs) with
the Neptune R -450 MIUs and the removal of
four (4) Gateway Antennas. Motion by Jones
to receive and file the documents and approve
the recommendation. Seconded by Connors.
Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Jones asked that staff evaluate the impact
of the current heat wave on employees and
citizens.
Resnick reported on the positive remarks
about the city he received from a former stu-
dent who recently moved back to Dubuque.
Connors suggested local agencies such as
Dubuque Main Street take efforts to familiarize
new residents with local events.
CLOSED SESSION
Motion by Jones to go into closed session
at 7:36 p.m. regarding pending litigation and
property acquisition pursuant to Chapter
21.5(1)(c)(j) Code of Iowa. Seconded by Braig.
Motion carried 7 -0.
Upon motion the City Council reconvened
in open session at 7:52 p.m. stating that staff
had been given proper direction.
There being no further business, upon mo-
tion the City Council adjourned at 7:53 p.m.
Kevin S. Firnstahl
Acting City Clerk
262 Regular Session, July 18, 2011 Book 141
CITY OF DUBUQUE, IOWA
CITY COUNCIL OFFICIAL
PROCEEDINGS
SPECIAL SESSION
The City Council met in special session at
5:15 p.m. on August 1, 2011 in the Historic
Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton, Assistant City Manager Steinhauser, (City
Manager Van Milligen joined at 5:23 p.m., and
City Attorney Lindahl joined at 5:20 p.m.).
Mayor Buol read the call and stated this is
a special session of the City Council to con-
duct a work session on the Green and Healthy
Homes Initiative.
WORK SESSION
GREEN AND HEALTHY HOMES INITIATIVE
Public Health Specialist Mary Rose Corri-
gan provided an overview of the work session
and introduced staff and partner representa-
tives. A slide presentation was presented by
Ms. Corrigan, Eric Dregne (Dubuque 2.0),
Lindsey Harms (Green and Health Homes
Initiatives), David Lyons (IBM /Smarter Sus-
tainable Dubuque), and Kim Glaser and Bob
Boge (Housing and Community Development).
Highlights included:
• Relationship of GHHI to the Sustain-
able Dubuque Goals
o Environmental/Ecological In-
tegrity: healthy air, clean wa-
ter, native plants & animals
o Economic Prosperity: re-
gional economy, smart en-
ergy use, resource man-
agement, community design
o Social /Cultural Vibrancy:
green buildings, healthy lo-
cal foods, community
knowledge, reasonable mo-
bility
• What is the Green & Healthy Home
Initiative?
o Weatherization, energy effi-
ciency, health, safe-
ty /education
• Current 16 Green and Health Homes
Initiatives national sites
o Dubuque is the only city un-
der 100,000 population in
the program
• Collaborative Partners: community -
based organizations and private -
sector business
• Funding Sources: Department of
Housing and Urban Development,
Community Development Block
Grant, Iowa Department of Health,
Department of Education, and the
Community Foundation of Greater
Dubuque
• Innovations and Collaborations
• LEAN - Principled Training
• Home Advocate Vision and First Pilot
Home Review
There being no further business, upon mo-
tion the City Council adjourned at 6:22 p.m.
/s/Kevin S. Firnstahl
Acting City Clerk
Book 141 Regular Session, August 1, 2011 263
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
REGULAR SESSION
The City Council met in regular session at
6:30 p.m. on August 1, 2011 in the Historic
Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton, City Manager Van Milligen, City Attorney
Lindahl
Mayor Buol read the call and stated this is
a regular session of the City Council to con-
duct such business that may properly come
before the Council.
PLEDGE OF ALLEGIANCE
Invocation was provided by Chaplain Maria
Wiblin of Hillcrest Family Services.
PROCLAMATIONS
Responsible Gaming Education Week
(August 1 -5, 2011) was accepted by Todd
Moyer of the Diamond Jo Casino and Brian
Southwood of Mystique Casino; United Way
Campaign Time was accepted by Judy Wolf,
United Way Campaign Co- Chair.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 7 -0.
Minutes and Reports Submitted: City
Council proceedings of 7/18; Electrical Code
Board of 5/23; Housing Commission of 5/24;
Human Rights Commission of 5/9; Long
Range Planning Advisory Commission of 7/20;
Safe Community Advisory Committee of 7/13
Library Board of Trustees Update from
Meeting of 6/28
Proof of Publication of City Council Pro-
ceedings of 7/5 and 7/6
Upon motion the documents were received
and filed.
Notice of Claims /Suits: Benjamin Heider -
scheit for vehicle damage; Abby and Marty
Kluesner for vehicle damage; Cole Schiel for
personal injury. 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 Com-
munities Assurance Pool: Benjamin Heider -
scheit for vehicle damage; Mark Jennings for
vehicle damage; Marty Kluesner for vehicle
damage. Upon motion the documents were
received, filed and concurred.
U.S. Mayor Magazine: City Manager
transmitting two articles from US Mayor Maga-
zine entitled "Mayors Explore Opportunities for
Cities to Work Smarter Using Technology,"
and "Houston, Evanston Win 2011 Mayors
Climate Protection Awards," which mention
Dubuque and Mayor Roy Boul. Upon motion
the documents were received and filed.
Carnegie -Stout Public Library Renovation
Project — Contract No. 2 — Doors, Frames and
Hardware: City Manager recommending ac-
ceptance of the Carnegie -Stout Public Library
Renovation Project, Contract No. 2 — Doors,
Frames and Hardware (supply materials only),
as completed by Doors, Inc., in the final con-
tract amount of $95,791.00. Upon motion the
documents were received and filed and Reso-
lution No. 236A -11 Accepting the Carnegie -
Stout Public Library Renovation Project, Con-
tract No. 2 — Doors, Frames and Hardware
(supply only) and authorizing the payment of
the contract amount to the contractor was
adopted.
RESOLUTION NO. 236A -11
ACCEPTING THE CARNEGIE -STOUT PUB-
LIC LIBRARY RENOVATION PROJECT,
CONTRACT NO. 2 — DOORS, FRAMES AND
HARDWARE (SUPPLY ONLY) AND AU-
THORIZING THE PAYMENT OF THE CON-
TRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Carnegie -Stout Public Library Renova-
tion Project, Contract No. 2 — Doors, Frames
and Hardware (Supply Only) has been com-
pleted and the City Engineer has examined the
work and filed a certificate stating that the Pro-
ject 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), Li-
brary Renovation General Funds, Library
Fund - Raising (cash and pledges), Curtis Col-
264 Regular & Special Sessions, August 15, 2011 Book 141
lection Sale, and Heade Painting Sale appro-
priations for the contract amount of $95,791.00
less any retained percentage provided for
therein as provided in Iowa Code Chapter 573,
and to pay such retainage only in accordance
with the provisions of Iowa Code Chapter 573.
Passed, approved and adopted this 1st
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE CARNEGIE -STOUT
PUBLIC LIBRARY RENOVATION PROJECT,
CONTRACT NO. 2 — DOORS, FRAMES AND
HARDWARE (SUPPLY ONLY)
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. 2 — Doors,
Frames and Hardware (Supply Only), 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
$95,791.00.
Dated this 21st day of July, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 25th
day of July, 2011.
Kevin S. Firnstahl, Acting City Clerk
Carnegie -Stout Public Library Renovation
Project Contract No. 5 — Acoustical Tile Ceil-
ings: City Manager recommending acceptance
of the Carnegie -Stout Public Library Renova-
tion Project, Contract No. 5 — Acoustical Tile
Ceilings, as completed by Artisan, in the final
contract amount of $102,627.74. Upon motion
the documents were received and filed and
Resolution No. 237 -11 Accepting the Carne-
gie -Stout Public Library Renovation Project,
Contract No. 5 — Acoustical Tile Ceilings and
authorizing the payment of the contract
amount to the contractor was adopted.
RESOLUTION NO. 237 -11
ACCEPTING THE CARNEGIE -STOUT PUB-
LIC LIBRARY RENOVATION PROJECT,
CONTRACT NO. 5 — ACOUSTICAL TILE
CEILINGS AND AUTHORIZING THE PAY-
MENT OF THE CONTRACT AMOUNT TO
THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Carnegie -Stout Public Library Renova-
tion Project, Contract No. 5 — Acoustical Tile
Ceilings has been completed and the City En-
gineer has examined the work and filed a cer-
tificate stating that the Project has been com-
pleted according to the terms of the Public
Improvement Contract and that the City Engi-
neer recommends that the Project be accept-
ed.
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), Li-
brary Renovation General Funds, Library
Fund - Raising (cash and pledges), Curtis Col-
lection Sale, and Heade Painting Sale appro-
priations for the contract amount of
$102,627.74 less any retained percentage
provided for therein as provided in Iowa Code
Chapter 573, and to pay such retainage only in
accordance with the provisions of Iowa Code
Chapter 573.
Passed, approved and adopted this 1st
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE CARNEGIE -STOUT
PUBLIC LIBRARY RENOVATION PROJECT,
CONTRACT NO. 5 — ACOUSTICAL TILE
CEILINGS.
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. 5 — Acousti-
cal Tile Ceilings, 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
$102,627.74.
Dated this 21st day of July, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 25th
day of July, 2011.
Kevin S. Firnstahl, Acting City Clerk
Zoning Advisory Commission: Communica-
tion from Jeff Stiles submitting his resignation
from the Zoning Advisory Commission. Upon
motion the document was received, filed and
the resignation accepted.
Indiana Subdivision — Acceptance of Quit
Claim Deed: City Manager recommending
acceptance of the Quit Claim Deed for the
storm water detention facility in Indiana Subdi-
vision. Upon motion the documents were re-
ceived and filed and Resolution No. 238 -11
Accepting a conveyance of property in Indiana
Subdivision to the City of Dubuque for storm
water detention facilities was adopted.
Book 141 Regular Session, August 1, 2011 265
RESOLUTION NO. 238 -11
ACCEPTING A CONVEYANCE OF PROP-
ERTY IN INDIANA SUBDIVISION TO THE
CITY OF DUBUQUE FOR STORM WATER
DETENTION FACILITIES
Whereas, KZ Investments, LLC pursuant to
Resolution No. 341 -05 approving the Final Plat
of Indiana Subdivision, which KZ Investments,
LLC agreed to construct storm water detention
facilities in compliance with improvement plans
approved by the City Engineer; and
Whereas, KZ Investments, LLC has con-
structed said improvements on Lot A of Indi-
ana Subdivision; and
Whereas, KZ Investments, LLC has exe-
cuted a conveyance of said Lot A.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Quit Claim Deed from KZ
Investments, LLC, copies of which are at-
tached hereto, as required by Iowa Code Sec-
tion 569.7.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Passed, adopted and approved this 1st
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
MWH Americas, Inc. / MidAmerica Energy
Company: City Manager recommending ap-
proval of the execution of the City's License
Agreement for the soil boring and monitoring
well installations on City right -of -way for the
continued environmental assessment of the
former Peoples Natural Gas site. Upon motion
the documents were received and filed and
Resolution No. 239 -11 Authorizing License
Agreement for site assessment between the
City of Dubuque and Theile Geotech, Inc., to
conduct soil borings and install monitoring
wells on public right -of -way in the area of 925
Kerper Boulevard was adopted.
RESOLUTION NO. 239 -11
AUTHORIZING LICENSE AGREEMENT FOR
SITE ASSESSMENT BETWEEN THE CITY
OF DUBUQUE AND THIELE GEOTECH, INC.
TO CONDUCT SOIL BORINGS AND IN-
STALL MONITORING WELLS ON PUBLIC
RIGHT -OF -WAY IN THE AREA OF 925
KERPER BOULEVARD
Whereas, MWH Americas, Inc. (MWH), on
behalf of MidAmerican Energy Company, has
requested permission from the City of Dubu-
que to conduct eight soil borings and to install
two monitoring wells on City right -of -way east
of 925 Kerper Boulevard in Dubuque, Iowa, for
the purpose of evaluating impacted groundwa-
ter that may be associated with the former
Peoples Natural Gas (PGN) site; and
Whereas, the License Agreement for Site
Assessment has been prepared outlining the
responsibilities of MHW in the installation of
monitor wells and in the performance of soil
borings on public right -of -way; and
Whereas, the performance of the activities
of MWH will be at no cost or expense to the
City, and all work will be performed by MWH,
or its employees, agents or subcontractors;
and
Whereas, it is the desire of the City Council
to approve said License Agreement for Site
Assessment for the installation of monitoring
wells and soil borings in the public right -of -way
as requested.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The License Agreement for Site
Assessment be and the same is hereby ap-
proved.
Section 2. That the Mayor be and is hereby
authorized to execute said License Agreement
for and on behalf of the City Council.
Passed, approved and adopted this 1st
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Request for Proposal — Public Safety Soft-
ware: City Manager recommending approval of
the release of a Request for Proposal for pub-
lic safety software for Dubuque County and
City of Dubuque emergency operations. Upon
motion the documents were received, filed,
and approved.
Purchase of Service Agreement — Dubu-
que County Iowa State University Extension:
City Manager recommending approval of a
Purchase of Service Agreement with Dubuque
County Iowa State University Extension for
operating costs for recreation programs as part
of the Neighborhood Recreation Program.
Upon motion the documents were received,
filed, and approved.
Purchase of Service Agreement — Four
Mounds Foundation: City Manager recom-
mending approval of a Purchase of Service
Agreement with Four Mounds Foundation for
operating costs for the Day Camp Program as
part of the summer Neighborhood Recreation
Program. Upon motion the documents were
received, filed, and approved.
266 Regular & Special Sessions, August 15, 2011 Book 141
Purchase of Service Agreement — Hills and
Dales Senior Programs: City Manager recom-
mending approval of a Purchase of Service
Agreement with Hills and Dales for operating
costs for the Lifetime Center to provide educa-
tional, recreational and social programs to
senior citizens at 3505 Stoneman Road. Upon
motion the documents were received, filed,
and approved.
Purchase of Service Agreement — North-
east Iowa School of Music: City Manager rec-
ommending approval of a Purchase of Service
Agreement with the Northeast Iowa School of
Music for operating costs for providing music
lessons for nine children as part of the summer
Uptown Recreation Program. Upon motion the
documents were received, filed, and approved.
Purchase of Service Agreement — Opening
Doors for Emergency and Transitional Hous-
ing: City Manager recommending approval of a
Purchase of Service Agreement with Opening
Doors for operating costs for operational costs
for Teresa Shelter, an emergency shelter for
28 women and children, and Maria House, a
transitional facility the houses up to 18 women
and children. Upon motion the documents
were received, filed, and approved.
Purchase of Service Agreement — Project
Concern, Inc., Information and Referral and
Child Care Referral: City Manager recom-
mending approval of a Purchase of Service
Agreement with Project Concern, Inc. to help
provide financial counseling and medical ser-
vices information and referral services, and
child care resource and referral services to
low- and moderate - income residents of the
City of Dubuque. Upon motion the documents
were received, filed, and approved.
Purchase of Service Agreement — Wash-
ington Neighborhood Tool Library: City Man-
ager recommending approval of a Purchase of
Service Agreement with the Washington Tool
Library to provide lending free tools and
equipment for low and moderate income per-
sons. Upon motion the documents were re-
ceived, filed, and approved.
First Half of 2011 Weed /Junk/Garbage As-
sessments: City Manager recommending the
levy of special assessments for the first half of
the 2011 Weed /Junk/Garbage Enforcement
Program in the total amount of $1,565, which
is being levied against 14 separate parcels of
property. Upon motion the documents were
received and filed and Resolution No. 240 -11
Adopting the Schedule of Assessments for first
half of 2011 and directing the Acting City Clerk
to certify the Schedule of Assessments to the
County Treasurer and to publish notice thereof
was adopted.
RESOLUTION NO. 240 -11
ADOPTING THE SCHEDULE OF ASSESS-
MENTS FOR FIRST HALF OF 2011 AND
DIRECTING THE ACTING CITY CLERK TO
CERTIFY THE SCHEDULE OF ASSESS-
MENTS TO THE COUNTY TREASURER
AND TO PUBLISH NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the Sched-
ule of Assessments attached hereto for
weed /grass cutting and junk/garbage removal
tax assessments which Schedule of Assess-
ments was filed in the office of the City Clerk
on the 26th day of July, 2011, the said Sched-
ule of Assessments be and the same is hereby
approved and adopted.
That there be, and is hereby assessed and
levied as a lien upon the real property, the
respective sums indicated.
That the Acting City Clerk be and is hereby
directed to certify said schedule to the County
Treasurer of Dubuque County, Iowa, and to
publish notice of said certification once each
week for two consecutive weeks in the manner
provided in Iowa Code § 362.3, the first publi-
cation of which shall be not more than fifteen
days from the date of filing of the final sched-
ule. On or before the date of the second publi-
cation of the notice, the City Clerk shall also
mail a copy of said notice to property owners
whose property is subject to assessment, as
provided and directed in Iowa Code § 384.60.
The assessments may be paid in full or in
part without interest at the Utility Billing Office,
City Hall, 50 W. 13th Street, Dubuque, Iowa, at
any time within 30 days after the date of the
first publication of the notice of the filing of the
Schedule of Assessments with the County
Treasurer. After 30 days, unpaid assessments
are payable at the County Treasurer's Office,
Dubuque County Courthouse, 720 Central
Avenue, Dubuque, Iowa, and charges shall be
collected in the same manner as general
property taxes against the respective parcels
of the property set opposite the name of the
property owner.
Passed, approved and adopted this 1st
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Schedule of Assessments
1st Half of 2011
Weed /Grass/Garbage /Junk Liens
Tanzanite, 591;Wells Fargo Bank NA, C/O
Pennymac Corp, PO Box 30597, Los Angeles
CA 90030;1002479029;Lot 1 -4 Emerald Acres
Book 141 Regular Session, August 1, 2011 267
# 4;weeds/grass;$77.50
Tanzanite, 601;Spiros & Eugenia Nasi-
opoulos, 601 Tanzanite Dr Dubuque IA
52001;1002479016;Lot 1 -1 Emerald Acres #
4; W e ed s/g rass; $77. 50
Vizaleea, 1713;Kellie Kaiser, 1713
Vizaleea, Dubuque IA 52002;1021457012;Lot
2 Blk 7 Key Knolls Sub; Weeds /grass;$95.00
West 3rd, 1815;Corey Bonner, 1815 W
3rd St., Dubuque IA 52001;1026252022;Lots
13, 13A, 14 & 14A all in Hodges Sub #
2; W e ed s/g rass; $95. 00
Smart Planning Consortium Update: City
Manager transmitting an update on the June
22 and July 13, 2011 Smart Planning Consor-
tium meetings on the Dubuque County Re-
gional Smart Plan for Council review and
feedback. Upon motion the documents were
received and filed.
Federal Emergency Management Agency
(FEMA) Flood Management Measures: City
Manager recommending approval of a letter to
be sent to the Federal Emergency Manage-
ment Agency (FEMA) regarding the City's ef-
forts to implement the required floodplain
management measures for participation in the
National Flood Insurance Program. Upon mo-
tion the documents were received, filed, and
approved.
Salt Handling Agreement: City Manager
recommending approval of a salt handling
contract with Gavilon Grain, LLC, d /b /a Peavey
Company for the 2011 -2012 season at $5.00
per ton. Upon motion the documents were
received, filed, and approved.
Morton Salt, Inc. Agreement: City Manager
recommending approval of a one -year
(through May 31, 2012) salt storage and han-
dling agreement with representatives of Mor-
ton Salt, Inc. Upon motion the documents were
received, filed, and approved.
Flexsteel Industries, Inc. — State of Iowa
Direct Financial Assistance: City Manager rec-
ommending approval of a contract with the
Iowa Department of Economic Development
(IDED) for Iowa Values Funds Financial Assis-
tance benefits on behalf of Flexsteel Indus-
tries, Inc., for a corporate headquarters located
in Dubuque. Upon motion the documents were
received and filed and Resolution No. 241 -11
Approving an Iowa Values Fund Financial As-
sistance contract by and among the Iowa De-
partment of Economic Development, the City
of Dubuque and Flexsteel Industries, Inc., was
adopted.
RESOLUTION NO. 241 -11
APPROVING AN IOWA VALUES FUND FI-
NANCIAL ASSISTANCE CONTRACT BY
AND AMONG THE IOWA DEPARTMENT OF
ECONOMIC DEVELOPMENT, THE CITY OF
DUBUQUE AND FLEXSTEEL INDUSTRIES,
INC.
Whereas, the Flexsteel Industries, Inc. ap-
plication was approved by the Iowa Depart-
ment of Economic Development on April 21,
2011; and
Whereas, the Iowa Department of Eco-
nomic Development has prepared and submit-
ted for City Council approval a contract relating
to Iowa Values Fund Financial Assistance
benefits for Flexsteel Industries, Inc. a copy of
which is attached hereto and by this reference
made a part hereof; and
Whereas, the City Council finds that the
proposed contract is acceptable and neces-
sary to the growth and development of the city.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of
Economic Development Iowa Values Fund
Financial Assistance contract, Number 11-
IVF/TC-70, is hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Contract
on behalf of the City of Dubuque and forward
the executed copy to the Iowa Department of
Economic Development for their approval.
Passed, approved, and adopted this 1st
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Helping Services of Northeast Iowa: Com-
munication from David Runyon, Executive
Director of Helping Services of Northeast Iowa,
thanking the City Council for its support and
budget assistance. Upon motion the document
was received and filed.
Liquor License Applications: City Manager
recommending approval of annual liquor li-
cense renewals as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 242 -11 Granting the issuance of a
Class "C" Beer /Liquor License to Shannon's
Bar & Grill, Torero, and Eagle Club (1 -Day
Outdoor Sale); and a Special Class "C" Liquor
License (5 -Day Special Event) to the Dubuque
Jaycees was adopted.
RESOLUTION NO. 242 -11
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval and the same have been examined and
approved; and
Whereas, the premises to be occupied by
268 Regular & Special Sessions, August 15, 2011 Book 141
such applicants were inspected and found to
comply with the State Laws and all City Ordi-
nances 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
Shannon' Bar & Grill, Shannon's Bar & Grill
+(Sunday Sale), 521 E. 22nd St.
Torero, LLC, Torero +(Sunday Sale), 285
Main St.
DBQ Eagle's Club, Eagle Club (1 Day Out-
door Sale), 1175 Century Dr.
SPECIAL CLASS "C" LIQUOR (5 -DAY SPE-
CIAL EVENT)
Dubuque Jaycee, Dubuque Jaycees, Al-
Iiant Amphitheater
Passed, approved and adopted thislst day
of August, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7 -0.
Pump Room Roof Replacement Project:
City Manager recommending approval of the
preliminary specifications for the Pump Room
Roof Replacement Project, and initiation of the
bidding process and that a public hearing be
set for August 15, 2011. Upon motion the doc-
uments were received and filed and Resolution
No. 243 -11 Preliminary approval of the specifi-
cations, form of contract, and estimated cost;
setting date of public hearing on the specifica-
tions, 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 August 15, 2001
in the Historic Federal Building.
RESOLUTION No. 243 -11
PUMP ROOM ROOF REPLACEMENT
PRELIMINARY APPROVAL OF THE SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF
PUBLIC HEARING ON THE SPECIFICA-
TIONS, FORM OF CONTRACT, AND ESTI-
MATED COST; AND ORDERING THE AD-
VERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed specifications, form of con-
tract and estimated cost for the construction
cost to replace the pump room roof in an esti-
mated amount of $121,000.00 are hereby pre-
liminarily approved and ordered filed in the
office of the City Clerk for public inspection.
A public hearing will be held on the 15th
day of August, 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 specifica-
tions, 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 pub-
lished in a newspaper having general circula-
tion 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 Pump Room Roof Replacement pro-
ject 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 Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the improvements herein pro-
vided, 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 before 10:00 a.m.
on the 23rd day of August. Bids shall be
opened and read by the City Clerk at 10:00
a.m. and will be submitted to the City Council
for final action at the public hearing at 6:30
p.m. on the 6th day of September, in the His-
toric Federal Building Council Chambers (Se-
cond Floor), 350 West 6th Street, Dubuque,
Iowa.
Passed, adopted
day of August, 2011.
Attest: Kevin Firnstahl,
and approved this 1st
Roy D. Buol, Mayor
Acting City Clerk
Green Industrial Supply Development
Agreement and Land Sale: City Manager rec-
ommending that a public hearing be set for
August 15, 2011, on the disposition of approx-
imately 24.506 acres of property in Dubuque
Industrial Center West to Green Industrial
Supply, Inc., and Green Industrial Properties,
LLC for the purpose of constructing a 140,000
square -foot office/distribution and light manu-
Book 141 Regular Session, August 1, 2011 269
facturing facility pursuant to a development
agreement with the City and the use of Urban
Renewal Tax Increment Revenue Obligations.
Upon motion the documents were received
and filed and Resolution No. 244 -11 Resolu-
tion of Intent to dispose of an interest in City of
Dubuque real estate and fixing the date for a
public hearing of the City Council of the City of
Dubuque, Iowa, on the proposed issuance of
Urban Renewal Tax Increment Revenue Obli-
gations and the execution of a Development
Agreement relating thereto with Green Indus-
trial Supply, Inc., and Green Industrial Proper-
ties, LLC 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 August 15, 2011 in the Historic Feder-
al Building.
RESOLUTION NO. 244 -11
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE AND
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE PROPOSED
ISSUANCE OF URBAN RENEWAL TAX IN-
CREMENT REVENUE OBLIGATIONS AND
THE EXECUTION OF A DEVELOPMENT
AGREEMENT RELATING THERETO WITH
GREEN INDUSTRIAL SUPPLY, INC. AND
GREEN INDUSTRIAL PROPERTIES, LLC
AND PROVIDING FOR THE PUBLICATION
OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City)
is the owner of the following real property (the
Property); Lot 3 of Dubuque Industrial Center
North First Addition in the City of Dubuque,
Iowa; and
Whereas, City and Green Industrial Sup-
ply, Inc. and Green Industrial Properties, LLC
have entered into a Development Agreement,
subject to the approval of the City Council, a
copy of which is now on file at the Office of the
City Clerk, City Hall, 13th and Central Avenue,
Dubuque, Iowa, pursuant to which City will
convey the Property to Green Industrial Sup-
ply, Inc. and Green Industrial Properties, LLC
as shown on Exhibit A attached hereto; and
Whereas, the City Council has tentatively
determined that it would be in the best inter-
ests of the City to approve the Development
Agreement, including the conveyance of the
Property to Green Industrial Supply, Inc. and
Green Industrial Properties, LLC; and
Whereas, it is deemed necessary and ad-
visable that City should authorize Urban Re-
newal Tax Increment Revenue obligations, as
provided by Chapter 403 of the Code of Iowa,
and to enter into the Development Agreement
relating thereto for the purpose of carrying out
an Urban Renewal Plan as hereinafter de-
scribed; 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 by Deed to Green Industri-
al Supply, Inc. and Green Industrial Properties,
LLC.
Section 2. The City Clerk is hereby author-
ized 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
City's intent to dispose of the foregoing -
described Property, to be held on the 15th day
of August, 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 City Council will also meet
at said time and place for the purpose of taking
action on the matter of authorizing Urban Re-
newal Tax Increment Revenue obligations and
the execution of the Development Agreement
relating thereto with Green Industrial Supply,
Inc. and Green Industrial Properties, LLC the
proceeds of which obligations will be used to
carry out certain of the special financing activi-
ties described in the Urban Renewal Plan for
the Dubuque Industrial Center Economic De-
velopment District, consisting of the funding of
economic developments grants to Green In-
dustrial Supply, Inc. and Green Industrial
Properties, LLC pursuant to the Development
Agreement under the terms and conditions of
said Urban Renewal Plan. It is expected that
the aggregate amount of the Tax Increment
Revenue obligations will be approximately
$1,770,000.
Section 4. 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 circula-
tion in said City, said publication to be not less
than four days nor more than twenty days be-
fore the date of said meeting on the issuance
of said obligations.
Section 5. That the notice of the proposed
action to issue said obligations shall be in sub-
stantially the form attached hereto.
Passed, approved and adopted this 1st
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
270 Regular & Special Sessions, August 15, 2011 Book 141
Paragon Square — Urban Renewal Tax In-
crement Revenue Notes: City Manager rec-
ommending that a public hearing be set for
August 15, 2011, on the sale of Tax Increment
Financing Bonds up to $350,000 to assist in
the renovation of the former Holy Ghost
School and Convent buildings. Upon motion
the documents were received and filed and
Resolution No. 245 -11 Fixing the date for a
meeting on the proposition of the issuance of
not to exceed $350,000 Urban Renewal Tax
Increment Revenue Notes of Dubuque, Iowa,
and providing for publication of notice thereof
was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on August
15, 2011 in the Historic Federal Building.
RESOLUTION NO. 245 -11
RESOLUTION FIXING DATE FOR A MEET-
ING ON THE PROPOSITION OF THE ISSU-
ANCE OF NOT TO EXCEED $350,000 UR-
BAN RENEWAL TAX INCREMENT REVE-
NUE NOTES OF DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION OF NO-
TICE THEREOF
Whereas, it is deemed necessary and ad-
visable that the City of Dubuque, Iowa should
issue Urban Renewal Tax Increment Revenue
Notes to the amount of not to exceed
$350,000, as authorized by Section 403.9 of
the Code of Iowa, for the purpose of providing
funds to pay costs of carrying out a project as
hereinafter described; and
Whereas, Section 403.9 sets forth the pro-
cedural action required to be taken before said
Urban Renewal Tax Increment Revenue Notes
may be issued, and it is therefore necessary
that the action hereinafter described be taken
and that the Clerk publish a notice of the pro-
posal and of the time and place of the meeting
at which the Council proposes to take action
thereon and to receive oral and /or written ob-
jections from any resident or property owner of
said City to such action.
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,
Dubuque, Iowa, at 6:30 o'clock P.M., on the
15th day of August, 2011, for the purpose of
taking action on the matter of the issuance of
not to exceed $350,000 Urban Renewal Tax
Increment Revenue Notes, the proceeds of
which will be used to provide funds to pay
costs of aiding in the planning, undertaking
and carrying out of urban renewal project ac-
tivities under the authority of Chapter 403 of
the Code of Iowa and the Urban Renewal Plan
for the Holy Ghost Urban Renewal District,
including those costs associated with the fund-
ing of economic development grants to Para-
gon Square, LLC, an Illinois limited liability
company, under the terms of a Development
Agreement between the City of Dubuque and
Paragon Square, LLC, as the same may be
amended from time to time, and the funding of
related reserves and payment of capitalized
interest and the costs of issuance of the Notes.
Section 2. That the Clerk is hereby directed
to cause at least one publication to be made of
a notice of said meeting, in a legal newspaper,
printed wholly in the English language, pub-
lished at least once weekly, and having gen-
eral 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 on the issuance of said obligations.
Section 3. The notice of the proposed ac-
tion to issue said Urban Renewal Tax Incre-
ment Revenue Notes shall be in substantially
the [provided] form.
Passed and approved this 1st day of
August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Dubuque Regional Airport — Conservation
Easement: City Manager recommending a
public hearing be set for August 15, 2011 to
dispose of an interest in City property as set
forth in the Declaration of Conservation Cove-
nants and Restriction Conservation Easement
on the specified property at the Dubuque Re-
gional Airport. Upon motion the documents
were received and filed and Resolution No.
246 -11 Resolution of Intent to dispose of an
interest in City of Dubuque real estate and
fixing the date for a public hearing of the City
Council of the City of Dubuque, Iowa, on the
proposed disposition of City -owned property in
the form of a Declaration of Conservation
Covenants and Restrictions and providing for
the publication of notice thereof was adopted
setting a public hearing for a meeting to com-
mence at 6:30 p.m. on August 15, 2011 in the
Historic Federal Building.
RESOLUTION NO. 246 -11
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE AND
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE PROPOSED
DISPOSITION OF CITY OWNED PROPERTY
IN THE FORM OF A DECLARATION OF
CONSERVATION COVENANTS AND RE-
STRICTIONS AND PROVIDING FOR THE
PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) is
the owner of the real property described in the
attached Declaration of Conservation
Covenants and Restrictions; and
Book 141 Regular Session, August 1, 2011 271
Whereas, the City Council has determined
that it would be in the best interests of the City to
restrict the use of the property described in the
Declaration of Conservation Covenants and
Restrictions.
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 an interest in the foregoing- described
Property as described in the attached
Declaration of Conservation Covenants and
Restrictions.
Section 2. The City Clerk is hereby author-
ized 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
City's intent to dispose of the foregoing -
described Property, to be held on the 15th day
of August, 2011, at 6:30 o'clock p.m. in the City
Council Chambers at the Historic Federal Build-
ing, 350 W. 6th Street, Dubuque, Iowa.
Section 3. The City Clerk is hereby di-
rected to cause at least one publication to be
made of a notice of said meeting, in a news-
paper, 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.
Passed, approved and adopted this 1st
day of August, 2011.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Published officially in the Telegraph - Herald
Newspaper the 5th day of August, 2011.
/s/Kevin S. Firnstahl
BOARDS /COMMISSIONS
Applicants were invited to address the City
Council regarding their desire to serve on the
following Boards /Commissions: Housing
Commission: Three 3 -year terms through Au-
gust 17, 2014 (Expiring terms of Eudaley, Ro-
gaskie, and Ronek). Applicants: Amy Eudaley,
950 Wood Street; Patricia Rogaskie, 1502 '/%
Maple Street; Regine Ronek, 2282 White
Street. Ms. Eudaley spoke in support of her
appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
Redistricting Plan for City Wards and Pre-
cincts (Tabled from July 18, 2011). Proof of
Publication on notice of public hearing to re-
view and approve the 2011 redistricting Plan
for City Wards and Precincts and the Precinct
Agreement with Dubuque County, and the City
Manager recommending approval. Motion by
Jones to remove from the table and reopen the
public hearing. Seconded by Braig. Motion
carried 7 -0.
Motion by Jones to receive and file the
documents, approve the agreement 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. Motion carried 7 -0.
Motion by Jones for final consideration and
passage of Ordinance No. 38 -11 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by repeal-
ing Chapter 8, Elections, and adopting in lieu
thereof a new Chapter 8, Elections, establish-
ing boundaries for four (4) wards and twenty
(20) precincts. Seconded by Braig. Motion
carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 38 -11
AMENDING TITLE 1 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, BY
REPEALING CHAPTER 8, ELECTIONS,
WARDS AND PRECINCTS, AND ADOPTING
IN LIEU THEREOF A NEW CHAPTER 8,
ELECTIONS, WARDS AND PRECINCTS,
ESTABLISHING BOUNDARIES FOR FOUR
(4) WARDS AND TWENTY (20) PRECINCTS.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 8 of the City of Dubu-
que Code of Ordinances is hereby repealed.
Section 2. A new Chapter 8 of the City of
Dubuque Code of Ordinances, attached hereto
and incorporated herein, is hereby adopted.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 1st
day of August, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, Acting City Clerk
Published officially in the Telegraph Herald
Newspaper the 5th day of August, 2011.
/s /Kevin S. Firnstahl, Acting City Clerk
ARTICLE 1: IN GENERAL
Section 1 -8 -1. Definitions and rules of con-
struction
For purposes of this chapter, unless the
context otherwise requires, the following defini-
tions and rules or construction shall be ap-
plied.
Points of the compass are approximate un-
less otherwise stated.
272 Regular & Special Sessions, August 15, 2011 Book 141
All names, boundaries, lines, features and
fixtures are to be construed as they existed on
the effective date of this chapter.
Annexed territory means territory annexed
to the City after the effective date of this chap-
ter.
City includes all territory within the corpo-
rate limits of the City of Dubuque and all an-
nexed territories.
Commissioner of elections means the
County Auditor of Dubuque County.
Corporate limits mean the corporate limits
of the city on the effective date of this chapter.
Street or similar language means the cen-
terline of the right -of -way and a straight exten-
sion of that centerline.
Section 1 -8 -2. Correction of errors.
(a) Correction of errors. If this chapter
fails to place any part of the city with-
in a precinct or ward established by
this chapter, the Commissioner of
Elections shall assign the omitted ar-
ea to an adjacent precinct or ward
within the same legislative district. If
this chapter places any of the city in
more than one precinct or ward es-
tablished by this chapter, the Com-
missioner of Elections shall assign
that territory to an adjacent precinct
or ward within the proper legislative
district. The Commissioner of Elec-
tions may also correct obvious cleri-
cal errors in this chapter.
(b) Annexation of territory: When terri-
tory is annexed to the city, the City
Council may attached all or any part
of the annexed territory to any estab-
lished precinct or precincts, which are
contiguous to the annexed territory;
however, this subsection shall not
prohibit establishment of one or more
new precincts in the annexed territo-
ry.
ARTICLE 2. PRECINCTS
Section 1 -8 -3: City divided into 20 pre-
cincts.
The City is hereby divided into 20 precincts
as described in this Article.
Section 1 -8 -4: Precinct 1
The 1st Precinct is described as that por-
tion of the city of Dubuque and Dubuque
County bounded by a line beginning at the
point that the southbound lane of U.S. High-
way 52/61/151 intersects South Grandview
Avenue, thence southerly along the south-
bound lane of U.S. Highway 52/61/151 until it
intersects the boundary of the city of Dubuque,
thence easterly along the boundary of the city
of Dubuque until it intersects the boundary of
Mosalem Township, thence southerly along
the boundary of Mosalem Township until it
intersects the boundary of the city of Dubuque,
thence southwesterly and then northerly along
the boundary of the city of Dubuque until its
intersects North Cascade Road, thence east-
erly along North Cascade Road until it inter-
sects Cedar Cross Road, thence southeasterly
along Cedar Cross Road until it intersects
Fremont Avenue, thence northeasterly along
Fremont Avenue until it intersects the Chicago
Central and Pacific Railroad, thence south-
easterly along the Chicago Central and Pacific
Railroad until it intersects Rockdale Road,
thence northerly along Rockdale Road until it
intersects Southern Avenue, thence northerly
along Southern Avenue until it intersects Ar-
rowhead Drive, thence westerly along Arrow-
head Drive until it intersects Wallis Place,
thence easterly along Wallis Place until it in-
tersects Indian Ridge, thence northerly along
Indian Ridge until it intersects the northwest
bound lane of South Grandview Avenue,
thence easterly along the northwest bound
lane of South Grandview Avenue to the point
of origin at the intersection of South Grandview
Avenue and the southbound lane of U.S.
Highway 52/61/151.
Section 1 -8 -5: Precinct 2
The 2nd Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that the northwest
bound lane of South Grandview Avenue inter-
sects Indian Ridge, thence southerly and
westerly along the boundary of Precinct 1 until
it intersects the boundary of the city of Dubu-
que, thence northwesterly along the boundary
of the city of Dubuque until it intersects the
boundary of Census Block 1026, Tract 101.04,
thence northerly along the boundary of Census
Block 1026, Tract 101.04 until it intersects the
eastbound lane of Dodge Street, thence east-
erly along the eastbound lane of Dodge Street
until it intersects the northbound lane of the
Northwest Arterial, thence northerly along the
northbound lane of the Northwest Arterial until
it intersects the westbound lane of Dodge
Street, thence easterly along the westbound
lane of Dodge Street until it intersects Century
Drive, thence southerly along Century Drive
until it intersects the eastbound lane of Dodge
Street, thence easterly along the eastbound
lane of Dodge Street until it intersects the
eastbound Fremont Avenue off -ramp, thence
easterly along the eastbound Fremont Avenue
off -ramp until it intersects the south bound lane
of South Grandview Avenue, thence southerly
along the southbound lane of South
Grandview Avenue until it intersects Hender-
son Street, thence northeasterly along Hen-
derson Street until it intersects the northbound
lane of South Grandview Avenue, thence
southerly along the northbound lane of South
Grandview Avenue until it intersects State
Book 141 Regular Session, August 1, 2011 273
Street, thence southerly along State Street
until it intersects the southbound lane of South
Grandview Avenue, thence southerly along the
southbound lane of South Grandview Avenue
until it intersects Adeline Street, thence easter-
ly along Adeline Street until it intersects the
northbound lane of South Grandview Avenue,
thence southerly along the northbound lane of
South Grandview Avenue to the point of origin
at the intersection of the northwest bound lane
of South Grandview Avenue and Indian Ridge.
Section 1 -8 -6: Precinct 3
The 3rd Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the intersection of Steger Lane
and the eastbound lane of Dodge Street,
thence westerly along the eastbound lane of
Dodge Street until it intersects Century Drive,
thence northerly along Century Drive until it
intersects Sylvan Drive, thence northerly along
Sylvan Drive until it intersects Pennsylvania
Avenue, thence westerly along Pennsylvania
Avenue until it intersects the southbound lane
of the Northwest Arterial, thence northerly
along the southbound lane of the Northwest
Arterial until it intersects the north fork of Cat-
fish Creek, thence easterly along the north fork
of Catfish Creek until it intersects Keyway
Drive, thence northerly along Keyway Drive
until it intersects Hillcrest Road, thence easter-
ly along Hillcrest Road until it intersects John
F. Kennedy Road, thence southerly along
John F. Kennedy Road until it intersects Penn-
sylvania Avenue, thence easterly along Penn-
sylvania Avenue until it intersects Drexel Ave-
nue, thence southerly along Drexel Avenue
until it intersects Van Buren Street, thence
northwesterly along Van Buren Street until it
intersects the Catfish Creek North Branch,
thence southerly along the Catfish Creek North
Branch until it intersects an unnamed road,
thence southeasterly along the unnamed road
until it intersects University Avenue, thence
southwesterly along University Avenue until it
intersects the north fork of Catfish Creek,
thence southeasterly along the north fork of
Catfish Creek until it intersects the westbound
lane of Dodge Street, thence easterly along
the westbound lane of Dodge Street until it
intersects Steger Lane thence southerly along
Steger Lane to the point of origin at the inter-
section of the eastbound lane of Dodge Street
and Steger Lane.
Section 1 -8 -7: Precinct 4
The 4th Precinct is described as that por-
tion of the city of Dubuque and Dubuque
County bounded by a line beginning at the
point that the boundary of the city of Dubuque
intersects North Cascade Road, thence
southwesterly along North Cascade Road until
it intersects the south boundary of Dubuque
Township, thence westerly along the south
boundary of Dubuque Township until it inter-
sects the boundary of the city of Dubuque,
thence westerly, southerly, easterly and nor-
therly along the boundary of the city of Dubu-
que until it intersects the south boundary of
Center Township, thence westerly along the
south boundary of Center Township until it
intersects the boundary of the city of Dubuque,
thence northerly along the boundary of the city
of Dubuque until it intersects the east bounda-
ry of Center Township, thence northerly along
the east boundary of Center Township until it
intersects the boundary of the city of Dubuque,
thence northerly then easterly along the
boundary of the city of Dubuque until it inter-
sects Asbury Road east of Radford Road,
thence easterly along Asbury Road until it in-
tersects the southbound lane of the Northwest
Arterial, thence southerly along the south-
bound lane of the Northwest Arterial until it
intersects Pennsylvania Avenue, thence east-
erly along Pennsylvania Avenue until it inter-
sects Sylvan Road, thence southerly along
Sylvan Road until it intersects Century Drive,
thence southerly along Century Drive until it
insects the boundary of Precinct 2, thence
westerly then southeasterly along the bounda-
ry of Precinct 2 until it intersects the boundary
of the city of Dubuque, thence southeasterly
along the boundary of the city of Dubuque to
the point of origin at the intersection of the
boundary of the city of Dubuque and North
Cascade Road.
Section 1 -8 -8: Precinct 5
The 5th Precinct is described as that por-
tion of city of Dubuque bounded by a line be-
ginning at the point that the Northwest Arterial
intersects John F. Kennedy Road, thence nor-
therly along John F. Kennedy Road until it
intersects the northern boundary of the city of
Dubuque, thence westerly then southerly
along the northern boundary of the city of
Dubuque until it intersects Asbury Road,
thence easterly along Asbury Road until it in-
tersects the southbound lane of the Northwest
Arterial, thence southerly along the south-
bound lane of the Northwest Arterial until it
intersects the north fork of Catfish Creek,
thence easterly along the north fork of Catfish
Creek until it intersects Keyway Drive, thence
northerly along Keyway Drive until it intersects
Hillcrest Road, thence easterly along Hillcrest
Road until it intersects John F. Kennedy Road,
thence northerly along John F. Kennedy Road
until it intersects Kaufmann Avenue, thence
westerly along Kaufmann Avenue until it inter-
sects Bonson Road, thence northerly along
Bonson Road until it intersects Megan Street,
thence easterly along Megan Street until it
intersects Sunset Park Circle, thence north-
easterly along Sunset Park Circle until it inter-
sects John F. Kennedy Road, thence northerly
274 Regular & Special Sessions, August 15, 2011 Book 141
along John F. Kennedy Road to the point of
origin at the intersection of the Northwest Arte-
rial and John F. Kennedy Road.
Section 1 -8 -9: Precinct 6
The 6th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that Central Avenue
intersects the northern boundary of the city of
Dubuque, thence westerly along the northern
boundary of the city of Dubuque until it inter-
sects the boundary of Precinct 5, thence
southerly along the boundary of Precinct 5
until it intersects Kaufmann Avenue, thence
easterly along Kaufmann Avenue until it inter-
sects Carter Road, thence northerly along
Carter Road until it intersects West 32nd
Street, thence easterly along West 32nd Street
until it intersects Central Avenue, thence
northwesterly along Central Avenue to the
point of origin at the intersection of Central
Avenue and the boundary of the city of Dubu-
que.
Section 1 -8 -10: Precinct 7
The 7th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that Kaufmann Avenue
intersects John F. Kennedy Road, thence
southerly along John F. Kennedy Road until it
intersects Pennsylvania Avenue, thence east-
erly along Pennsylvania Avenue until it inter-
sects Bristol Drive, thence northerly along Bris-
tol Drive until it intersects St. Anne Drive,
thence easterly along St. Anne Drive until it
intersects Flora Park Road, thence northerly
along Flora Park Road until it intersects Wil-
bricht Lane, thence easterly along Wilbricht
Lane until it intersects Asbury Road, thence
northwesterly along Asbury Road until it inter-
sects Chaney Road, thence northerly along
Chaney Road until it intersects Kaufmann Av-
enue, thence westerly along Kaufmann Ave-
nue to the point of origin at the intersection of
Kaufmann Avenue and John F. Kennedy
Road.
Section 1 -8 -11: Precinct 8
The 8th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that North Grandview
Avenue intersects West 32nd Street, thence
westerly along West 32nd Street until it inter-
sects Carter Road, thence southerly along
Carter Road until it intersects Kaufmann Ave-
nue, thence easterly along Kaufmann Avenue
until it intersects Chaney Road, thence south-
erly along Chaney Road until it intersects As-
bury Road, thence southeasterly along Asbury
Road until it intersects Rosedale Avenue,
thence easterly along Rosedale Avenue until it
intersects Avoca Street, thence northerly along
Avoca Street until it intersects North
Grandview Avenue, thence northerly along
North Grandview Avenue to the point of origin
at the intersection of North Grandview Avenue
and West 32nd Street.
Section 1 -8 -12: Precinct 9
The 9th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that Hempstead Street
intersects Kaufmann Avenue, thence westerly
along Kaufmann Avenue until it intersects
North Grandview Avenue, thence southerly
along North Grandview Avenue until it inter-
sects Loras Boulevard, thence easterly along
Loras Boulevard until it intersects Cox Street,
thence northerly along Cox Street until it inter-
sects Kirkwood Street, thence northeasterly
along Kirkwood Street until it intersects West
Locust Street, thence easterly along West Lo-
cust Street until it intersects Foye Street,
thence northerly along Foye Street until it in-
tersects Lowell Street, thence westerly along
Lowell Street until it intersects Hempstead
Street, thence northerly along Hempstead
Street to the point of origin at the intersection
of Hempstead Street and Kaufmann Avenue.
Section 1 -8 -13: Precinct 10
The 10th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at a point that North Grandview Av-
enue intersects Loras Boulevard, thence nor-
therly and westerly along North Grandview
Avenue until it intersects Rosedale Avenue,
thence westerly along Rosedale Avenue until it
intersects Asbury Road, thence northwesterly
along Asbury Road until it intersects Wilbricht
Lane, thence westerly along Wilbricht Lane
until it intersects Flora Park Road, thence
southerly along Flora Park Road until it inter-
sects St. Anne Drive, thence westerly along St.
Anne Drive until it intersects Bristol Drive,
thence southerly along Bristol Drive until it
intersects Pennsylvania Avenue, thence east-
erly along Pennsylvania Avenue until it inter-
sects Drexel Avenue, thence southerly along
Drexel Avenue until it intersects Van Buren
Street, thence northwesterly along Van Buren
Street until it intersects the Catfish Creek
North Branch, thence southerly along the Cat-
fish Creek North Branch until it intersects the
unnamed road, thence southeasterly along the
unnamed road until it intersects University
Avenue, thence southwesterly along University
Avenue until it intersects the north fork of Cat-
fish Creek, thence southeasterly along the
north fork of Catfish Creek until it intersects the
westbound lane of Dodge Street, thence east-
erly along the westbound lane of Dodge Street
until it intersects Steger Lane, thence southerly
along Steger Lane until it intersects the east-
bound lane of Dodge Street, thence easterly
along the eastbound lane of Dodge Street until
it intersects Gandolfo Street, thence northerly
along Gandolfo Street until it intersects St.
Joseph Street, thence easterly along St. Jo-
Book 141 Regular Session, August 1, 2011 275
seph Street until it intersects South Algona
Street, thence northerly along South Algona
Street until it intersects North Algona Street,
thence northerly along North Algona Street
until it intersects Loras Boulevard, thence
northeasterly along Loras Boulevard to the
point of origin at the intersection of Loras
Boulevard and North Grandview Avenue.
Section 1 -8 -14: Precinct 11
The 11th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that Central Avenue
intersects Kaufmann Avenue, thence westerly
along Kaufmann Avenue until it intersects the
boundary of Precinct 9, thence westerly along
the boundary of Precinct 9 until it intersects the
boundary of Precinct 8, thence northerly along
the boundary of Precinct 8 until it intersects the
boundary of Precinct 6, thence easterly along
the boundary of Precinct 6 until it intersects
Lemon Street, thence southerly along Lemon
Street until it intersects West 30th Street,
thence easterly along West 30th Street until it
intersects Central Avenue, thence southerly
along Central Avenue to the point of origin at
the intersection of Central Avenue and Kauf-
mann Avenue.
Section 1 -8 -15: Precinct 12
The 12th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the intersection of 32nd Street
and Central Avenue, thence northerly along
Central Avenue until it intersects the boundary
of the city of Dubuque, thence northeasterly
along the boundary of the city of Dubuque until
it intersects the Iowa, Chicago and Eastern
Railroad, thence southeasterly along the Iowa,
Chicago and Eastern Railroad until it intersects
the eastern boundary of Census Block 1006,
Tract 101.03, thence southerly along the east-
ern boundary of Census Block 1006, Tract
101.03 until it intersects Roosevelt Road,
thence southerly along Roosevelt Road until it
intersects Prescott Street, thence southwester-
ly along Prescott Street until it intersects As-
cension Street, thence northwesterly along
Ascension Street until it intersects Thomas
Place, thence southwesterly along Thomas
Place until it intersects Eagle Street, thence
northwesterly and then westerly along Eagle
Street until it intersects Viola Street, thence
southerly along Viola Street until it intersects
Pleasant Street, thence westerly along Pleas-
ant Street until it intersects Stafford Street,
thence northerly along Stafford Street until it
intersects Hennepin Street, thence westerly
then northerly along Hennepin Street until it
intersects Windsor Avenue, thence northerly
along Windsor Avenue until it intersects Davis
Street, thence westerly along Davis Street until
it intersects Sheridan Road, thence northwest-
erly along Sheridan Road until it intersects
Peru Road, thence southwesterly along Peru
Road until it intersects Louella Lane, thence
northerly then southwesterly along Louella
Lane until it intersects the Heritage Trail,
thence southerly along the Heritage Trail until
it intersects 32nd Street, thence westerly along
32nd Street to the point of origin at the inter-
section of 32nd Street and Central Avenue.
Section 1 -8 -16: Precinct 13
The 13th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that Queen Street inter-
sects East 24th Street, thence southwesterly
along East 24th Street until it intersects the
boundary of Precinct 11, thence northerly
along the boundary of Precinct 11 until it inter-
sects the boundary of Precinct 6, thence east-
erly along the boundary of Precinct 6 until it
intersects the boundary of Precinct 12, thence
easterly then southerly along the boundary of
Precinct 12 until it intersects Lawther Street,
thence westerly along Lawther Street until it
intersects Balke Street, thence southeasterly
along Balke Street until it intersects Strauss
Street, thence southwesterly along Strauss
Street until it intersects Brunswick Street,
thence southeasterly along Brunswick Street
until it intersects Clinton Street, thence wester-
ly along Clinton Street until it intersects the
extension of Marquette Place, thence souther-
ly along Marquette Place until it intersects
Queen Street, thence southerly along Queen
Street to the point of origin at the intersection
of Queen Street and East 24th Street.
Section 1 -8 -17: Precinct 14
The 14th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that East 18th Street
intersects Central Avenue, thence northerly
along Central Avenue until it intersects the
boundary of Precinct 13, thence easterly then
northerly along the boundary of Precinct 13
until it intersects the boundary of Precinct 12,
thence southerly then easterly along the
boundary of Precinct 12 until it intersects
Thomas Place, thence southerly along Thom-
as Place until it intersects Farley Street,
thence easterly along Farley Street until it in-
tersects High Bluff Street, thence southerly
along High Bluff Street until it intersects Staf-
ford Street, thence easterly along Stafford
Street until it intersects Garfield Avenue,
thence southwesterly along Garfield Avenue
until it intersects the public alley one block east
of Elm Street, thence southerly along the pub-
lic alley one block east of Elm Street until it
intersects East 18th Street, thence westerly
along East 18th Street to the point of origin at
the intersection of East 18th Street and Central
Avenue.
Section 1 -8 -18: Precinct 15
The 15th Precinct is described as that por-
276 Regular & Special Sessions, August 15, 2011 Book 141
tion of the city of Dubuque and Dubuque
County bounded by a line beginning at the
point that East 16th Street intersects the Iowa,
Chicago and Eastern Railroad, thence norther-
ly along the Iowa, Chicago and Eastern Rail-
road until it intersects East 18th Street, thence
southwesterly along East 18th Street until it
intersects the boundary of Precinct 14, thence
northerly along the boundary of Precinct 14
until it intersects the boundary of Precinct 12,
thence northeasterly along the boundary of
Precinct 12 until it intersects the Iowa, Chicago
and Eastern Railroad, thence northwesterly
along the Iowa, Chicago and Eastern Railroad
until it intersects boundary of Dubuque Town-
ship, thence easterly along the boundary of
Dubuque Township until it intersects the
boundary of Julien Township, thence easterly
along the boundary of Julien Township until it
intersects the boundary of the State of Iowa,
thence southerly along the boundary of the
State of Iowa until it intersects the boundary of
the city of Dubuque, thence southerly along
the boundary of the city of Dubuque until it
intersects the eastbound lane of U. S. Highway
61/151, thence westerly along the eastbound
lane of U. S. Highway 61/151 until it intersects
Chaplin Schmidt Drive, thence westerly along
Chaplin Schmidt Drive until it intersects the
boundary of Census Block 1025, Tract 1,
thence westerly along the boundary of Census
Block 1025,Tract 1 until it intersects East 16th
Street, thence westerly along East 16th Street
to the point of origin at the intersection of East
16th Street and the Iowa, Chicago and Eastern
Railroad.
Section 1 -8 -19: Precinct 16
The 16th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that Dodge Street inter-
sects the eastern boundary of the city of
Dubuque, thence northerly along the boundary
of the city of Dubuque until it intersects the
boundary of Precinct 15, thence westerly along
the boundary of Precinct 15 until it intersects
East 18th Street, thence westerly along East
18th Street until it intersects Central Avenue,
thence southerly along Central Avenue until it
intersects Loras Boulevard, thence westerly
along Loras Boulevard until it intersects Bluff
Street, thence southerly along Bluff Street until
it intersects West 11th Street, thence easterly
along West 11th Street until it intersects Lo-
cust Street, thence southerly along Locust
Street until it intersects West 10th Street,
thence westerly along West 10th Street until it
intersects Bluff Street, thence southerly along
Bluff Street until it intersects Jones Street,
thence easterly along Jones Street until it in-
tersects Bissel Lane, thence easterly along the
boundary of Census Blocks 2037, 1105, 1137
and 1107, all in Tract 1 until it intersects Main
Street, thence southerly along Main Street until
it intersects Jones Street, thence easterly
along Jones Street until it intersects Terminal
Street, thence southerly along Terminal Street
until it intersects Dodge Street, thence easterly
along Dodge Street to the point of origin at the
intersection of Dodge Street and the eastern
boundary of the city of Dubuque.
Section 1 -8 -20: Precinct 17
The 17th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that Central Avenue
intersects Loras Boulevard, thence westerly
along Loras Boulevard until it intersects the
boundary of Precinct 9, thence northerly along
the boundary of Precinct 9 until it intersects the
boundary of Precinct 11, thence easterly along
the boundary of Precinct 11 until it intersects
the boundary of Precinct 14, thence southerly
along the boundary of Precinct 14 until it inter-
sects the boundary of Precinct 16, thence
southerly along the boundary of Precinct 16 to
the point of origin at the intersection of Central
Avenue and Loras Boulevard.
Section 1 -8 -21: Precinct 18
The 18th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that Locust Street inter-
sects the westbound lane of Dodge Street,
thence northerly along Locust Street until it
intersects the boundary of Precinct 16, thence
northerly along the boundary of Precinct 16
until it intersects the boundary of Precinct 17,
thence southwesterly along the boundary of
Precinct 17 until it intersects Cox Street,
thence southerly along Cox Street until it inter-
sects Chestnut Street, thence easterly along
Chestnut Street until it intersects Walnut
Street, thence southerly along Walnut Street
until it intersects Rose Street, thence westerly
along Rose Street until it intersects Race
Street, thence southerly along Race Street
until it intersects West 11th Street, thence
westerly along West 11th Street until it inter-
sects Wilson Street, thence southerly along
Wilson Street until it intersects University Ave-
nue, thence westerly along University Avenue
until it intersects Alpine Street, thence souther-
ly along Alpine Street until it intersects West
5th Street, thence easterly along West 5th
Street until it intersects Winona Street, thence
southerly along Winona Street until it inter-
sects West 3rd Street, thence easterly along
West 3rd Street until it intersects Hill Street,
thence southerly along Hill Street until it inter-
sects the westbound lane of Dodge Street,
thence easterly along the westbound lane of
Dodge Street to the point of origin at the inter-
section of the westbound lane of Dodge Street
and Locust Street.
Section 1 -8 -22: Precinct 19
The 19th Precinct is described as that por-
Book 141 Regular Session, August 1, 2011 277
tion of the city of Dubuque bounded by a line
beginning at a point that the eastbound lane of
Dodge Street intersects Bryant Street, thence
westerly along the eastbound lane of Dodge
Street until it intersects the eastbound Fremont
Avenue off -ramp, thence westerly along the
eastbound Fremont Avenue off -ramp until it
intersects the eastbound lane of Dodge Street,
thence westerly along the eastbound lane of
Dodge Street until it intersects the boundary of
Precinct 10, thence northerly along the bound-
ary of Precinct 10 until it intersects Loras
Boulevard, thence easterly along Loras Boule-
vard until it intersects the boundary of Precinct
18, thence southerly along the boundary of
Precinct 18 to the point of origin at the inter-
section of Bryant Street and the eastbound
lane of Dodge Street.
Section 1 -8 -23: Precinct 20
The 20th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at a point where the southbound
lane of South Grandview Avenue intersects
the eastbound Fremont Avenue off -ramp,
thence southerly along the southbound lane of
South Grandview Avenue until it intersects
Henderson Street, thence northeasterly along
Henderson Street until it intersects the north-
bound lane of South Grandview Avenue,
thence southerly along the northbound lane of
South Grandview Avenue until it intersects
State Street, thence southerly along State
Street until it intersects the southbound lane of
South Grandview Avenue, thence southerly
along the southbound lane of South
Grandview Avenue until it intersects Adeline
Street, thence easterly along Adeline Street
until it intersects the northbound lane of South
Grandview Avenue, thence southerly along the
northbound lane of South Grandview Avenue
until it intersects the southbound lane of U.S.
Highway 52/61/151, thence southerly along
the southbound lane of U.S. Highway
52/61/151 until it intersects the boundary of the
city of Dubuque, thence easterly then northerly
along the boundary of the city of Dubuque until
it intersects the boundary of Precinct 16,
thence westerly along the boundary of Precinct
16 until it intersects the boundary of Precinct
18, thence southerly then westerly along the
boundary of Precinct 18 until it intersects the
boundary of Precinct 19, thence westerly along
the boundary of Precinct 19 to the point of
origin at the intersection of the southbound
lane of South Grandview Avenue and the
eastbound Fremont Avenue off -ramp.
ARTICLE III: WARDS
Section 1 -8 -24: City Divided into Four
Wards
The city is hereby divided into four (4)
Wards as described in this article.
Section 1 -8 -25: Ward 1
The 1st Ward is comprised of Precincts
1 through 5.
Section 1 -8 -26: Ward 2
The 2nd ward is comprised of Precincts
6 throughl0.
Section 1 -8 -27: Ward 3
The 3rd Ward is comprised of Precincts
11 through 15.
Section 1 -8 -28: Ward 4
The 4th Ward is comprised of Precincts
16 through 20.
Lake Ridge Economic Development Dis-
trict: Proof of publication on notice of public
hearing to consider the approval of an Urban
Renewal Plan for the Lake Ridge Economic
Development District that would include prop-
erty along Lake Ridge Drive near Cedar Cross
Road and the City Manager recommending
approval.
Correspondence from the Long Range
Planning Commission recommending approval
of the proposed Lake Ridge Urban Renewal
Plan and stating that it is consistent with the
2008 Dubuque Comprehensive Plan.
Motion by Connors to receive and file the
documents and adopt Resolution No. 247 -11
Approving the Urban Renewal Plan for the
Lake Ridge Economic Development District.
Seconded by Resnick. Motion carried 7 -0.
RESOLUTION NO. 247 -11
APPROVING THE URBAN RENEWAL PLAN
FOR THE LAKE RIDGE ECONOMIC DE-
VELOPMENT DISTRICT.
Whereas, on June 20, 2011, the City
Council of the City of Dubuque, Iowa author-
ized the preparation of an Urban Renewal Plan
(the 'Plan ") for the Lake Ridge Economic De-
velopment District (the "District'); and
Whereas, the City of Dubuque's primary
objective in adopting this Plan is to provide
opportunities for development and investment
in the District; and
Whereas, the Long Range Planning Com-
mission has reviewed the proposed Plan and
has found that said document is consistent
with the Comprehensive Plan for the develop-
ment of the City of Dubuque as a whole and
has transmitted its findings to the City Council;
and
Whereas, a consultation process has been
undertaken with affected taxing entities in ac-
cordance with Chapter 403 of the Code of Io-
wa with no written objections or recommended
changes to the Plan received; and
Whereas, the City Council, in accordance
with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed Plan
after public notice thereof.
NOW, THEREFORE, BE IT RESOLVED
278 Regular & Special Sessions, August 15, 2011 Book 141
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Urban Renewal Plan
for the Lake Ridge Economic Development
District, attached hereto and made reference
to herein, be approved.
Section 2. This Council finds that a feasible
method exists for the location of any families
who will be displaced from the District into
decent, safe and sanitary dwelling accommo-
dations within their means and without undue
hardship to such families. The Council further
finds that the urban renewal plan conforms to
the general plan of the municipality as a whole.
Section 3. That the City Clerk of the City of
Dubuque, Iowa is hereby authorized and di-
rected to file a certified copy of the Resolution
and Plan in the office of the Dubuque County
Recorder.
Passed, approved and adopted this 1st
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Green Alley Permeable Pavers Project:
Proof of publication on notice of public hearing
to consider approval of plans, specifications,
form of contract, and estimated cost for the
Green Alley Permeable Pavers Project 17th —
18th, between Jackson & Washington Streets),
and the City Manager recommending approv-
al. Motion by Lynch to receive and file the
documents and adopt Resolution No. 248 -11
Approval of plans, specifications, form of con-
tract, and estimated cost for the Green Alley
permeable Pavers Project (17th -18th, between
Jackson & Washington Streets); Resolution
No. 249 -11 Resolution with respect to the
adoption of the Resolution of Necessity pro-
posed for the Green ally Permeable Pavers
Project (17th -18th, between Jackson & Wash-
ington Streets); and Resolution No. 250 -11
Approving the Schedule of Assessments and
estimate of total cost for the Green Alley per-
meable Pavers Project (17th -18th, between
Jackson & Washington Streets). Seconded by
Connors. Responding to questions from City
Council, City Engineer Gus Psihoyos stated
that the completed green alley projects fared
well during July 27th rain storm. Motion carried
7 -0.
RESOLUTION NO. 248 -11
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE GREEN ALLEY PERMEA-
BLE PAVERS PROJECT (17TH — 18TH, BE-
TWEEN JACKSON & WASHINGTON
STREETS)
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
Green Alley Permeable Pavers Project (17th —
18th, between Jackson & Washington Streets)
in the estimated amount $185,242.17, are
hereby approved.
Passed, adopted and approved this 1st
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 249 -11
RESOLUTION WITH RESPECT TO THE
ADOPTION OF THE RESOLUTION OF NE-
CESSITY PROPOSED FOR THE GREEN
ALLEY PERMEABLE PAVERS PROJECT
(17TH — 18TH, BETWEEN JACKSON &
WASHINGTON STREETS)
Whereas, the City Council has proposed a
Resolution of Necessity for the Green Alley
Permeable Pavers Project (17th — 18th, be-
tween Jackson & Washington Streets) and has
given notice of the public hearing thereon as
required by law, and
Whereas, the public hearing has been
held, all persons offering objections have been
heard and consideration given to all objections
and is pending before this Council; and
Whereas, this is the time and place set as
provided for the taking of action on the pro-
posed Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity
described above is hereby adopted, without
amendment, and all objections filed or made
having been duly considered are overruled.
Passed, adopted and approved this 1st
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 250 -11
APPROVING SCHEDULE OF ASSESS-
MENTS AND ESTIMATE OF TOTAL COST
FOR THE GREEN ALLEY PERMEABLE
PAVERS PROJECT (17TH — 18TH, BE-
TWEEN JACKSON & WASHINGTON
STREETS)
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plat, schedule of as-
sessments, and estimate of total cost for the
Green Alley Permeable Pavers Project (17th —
18th, between Jackson & Washington Streets)
are hereby approved.
Passed, approved and adopted this 1st
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Book 141 Regular Session, August 1, 2011 279
CITY OF DUBUQUE, IOWA
ALLEY BETWEEN JACKSON AND WASH-
INGTON STREETS FROM 17TH to 18TH
PRELIMINARY SCHEDULE OF VALUATION
AND PROPOSED ASSESSMENTS; DATE:
JULY 12, 2011
The following schedule is hereby deter-
mined to show each lot proposed to be as-
sessed for the improvement shown in the title
together with the amount proposed to be as-
sessed against each lot and the valuations
shown opposite each lot are hereby fixed as
the true valuations of such lots by the City
Council of the City of Dubuque.
PROPERTY OWNER NAME; LOT DE-
SCRIPTION; PARCEL NUMBER; MAILING
ADDRESS; STREET ADDRESS; NET AS-
SESSED VALUATION; VALUATION; WITH
IMPROVEMENT; NET PAVING IMPROVE-
MENT COST; NET PAVING IMPROVEMENT
DEFICIENCY; TOTAL PUBLIC IMPROVE-
MENT COST; WATER SERVICE PRIVATE
LATERAL COST; TOTAL NET ASSESS-
MENT
Vorwald, Jean M.; S 31102" Lot 36 East
Dubuque Add; 10 -24- 263 -009; 1710 Jackson
St.; 1710 Jackson St.; $85,000.00;
$85,877.17; $877.17; $0.00; $877.17; ;
$877.17
Vorwald, Jean M.; S1/2 Of Lot 35 & N 20'
Of Lot 36 East Dubuque Add Legal 1720-
1722; 10 -24- 263 -008; 1720 Jackson St.; 1720
Jackson St.; $51,100.00; $52,382.02;
$1,282.02; $0.00; $1,282.02; $0.00; $1,282.02
Hagensten, Joseph G.; N1/2 Lot 35 East
Dubuque Add; 10 -24- 263 -007; 1732 Jackson
St.; 1732 Jackson St.; $35,500.00;
$36,219.73; $719.73; $0.00; $719.73; $0.00;
$719.73
Mihalakis, Elizabeth A. & Michael M.; S1/2
Lot 34 East Dubuque Add; 10 -24- 263 -006;
1756 Jackson St.; 1756 Jackson St.;
$60,300.00; $61,019.73; $719.73; $0.00;
$719.73; $0.00; $719.73
Mihalakis, Elizabeth A. & Michael M.; N1/2
Lot 34 East Dubuque Add; 10 -24- 263 -005;
1760 Jackson St.; 1760 Jackson St.;
$47,600.00; $48,319.73; $719.73; $0.00;
$719.73; $0.00; $719.73
Pluym, Ronald D.; S1/2 Lot 33 East Dubu-
que Add; 10 -24- 263 -004; 1616 Lincoln Ave.;
1768 Jackson St.; $45,500.00; $46,219.73;
$719.73; $0.00; $719.73; $0.00; $719.73
Wiemerslage, Annette; N1/2 Lot 33 East
Dubuque Add; 10 -24- 263 -003; 1776 Jackson
St.; 1776 Jackson St.; $48,100.00;
$48,819.73; $719.73; $0.00; $719.73; $0.00;
$719.73
Nicolalde, Daisy Y.; S1/2 Lot 32 East
Dubuque Add 10-24-263-002; 2525 Date St.
#602; 1786 Jackson St.; $16,500.00;
$18,370.88; $719.73; $0.00; $719.73;
$1,151.15; $1,870.88
Crippes, Mary M.; N1/2 Of Lot 32 East
Dubuque Add; 10 -24- 263 -001; 1796 Jackson
St.; 1796 Jackson St.; $38,100.00;
$39,970.88; $719.73; $0.00; $719.73;
$1,151.15; $1,870.88
Knockel, Frank & Rachel; Lot 87 East
Dubuque Add; 10 -24- 263 -023; 1715 Washing-
ton St.; 1715 Washington St.; $58,000.00;
$59,439.46; $1,439.46; $0.00; $1,439.46;
$0.00; $1,439.46
Trausch, Forrest R.; Lot 1 -1 -88 East
Dubuque Add; 10 -24- 263 -022; P.O. Box 4;
1725 Washington St.; $33,500.00; $35,141.49;
$490.34; $0.00; $490.34; $1,151.15;
$1,641.49
Trausch, Forrest R.; Lot - 2 -1 -88 East
Dubuque Add; 10 -24- 263 -021; P.O. Box 4;
1731 Washington St.; $32,500.00; $32,939.15;
$439.15; $0.00; $439.15; $0.00; $439.15
Trausch, Forrest R.; Lot 2 -88 East Dubu-
que Add; 10 -24- 263 -020; P.O. Box 4; 1737
Washington St.; $32,000.00; $33,657.21;
$506.06; $0.00; $506.06; $1,151.15;
$1,657.21
Wagner, Sharon M.; East Dubuque Add S.
23' 7" - S. 1/2 Lot 89; 10 -24- 263 -019; 1741
Washington St.; 1741 Washington St.;
$38,200.00; $38,862.94; $662.94; $0.00;
$662.94; $0.00; $662.94
City Of Dubuque; N 2' S1/2 Of 89 & N1/2
Of Lot 89 East Dubuque Add; 10 -24- 263 -018;
50 W. 13th Street; 1753 Washington St.;
$42,300.00; $43,075.96; $775.96; $0.00;
$775.96; $0.00; $775.96
Clark, Keith Karlton; W1/2 Of Lot 90 &
W1/2 Of Lot 91 East Dubuque Add; 10 -24-
263 -010; 206 East 18th ; 260 East 18th St.;
$76,400.00; $79,278.91; $2,878.91; $0.00;
$2,878.91; $0.00; $2,878.91
Eagle Point Energy - 1, LLC - License and
Power Purchase Agreement: Proof of publica-
tion on notice of public hearing to consider
approval of a 25 -year License and Power Pur-
chase Agreement with Eagle Point Energy - 1,
LLC to install solar panels on the Public Works
facility on Kerper Court and provide electricity
to the facility, and the City Manager recom-
mending approval. Motion by Braig to receive
and file the documents and adopt Resolution
No. 251 -11 Approval of a License and Power
Purchase Agreement between the City of
Dubuque, Iowa, and Eagle Point Energy - 1,
LLC an Iowa Limited Liability Company. Se-
conded by Jones. Sierra Club Member Charles
Winterwood, 1555 Montrose Terrace, stated
that this project will contribute to the goal of
reducing greenhouse gas by the year 2030.
Responding to questions from City Council,
Eagle Point Energy - 1 Manager Barry Shear
stated that due to its simple design, the system
280 Regular & Special Sessions, August 15, 2011 Book 141
could be maintained long -term by a variety of
contractors, they have completed five similar
projects, and that no investment is required by
the City. Eagle Point Energy Member Mark
Henning stated that the amount of CO2 offset
is based on a national average and that the
solar panels themselves provide energy sav-
ings by shading the roof. Motion carried 7 -0.
RESOLUTION NO. 251 -11
APPROVAL OF A LICENSE AND POWER
PURCHASE AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND EAGLE
POINT ENERGY — 1, LLC AN IOWA LIMITED
LIABILITY COMPANY
Whereas, the City of Dubuque, Iowa (City)
is the owner of the real property legally de-
scribed as follows: Roof space above the land
commonly known as the western side of the
roof located at 925 Kerper Court, Dubuque,
Iowa, legally described as Lot 2 of 2 of Kerper
Industrial Park in the City of Dubuque, Iowa;
and
Whereas, Eagle Point Energy — 1, LLC.
desires to license a part of the property to in-
stall solar panels at the facility; and
Whereas, City and Eagle Point Energy — 1,
LLC. have negotiated a License and Power
Purchase Agreement, which among other
things, provides for a term through September
1, 2026; and
Whereas, the City Council believes it is in
the best interest of the City of Dubuque to ap-
prove the License and Power Purchase
Agreement.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque approves
the License and Power Purchase Agreement
with Eagle Point Energy — 1, LLC and the City
Manager is authorized to execute said lease on
behalf of the City of Dubuque.
Passed, approved and adopted this 1st
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Sale of Property — 1052 Rush Street: Proof
of publication on notice of public hearing to
consider the sale of a City -owned vacant lot at
1052 Rush Street to Routley Construction for
$5,000 for participation in the East Central
Intergovernmental Association plan for the
Iowa Department of Economic Development
Single - Family New Production Round #2 Pro-
gram, and the City Manager recommending
approval. Motion by Connors to receive and
file the documents and adopt Resolution No.
252 -11 Disposing of an interest in City -owned
property to Routley Construction. Seconded by
Braig. Motion carried 7 -0.
RESOLUTION NO. 252 -11
DISPOSING OF AN INTEREST IN CITY
OWNED PROPERTY TO ROUTLEY CON-
STRUCTION (1052 RUSH STREET)
Whereas, the City of Dubuque, Iowa (City)
is the owner of the following real property (the
Property); Lot 171 Union Addition in the City of
Dubuque, Iowa (1052 Rush Street); and
Whereas, East - Central Intergovernmental
Association (ECIA) is the sponsor of the Single
Family New Production Program (SFNP)
(Sponsor); and
Whereas, City has tentatively agreed to
sell the Property to Routley Construction, sub-
ject to the approval of a Development Agree-
ment between City and Routley by the City
Council which Development Agreement will
include the following conditions:
Sale price $5,000 due at closing
Single family home valued at $100,000
shall be constructed within 12 months of dos-
ing
Contractor shall participate in the SFNP
Program sponsored by East Central Intergov-
ernmental Agency and
Whereas, the City Council has determined
that it would be in the best interests of the City
to approve the sale of the Property to Routley
Construction.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque approves the disposition of the City's
interest in the foregoing described Property to
Routley Construction subject to the conditions
described herein.
Section 2. The Mayor is hereby authorized
and directed to sign this Resolution.
Passed, approved and adopted this 1st
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Sale of Property — 1895 Wood Street:
Proof of publication on notice of public hearing
to consider the sale of a City -owned vacant lot
at 1895 Wood Street to Routley Construction
for $1.00 for participation in the East Central
Intergovernmental Association plan for the
Iowa Department of Economic Development
Single - Family New Production Round #2 Pro-
gram, and the City Manager recommending
approval. Motion by Connors to receive and
file the documents and adopt Resolution No.
253 -11 Disposing of an interest in City -owned
property to Routely Construction. Seconded by
Braig. Motion carried 7 -0.
Book 141 Regular Session, August 1, 2011 281
RESOLUTION NO. 253 -11
DISPOSING OF AN INTEREST IN CITY
OWNED PROPERTY TO ROUTLEY CON-
STRUCTION (1894 WOOD STREET)
Whereas, the City of Dubuque, Iowa (City)
is the owner of the following real property (the
Property); Lot 51 Rosedale Addition in the City
of Dubuque, Iowa (1895 Wood Street) ; and
Whereas, East - Central Intergovernmental
Association (ECIA) is the sponsor of the Single
Family New Production Program (SFNP)
(Sponsor); and
Whereas, City has tentatively agreed to
sell the Property to Routley Construction, sub-
ject to the approval of a Development Agree-
ment between City and Routley by the City
Council which Development Agreement will
include the following conditions:
Sale price $1.00 due at closing
Single family home valued at $100,000
shall be constructed within 12 months of dos-
ing
Contractor shall participate in the SFNP
Program sponsored by East Central Intergov-
ernmental Agency and
Whereas, the City Council has determined
that it would be in the best interests of the City
to approve the sale of the Property to Routley
Construction.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque approves the disposition of the City's
interest in the foregoing described Property to
Routley Construction subject to the conditions
described herein.
Section 2. The Mayor is hereby authorized
and directed to sign this Resolution.
Passed, approved and adopted this 1st
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
Fiscal Year 2012 Dubuque County REAP
Plan: City Manager recommending approval of
the City of Dubuque's update of the Fiscal
Year 2012 Dubuque County REAP Plan, sub-
mittal of the Fiscal Year 2011 REAP grant ap-
plications for land acquisition for the E.B. Ly-
ons Interpretive Center and Mines of Spain;
the Bee Branch Creek Trail — MRT Route; and
appointment of a City Council representative
(currently Council Member Joyce Connors) to
the REAP Committee. Motion by Jones to re-
ceive and file the documents , approve the
recommendation, appoint Council Member
Joyce Connors as the Council representative,
and adopt Resolution No. 254 -11 Authorizing
REAP Grant Application to Iowa Department of
Natural Resources for land acquisition for E.B.
Lyons Interpretive Center and Mines of Spain;
and Resolution No. 255 -11 Authorizing REAP
Grant Application to Iowa Department of Natu-
ral Resources for Bee Branch Creek Trail —
MRT Route. Seconded by Braig. Motion car-
ried 7 -0.
RESOLUTION NO. 254 -11
AUTHORIZING REAP GRANT APPLICA-
TION TO IOWA DEPARTMENT OF NATU-
RAL RESOURCES FOR LAND ACQUISI-
TION FOR E.B. LYONS INTERPRETIVE
CENTER AND MINES OF SPAIN
Whereas, the Iowa Department of Natural
Resources has allocated grant funds in the
REAP (Resource Enhancement and Protec-
tion) Program for the development of bike /hike
trails; and
Whereas, the City of Dubuque has adopted
the 2008 Comprehensive Plan that includes an
objective for land acquisition for E.B. Lyons
Interpretive Center and Mines of Spain.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized
to sign and the Planning Services Manager is
hereby authorized to submit an application to
the Iowa Department of Natural Resources for
REAP funds for land acquisition for E.B. Lyons
Interpretive Center and Mines of Spain.
Section 2. That in the event said applica-
tion is approved, the City Council hereby pro-
vides its written assurance that the completed
project will be adequately maintained for its
intended use in accordance with state re-
quirements.
Passed, approved and adopted this 1st
day of August 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 255 -11
AUTHORIZING REAP GRANT APPLICA-
TION TO IOWA DEPARTMENT OF NATU-
RAL RESOURCES FOR BEE BRANCH
CREEK TRAIL — MRT ROUTE
Whereas, the Iowa Department of Natural
Resources has allocated grant funds in the
REAP (Resource Enhancement and Protec-
tion) Program for the development of bike /hike
trails; and
Whereas, the City of Dubuque has adopted
the 2008 Comprehensive Plan that includes
goals for development of bike /hike trails; and
Whereas, the City of Dubuque has adopted
the 2008 Tri -State Trail Plan that includes the
Bee Branch Creek Trail as a High Priority pro-
282 Regular & Special Sessions, August 15, 2011 Book 141
ject.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized
to sign and the Planning Services Manager is
hereby authorized to submit an application to
the Iowa Department of Natural Resources for
REAP funds for the Bee Branch Creek Trail —
MRT Route.
Section 2. That in the event said applica-
tion is approved, the City Council hereby pro-
vides its written assurance that the completed
project will be adequately maintained for its
intended use in accordance with state re-
quirements.
Passed, approved and adopted this 1st
day of August 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Holy Ghost Urban Renewal District — Tax
Increment Financing: City Manager recom-
mending approval of the creation of the tax
increment financing district for the Holy Ghost
Urban Renewal District. Adoption of the pro-
posed tax increment ordinance is needed to
establish the use of tax increment financing to
the district. 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. Motion carried
7 -0.
Motion by Jones for final consideration and
passage of Ordinance No. 39 -11 Providing
that general property taxes levied and collect-
ed each year on all property located within the
Holy Ghost Urban Renewal District of the City
of Dubuque, County of Dubuque, State of Io-
wa, by and for the benefit of the State of Iowa,
City of Dubuque, County of Dubuque, Dubu-
que Community School District, and other tax-
ing districts, be paid to a special fund for pay-
ment of principal and interest on loans, monies
advanced to and indebtedness, including
bonds issued or to be issued, incurred by said
City in connection with the Holy Ghost Urban
Renewal District Redevelopment Project. Se-
conded by Braig. Motion carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 39 -11
PROVIDING THAT GENERAL PROPERTY
TAXES LEVIED AND COLLECTED EACH
YEAR ON ALL PROPERTY LOCATED
WITHIN THE HOLY GHOST URBAN RE-
NEWAL DISTRICT OF THE CITY OF DUBU-
QUE, COUNTY OF DUBUQUE, STATE OF
IOWA, BY AND FOR THE BENEFIT OF THE
STATE OF IOWA, CITY OF DUBUQUE,
COUNTY OF DUBUQUE, DUBUQUE COM-
MUNITY SCHOOL DISTRICT, AND OTHER
TAXING DISTRICTS, BE PAID TO A SPE-
CIAL FUND FOR PAYMENT OF PRINCIPAL
AND INTEREST ON LOANS, MONIES AD-
VANCED TO AND INDEBTEDNESS, IN-
CLUDING BONDS ISSUED OR TO BE IS-
SUED, INCURRED BY SAID CITY IN CON-
NECTION WITH THE HOLY GHOST URBAN
RENEWAL DISTRICT REDEVELOPMENT
PROJECT
Whereas, the City Council of the City of
Dubuque, Iowa, after public notice and hearing
as prescribed by law and pursuant to Resolu-
tion No. 234 -11 adopted on July 18, 2011,
adopted an Urban Renewal Plan for an urban
renewal area known as the Holy Ghost Urban
Renewal District (the 'Project Area "), which
Project Area includes the lots and parcels de-
scribed in said Urban Renewal Plan; and
Whereas, expenditures and indebtedness
are anticipated to be incurred in the future to
finance urban renewal project activities carried
out in furtherance of the foregoing Urban Re-
newal Plan; and
Whereas, the City Council desires to pro-
vide for the division of revenue from taxation in
the Project Area in accordance with the provi-
sions of Section 403.19 of the Code of Iowa,
as amended; and
Whereas, the following enactment is nec-
essary to accomplish the objectives described
in the premises.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1: For purposes of this Ordinance,
the following terms shall have the following
meanings:
(a) Project Area shall mean that portion of
the City of Dubuque, Iowa described in the
Urban Renewal Plan for the Holy Ghost Urban
Renewal District approved by Resolution No.
234 -11 on July 18, 2011, which Project Area
includes the lots and parcels located within the
area now legally described as follows:
Lot 1 of 1 and Lot 2 of 1 of Paragon
Square in the City of Dubuque, Dubuque
County, Iowa; and also including public right -
of -way of Central Avenue abutting thereto.
(b) Urban Renewal Plan shall mean the
Urban Renewal Plan for the Project Area ap-
proved in Resolution No. 234 -11 on July 18,
2011.
Section 2: The taxes levied on the taxable
property in the Project Area, legally described
in Section 1 hereof, by and for the benefit of
the State of Iowa, City of Dubuque, County of
Dubuque, Dubuque Community School Dis-
trict, and all other taxing districts from and after
the effective date of this Ordinance shall be
divided as hereinafter in this Ordinance pro-
Book 141 Regular Session, August 1, 2011 283
vided.
Section 3: That portion of the taxes which
would be produced by the rate at which the tax
is levied each year by or for each of the taxing
districts taxing property in the Project Area
upon the total sum of the assessed value of
the taxable property in the Project Area, as
shown on the assessment roll as of January 1
of the calendar year preceding the first calen-
dar year in which the City of Dubuque certifies
to the County Auditor the amount of loans,
advances, indebtedness, or bonds payable
from the division of property tax revenue de-
scribed herein (which certification is directed to
be made during the 2011 calendar year), shall
be allocated to and when collected be paid into
the fund for the respective taxing district as
taxes by or for said taxing district into which all
other property taxes are paid. The taxes so
determined shall be referred herein as the
"base period taxes" for such Project Area.
Section 4: That portion of the taxes each
year in excess of the base period taxes for the
Project Area, determined as provided in Sec-
tion 3 of this Ordinance, shall be allocated to
and when collected be paid into a special tax
increment fund hereby established by the City
of Dubuque to pay the principal of and interest
on loans, monies advanced to, or indebted-
ness, whether funded, refunded, assumed or
otherwise, including bonds issued under au-
thority of Section 403.9 or Section 403.12 of
the Code of Iowa, incurred by the City of
Dubuque, Iowa to finance or refinance, in
whole or in part, urban renewal projects under-
taken within the Project Area pursuant to the
Urban Renewal Plan, except that taxes for the
regular and voter - approved physical plant and
equipment levy of a school district imposed
pursuant to Section 298.2, but only to the ex-
tent authorized in Section 403.19(2), and taxes
for the payment of bonds and interest of each
taxing district shall be collected against all
taxable property within the Project Area with-
out any limitation as hereinabove provided.
Section 5: Unless or until the total as-
sessed valuation of the taxable property in the
Project Area exceeds the total assessed value
of the taxable property in said area as shown
by the assessment roll referred to in Section 3
of this Ordinance, all of the taxes levied and
collected upon the taxable property in the Pro-
ject Area shall be paid into the funds for the
respective taxing districts as taxes by or for the
taxing districts in the same manner as all other
property taxes.
Section 6: At such time as the loans, mon-
ies advanced, bonds and interest thereon and
indebtedness of the City of Dubuque referred
to in Section 4 hereof have been paid, all mon-
ies thereafter received from taxes upon the
taxable property in the Project Area shall be
paid into the funds for the respective taxing
districts in the same manner as taxes on all
other property.
Section 7. All ordinances or parts of ordi-
nances in conflict with the provisions of this
Ordinance are hereby repealed. The provi-
sions of this Ordinance are intended and shall
be construed so as to fully implement the pro-
visions of Section 403.19 of the Code of Iowa,
as amended, with respect to the division of
taxes from property within the Project Area as
described above. In the event that any provi-
sion of this Ordinance shall be determined to
be contrary to law, it shall not affect other pro-
visions or application of this Ordinance which
shall at all times be construed to fully invoke
the provisions of Section 403.19 of the Code of
Iowa with reference to the Project Area and
the territory contained therein.
Section 8: This Ordinance shall be in effect
after its final passage, approval and publica-
tion as provided by law.
Passed and approved this 1st day of Au-
gust, 2011
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, Acting City Clerk
Published officially in the Telegraph Herald
Newspaper the 1st day of August, 2011.
/s /Kevin S. Firnstahl, Acting City Clerk
Read second time: August, 1, 2011
Read third time: August, 1, 2011
Passed and approved: August, 1, 2011
Published: August, 5, 2011
Sale of General Obligation Bonds Series
2011A and Taxable General Obligation Bonds
Series 2011 B: City Manager advising that the
sale of $6,330,000 General Obligation Bonds,
Series 2011A; and $1,590,000 Taxable Gen-
eral Obligation Bonds, Series 2011 B took
place on Monday, August 1, 2011 at 10:00
a.m. The results were distributed. Motion by
Connors to receive and file the documents and
adopt Resolution No. 256 -11 Directing sale of
General Obligation Bonds, Series 2011A; and
Resolution No. 257 -11 Directing sale of Taxa-
ble General Obligation Bonds, Series 2011B.
Seconded by Jones. PFM Senior Managing
Consultant Tionna Pooler provided a summary
of the bond sale. Motion carried 7 -0.
RESOLUTION NO. 256 -11
RESOLUTION DIRECTING SALE OF GEN-
ERAL OBLIGATION BONDS, SERIES 2011A
Whereas, pursuant to notice as required by
law, bids have been received at public sale for
the Bonds described as follows and the best
bid received is determined to be the following:
General Obligation Bonds, SERIES 2011A:
Bidder: Morgan Keegan Co., Inc. of
Memphis, TN
the terms of said bid being:
284 Regular & Special Sessions, August 15, 2011 Book 141
Principal Amount: $6,330,000
Purchase Price: $6,411,248.85
Net Interest Cost: $$2,498,433.34
True Interest Cost: 3,304549%
NOW, THEREFORE, BE IT RESOLVED
BY THE City Council OF THE City of Dubu-
que, IOWA:
Section 1. That the bid for the Bonds as
above set out is hereby determined to be the
best and most favorable bid received and, said
Bonds are hereby awarded based on said bid.
Section 2. That the statement of infor-
mation for bond bidders and the form of con-
tract for the sale of said Bonds are hereby
approved and the Mayor and Clerk are author-
ized to execute the same on behalf of the City.
Section 3. That the notice of the sale of the
Bonds heretofore given and all acts of the
Clerk done in furtherance of the sale of said
Bonds are hereby ratified and approved.
Passed and approved this 1st day of
August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 257 -11
RESOLUTION DIRECTING SALE OF TAXA-
BLE GENERAL OBLIGATION BONDS, SE-
RIES 2011 B
Whereas, pursuant to notice as required by
law, bids have been received at public sale for
the Bonds described as follows and the best
bid received is determined to be the following:
Taxable General Obligation Bonds, Series
2011 B:
Bidder: D.A. Davidson & Co., Inc. of
Denver, CO
the terms of said bid being:
Principal Amount: $1,590,000
Purchase Price: $1,585,175.25
Net Interest Cost: $502,956.00
True Interest Cost: $3,586259%
NOW, THEREFORE, BE IT RESOLVED
BY THE City Council OF THE City of Dubu-
que, IOWA:
Section 1. That the bid for the Bonds as
above set out is hereby determined to be the
best and most favorable bid received and, said
Bonds are hereby awarded based on said bid.
Section 2. That the statement of infor-
mation for bond bidders and the form of con-
tract for the sale of said Bonds are hereby
approved and the Mayor and Clerk are author-
ized to execute the same on behalf of the City.
Section 3. That the notice of the sale of the
Bonds heretofore given and all acts of the
Clerk done in furtherance of the sale of said
Bonds are hereby ratified and approved.
Passed and approved this 1st day of
August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Water and Resource Recovery Center —
Cogeneration Project: City Manager recom-
mending approval of the April 2011 Water and
Resource Recovery Center Cogeneration Fa-
cilities report submitted by Strand Associates,
Inc., approval to submit the plan to the Iowa
Department of Natural Resources for possible
low- interest loan funding through the State
Revolving Fund, and approval to complete the
design services for bidding of the cogeneration
in the fall of 2011. Motion by Jones to receive
and file the documents and approve the rec-
ommendation. Seconded by Connors. Motion
carried 7 -0.
Inflow and Infiltration Reduction Financial
Assistance Program: City Manager recom-
mending establishing a cost - sharing financial
assistance program to qualified property own-
ers for the City's Inflow and Infiltration Reduc-
tion Program. Motion by Jones to receive and
file the documents and approve the recom-
mendation. Seconded by Connors. Respond-
ing to questions from City Council, City Engi-
neer Gus Psihoyos stated that the benefits of
this new program will impact the whole of the
community. Motion carried 7 -0.
Fiscal Year 2012 Annual Action Plan
Amendment No. 1: City Manager recommend-
ing an amendment to the Fiscal Year 2012
Annual Action Plan for the City's Community
Development Block Grant Program to reflect a
$217,086 decrease in the Community Devel-
opment Block Grant (CDBG) entitlement allo-
cation for Fiscal Year 2012. Motion by Con-
nors to receive and file the documents and
adopt Resolution No. 258 -11 Approving a Fis-
cal Year 2012 (Program Year 2011) Annual
Action Plan — Amendment No. 1 for Communi-
ty Development Block Grant (CDBG) Program.
Seconded by Lynch. Motion carried 7 -0.
RESOLUTION NO. 258 -11
APPROVING A FISCAL YEAR 2012 (PRO-
GRAM YEAR 2011) ANNUAL ACTION
PLAN - AMENDMENT 1 FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM.
Whereas, the City of Dubuque approved a
Fiscal Year 2012 Annual Action Plan on March
9, 2011 by Resolution No. 91 -2011; and
Whereas, the City now desires to amend
said Fiscal Year 2012 Annual Plan to reflect
the decreased Fiscal Year 2012 CDBG alloca-
tion as per the attached Exhibit A; and
Whereas, said amendment is a substantial
amendment as provided in the City's Citizen
Participation Plan and therefore must be ap-
proved by resolution of the City Council after a
Book 141 Regular Session, August 1, 2011 285
public hearing by the Community Development
Advisory Commission; and
Whereas, the City advertised a 30 day
public comment period beginning June 17,
2011; and
Whereas, the Community Development
Advisory Commission reviewed the proposed
amendment at a public hearing on July 20,
2011, and has voted to approve said amend-
ment and to recommend approval by the City
Council.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Fiscal Year 2012 An-
nual Action Plan (Program Year 2011)
Amendment 1 for the Community Develop-
ment Block Grant (CDBG) program hereto
attached as Exhibits A is hereby approved.
Section 2. That the City Manager is hereby
authorized and directed to submit a copy of
this resolution and Plan to the U.S. Depart-
ment of Housing and Urban Development.
Passed, approved and adopted this 1st
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Grant Writing Assistance: City Manager
recommending approval of a five -month con-
tract with the Ferguson Group for $12,500 to
assist with strategic planning, preparation and
application of federal grant applications, and
$25,714 to extend the contract of the current
Management Intern until June 30, 2012, to
provide grant writing assistance and America's
River III campaign assistance. Motion by Con-
nors to receive and file the documents and
approve the recommendation. Seconded by
Connors. Motion carried 7 -0.
JELD -WEN, Inc., Development Agreement:
City Manager recommending approval of a
Development Agreement with JELD -WEN, Inc.
to facilitate job creation at their facility located
at 250 East 8th Street. Motion by Lynch to
receive and file the documents and adopt
Resolution No. 259 -11 Approving a Develop-
ment Agreement between the City of Dubu-
que, Iowa and JELD -WEN, Inc. Seconded by
Resnick. Motion carried 7 -0.
RESOLUTION NO. 259 -11
APPROVING A DEVELOPMENT AGREE-
MENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND JELD -WEN, INC.
Whereas JELD -WEN, Inc. is the owner of
the property and the manufacturing facility at
250 East 8th Street in the City of Dubuque,
Iowa (the Property); and
Whereas, the City of Dubuque, Iowa is en-
couraging JELD -WEN, Inc. to create new jobs
in the community and improvements need to
be made to the Property to facilitate JELD -
WEN, Inc.'s growth; and
Whereas, it is the determination of this
Council that approval of the Development
Agreement with JELD -WEN, Inc., according to
the terms and conditions set out in the Devel-
opment Agreement, is in the public interest of
the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agree-
ment between the City of Dubuque, Iowa and
JELD -WEN, Inc. is hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute, on behalf of
the City of Dubuque, Iowa, the attached De-
velopment Agreement between the City of
Dubuque, Iowa and JELD -WEN, Inc.
Section 3. That the City Manager is hereby
authorized and directed to execute, on behalf
of the City of Dubuque, Iowa, all necessary
documents in connection with the Develop-
ment Agreement and to disburse funds in ac-
cordance with the terms and conditions of the
Development Agreement.
Passed, approved and adopted this 1st
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
COUNCIL MEMBER REPORTS
City Council Members expressed gratitude
to City staff for their remarkable job during the
rain storm on July 27 and to the citizens who
are volunteering during the clean up.
PUBLIC INPUT
Representative Chuck Isenhart, 1665
Kaufmann Avenue, spoke about how inspired
he is by the great energy projects taking place
in Dubuque and the impact of the recent storm
on his district.
Joseph Jacobsmeier 1343 Loras Boule-
vard, spoke about the problems he is experi-
encing with and the dangers he is witnessing
with skateboarders in the street and expressed
the need for a single -use skateboard park in
the City
There being no further business, upon mo-
tion the City Council adjourned at 8:03 p.m.
/s/Kevin S. Firnstahl
Acting City Clerk
286 Regular & Special
Sessions, August 15, 2011 Book 141
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
SPECIAL SESSION
The City Council met in special session at
5:00 p.m. on August 15, 2011 in the Historic
Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton, City Manager Van Milligen, City Attorney
Lindahl
Mayor Buol read the call and stated this is
a special session of the City Council to con-
duct interviews for the position of City Clerk.
SPECIAL SESSION
INTERVIEWS FOR THE
POSITION OF CITY CLERK
The City Council conducted interviews with
the following applicants for the position of City
Clerk:
1. Kevin Firnstahl, Acting City Clerk, Dubu-
que, Iowa
2. Linda Gaul, City Clerk/Treasurer, City of
Earlville, Iowa
3. Jennifer Quinton, Deputy City Clerk, City
of Elgin, Illinois
The City Council recessed from 5:24 p.m.
to 5:42 p.m.
4. Teevie Walker, Assistant City Clerk, City
of Valley Center, Kansas
There being no further business, upon mo-
tion the City Council adjourned at 5:57 p.m.
/s/Kevin S. Firnstahl
Acting City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
REGULAR SESSION
The City Council met in regular session at
6:30 p.m. on August 15, 2011 in the Historic
Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton, City Manager Van Milligen, City Attorney
Lindahl
Mayor Buol read the call and stated this is
a regular session of the City Council to con-
duct such business that may properly come
before the Council.
Pledge of Allegiance
Invocation was provided by Sister Amy
Golm of Clarke University
PROCLAMATION
Kinderpalooza Day (September 8, 2011)
was accepted by Peggy Johansson of the
Dubuque Community School District Profes-
sional Center, 700 Locust Street.
PRESENTATION
2010 Iowa Environmental Excellence
Award: Sustainable Dubuque Coordinator Cori
Burbach presented the 2010 Iowa Environ-
mental Excellence Award for Outstanding En-
vironmental Leadership and Innovation.
Correspondence from Lt. Governor Kim
Reynolds congratulating the City of Dubuque
on receiving the Governor's Iowa Environmen-
tal Excellence Award for Outstanding Envi-
ronmental Leadership and Innovation.
CONSENT ITEMS
Motion by Lynch to receive and file the docu-
ments, adopt the resolutions and dispose of as
indicated. Seconded by Connors. Motion car-
ried 7 -0.
Minutes and Reports Submitted: City
Council proceedings of 8/1; Community De-
velopment Advisory Commission of 6/15; His-
toric Preservation Commission of 7/21; In-
vestment Oversight Commission of 7/27; Zon-
ing Advisory Commission of 8/1; Zoning Board
of Adjustment of 7/28
Library Board of Trustees Update from
Meeting of 7/28
Book 141 Regular Session, August 15, 2011 287
Proofs of Publication for City Council Pro-
ceedings of 7/18; List of Claims and Summary
of Revenues for Month Ended June 30, 2011
Upon motion the documents were received
and filed.
Notice of Claims /Suits: Patricia Bodnar for
vehicle damage; Nicolas Davis for vehicle
damage, Todd Fishnick for property damage;
Rita Menadue for property damage; Michael
and Nickole O'Connor for property damage;
River Valley Nursery and Landscaping for
payment of subcontractor work related to the
Dubuque Industrial Center; Aaron Shivers for
vehicle damage; John Sjobakken for property
damage; Cathy Krueger for property damage;
and George Weinberg for vehicle damage.
Upon motion the documents were received,
filed and referred to the City Attorney.
City Attorney advising that the following
claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Com-
munities Assurance Pool: Patricia Bodnar for
vehicle damage; Nicholas Davis for vehicle
damage, Todd Fishnick for property damage;
Cathy Krueger for property damage, Rita
Menadue for property damage; Kelly Schiel for
personal injury; Aaron Shivers for vehicle
damage; and John Sjobakken for property
damage. Upon motion the documents were
received, filed and concurred.
Delinquent Water, Sewer, Refuse and
Stormwater Collection Accounts: City Manager
recommending authorization to submit delin-
quent water, sewer, refuse and storm water
collection accounts to the Dubuque County
Treasurer in order to establish real property
liens for collection of such past due accounts.
Upon motion the documents were received
and filed and Resolution No. 260 -11 Adopting
the Schedule of Assessments for delinquent
water, sewer, refuse and stormwater accounts
and directing the City Clerk to certify the
Schedule of Assessments to the County
Treasurer and to publish notice thereof was
adopted.
RESOLUTION NO. 260 -11
ADOPTING THE SCHEDULE OF ASSESS-
MENTS FOR DELINQUENT WATER, SEW-
ER, REFUSE AND STORMWATER AC-
COUNTS AND DIRECTING THE CITY
CLERK TO CERTIFY THE SCHEDULE OF
ASSESSMENTS TO THE COUNTY TREAS-
URER AND TO PUBLISH NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the Sched-
ule of Assessments attached hereto for delin-
quent water, sewer, refuse, and stormwater
accounts which Schedule of Assessments was
filed in the office of the City Clerk on the 9th
day of August, 2011, the said Schedule of As-
sessments be and the same is hereby ap-
proved and adopted.
That there be, and is hereby assessed and
levied as a lien upon the real property, the
respective sums indicated.
That the City Clerk be and is hereby di-
rected to certify said schedule to the County
Treasurer of Dubuque County, Iowa, and to
publish notice of said certification once each
week for two consecutive weeks in the manner
provided in Iowa Code § 362.3, the first publi-
cation of which shall be not more than fifteen
days from the date of filing of the final sched-
ule. On or before the date of the second publi-
cation of the notice, the City Clerk shall also
mail a copy of said notice to property owners
whose property is subject to assessment, as
provided and directed in Iowa Code § 384.60.
The assessments may be paid in full or in
part at the Utility Billing Office, City Hall, 50 W.
13th Street, Dubuque, Iowa, at any time within
30 days after the date of the first publication of
the notice of the filing of the Schedule of As-
sessments with the County Treasurer. After 30
days, unpaid assessments are payable at the
County Treasurer's Office, Dubuque County
Courthouse, 720 Central Avenue, Dubuque,
Iowa, and charges shall be collected in the
same manner as general property taxes
against the respective parcels of the property
set opposite the name of the property owner.
Passed, approved and adopted this 15th
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Schedule of Assessments for
Delinquent Water, Sewer, Refuse and
Stormwater Accounts
Account Name, Service Address Acct
Balance, Admin Fee, Total Balance
14th St Properties LLC, 246 E 14th St,
$270.55, $5 , $275.55
Allan R Brimeyer, 327 Klingenberg Ter.
70.59, 5, 75.59
Amber M Fleege, 3056 White St, 80.65, 5,
85.65
Amy J & Hulsizer, John E Shepherd, 922
Garfield Ave, 68.7, 5, 73.7
Angie Grimes, 2695 Dove St, 172.36, 5,
177.36
Anna M Riniker, 2528 Jackson St., 127.27,
5, 132.27
Antonio G Conley, 1104 Riverview St.,
38.15, 5, 43.15
Asset Management Specialists, 1955
Clarke Dr., 124.6, 5, 129.6
288 Regular Session,
August 15, 2011 Book 141
Auto & Truck Parts Inc , 3000 Jackson St,
261.3, 5, 266.3
Bayview Investments LC, 30 W 28th St,
36.77, 5, 41.77
Best Asset, 235 Valeria St, 145.65, 5,
150.65
Bill J Finn, 2010 Shelby St, 38.75, 5, 43.75
Bill J Finn, 1860 Heeb St, 96.36, 5, 101.36
Bob J Rooney, 921 Garfield Ave, 201.09,
5, 206.09
Brandon L Hastings, 653 Wilson St,
385.58, 5, 390.58
Bryan R Glanz, 2995 Hillcrest Rd, 4125.86,
5, 4130.86
Ccrc Properties LLC, 653 Caledonia St,
274.59, 5, 279.59
Charles W Wehrspann, 3870 Creston St,
89.55, 5, 94.55
Charmayne M Mcmurray, 1855 Rhomberg
Ave, 108.17, 5, 113.17
Chris C Clark, 2411 Rhomberg Ave, 31.15,
5, 36.15
Chris F Curfman, 82 Alpine St, 20.5, 5,
25.5
Chris J Feldman, 1675 Amy Ct, 150.94, 5,
155.94
Christopher J Mayne, 1001 Garfield Ave,
137.19, 5, 142.19
Ck Concrete Construction LLC, 7869
Commerce Park, 170.81, 5, 175.81
Curtis J Prado, 2230 Francis St Apt 2,
70.56, 5, 75.56
D W Geiger, 2600 Central Ave, 211.81, 5,
216.81
Dale A Hayes, 2501 Central Ave, 39.23, 5,
44.23
Dale F Walbrun, 2300 Jackson St, 85.55,
5, 90.55
Dallas M Kalmes, 1038 Bluff St, 278.7, 5,
283.7
Dan E Loeffelholz, 1103 Thomas PI,
236.86, 5, 241.86
Daniel J Siefker, 1838 Central Ave, 76.91,
5, 81.91
David A & Cecilia J Carner, 358 E 16th St,
47.6, 5, 52.6
David B Welsh, 775 S Grandview Ave,
95.53, 5, 100.53
David M Heinold, 2238 Central Ave,
291.65, 5, 296.65
Dawn M Snider, 154 W 23rd St, 35.12, 5,
40.12
Dean W Miller, 604 Rhomberg Ave., 56.85,
5, 61.85
Deutsche Bank National Trust, 475 Valeria
St., 186.91, 5, 191.91
Don D Heim, 596 University Ave., 144.27,
5, 149.27
Donald S Rogers, 749 Wilson St., 113.56,
5, 118.56
Donovan J Nelson, 1684 W 3rd St.,
2389.49, 5, 2394.49
Doug Wolff, 2020 Rockdale Rd, 61.25, 5,
66.25
Dubuque Property Investments LLC, 1395
Walnut St, 195.52, 5, 200.52
Edward & Leuzmila Karwoski, 1494 Jack-
son St, 204.24, 5, 209.24
Edward & Luzmila Karwoski, 1496 Jackson
St, 201.66, 5, 206.66
Edward & Luzmila Karwoski, 1530 Jackson
St, 79.51, 5, 84.51
Gary A Hansen, 2060 Ellen St, 222.95, 5,
227.95
Gary Bernhard, 1100 Roosevelt St, 149.36,
5, 154.36
Gary Bernhard, 1110 Roosevelt St, 60.91,
5, 65.91
Gary E & Susan M Bay, 1805 Jackson St,
114.72, 5, 119.72
Gary E & Susan M Bay, 1815 Jackson St,
280.59, 5, 285.59
Gary E & Susan M Bay, 321 E 22nd St,
244.92, 5, 249.92
Gary G Less, 2183 Keyway Dr, 986.89, 5,
991.89
Greg B Cray, 745 Davis St, 234.84, 5,
239.84
H & R Properties, 1586 Washington St,
79.85, 5, 84.85
Hasan Rizvic, 3375 Venture Ct, 195.15, 5,
200.15
Helicon Resources LLC, 925 Nevada St
Apt 3, 95.64, 5, 100.64
Helicon Resources LLC, 2413 Jackson St,
183.32, 5, 188.32
Helicon Resources LLC, 344 E 16th St,
145.1, 5, 150.1
Helicon Resources LLC, 601 E 22nd St,
158.39, 5, 163.39
Helicon Resources LLC, 1124 Locust St
Apt 4, 81, 5, 86
Helicon Resources LLC, 925 Nevada St
Apt 1, 99.92, 5, 104.92
Helicon Resources LLC, 603 E 22nd St,
326.42, 5, 331.42
Helicon Resources LLC, 1590 Locust St,
771.05, 5, 776.05
Helicon Resources LLC, 1124 Locust St,
Hse Mt, 816, 5, 821
Helicon Resources LLC, 1918 Ellis St,
113.1, 5, 118.1
Helicon Resources LLC, 2306 Central Ave,
141.38, 5, 146.38
Irma Reyes, 556 Clarke Dr, 28.17, 5, 33.17
Irma Reyes, 558 Clarke Dr, 43.69, 5, 48.69
J Foht, 723 Peru Rd, 149.36, 5, 154.36
James & Suzanne Callahan, 2521 Windsor
Ave., 104.68, 5, 109.68
Janet M Miller, 2175 Roosevelt St, 155.9,
5, 160.9
Janet Rettenmaier, 2139 Central Ave,
151.41, 5, 156.41
Book 141 Regular Session,
August 15, 2011 289
Jay C Close, 689 W Locust St., 185.33, 5,
190.33
Jayme J Mescher, 2577 Glenview Cr,
122.96, 5, 127.96
Jeffrey J Welter, 695 Kane St, 147.19, 5,
152.19
Jeffrey T Smith, 1265 Thomas PI, 288.85,
5, 293.85
Jeffrey T /Kimberly Montgomery, 1555 Ir-
ving St, 331.55, 5, 336.55
Jerod F & Sarah A Bennett, 750 Kelly Ln,
198.87, 5, 203.87
Jerry D & Carla J Lanser, 1128 Roosevelt
S.t, 40.01, 5, 45.01
Jesse Rans, 2008 Foye St, 87, 5, 92
Jim Prine, 1040 Davis Ave, 98.41, 5,
103.41
Jody & Jason P Mccarty, 2170 Deborah
Dr, 274.47, 5, 279.47
Joel F Cabral, 24 Milwaukee St, 75.26, 5,
80.26
John A & Megan R Glassbrenner, 555 W
17th St, 363.52, 5, 368.52
Joseph Healey, 1012 Wilson St, 137.82, 5,
142.82
Josh Stotts, 543 N Booth St, 361.54, 5,
366.54
Josie M Hagensten, 9 E 26th St, 56.96, 5,
61.96
Jr George E Salser, 514 Angella St.,
305.27, 5, 310.27
Judy A Beecher, 55 Milwaukee St., 245.04,
5, 250.04
Julie Leclere, 2491 Hempstead St., 6.88, 5,
11.88
Kathryn A Schrauth, 410 Kaufmann Ave.,
59.15, 5, 64.15
Kellie L Thein, 1713 Vizaleea Dr. 40.07, 5,
45.07
Kenneth A Ginter, 2662 Ogle St., 122.49,
5, 127.49
Kenneth W Hines, 2165 Elm St, 45.34, 5,
50.34
Kerry S Bowman, 15615 Middle Rd.,
128.4, 5, 133.4
Kevin J Klein, 2422 Washington St.,
292.46, 5, 297.46
Kingdom Investment LLC, 500 Hill St.,
96.72, 5, 101.72
Kress Industrial Facility LLC, Seippel Rd.
Commercial Park, 204.97, 5, 209.97
Kristi M Eppler, 2305 Queen St, 503.07, 5,
508.07
Larry Oglesby, 712 Hill St Apt 1, 87.48, 5,
92.48
Lester Wallis, 56 Bluff St, 88.76, 5, 93.76
Lonnie L Allen, 2565 Front St, 123.91, 5,
128.91
Mark Krolich, 743 Louise St, 114.56, 5,
119.56
Mark T Dolson, 54 Alpine St, 128.4, 5,
133.4
Marsha K Rauch, 705 W 3rd St, 45.58, 5,
50.58
Martin K Winders, 2370 Green St., 406.57,
5, 411.57
Martin Schadl, 3170 Keokuk Ct, 93.07, 5,
98.07
Maurice A Kirchberg, 1228 Jackson St.,
35.42, 5, 40.42
Maurice A Kirchberg, 396 W Locust St.,
121.68, 5, 126.68
MCSTAC Properties LLC, 2276 Central
Ave. Apt 1, 23.27, 5, 28.27
Michael J Schetgen, 3922 Inwood Ave,
133.46, 5, 138.46
Michael Kane, 2222 Washington St.,
22.65, 5, 27.65
Michael Lloyd, 2046 Morningview Rd.,
88.79, 5, 93.79
Michelle Scott, 607 W 8th St, 36.43, 5,
41.43
Nathan B Boyes, 1402 Lincoln Ave Apt 2,
236.57, 5, 241.57
Nathan B Boyes, 977 Cleveland Ave,
329.1, 5, 334.1
Nina K Nelson, 520 Lincoln Ave, 265.15, 5,
270.15
Nottingham Properties LLC, 705 Rhom-
berg Ave, 266.2, 5, 271.2
Ocean Rock Investments LLC, 915 Thom-
as PI, 460.86, 5, 465.86
Par Five F /K/A Par Five LLP, 1095 Cedar
Cross Rd, 538.39, 5, 543.39
Pat F Naderman, 2124 Jackson St.,
184.34, 5, 189.34
Patrick J Norton, 2739 Burden St., 164.06,
5, 169.06
Patrick R Marsh, 158 Bluff St, 88.63, 5,
93.63
Paul B Breitbach, 523 Southern Ave, 152,
5, 157
Perry D Sopina, 116 W 13th St 1st FI,
26.49, 5, 31.49
Perry Sopina, 116 W 13th St #2 2nd FI,
123.78, 5, 128.78
Philip F Schromen, 713 Peru Rd, 166.65,
5, 171.65
QHQ Properties, 4292 Dodge St, 117.09,
5, 122.09
Quattro C Properties LLC, 2672 Raven
Oaks Dr, 192.48, 5, 197.48
Quattro C Properties LLC, 3392 Kennedy
Cir, 242, 5, 247
Rebecca A Stover, 2875 Argyle St.,
151.24, 5, 156.24
Rebecca S Brandenburg, 1404 Lincoln
Ave, 239.96, 5, 244.96
Rick R & Susan K Rhomberg, 1572 Old
Mill Rd, 52.62, 5, 57.62
Ricky J Hurst, 3975 Inwood Ave, 149.36, 5,
154.36
Ron Rudiger, 590 Angella St, 151.7, 5,
156.7
290 Regular Session, August 15, 2011 Book 141
Ronald L Houselog, 716 E 22nd St., 37.52,
5, 42.52
Ronda S Carpenter, 2655 Beverly Ave.,
199.59, 5, 204.59
Ryan A Neuhaus, 355 Kaufmann Ave.,
26.78, 5, 31.78
Ryan P Hickson, 743 Cleveland Ave.,
370.02, 5, 375.02
Scott M Bries, 735 Kirkwood St. 2nd,
196.49, 5, 201.49
Scott Shaffer, 2911 Jackson St, 870.78, 5,
875.78
Sec of Housing & Urban Dev, 1720
Vizaleea Dr., 107.48, 5, 112.48
Secretary of Housing & Urban, 2224 Fran-
cis St. Apt 1, 24.81, 5, 29.81
Secretary of Housing & Urban, 2224 Fran-
cis St,. Apt 2, 24.81, 5, 29.81
Secretary Of Housing & Urban, 2222 Fran-
cis St., 57.88, 5, 62.88
Sherrie L Jones, 2790 Andrew Ct., 181.64,
5, 186.64
Stanley G Gonner, 2561 Front St., 159.9,
5, 164.9
Steven J Kaiser, 3405 Jackson St., 226.75,
5, 231.75
Steven R Runde, 3565 Key Corners,
85.31, 5, 90.31
Think Positive LLC, 545 Napier St., 292.4,
5, 297.4
Thomas Cunningham, 1576 Locust St.,
58.55, 5, 63.55
Thomas J & Martha J Blake, 2301 White
St., Apt 2, 168.79, 5, 173.79
Thomas J & Martha J Blake, 2414 Windsor
Ave Apt 2, 84.93, 5, 89.93
Thomas J & Martha J Blake, 2214 Jackson
St # 2, 147.9, 5, 152.9
Thomas J & Martha J Blake, 357 Kauf-
mann Ave. Apt. 2, 123.3, 5, 128.3
Thomas J Wernimont, 1328 Jackson S.t,
169.03, 5, 174.03
Timothy K Manning, 1552 Locust St,
104.49, 5, 109.49
Tina M Pluemer, 890 Pleasant St., 367.8,
5, 372.8
Tom E Connolly, 2900 Indiana Ave,
111.15, 5, 116.15
Tom J Ede, 3951 Inwood Ave., 149.36, 5,
154.36
Tri State Property Mgmt., 2271 Washing-
ton St. #2, 72.3, 5, 77.3
Tri -State Property Management, 539
Pickett St, 271.07, 5, 276.07
Tri -State Property Management, 545 Pickett
St, 295.38, 5, 300.38
Vikki L Vondran, 2490 Green St., 151.94, 5,
156.94
Wayne & Allie Ross, 556 W 17th St., 57.65, 5,
62.65
Wendy T & David A Miller, 82 Collins St.,
155.58, 5, 160.58
West Locust Properties LLC, 450 W Locust
St., 125.79, 5, 130.79
West Locust Properties LLC, 464 W Locust
St., Business, 208.94, 5, 213.94
West Locust Properties LLC, 440 W Locust
St., 144.48, 5, 149.48
William J Heming, 1218 Lincoln Ave, 295.99,
5, 300.99
William L Delaney, 554 W Locust St., 84.49, 5,
89.49
Office of the City Assessor: Communica-
tion from Richard A. Engelken, City Assessor,
advising the City that the Board of Review has
four appeals before the Property Assessment
Appeal Board in Des Moines and four appeals
filed with the Iowa District Court. Upon motion
the document was received and filed.
Bee Branch Creek Restoration Project —
1502 Maple Street: City Manager recommend-
ing approval acquisition of the property at 1502
Maple Street for $73,000 for the Bee Branch
Creek Restoration Project. Upon motion the
documents were received and filed and Reso-
lution No. 261 -11 Approving the acquisition of
real estate owned by Milton E. Schwartz in the
City of Dubuque was adopted.
RESOLUTION NO. 261 -11
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY MILTON E.
SCHWARTZ 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 recom-
mended in the 2001 "Drainage Basin Master
Plan;" and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled 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 legal-
ly described property:
Lot 320 in East Dubuque Addition No. 2, in
the City of Dubuque, Dubuque County, Iowa
At the cost of Seventy Five Thousand and
00/100 Dollars ($75,000.00).
Section 2. That the City of Dubuque be and
is hereby authorized to accept a Warranty
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
Warranty Deed to be recorded in the office of
the Dubuque County Recorder, together with
certified copy of the Resolution.
Book 141 Regular Session, August 15, 2011 291
Section 4. That the City Clerk be and is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 15th
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Carnegie -Stout Public Library Renovation
Project — Contract No. 7: City Manager rec-
ommending acceptance of the construction
contract from the Carnegie -Stout Public Li-
brary Renovation Project — Contract No. 7,
Roofing, as completed by Geisler Brothers in
the final amount of $101,020.82. Upon motion
the documents were received and filed and
Resolution No. 262 -11 Accepting the Carne-
gie -Stout Public Library Renovation Project —
Contract No. 7, Roofing, and Authorizing the
Payment of the contract amount to the con-
tractor was adopted.
RESOLUTION NO. 262 -11
ACCEPTING THE CARNEGIE -STOUT PUB-
LIC LIBRARY RENOVATION PROJECT,
CONTRACT NO. 7 — ROOFING AND AU-
THORIZING THE PAYMENT OF THE CON-
TRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Carnegie -Stout Public Library Renova-
tion Project, Contract No. 7 — Roofing (the
Project) has been completed and the City En-
gineer has examined the work and filed a cer-
tificate stating that the Project has been com-
pleted according to the terms of the Public
Improvement Contract and that the City Engi-
neer recommends that the Project be accept-
ed.
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), Li-
brary Renovation General Funds, Library
Fund - Raising (cash and pledges), Curtis Col-
lection Sale, and Heade Painting Sale appro-
priations for the contract amount of
$101,020.82, less any retained percentage
provided for therein as provided in Iowa Code
Chapter 573, and to pay such retainage only in
accordance with the provisions of Iowa Code
Chapter 573.
Passed, approved and adopted this 15th
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE CARNEGIE -STOUT
PUBLIC LIBRARY RENOVATION PROJECT,
CONTRACT NO. 7 — ROOFING
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. 7— Roofing,
that the Project has been performed in compli-
ance with the terms of the Public Improvement
Contract, and that the total cost of the com-
pleted work is $101,020.82.
Dated this 10th day of August 2011.
Robert Schiesl, Assistant City Engineer
Filed in the office of the City Clerk on the 10th
day of August, 2011.
Kevin S. Firnstahl, Acting City Clerk
Carnegie -Stout Public Library Renovation
Project — Contract No. 8: City Manager rec-
ommending acceptance of the construction
contract for the Carnegie -Stout Public Library
Renovation Project — Contract No. 8, Elevator,
as completed by Tricon Construction in the
final contract amount of $132,600. Upon mo-
tion the documents were received and filed
and Resolution No. 263 -11 Accepting the Car-
negie -Stout Public Library Renovation Project
— Contract No. 8 and authorizing the payment
of the contract amount to the contractor was
adopted.
RESOLUTION NO. 263 -11
ACCEPTING THE CARNEGIE -STOUT PUB-
LIC LIBRARY RENOVATION PROJECT,
CONTRACT NO. 8 — ELEVATOR AND AU-
THORIZING THE PAYMENT OF THE CON-
TRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Carnegie -Stout Public Library Renova-
tion Project, Contract No. 8 - Elevator (the
Project) has been completed and the City En-
gineer has examined the work and filed a cer-
tificate stating that the Project has been com-
pleted according to the terms of the Public
Improvement Contract and that the City Engi-
neer recommends that the Project be accept-
ed.
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), Li-
brary Renovation General Funds, Library
Fund - Raising (cash and pledges), Curtis Col-
lection Sale, and Heade Painting Sale appro-
priations for the contract amount of
$132,600.00 less any retained percentage
292 Regular Session, August 15, 2011 Book 141
provided for therein as provided in Iowa Code
Chapter 573, and to pay such retainage only in
accordance with the provisions of Iowa Code
Chapter 573.
Passed, approved and adopted this 15th
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE CARNEGIE -STOUT
PUBLIC LIBRARY RENOVATION PROJECT,
CONTRACT NO. 8 – ELEVATOR
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. 8 – Elevator,
that the Project has been performed in compli-
ance with the terms of the Public Improvement
Contract, and that the total cost of the com-
pleted work is $132,600.00.
Dated this 10th day of August, 2011.
Robert Schiesl, Assistant City Engineer
Filed in the office of the City Clerk on the 10th
day of August, 2011.
Kevin S. Firnstahl, Acting City Clerk
IA 32 and Asbury Road Turn Lane Im-
provements: City Manager recommending
acceptance of the construction contract for the
IA 32 and Asbury Road Turn Lane Improve-
ments Project as completed by Eastern Iowa
Excavating and Concrete, LLC in the final con-
tract amount of $436,288.34. Upon motion the
documents were received and filed and Reso-
lution No. 264 -11 Accepting the IA 32 and As-
bury Road Turn Lane Improvements Project,
Iowa DOT Project No. STP -32- 1(30)-- 2C -31,
and authorizing the payment of the contract
amount to the contractor was adopted.
RESOLUTION NO. 264 -11
ACCEPTING THE IA 32 AND ASBURY
ROAD TURN LANE IMPROVEMENTS PRO-
JECT, IOWA DOT PROJECT NO. STP -32-
1(30)--2C-31 AND AUTHORIZING THE
PAYMENT OF THE CONTRACT AMOUNT
TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the IA 32 and Asbury Road Turn Lane Im-
provements Project - Iowa DOT Project No.
STP -32- 1(30) -2C -31 (the Project) has been
completed and the City Engineer has exam-
ined 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; and
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 STP
Funding, Northwest Arterial TSF Capacity Im-
provements, Northwest Arterial Capacity Im-
provements, and Traffic Consultant Services
appropriations for the contract amount of
$436,228.34 less any retained percentage
provided for therein as provided in Iowa Code
chapter 573, and to pay such retainage only in
accordance with the provisions of Iowa Code
chapter 573.
Passed, approved and adopted this 15th
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE IA 32 AND ASBURY
ROAD TURN LANE IMPROVEMENTS PRO-
JECT, IOWA DOT PROJECT NO. STP -32-
1(30)- -2C -31
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the IA 32 and Asbury Road Turn
Lane Improvements Project - Iowa DOT Pro-
ject No. STP -32- 1(30)- 2C -31, 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
$539,728.83.
Dated this 10th day of August, 2011.
Robert Schiesl, Assistant City Engineer
Filed in the office of the City Clerk on the 10th
day of August, 2011.
Kevin S. Firnstahl, Acting City Clerk
Historic White Water Creek Bridge Phase 3
– Bridge Abutments: City Manager Recom-
mending acceptance of the improvements and
authorizing payment of the contract amount of
$51,837.50 to Tschiggfrie Excavating, Inc. for
the Historic White Water Creek Bridge Reloca-
tion Project, Phase 3 - Bridge Abutments. Up-
on motion the documents were received and
filed and Resolution No. 265 -11 Accepting the
Historic White Water Creek Bridge Relocation
Project, Phase 3 - Bridge Abutments and au-
thorizing the payment of the contract amount
to the contractor was adopted.
RESOLUTION NO. 265 -11
ACCEPTING THE HISTORIC WHITE WATER
CREEK BRIDGE RELOCATION PROJECT,
PHASE 3 - BRIDGE ABUTMENTS AND AU-
THORIZING THE PAYMENT OF THE CON-
TRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Historic White Water Creek Bridge Re-
location Project, Phase 3 - Bridge Abutments
(the Project) has been completed and the City
Book 141 Regular Session, August 15, 2011 293
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 Engi-
neer recommends that the Project be accept-
ed; and
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
White Water Creek Bridge Relocation capital
improvement appropriation for the contract
amount of $51,837.50 less any retained per-
centage provided for therein as provided in
Iowa Code Chapter 573, and to pay such re-
tainage only in accordance with the provisions
of Iowa Code Chapter 573.
Passed, approved and adopted this 15th
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE HISTORIC WHITE
WATER CREEK BRIDGE RELOCATION
PROJECT, PHASE 3 - BRIDGE ABUT-
MENTS
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the Historic White Water Creek
Bridge Relocation Project, Phase 3 - Bridge
Abutments, and that said Project has been
performed in compliance with the terms of the
Public Improvement Contract, and that the
total cost of the completed work is $57,509.07.
Dated this 9th day of August, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 10th
day of August, 2011.
Kevin S. Firnstahl, Acting City Clerk
2011 Detention Basin Maintenance Pro-
gram: City Manager recommending approval
of the final assessments for the FY2011 De-
tention Basin Maintenance Program. Upon
motion the documents were received and filed
and Resolution No. 266 -11 Adopting the Final
Assessment Schedule for the FY2011 Deten-
tion Basin Maintenance Project was adopted.
RESOLUTION NO. 266 -11
ADOPTING THE FINAL ASSESSMENT
SCHEDULE FOR THE FY2011 DETENTION
BASIN MAINTENANCE PROJECT
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule
of Assessments as shown on the attached
sheet, is hereby approved for the FY2011 De-
tention Basin Maintenance Project.
There is hereby assessed and levied as a
special tax against and upon each of the bene-
fited properties, the respective sums indicated.
The amounts shown in said Final Schedule of
Assessments as deficiencies are found to be
proper and levied conditionally against the
respective properties benefited by the im-
provements as shown in the Final Schedule of
Assessments, subject to the provisions of Iowa
Code § 384.63. Said assessments against
said lots are hereby declared to be in propor-
tion to the special benefits conferred and not in
excess of twenty -five percent of the value of
same.
The City Clerk be and is hereby directed to
certify the Final Schedule of Assessments to
the County Treasurer of Dubuque County,
Iowa, and to publish notice of said certification
once each week for two consecutive weeks in
the manner provided in Iowa Code § 362.3,
the first publication of which shall be not more
than fifteen days from the date of filing of the
Final Schedule of Assessments. On or before
the date of the second publication of the no-
tice, the City Clerk shall also mail a copy of
said notice to property owners whose property
is subject to assessment, as provided in Iowa
Code § 384.60.
The assessments may be paid in full or in
part without interest at the office of the City
Treasurer, City Hall, 50 W. 13th Street, Dubu-
que, Iowa, at any time within 30 days after the
date of the first notice of the Final Schedule of
Assessments. Thereafter, unpaid assessments
of $100.00 or more are payable in 10 annual
installments at the County Treasurer's Office,
Dubuque County Courthouse, 720 Central
Avenue, Dubuque, Iowa, and will draw annual
interest at nine percent (9 %) computed to De-
cember 1 next following the due dates of the
respective installments as provided in Section
384.65 of the Code of Iowa. Each installment
will be delinquent from October 1 following its
due date on July 1 of each year. However,
when the last day of September is a Saturday
or Sunday, that amount shall be delinquent
from the second business day of October. De-
linquent installments will draw the same delin-
quent interest as ordinary taxes. Property
owners may elect to pay any annual install-
ments semi - annually in advance.
Passed, approved and adopted this 15th
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
294 Regular Session, August 15, 2011 Book 141
City Of Dubuque, Iowa
FY 2011 Detention Basin Maintenance
Assessments
Final Schedule of Assessments
Date: August 2, 2011
The following schedule is hereby deter-
mined to show each lot proposed to be as-
sessed for the improvement shown in the title
together with the amount proposed to be as-
sessed against each lot and the valuations
shown opposite each lot are hereby fixed as
the true valuations of such lots by the City
Council of the City of Dubuque.
PROPERTY OWNER NAME; LOT DESCRIP-
TION; PARCEL NUMBER; MAILING AD-
DRESS; DETENTION BASIN MAINTE-
NANCE ASSESSMENT; TOTAL NET AS-
SESSMENT
Amundson, Karen K Lot 1 -3 Blk 1 Arbor
Estates 1016231014 3200 Arboretum Drive
Dubuque, la 52001 3200 Arboretum Drive $
70.00 $ 70.00
Andracchio, Charles & Dawn Lot 3 Blk 4
Arbor Estates 1016228003 3216 Arrowwood
Lane Dubuque, la 52001 3216 Arrowwood
Lane $ 70.00 $ 70.00
Anstoetter, John J & Joan M Lot 2 -4 Blk 1
Arbor Estates 1016231011 3230 Arboretum
Drive Dubuque, la 52001 3230 Arboretum
Drive $ 70.00 $ 70.00
Avenarius, Randy E & Dawn M Lot 8 Blk 1
Arbor Estates 1016231008 3310 Arboretum
Drive Dubuque, la 52001 3310 Arboretum
Drive $ 70.00 $ 70.00
Bahl, Roger P Jr & Jennifer K Lot 7 BIk 4
Arbor Estates 1016228007 3240 Arrowwood
Lane Dubuque, la 52001 3240 Arrowwood
Lane $ 70.00 $ 70.00
Bahr, Mickey & Linda Lot 3 Indiana Sub
1027126025 3050 Indiana Ct Dubuque la
52001 3050 Indiana Ct $ 76.88 $ 76.88
Bakken, Eric M & Tracy S Lot 1 Indiana
Sub Not 1027126027 3045 Indiana Ct Dubu-
que la 52001 3045 Indiana Ct $ 76.88 $ 76.88
Benson, Sean M & Jennifer Lot 8 Elmwood
Green Sub 1014452027 2608 Lobo Lane
Dubuque, la 52001 2608 Lobo Lane $ 44.17 $
44.17
Biggin, Robert H & Judith A Lot 9 BIk 5 Ar-
bor Estates 1016227020 3253 Arrowwood
Lane Dubuque, la 52001 3253 Arrowwood
Lane $ 70.00 $ 70.00
Boardman, David J & Diane M Lot 11 BIk 5
Arbor Estates 1016227022 3206 Bittersweet
Lane Dubuque, la 52001 3206 Bittersweet
Lane $ 70.00 $ 70.00
Broughton Investments, Bob Lot 6 Cedar
Ridge Farm Place #4 1034401015 95
Westside Court Dubuque la 52001 3120 Ce-
dar Crest Ridge $ 224.29 $ 224.29
Chapman, Daniel J & Lynn M Lot 11 Em-
erald Acres #1 1001356005 4205 Tanzanite
Court Dubuque la 52001 4205 Tanzanite
Court $ 33.89 $ 33.89
Chapman, Richard S Lot 2 -3 Blk 1 Arbor
Estates 1016231015 3210 Arboretum Drive
Dubuque, la 52001 3210 Arboretum Drive $
70.00 $ 70.00
D & J Cox Investments Llc Lot 2 Cedar
Ridge Farm Place #5 1034401021 3162 Cedar
Crest Ridge Dubuque la 52003 3160 Cedar
Crest Ridge $ 141.32 $ 141.32
Dalberg, Gregory J & Lori A Lot 2 Blk 4 Ar-
bor Estates 1016228002 3206 Arrowwood
Lane Dubuque, la 52001 3206 Arrowwood
Lane $ 70.00 $ 70.00
Dietz, Patrick J & Renee A Lot 4 Blk 4 Ar-
bor Estates 1016228004 3222 Arrowwood
Lane Dubuque, la 52001 3222 Arrowwood
Lane $ 70.00 $ 70.00
Dominguez, Lorenzo & Olguin, Lisbhet Lot
9 Elmwood Green Sub 1014405025 2616 Lo-
bo Lane Dubuque, la 52001 2616 Lobo Lane $
44.17 $ 44.17
Dorman, Michael R Lot 3 Elmwood Green
Sub 1014406008 2645 Lobo Lane Dubuque,
la 52001 2645 Lobo Lane $ 44.17 $ 44.17
Ellis, Christine L Lot 10 Elmwood Green
Sub 1014405024 2628 Lobo Lane Dubuque,
la 52001 2628 Lobo Lane $ 44.17 $ 44.17
Everhart, Lance Patrick Lot 18 Emerald
Acres # 1 1001354006 136 18th St Apt 202
Rock Island II 61201 705 Tanzanite Drive $
33.89 $ 33.89
Felderman, Donald G & Carole Lot 12 BIk
6 Arbor Estates 1016232001 3321 Arrowwood
Lane Dubuque, la 52002 3321 Arrowwood
Lane $ 70.00 $ 70.00
Fischer, Donald J & Irene E Lot 2 -36 BIk 1
Harvest View Estates 1st Add 1016377035
2319 Harvest View Drive Dubuque la 52002
2319 Harvest View Drive $ 11.91 $ 11.91
Fitzpatrick, Michael P Lot 10 Harvest View
Estates 4th Add 1016327004 2585 Wheatland
Drive Dubuque la 52002 2585 Wheatland
Drive $ 11.91 $ 11.91
Flores, Gerald L & Blanca E Lot 12 BIk 1
Harvest View Estates First Addition
1016378017 2381 Matthew John Drive Dubu-
que la 52002 2381 Matthew John Drive $
11.91 $ 11.91
Flores, Gerardo A Lot 1 -33 BIk 1 Harvest
View Estates First Addition 1016377042 2359
Harvest View Drive Dubuque la 52001 2359
Harvest View Drive $ 11.91 $ 11.91
Foley, Donald D & Shirley M Lot 3 Harvest
View Estates 2nd Add 1016376008 2489
Wheatland Drive Dubuque la 52002 2489
Wheatland Drive $ 11.91 $ 11.91
Ford, Edwin D & Staci L Lot 6 Harvest
View Estate Fifth Add 1016381005 2482 Mill-
stone Drive Dubuque la 52002 2482 Millstone
Book 141 Regular Session, August 15, 2011 295
Drive $ 11.91 $ 11.91
Francis, Kevin J & Connie A Lot 24 Blk 1
Harvest View Estates First Addition
1016378005 2400 Wheatland Drive Dubuque
la 52002 2400 Wheatland Drive $ 11.91 $
11.91
Gasper, Lawrence J Lot 11 Blk 4 Arbor Es-
tates 1016228011 3260 Arrowwood Lane
Dubuque, la 52001 3260 Arrowwood Lane $
70.00 $ 70.00
Geisler, Bernadine M As Trustee Lot 2 -14
Blk 1 Harvest View Estates 1st Add
1016378043 2347 Matthew John Drive Dubu-
que la 52002 2347 Matthew John Drive $
11.91 $ 11.91
Gibson, William J Iii & Joan M Lot 1 -4 Blk 1
Arbor Estates 1016231010 3220 Arboretum
Drive Dubuque, la 52001 3220 Arboretum
Drive $ 70.00 $ 70.00
Gilkes, Dean R & Heather E Lot 1 Harvest
View Estates 4th Add 1016379026 2560 Mat-
thew John Drive Dubuque la 52002 2560 Mat-
thew John Drive $ 11.91 $ 11.91
Giunta li, Francis J & Joanne Lot 11 Blk 1
Harvest View Estates First Addition
1016378018 2397 Matthew John Drive Dubu-
que la 52002 2397 Matthew John Drive $
11.91 $ 11.91
Gorrepati, Krishnarao & Lot 26 Harvest
View Estates Fifth Add 1016377028 2459 Mill-
stone Drive Dubuque la 52002 2459 Millstone
Drive $ 11.91 $ 11.91
Granovsky, Philip A & Peggy A Lot 2 -21
Blk 1 In Harvest View Estates 1st Add
1016378037 2346 Harvest View Drive Dubu-
que la 52002 2346 Harvest View Drive $ 11.91
$ 11.91
Gremmels, Mark L & Debra A Lot 14 Har-
vest View Estates 2nd Add 1016379011 3662
Seville Drive Dubuque la 52002 2416 Matthew
John Drive $ 11.91 $ 11.91
Groshens, Darry E & Rebecca S Lot 8
Harvest View Estates 2nd Add 1016378026
2501 Matthew John Drive Dubuque la 52002
2501 Matthew John Drive $ 11.91 $ 11.91
Gruber, Francis M & Connie M Lot 6 Har-
vest View Estates 4th Add 1016327009 2581
Matthew John Dr Dubuque la 52002 2581
Matthew John Drive $ 11.91 $ 11.91
Gudenkauf, Mark J & Carie A Lot 3 Har-
vest View Estates Fifth Add 1016381008 2493
Hilton Springs Drive Dubuque la 52002 2493
Hilton Springs Drive $ 11.91 $ 11.91
Hafeman, Roger L & Judith A Lot 33 Har-
vest View Estates Fifth Add 1016377021 2555
Millstone Drive Dubuque la 52002 2555 Mill-
stone Drive $ 11.91 $ 11.91
Hall, Randall M & April L Lot 6 Blk 1 Har-
vest View Estates First Addition 1016379001
3970 Cedar Heights Court Dubuque la 52002
3970 Cedar Heights Court $ 11.91 $ 11.91
Hamilton, Chad & Bridget Lot 7 Indiana
Sub 1027126021 3015 Indiana Court Dubuque
la 52001 3015 Indiana Court $ 76.88 $ 76.88
Hammerand, Jeffrey R & Shannon Lot 6
Elmwood Green Sub 1014452025 2604 Lobo
Lane Dubuque, la 52001 - $ 44.17 $ 44.17
Hammerand, Jeffrey R & Shannon Lot 7
Elmwood Green Sub 1014452026 2604 Lobo
Lane Dubuque, la 52001 2604 Lobo Lane $
44.17 $ 44.17
Hansen, Mark E & Martha J Lot 2 -7 Blk 1
Arbor Estates 1016231019 3290 Arboretum
Drive Dubuque, la 52001 3290 Arboretum
Drive $ 70.00 $ 70.00
Hass, Cynthia L & Susan M Lot 5 Harvest
View Estates 4th Add 1016327008 2597 Mat-
thew John Drive Dubuque la 52002 2597 Mat-
thew John Drive $ 11.91 $ 11.91
Helle, Kathy A Lot 12 Harvest View Estates
4th Add 1016327002 2553 Wheatland Drive
Dubuque la 52002 2553 Wheatland Drive $
11.91 $ 11.91
Helle, Martin D Lot 8 Harvest View Estates
4th Add 1016327006 2553 Wheatland Drive
Dubuque la 52002 $ 11.91 $ 11.91
Hennagir, Peggy E Lot 2 -15 Blk 1 Harvest
View Estates 1st Add 1016378033 2331 Mat-
thew John Drive Dubuque la 52002 2331 Mat-
thew John Drive $ 11.91 $ 11.91
Hense, Kevin A & Mary L Lot 18 Harvest
View Estates 2nd Add 1016379015 2480 Mat-
thew John Drive Dubuque la 52002 2480 Mat-
thew John Drive $ 11.91 $ 11.91
Hentges, John P & Carla S Lot 8 Blk 4 Ar-
bor Estates 1016228008 3246 Arrowwood
Lane Dubuque, la 52001 3246 Arrowwood
Lane $ 70.00 $ 70.00
Herrig, Michael T & Wendy A Lot 34 Har-
vest View Estates Fifth Add 1016377020 2571
Millstone Drive Dubuque la 52002 2571 Mill-
stone Drive $ 11.91 $ 11.91
Hingtgen, Dan J & Mae L Lot 10 Harvest
View Estates 2nd Add 1016378024 2469 Mat-
thew John Drive Dubuque la 52002 2469 Mat-
thew John Drive $ 11.91 $ 11.91
Hirsch, Jan M Lot 3 Harvest View Estates
3rd Add 1016379023 2528 Matthew John
Drive Dubuque la 52002 2528 Matthew John
Drive $ 11.91 $ 11.91
Hodge, Tamara L Lot 1 Harvest View Es-
tate Fifth Add 1016381010 2563 Hilton Springs
Drive Dubuque la 52002 2563 Hilton Springs
Drive $ 11.91 $ 11.91
Hoeger, Mark A & Donna J Lot 1 -1 Blk 1
Harvest View Estates First Addition
1016379027 2302 Matthew John Drive Dubu-
que la 52002 2302 Matthew John Drive $
11.91 $ 11.91
Hoerner, William W & Kathleen Lot 11
Harvest View Estates 2nd Add 1016378023
2453 Matthew John Drive Dubuque la 52002
2453 Matthew John Drive $ 11.91 $ 11.91
Holesinger, David A & Marianne Lot 16
296 Regular Session, August 15, 2011 Book 141
Harvest View Estates 2nd Add 1016379013
2448 Matthew John Drive Dubuque la 52002
2448 Matthew John Drive $ 11.91 $ 11.91
Hollensed, William C & Lorna M Lot 8 Indi-
ana Sub 1027126022 541 Hill Glen Ellyn II
60137 3005 Indiana Court $ 76.88 $ 76.88
Holz, James M & Melissa A Lot 1 Indiana
Sub 1027126024 3010 Indiana Court Dubuque
la 52001 3010 Indiana Court $ 76.88 $ 76.88
Hoyer, Dennis P & Sandra K Lot 2 BIk 7
Arbor Estates 1016229001 3318 Arrowwood
Lane Dubuque, la 52001 3318 Arrowwood
Lane $ 70.00 $ 70.00
Jackson, Kristine M Lot 9 BIk 4 Arbor Es-
tates 1016228009 3252 Arrowwood Lane
Dubuque, la 52001 3252 Arrowwood Lane $
70.00 $ 70.00
Jewett, Wayne M & Irene M Lot 2 -34 BIk 1
Harvest View Estates 1st Add 1016377018
2351 Harvest View Drive Dubuque la 52002
2351 Harvest View Drive $ 11.91 $ 11.91
Judge, Randall H & Patricia J Lot 22 BIk 1
Harvest View Estates First Addition
1016378007 2364 Harvest View Drive Dubu-
que la 52002 2364 Harvest View Drive $ 11.91
$ 11.91
Kaufmann, Eric A & Julie A Lot 21 Harvest
View Estates Fifth Add 1016376022 2456 Hil-
ton Springs Drive Dubuque la 52002 2456
Hilton Springs Drive $ 11.91 $ 11.91
Kelly, Kim M Lot 24 Harvest View Estates
Fifth Add 1016377030 2427 Millstone Drive
Dubuque la 52002 2427 Millstone Drive $
11.91 $ 11.91
Kern, Rodney J & Laurie A Lot 5 Elmwood
Green Sub 1014452024 2605 Lobo Lane
Dubuque, la 52001 2605 Lobo Lane $ 44.17 $
44.17
Key City Properties Llc Lot 2 Cedar Ridge
Farm Place #4 1034401011 15637 North Cas-
cade Road Dubuque la 52068 3125 Cedar
Crest Ridge $ 193.18 $ 193.18
Kivlahan Farms Lc BIk 2 Arbor Estates
1016230001 4922 Wild Flower Drive Dubuque,
la 52002 $ 70.00 $ 70.00
Kivlahan Farms Lc Lot 1 BIk 1 Arbor Es-
tates 1016231001 4922 Wild Flower Drive
Dubuque, la 52002 3300 W 32nd Street $
70.00 $ 70.00
Kivlahan Farms Lc Lot 2 BIk 1 Arbor Es-
tates 1016231002 4922 Wild Flower Drive
Dubuque, la 52002 3350 W 32nd Street $
70.00 $ 70.00
Klatt, Herbert G & Eganhouse, Lot 5 Em-
erald Acres #1 1001356011 760 Tanzanite
Drive Dubuque la 52002 760 Tanzanite Drive
$ 33.89 $ 33.89
Klauer, Randall J & Duffy, Lot 12 Harvest
View Estates 2nd Add 1016378022 2437 Mat-
thew John Drive Dubuque la 52002 2437 Mat-
thew John Drive $ 11.91 $ 11.91
Kluck, Jonathan P Lot 19 Harvest View Es-
tates 2nd Add 1016379016 2496 Matthew
John Dr Dubuque la 52001 2496 Matthew
John Dr $ 11.91 $ 11.91
Kolf, F James & Molly A Lot 1 -4 Blk 1 Har-
vest View Estates First Addition 1016379024
2342 Matthew John Drive Dubuque la 52002
2342 Matthew John Drive $ 11.91 $ 11.91
Kreiling, Jeffrey R & Trudy L LOt 27 Blk 1
Harvest View Estates First Addition
1016378002 2448 Wheatland Drive Dubuque
la 52002 2448 Wheatland Drive $ 11.91 $
11.91
Krueger, Otto S & Vrotsos, Lot 8 Harvest
View Estates 3rd Add 1016376011 2521
Wheatland Drive Dubuque la 52002 2521
Wheatland Drive $ 11.91 $ 11.91
Kubesheski, Joseph A & Cindy L Lot 17
Harvest View Estates Fifth Add 1 01 637601 8
2520 Hilton Springs Drive Dubuque la 52002
2520 Hilton Springs Drive $ 11.91 $ 11.91
Kuntz, Gerald W & Virginia I Lot 4
Elmwood Green Sub 1014406009 2621 Lobo
Lane Dubuque, la 52001 2621 Lobo Lane $
44.17 $ 44.17
Labee, James W & Bonita A Lot 2 -4 BIk 1
Harvest View Estates First Addition
1016379025 2340 Matthew John Drive Dubu-
que la 52002 2340 Matthew John Drive $
11.91 $ 11.91
Laird, Mark A & Shelley N Lot 7 BIk 1 Har-
vest View Estates First Addition 1016379008
3960 Cedar Heights Court Dubuque la 52002
3960 Cedar Heights Court $ 11.91 $ 11.91
Laprell, John R & Pamela J Lot 1 -6 BIk 1
Arbor Estates 1016231016 3260 Arboretum
Drive Dubuque, la 52001 3260 Arboretum
Drive $ 70.00 $ 70.00
Larsen, Eric R & Catherine Lot 19 Harvest
View Estates Fifth Add 1016376020 2488 Hil-
ton Springs Drive Dubuque la 52002 2488
Hilton Springs Drive $ 11.91 $ 11.91
Latham, Gary W & Lavonne L Lot 1 -14 BIk
1 Harvest View Estates 1st Add 1016378042
2349 Matthew John Drive Dubuque la 52002
2349 Matthew John Drive $ 11.91 $ 11.91
Leibfried, Daniel R & Denise M Lot 6 BIk 5
Arbor Estates 1016227017 3229 Arrowwood
Lane Dubuque, la 52001 3229 Arrowwood
Lane $ 70.00 $ 70.00
Leibfried, George V & Connie M BIk 1 Lot
2 -20 Harvest View Estates 1st Addition
1016378020 2330 Harvest View Drive Dubu-
que la 52002 2330 Harvest View Drive $ 11.91
$ 11.91
Leibfried, Richard A & Mary Lot 2 -18 BIk 1
Harvest View Estates 1st Add 1016378045
2300 Harvest View Drive Dubuque la 52002
2300 Harvest View Drive $ 11.91 $ 11.91
Leibfried, Richard J & Joyce F Lot 12 Em-
erald Acres #1 1001356004 4225 Tanzanite
Drive Dubuque la 52001 4225 Tanzanite Drive
$ 33.89 $ 33.89
Book 141 Regular Session, August 15, 2011 297
Leibfried, Roger L & Nancy K Lot 13 Blk 4
Arbor Estates 1016228013 3310 Arrowwood
Lane Dubuque, la 52001 3310 Arrowwood
Lane $ 70.00 $ 70.00
Leibold, Terrance J & Joan M Lot 9 Har-
vest View Estate Fifth Add 1016381002 2530
Millstone Drive Dubuque la 52002 2530 Mill-
stone Drive $ 11.91 $ 11.91
Leuchs, David A & Karla A Lot 6 Indiana
Sub 1027126020 3025 Indiana Court Dubuque
la 52001 3025 Indiana Court $ 76.88 $ 76.88
Lewis, Bradley & Stacey Lot 10 Blk 5 Arbor
Estates 1016227021 3259 Arrowwood Lane
Dubuque, la 52001 3259 Arrowwood Lane $
70.00 $ 70.00
Lewis, Wayne T & Janice G Lot 1 -5 Blk 1
Arbor Estates 1016231012 3240 Arboretum
Drive Dubuque, la 52001 3240 Arboretum
Drive $ 70.00 $ 70.00
Lex, Douglas E & Tanya D Lot 4 Harvest
View Estates 2nd Add 1016376007 2473
Wheatland Drive Dubuque la 52002 2473
Wheatland Drive $ 11.91 $ 11.91
Lilly, Lorraine D Lot 2 Elmwood Green Sub
1014406007 2651 Lobo Lane Dubuque, la
52001 2651 Lobo Lane $ 44.17 $ 44.17
Luthro, Alice E & James B Lot 2 -35 Blk 1
Harvest View Estates 1st Addition
1016377014 2335 Harvest View Drive Dubu-
que la 52002 2335 Harvest View Drive $ 11.91
$ 11.91
Mai, Steven J & Jennifer A Lot 11 Harvest
View Estate Fifth Add 1016376012 2592 Hilton
Springs Drive Dubuque la 52002 2592 Hilton
Springs Drive $ 11.91 $ 11.91
Manders, Jeffery R & Dawn M Lot 5 Cedar
Ridge Farm Place #4 1034401014 11243 Oak-
land Farms Rd Dubuque la 52003 3140 Cedar
Crest Ridge $ 250.22 $ 250.22
Maneman, Terrence H & Cathy M Lot 2 -1
Blk 1 Harvest View Estates First Addition
1016379028 2300 Matthew John Drive Dubu-
que la 52002 2300 Matthew John Drive $
11.91 $ 11.91
Marshall, Jon J & Mia Jo Lot 1 Blk 5 Arbor
Estates 1016227012 3201 Arrowwood Lane
Dubuque, la 52001 3201 Arrowwood Lane $
70.00 $ 70.00
Martin, Bobby G & Kay M Lot 6 Harvest
View Estates 3rd Add 1016327011 2544
Wheatland Drive Dubuque la 52002 2544
Wheatland Drive $ 11.91 $ 11.91
Metz, Thomas C & Mary K Lot 1 -3 Blk 1
Harvest View Estates First Addition
1016379018 2324 Matthew John Drive Dubu-
que la 52002 2324 Matthew John Drive $
11.91 $ 11.91
Meyer, Gregory R & Linda L Lot 15 Har-
vest View Estates 2nd Add 1016379012 2432
Matthew John Dr Dubuque la 52002 2432
Matthew John Dr $ 11.91 $ 11.91
Miller, Larry C & Joan E Lot 23 Blk 1 Har-
vest View Estates First Addition 1016378006
2380 Harvest View Drive Dubuque la 52002
2380 Harvest View Drive $ 11.91 $ 11.91
Modukuri, Ravi & Annapurna Lot 25 Har-
vest View Estates Fifth Add 1016377029 2443
Millstone Drive Dubuque la 52002 2443 Mill-
stone Drive $ 11.91 $ 11.91
Mozena, Terry K Lot 1 -32 Blk 1 Harvest
View Estates First Add 1016377036 900 West
3rd Street Dubuque la 52001 2367 Harvest
View Drive $ 11.91 $ 11.91
Mozena, Terry K Lot 2 -33 Blk 1 Harvest
View Estates First Addition 1016377041 900
West 3rd Street Dubuque la 52001 2357 Har-
vest View Drive $ 11.91 $ 11.91
Mueller, Melody A Lot 19 Emerald Acres #
1 1001354005 685 Tanzanite Drive Dubuque
la 52001 685 Tanzanite Drive $ 33.89 $ 33.89
Muir, Mark W & Mary Kay Lot 5 Harvest
View Estates 2nd Add 1016378031 2464
Wheatland Drive Dubuque la 52002 2464
Wheatland Drive $ 11.91 $ 11.91
Mundschenk, Bruce A & Patricia Lot 10
Emerald Acres #1 1001356006 4200 Tanza-
nite Court Dubuque la 52001 4200 Tanzanite
Court $ 33.89 $ 33.89
Nauman, Charles M Lot 11 Elmwood
Green Sub 1014405023 800 Kane Street
Dubuque, la 52001 800 Kane Street $ 44.17 $
44.17
Neumann Jr, Richard W & Lot 7 Emerald
Acres #1 1001356009 4230 Tanzanite Court
Dubuque la 52001 4230 Tanzanite Court $
33.89 $ 33.89
Nicks, John M & Betty G Lot 2 -32 Blk 1
Harvest View Estates First Add 1016377037
2361 Harvest View Drive Dubuque la 52002
2361 Harvest View Drive $ 11.91 $ 11.91
Nilles, Gwen M Lot 1 -2 Blk 1 Harvest View
Estates First Addition 1016379020 2310 Mat-
thew John Drive Dubuque la 52002 2310 Mat-
thew John Drive $ 11.91 $ 11.91
Nowers, Thomas S & Betty Ann Lot 1 -35
Blk 1 Harvest View Estates 1st Addition
1016377013 2337 Harvest View Drive Dubu-
que la 52002 2337 Harvest View Drive $ 11.91
$ 11.91
Oberfoell, James E & Carol J Lot 5 Harvest
View Estate Fifth Add 1016381006 2445 Hilton
Springs Dr Dubuque la 52002 2445 Hilton
Springs Dr $ 11.91 $ 11.91
Oberhoffer, David & Cynthia Lot 7 Blk 5
Arbor Estates 1016227018 3237 Arrowwood
Lane Dubuque, la 52001 3237 Arrowwood
Lane $ 70.00 $ 70.00
Odobasic, Zlatko & Hamida Lot 8 Blk 1
Harvest View Estates First Addition
1016379009 3955 Cedar Heights Court Dubu-
que la 52003 3955 Cedar Heights Court $
11.91 $ 11.91
Perry Investments LLC Lot 1 Cedar Ridge
Farm Place #5 1034401020 10600 Freedom
298 Regular Session, August 15, 2011 Book 141
Ridge Drive Dubuque la 52003 3170 Cedar
Crest Ridge $ 329.31 $ 329.31
Pfeiler, Charles M & Barbara L Lot 4 Blk 5
Arbor Estates 1016227015 3219 Arrowwood
Lane Dubuque, la 52001 3219 Arrowwood
Lane $ 70.00 $ 70.00
Pierce, Ross J Lot 22 Harvest View Es-
tates Fifth Add 1016376023 2440 Hilton
Springs Drive Dubuque la 52002 2440 Hilton
Springs Drive $ 11.91 $ 11.91
Pierro, Justin P & Tammy M Lot 35 Har-
vest View Estates Fifth Add 1016377019 2587
Millstone Drive Dubuque la 52002 2587 Mill-
stone Drive $ 11.91 $ 11.91
Powers, Dennis J & Carol A Lot 7 Cedar
Ridge Farm Place #4 1034401016 767
Brookview Square Dubuque la 52003 3100
Cedar Crest Ridge $ 199.66 $ 199.66
Raap, Brian C & Stacy L Beyer Lot 5 Blk 5
Arbor Estates 1016227016 3223 Arrowwood
Lane Dubuque, la 52001 3223 Arrowwood
Lane $ 70.00 $ 70.00
Rambousek, Julie A Lot 27 Harvest View
Estates Fifth Add 1016377027 2475 Millstone
Drive Dubuque la 52002 2475 Millstone Drive
$ 11.91 $ 11.91
Redmond, Randy R Lot 2 Harvest View
Estates 3rd Add 1016378027 2517 Matthew
John Dr Dubuque la 52002 2517 Matthew
John Dr $ 11.91 $ 11.91
Richard, Gerald D & Patricia H Lot 3 Har-
vest View Estates 4th Add 1016328001 2608
Matthew John Drive Dubuque la 52002 2608
Matthew John Drive $ 11.91 $ 11.91
Riedl, John P & Laura L Lot 8 Emerald
Acres #1 1001356008 4220 Tanzanite Court
Dubuque la 52001 4220 Tanzanite Court $
33.89 $ 33.89
Riley, James W & Heather L Lot 20 Har-
vest View Estates Fifth Add 1016376021 2472
Hilton Springs Drive Dubuque la 52002 2472
Hilton Springs Drive $ 11.91 $ 11.91
Rink, Timothy J & Finnin, Lot 9 Harvest
View Estates 4th Add 1016327005 2576
Wheatland Drive Dubuque la 52002 2576
Wheatland Drive $ 11.91 $ 11.91
Rjmc Ltd Lot 2 Cedar Ridge Farm Place
No 6 1034401022 1252 North Wood Street #3
Dubuque la 60622 3135 Cedar Crest Ridge $
219.11 $ 219.11
Roberts, Jeffrey D & Kathryn G Lot 28 Blk
1 Harvest View Estates First Addition
1016376004 2457 Wheatland Drive Dubuque
la 52002 2457 Wheatland Drive $ 11.91 $
11.91
Rothenberger, Tod D & Jill L Lot 29 Har-
vest View Estates Fifth Add 1016377025 2507
Millstone Drive Dubuque la 52002 2507 Mill-
stone Drive $ 11.91 $ 11.91
Rrtc Properties Llc Lot 1 Cedar Ridge
Farm Place #4 1034401012 15940 Sandestin
Dr Dubuque la 52002 1075 Cedar Cross Road
$ 212.62 $ 212.62
Ruden, Michael A & Susan M Lot 10 Blk 4
Arbor Estates 1016228010 3256 Arrowwood
Lane Dubuque, la 52001 3256 Arrowwood
Lane $ 70.00 $ 70.00
Runde, Jean E Lot 1 -18 Blk 1 Harvest
View Estates 1st Add 1016378044 2302 Har-
vest View Dubuque la 52002 2302 Harvest
View$ 11.91 $ 11.91
Scales, Stephen D & Jill M Lot 5 Indiana
Sub 1027126019 3035 Indiana Ct Dubuque la
52001 3035 Indiana Ct $ 76.88 $ 76.88
Schleter, Daniel M & Jean M Lot 5 Blk 4
Arbor Estates 1016228005 3228 Arrowwood
Lane Dubuque, la 52001 3228 Arrowwood
Lane $ 70.00 $ 70.00
Schloz, Mary E Etal Lot 2 -5 Blk 1 Arbor Es-
tates 1016231013 3250 Arboretum Drive
Dubuque, la 52001 3250 Arboretum Drive $
70.00 $ 70.00
Schultz, Michael J & Meghan Rm Lot 28
Harvest View Estates Fifth Add 1016377026
2491 Millstone Drive Dubuque la 52002 2491
Millstone Drive $ 11.91 $ 11.91
Schultz, Robert J & Jennifer L Lot 31 Har-
vest View Estates Fifth Add 1016377023 2523
Millstone Drive Dubuque la 52002 2523 Mill-
stone Drive $ 11.91 $ 11.91
Serd, Gregory A & Sin Son Lot 3 Blk 5 Ar-
bor Estates 1016227014 3213 Arrowwood
Lane Dubuque, la 52001 3213 Arrowwood
Lane $ 70.00 $ 70.00
Sgt Investments Llc Blk 3 Arbor Estates &
Lot la Arbor Estates 1016201016 8753 Jen-
nifer Court Dubuque, la 52003 3350 Kennedy
Road $ 70.00 $ 70.00
Sheppard, Luke J & Law, Lot 14 Harvest
View Estates 5th Add 1016376015 2552 Hilton
Springs Drive Dubuque la 52002 2552 Hilton
Springs Drive $ 11.91 $ 11.91
Sievers, Frederick M & Mary F Lot 15 Har-
vest View Estates 5th Add 1016376016 2544
Hilton Springs Dr Dubuque la 52002 2544
Hilton Springs Dr $ 11.91 $ 11.91
Smith, Bradford K & Sarah A Lot 10 Har-
vest View Estate Fifth Add 1016381001 2546
Millstone Drive Dubuque la 52002 2546 Mill-
stone Drive $ 11.91 $ 11.91
Smith, Daniel M & Janice M Lot 11 Harvest
View Estates 4th Add 1016327003 2569
Wheatland Dr Dubuque la 52002 2569 Wheat-
land Dr $ 11.91 $ 11.91
Smith, Richard J & Joyce M Lot 1 -36 Blk 1
Harvest View Estates 1st Add 1016377034
2321 Harvest View Drive Dubuque la 52002
2321 Harvest View Drive $ 11.91 $ 11.91
Soat, David J & Linda L Lot 8 Blk 5 Arbor
Estates 1016227019 3243 Arrowwood Lane
Dubuque, la 52001 3243 Arrowwood Lane $
70.00 $ 70.00
Soppe, Chad & Jessica Lot 1 Blk 7 Arbor
Estates 1016229002 3316 Arrowwood Lane
Book 141 Regular Session, August 15, 2011 299
Dubuque, la 52001 3316 Arrowwood Lane $
70.00 $ 70.00
Spensley, Thomas W & Janice D Lot 25
Blk 1 Harvest View Estates First Addition
1016378004 2416 Wheatland Drive Dubuque
la 52002 2416 Wheatland Drive $ 11.91 $
11.91
Spinoso, Joseph C & Shirley R Lot 5 Har-
vest View Estates 3rd Add 1016327012 2549
Matthew John Drive Dubuque la 52002 2549
Matthew John Drive $ 11.91 $ 11.91
St Stephen's Food Bank Lot 1 Cedar Ridge
Farm Place #6 1034401023 3145 Cedar Crest
Rdg Dubuque la 52002 3145 Cedar Crest
Ridge $ 77.79 $ 77.79
Standorf, Jeffrey J & Tamara S Lot 11 Blk
6 Arbor Estates 1016232002 3201 Bittersweet
Lane Dubuque, la 52001 3201 Bittersweet
Lane $ 70.00 $ 70.00
Steffen, James F & Karilyn M Lot 2 Harvest
View Estates 4th Add 1016328002 2600 Mat-
thew John Drive Dubuque la 52002 2600 Mat-
thew John Drive $ 11.91 $ 11.91
Stillmunkes, Ethel M Lot 1 -16 Blk 1 Har-
vest View Estates First Addition 1016378038
2319 Matthew John Drive Dubuque la 52002
2319 Matthew John Drive $ 11.91 $ 11.91
Stricker, Winnifred R & Robert Lot 2 -2 Blk
1 Harvest View Estates First Addition
1016379021 2308 Matthew John Drive Dubu-
que la 52002 2308 Matthew John Drive $
11.91 $ 11.91
T -Corp Lot 1 Emerald Acres #1
1001356015 425 Julien Dubuque Drive Dubu-
que la 52003 $ 33.89 $ 33.89
T -Corp Lot 14 Emerald Acres #1
1001356002 425 Julien Dubuque Drive Dubu-
que la 52003 $ 33.89 $ 33.89
T -Corp Lot 15 Emerald Acres #1
1001356001 425 Julien Dubuque Drive Dubu-
que la 52003 $ 33.89 $ 33.89
T -Corp Lot 16 Emerald Acres #1
1001354008 425 Julien Dubuque Drive Dubu-
que la 52003 $ 33.89 $ 33.89
T -Corp Lot 17 Emerald Acres #1
1001354007 425 Julien Dubuque Drive Dubu-
que la 52003 $ 33.89 $ 33.89
T -Corp Lot 2 Emerald Acres #1
1001356014 425 Julien Dubuque Drive Dubu-
que la 52003 $ 33.89 $ 33.89
T -Corp Lot 3 Emerald Acres #1
1001356013 425 Julien Dubuque Drive Dubu-
que la 52003 $ 33.89 $ 33.89
T -Corp Lot 6 Emerald Acres #1
1001356010 425 Julien Dubuque Drive Dubu-
que la 52003 $ 33.89 $ 33.89
T -Corp Lot 9 Emerald Acres #1
1001356007 425 Julien Dubuque Drive Dubu-
que la 52003 $ 33.89 $ 33.89
Terwilleger, John S & Julia M Lot 1 -7 Blk 1
Arbor Estates 1016231018 3280 Arboretum
Drive Dubuque, la 52001 3280 Arboretum
Drive $ 70.00 $ 70.00
Theisen, James A & Patricia A Lot 2 Blk 5
Arbor Estates 1016227013 3207 Arrowwood
Lane Dubuque, la 52001 3207 Arrowwood
Lane $ 70.00 $ 70.00
Tigges, Mary E Blk 1 Lot 1 -20 Harvest
View Estates 1st Addition 1016378019 2332
Harvest View Drive Dubuque la 52002 2332
Harvest View Drive $ 11.91 $ 11.91
Timmerman, Randy J & Tina M Lot 13
Harvest View Estates 2nd Add 1016378021
2413 Matthew John Drive Dubuque la 52002
2413 Matthew John Drive $ 11.91 $ 11.91
Topf, Mark D & Elizabeth M Lot 7 Harvest
View Estates 4th Add 1016327010 2565 Mat-
thew John Drive Dubuque la 52002 2565 Mat-
thew John Drive $ 11.91 $ 11.91
Tran, Tuan M & Nguyen, Trang T Lot 8
Harvest View Estate Fifth Add 1016381003
2514 Millstone Drive Dubuque la 52002 2514
Millstone Drive $ 11.91 $ 11.91
Trotter, Jon D & Diane K Lot 12 Harvest
View Estate Fifth Add 1016376013 2576 Hilton
Springs Dubuque la 52002 2576 Hilton
Springs $ 11.91 $ 11.91
Udelhofen, Gerald & Joan Lot 2 Indiana
Sub 1027126023 3030 Indiana Ct Dubuque la
52001 3030 Indiana Ct $ 76.88 $ 76.88
Ungs, Peter John Lot 1 Harvest View Es-
tates 3rd Add 1016378028 2512 Wheatland
Drive Dubuque la 52002 2512 Wheatland
Drive $ 11.91 $ 11.91
Vandermillen, Daniel J & Tammy Lot 12
Blk 4 Arbor Estates 1016228012 3300 Arrow -
wood Lane Dubuque, la 52001 3300 Arrow -
wood Lane $ 70.00 $ 70.00
Waelchli, Fredrick J & Lynn A Lot 7 Har-
vest View Estates 3rd Add 1016376010 2537
Wheatland Drive Dubuque la 52002 2537
Wheatland Drive $ 11.91 $ 11.91
Walsh, Michael P & Mary Alice Lot 2 -6 Blk
1 Arbor Estates 1016231017 3270 Arboretum
Drive Dubuque, la 52001 3270 Arboretum
Drive $ 70.00 $ 70.00
Webb, John Lot 1 Blk 4 Arbor Estates
1016228001 3200 Arrowwood Lane Dubuque,
la 52001 3200 Arrowwood Lane $ 70.00 $
70.00
Westside Arterial Development Lot 1 -36
Harvest View Estates 5th Add 1016327014
137 Main Street Suite 400 Dubuque la 52001
$ 11.91 $ 11.91
Westside Arterial Development Lot 2 -36
Harvest View Estates 5th Add 1016327015
137 Main Street Suite 400 Dubuque la 52001
$ 11.91 $ 11.91
Wiebersch, Rita M Lot 2 -17 Blk 1 Harvest
View Estates First Add 1016378041 2301 Mat-
thew John Drive Dubuque la 52002 2301 Mat-
thew John Drive $ 11.91 $ 11.91
Wiltfang, Dennis L & Joyce Lot 12
Elmwood Green Sub 1014405022 2640 Lobo
300 Regular Session, August 15, 2011 Book 141
Lane Dubuque, la 52001 2640 Lobo Lane $
44.17 $ 44.17
Wolff, Julie A Lot 6 Blk 4 Arbor Estates
1016228006 3234 Arrowwood Lane Dubuque,
la 52001 3234 Arrowwood Lane $ 70.00 $
70.00
Woods, Richard J & Lynette E Lot 4 Har-
vest View Estate Fifth Add 1016381007 2477
Hilton Springs Dubuque la 52002 2477 Hilton
Springs $ 11.91 $ 11.91
Wullweber, Brian J & Lori L Lot 13 Emerald
Acres #1 1001356003 660 Tanzanite Drive
Dubuque la 52001 660 Tanzanite Drive $
33.89 $ 33.89
Dubuque Stamping & Manufacturing Com-
pany: City Manager recommending an
amendment to the Development Agreement
with Dubuque Stamping & Manufacturing, Inc.
and R & S Realty, LLC. Upon motion the doc-
uments were received and filed and Resolution
No. 267 -11 Approving the First Amendment to
the Dubuque Stamping & Manufacturing, Inc.
and R & S Realty, LLC Development Agree-
ment was adopted.
RESOLUTION NO. 267 -11
APPROVING THE FIRST AMENDMENT TO
THE DUBUQUE STAMPING & MANUFAC-
TURING, INC. AND R & S REALTY, LLC
DEVELOPMENT AGREEMENT
Whereas, a Development Agreement (the
Agreement), dated March 2, 2009, was en-
tered into by and between the City of Dubu-
que, a municipal corporation of the State of
Iowa (City), Dubuque Stamping & Manufactur-
ing, Inc. (Developer) and R & S Realty, LLC,
an Iowa Limited Liability Company (Owner);
and
Whereas, City, Dubuque Stamping & Man-
ufacturing, Inc. and R & S Realty, LLC now
desire to amend the Development Agreement
as set forth attached First Amendment.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the First Amendment of the
Dubuque Stamping & Manufacturing, Inc. and
R & S Realty, LLC Development Agreement is
hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute said First
Amendment 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 Manager is author-
ized to take such actions as are necessary to
implement the terms of the First Amendment
as herein approved.
Passed, approved and adopted this 15th
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Safe Community Task Force: City Manager
recommending that the City not adopt the
preservation briefs of the National Park Ser-
vice. Upon motion the documents were re-
ceived, filed and approved.
Historic Preservation Commission — Four
Mounds Estate Site Plan Historic Preservation
Commission requesting approval of additional
funding associated with the Historic District
Public Improvement Project (HDPIP) - Four
Mounds Estate Site Plan. Upon motion the
documents were received, filed and approved.
Water and Sanitary Services Funding Re-
quest: City Manager recommending the reallo-
cation of funds to pay for a utility - related study
examining the impacts of extending sewer and
water to the Airport Upon motion the docu-
ments were received, filed and approved.
AIMS Parking Enforcement Software Mod-
ule: City Manager recommending the purchase
of an additional payment software module from
AIMS, the Parking Division software vendor,
which will enhance the online availability to
customers and provide a more seamless and
reliable system for the processing of pay-
ments. Upon motion the documents were re-
ceived, filed, and approved.
Iowa Department of Natural Resources —
State Revolving Fund: City Manager transmit-
ting correspondence from Path Cale- Finnegan,
SRF Coordinator for the Iowa Department of
Natural Resources advising the City of Dubu-
que of the terms of a loan forgiveness for a
portion of the Clean Water Sate Revolving
Fund for the Upper Bee Branch Creek Project.
Upon motion the documents were received
and filed.
Site Plan Review - 3390 Lake Ridge Drive /
Rose of Dubuque, LP: Zoning Advisory Com-
mission recommending approval of the site
plan for a new, three - story, assisted living cen-
ter located at 3390 Lake Ridge Drive as re-
quested by Greg McClenahan for Rose of
Dubuque, LP. Upon motion the documents
were received, filed, and approved.
Intermodal Transportation System — Grant
Applications: City Manager recommending
submittal of two grant applications to provide
funding for the Dubuque Intermodal Transpor-
tation System in the Historic Millwork District.
Upon motion the documents were received,
filed, and approved.
Book 141 Regular Session, August 15, 2011 301
Temporary Help for Processing Roofing
Permits: City Manager recommending approv-
al to hire a part-time clerical worker to assist
with the increased work load due to the in-
crease in roofing permits related to the hail
storm and the increase in mechanical permits
due to the recent flooding, subject to a future
budget amendment. Upon motion the docu-
ments were received, filed, and approved.
General Obligation Bonds Series 2011A and
Taxable General Obligation Bonds Series
2011B: City Manager recommending approval
of the suggested proceedings to complete the
action required on the recent Series 2011A
and 2011B bond issuance. Upon motion the
documents were received and filed and Reso-
lution No. 268 -11 Appointing Registrar and
Paying Agent Series 2011A, Resolution No.
269 -11 Authorizing the issuance of the Bonds
Series 2011A, Resolution No. 270 -11 Appoint-
ing Registrar and Paying Agent Series 2011 B,
and Resolution No. 271 -11 Resolution author-
izing and providing for the issuance of
$1,590,000 Taxable General Obligation
Bonds, Series 2011 B, and levying a tax to pay
said bonds were adopted.
RESOLUTION NO. 268 -11
RESOLUTION APPOINTING WELLS FARGO
BANK, NATIONAL ASSOCIATION OF DES
MOINES, IOWA, TO SERVE AS PAYING
AGENT, BOND REGISTRAR, AND TRANS-
FER AGENT, APPROVING THE PAYING
AGENT AND BOND REGISTRAR AND
TRANSFER AGENT AGREEMENT AND AU-
THORIZING THE EXECUTION OF THE
AGREEMENT
Whereas, pursuant to the provisions of
Chapter 75 of the Code of Iowa, $6,330,000
General Obligation Bonds, Series 2011A, dat-
ed the date of delivery, have been sold at pub-
lic sale and action should now be taken to pro-
vide for the maintenance of records, registra-
tion of certificates and payment of principal
and interest in connection with the issuance of
the Bonds; and
Whereas, this Council has deemed that the
services offered by Wells Fargo Bank, National
Association of Des Moines, Iowa, are neces-
sary for compliance with rules, regulations,
and requirements governing the registration,
transfer and payment of registered Bonds; and
Whereas, a Paying Agent, Bond Registrar
and Transfer Agent Agreement (hereafter
"Agreement') has been prepared to be entered
into between the City and Wells Fargo Bank,
National Association.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY OF DUBUQUE, IOWA:
Section 1. That Wells Fargo Bank, National
Association of Des Moines, Iowa, is hereby
appointed to serve as Paying Agent, Bond
Registrar and Transfer Agent in connection
with the issuance of $6,330,000 General Obli-
gation Bonds, Series 2011 A, dated the date of
delivery.
Section 2. That the Agreement with Wells
Fargo Bank, National Association of Des
Moines, Iowa, is hereby approved and that the
Mayor and Clerk are authorized to sign the
Agreement on behalf of the City.
Passed and approved this 15th day of Au-
gust, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RISE Application and Commitment of Local
Match: City Manager recommending approval
of RISE application and commitment of local
match for 7th and Commercial Streets. Upon
motion the documents were received and filed
and Resolution No. 272 -11 Endorsing the
submission of a Revitalize Iowa's Sound
Economy (RISE) application to the Iowa De-
partment of Transportation for the construction
of 7th and Commercial Streets was adopted.
RESOLUTION NO. 269 -11
RESOLUTION AUTHORIZING AND PROVID-
ING FOR THE ISSUANCE OF $6,330,000
GENERAL OBLIGATION BONDS, SERIES
2011A, AND LEVYING A TAX TO PAY SAID
BONDS
Whereas, the Issuer is duly incorporated,
organized and exists under and by virtue of the
laws and Constitution of the State of Iowa; and
Whereas, the Issuer is in need of funds to
pay costs of the acquisition, construction, re-
construction, improvement and equipping of
waterworks, water mains and extensions, in-
cluding water main and fire hydrant replace-
ments, pump station and laboratory improve-
ments and well field electrical upgrades; the
construction of the Southwest Arterial freeway
improvements; the acquisition of solid waste
collection vehicles; the construction of the Bee
Branch Creek Restoration Project and the ac-
quisition of real property and right -of -way for
the same; the acquisition of flood control barri-
ers; the construction, reconstruction, improve-
ment and repair of sanitary sewer works and
facilities, including the installation of forcemain
and sewer main extensions, the rehabilitation,
reconstruction and replacement of existing
sanitary sewers, and the acquisition, installa-
tion, replacement and improvement of pump-
ing stations, motors, flow monitoring and other
sanitary sewer control equipment and facilities;
and the payment of costs associated with the
stipulated civil penalty and supplemental envi-
ronmental project required under the Consent
Decree with federal and state authorities con-
cerning the Water Pollution Control Plant and
302 Regular Session, August 15, 2011 Book 141
sanitary sewer system, essential corporate
purposes, and it is deemed necessary and
advisable that General Obligation Bonds be
issued for said purpose; and
Whereas, pursuant to notice published as
required by Section 384.25 of said Code, this
Council has held a public meeting and hearing
upon the proposal to institute proceedings for
the issuance of said Bonds, and the Council is
therefore now authorized to proceed with the
issuance of not to exceed $7,035,000 General
Obligation Bonds for such purposes; and
Whereas, the Issuer also is in need of
funds to pay costs of the rehabilitation, renova-
tion and reconstruction of the former 18th
Street Fire Engine House #1, including the
provision of construction financing to the pri-
vate developer undertaking the rehabilitation of
the same; and the re- tamping of the Iowa
Street Parking Ramp facility, general corporate
purposes, and it is deemed necessary and
advisable that General Obligation Bonds be
issued for said purposes; and
Whereas, pursuant to notice published as
required by Section 384.26(5) of said Code,
this Council has held a public meeting and
hearing upon the proposal to institute proceed-
ings for the issuance of said Bonds, and the
Council is therefore now authorized to proceed
with the issuance of not to exceed $700,000
General Obligation Bonds for such purposes;
and
Whereas, pursuant to the provisions of
Chapter 75 of the Code of Iowa, $6,330,000
General Obligation Bonds, Series 2011 A, were
heretofore sold at public sale and action
should now be taken to issue said Bonds con-
forming to the terms and conditions of the best
bid received at the advertised public sale.
NOW, THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Definitions. The following terms
shall have the following meanings in this Reso-
lution unless the text expressly or by neces-
sary implication requires otherwise:
❑ "Authorized Denominations" shall
mean $5,000 or any integral multiple
thereof.
❑ "Beneficial Owner" shall mean the
person in whose name such Bond is rec-
orded as the beneficial owner of a Bond by
a Participant on the records of such Partic-
ipant or such person's subrogee.
❑ "Bond Fund" shall mean the fund
created in Section 3 of this Resolution.
▪ "Bonds" shall mean $6,330,000 Gen-
eral Obligation Bonds, Series 2011A, au-
thorized to be issued by this Resolution.
❑ "Cede & Co." shall mean Cede & Co.,
the nominee of DTC, and any successor
nominee of DTC with respect to the Bonds.
❑ "Continuing Disclosure Certificate"
shall mean that certain Continuing Disclo-
sure Certificate executed by the Issuer and
dated the date of issuance and delivery of
the Bonds, as originally executed and as it
may be amended from time to time in ac-
cordance with the terms thereof.
❑ "Depository Bonds" shall mean the
Bonds as issued in the form of one global
certificate for each maturity, registered in
the Registration Books maintained by the
Registrar in the name of DTC or its nomi-
nee.
❑ "DTC" shall mean The Depository
Trust Company, New York, New York, a
limited purpose trust company, or any suc-
cessor book -entry securities depository
appointed for the Bonds.
❑ "Issuer" and "City' shall mean the
City of Dubuque, Iowa.
▪ "Participants" shall mean those bro-
ker- dealers, banks and other financial insti-
tutions for which DTC holds Bonds as se-
curities depository.
❑ "Paying Agent" shall mean Wells
Fargo Bank, National Association, or such
successor as may be approved by Issuer
as provided herein and who shall carry out
the duties prescribed herein as Issuer's
agent to provide for the payment of princi-
pal of and interest on the Bonds as the
same shall become due.
❑ "Project Fund" shall mean the fund
required to be established by this Resolu-
tion for the deposit of the proceeds of the
Bonds.
❑ "Rebate Fund" shall mean the fund
so defined in and established pursuant to
the Tax Exemption Certificate.
❑ "Registrar" shall mean Wells Fargo
Bank, National Association of Des Moines,
Iowa, or such successor as may be ap-
proved by Issuer as provided herein and
who shall carry out the duties prescribed
herein with respect to maintaining a regis-
ter of the owners of the Bonds. Unless oth-
erwise specified, the Registrar shall also
act as Transfer Agent for the Bonds.
❑ "Representation Letter" shall mean
the Blanket Issuer Letter of Representa-
tions executed and delivered by the Issuer
to DTC on file with DTC.
❑ "Resolution" shall mean this resolu-
tion authorizing the Bonds.
❑ "Tax Exemption Certificate shall
mean the Tax Exemption Certificate exe-
cuted by the Treasurer and delivered at the
time of issuance and delivery of the Bonds.
❑ "Treasurer" shall mean the Finance
Director or such other officer as shall suc-
ceed to the same duties and responsibili-
Book 141 Regular Session, August 15, 2011 303
ties with respect to the recording and pay-
ment of the Bonds issued hereunder.
Section 2. Levy and Certification of Annual
Tax; Other Funds to be Used.
(a) Levy of Annual Tax. That for the pur-
pose of providing funds to pay the principal
and interest of the Bonds hereinafter author-
ized to be issued, there is hereby levied for
each future year the following direct annual tax
on all of the taxable property in Dubuque, Io-
wa, to -wit:
Amount
Fiscal year
(July 1 to June 30)
Year of collection
$615,742
2012/2013
$463,081
2013/2014
$457,781
2014/2015
$457,481
2015/2016
$454,381
2016/2017
$456,131
2017/2018
$452,581
2018/2019
$453,881
2019/2020
$454,881
2020/2021
$455,581
2021/2022
$455,981
2022/2023
$456,081
2023/2024
$460,881
2024/2025
$464,788
2025/2026
$466,838
2026/2027
$467,400
027/2028
$472,400
2028/2029
$470,600
2029/2030
$473,200
2030/2031
(NOTE: For example the levy to be made
and certified against the taxable valuations of
January 1, 2011 will be collected during the
fiscal year commencing July 1, 2012.)
(b) Resolution to be Filed With County
Auditor. A certified copy of this Resolution
should be filed with the County Auditor of
Dubuque County, State of Iowa, and said Au-
ditor is hereby instructed in and for each of the
years as provided, to levy and assess the tax
hereby authorized in Section 2 of this Resolu-
tion, in like manner as other taxes are levied
and assessed, and such taxes so levied in and
for each of the years aforesaid be collected in
like manner as other taxes of the City are col-
lected, and when collected be used for the
purpose of paying principal and interest on
said Bonds issued in anticipation of said tax,
and for no other purpose whatsoever.
(c) Additional City Funds Available. Prin-
cipal and interest coming due at any time
when the proceeds of said tax on hand shall
be insufficient to pay the same shall be
promptly paid when due from current funds of
the City available for that purpose and reim-
bursement shall be made from such special
fund in the amounts thus advanced.
Section 3. Bond Fund. Said tax shall be
collected each year at the same time and in
the same manner as, and in addition to, all
other taxes in and for the City, and when col-
lected they shall be converted into a special
fund within the Debt Service Fund to be known
as the "GENERAL OBLIGATION BOND FUND
2011A" (the 'Bond Fund "), which is hereby
pledged for and shall be used only for the
payment of the principal of and interest on the
Bonds hereinafter authorized to be issued; and
also there shall be apportioned to said fund its
proportion of taxes received by the City from
property that is centrally assessed by the State
of Iowa.
Section 4. Application of Bond Proceeds.
Proceeds of the Bonds other than accrued
interest except as may be provided below shall
be credited to the Project Fund and expended
therefrom for the purposes of issuance. Any
amounts on hand in the Project Fund shall be
available for the payment of the principal of or
interest on the Bonds at any time that other
funds shall be insufficient to the purpose, in
which event such funds shall be repaid to the
Project Fund at the earliest opportunity. Any
balance on hand in the Project Fund and not
immediately required for its purposes may be
invested not inconsistent with limitations pro-
vided by law or this Resolution. Accrued inter-
est, if any, shall be deposited in the Bond
Fund.
Section 5. Investments of Bond Fund Pro-
ceeds. All moneys held in the Bond Fund, pro-
vided for by Section 3 of this Resolution shall
be invested in investments permitted by Chap-
ter 12B, Code of Iowa, 2011, as amended, or
deposited in financial institutions which are
members of the Federal Deposit Insurance
Corporation and the deposits in which are in-
sured thereby and all such deposits exceeding
the maximum amount insured from time to
time by FDIC or its equivalent successor in
any one financial institution shall be continu-
ously secured in compliance with Chapter 12C
of the Code of Iowa, 2011, as amended, or
otherwise by a valid pledge of direct obliga-
tions of the United States Government having
an equivalent market value. All such interim
investments shall mature before the date on
which the moneys are required for payment of
principal of or interest on the Bonds as herein
provided.
Section 6. Bond Details, Execution and
Redemption.
(a) Bond Details. General Obligation
Bonds of the City in the amount of $6,330,000,
shall be issued pursuant to the provisions of
Sections 384.25 and 384.26(5) of the City
Code of Iowa for the aforesaid purposes. The
304 Regular Session, August 15, 2011 Book 141
Bonds shall be designated "GENERAL OBLI-
GATION BOND, SERIES 2011K, be dated
the date of delivery, and bear interest from the
date thereof, until payment thereof, at the of-
fice of the Paying Agent, said interest payable
on June 1, 2012, and semiannually thereafter
on the 1st day of June and December in each
year until maturity at the rates hereinafter pro-
vided.
The Bonds shall be executed by the man-
ual or facsimile signature of the Mayor and
attested by the manual or facsimile signature
of the Clerk, and impressed or printed with the
seal of the City and shall be fully registered as
to both principal and interest as provided in
this Resolution; principal, interest and premi-
um, if any, shall be payable at the office of the
Paying Agent by mailing of a check to the reg-
istered owner of the Bond. The Bonds shall be
in the denomination of $5,000 or multiples
thereof. The Bonds shall mature and bear in-
terest as follows:
Principal
Amount
Interest
Rate
Maturity
June 1st
$260,000
2.000%
2013
$265,000
2.000%
2014
$265,000
2.000%
2015
$270,000
3.000%
2016
$275,000
3.000%
2017
$285,000
3.000%
2018
$290,000
3.000%
2019
$300,000
3.000%
2020
$310,000
3.000%
2021
$320,000
3.000%
2022
$330,000
3.000%
2023
$340,000
3.000%
2024
$355,000
3.125%
2025
$370,000
3.500%
2026
$385,000
3.750%
2027
$400,000
3.750%
2028
$420,000
4.000%
2029
$435,000
4.000%
2030
$455,000
4.000%
2031
(b) Redemption. Bonds maturing after
June 1, 2018 may be called for redemption by
the Issuer and paid before maturity on said
date or any date thereafter, from any funds
regardless of source, in whole or from time to
time in part, in any order of maturity and within
an annual maturity by lot. The terms of re-
demption shall be par, plus accrued interest to
date of call.
Thirty days' notice of redemption shall be
given by ordinary mail to the registered owner
of the Bond. Failure to give such notice by mail
to any registered owner of the Bonds or any
defect therein shall not affect the validity of any
proceedings for the redemption of the Bonds.
All bonds or portions thereof called for re-
demption will cease to bear interest after the
specified redemption date, provided funds for
their redemption are on deposit at the place of
payment.
If selection by lot within a maturity is re-
quired, the Registrar shall designate the bonds
to be redeemed by random selection of the
names of the registered owners of the entire
annual maturity until the total amount of bonds
to be called has been reached.
Section 7. Issuance of Bonds in Book -
Entry Form; Replacement Bonds.
(a) Notwithstanding the other provisions
of this Resolution regarding registration, own-
ership, transfer, payment and exchange of the
Bonds, unless the Issuer determines to permit
the exchange of Depository Bonds for Bonds
in the Authorized Denominations, the Bonds
shall be issued as Depository Bonds in de-
nominations of the entire principal amount of
each maturity of Bonds (or, if a portion of said
principal amount is prepaid, said principal
amount less the prepaid amount); and such
Depository Bonds shall be registered in the
name of Cede & Co., as nominee of DTC.
Payment of semi - annual interest for any De-
pository Bond shall be made by wire transfer
or New York Clearing House or equivalent
next day funds to the account of Cede & Co.
on the interest payment date for the Bonds at
the address indicated in or pursuant to the
Representation Letter.
(b) With respect to Depository Bonds,
neither the Issuer nor the Paying Agent shall
have any responsibility or obligation to any
Participant or to any Beneficial Owner. Without
limiting the immediately preceding sentence,
neither the Issuer nor the Paying Agent shall
have any responsibility or obligation with re-
spect to (i) the accuracy of the records of DTC
or its nominee or of any Participant with re-
spect to any ownership interest in the Bonds,
(ii) the delivery to any Participant, any Benefi-
cial Owner or any other person, other than
DTC or its nominee, of any notice with respect
to the Bonds, (iii) the payment to any Partici-
pant, any Beneficial Owner or any other per-
son, other than DTC or its nominee, of any
amount with respect to the principal of, premi-
um, if any, or interest on the Bonds, or (iv) the
failure of DTC to provide any information or
notification on behalf of any Participant or
Beneficial Owner.
The Issuer and the Paying Agent may treat
DTC or its nominee as, and deem DTC or its
nominee to be, the absolute owner of each
Bond for the purpose of payment of the princi-
pal of, premium, if any, and interest on such
Bond, for the purpose of all other matters with
respect to such Bond, for the purpose of regis-
tering transfers with respect to such Bonds,
and for all other purposes whatsoever (except
Book 141 Regular Session, August 15, 2011 305
for the giving of certain Bond holder consents,
in accordance with the practices and proce-
dures of DTC as may be applicable thereto).
The Paying Agent shall pay all principal of,
premium, if any, and interest on the Bonds
only to or upon the order of the Bondholders
as shown on the Registration Books, and all
such payments shall be valid and effective to
fully satisfy and discharge the Issuer's obliga-
tions with respect to the principal of, premium,
if any, and interest on the Bonds to the extent
so paid. Notwithstanding the provisions of this
Resolution to the contrary (including without
limitation those provisions relating to the sur-
render of Bonds, registration thereof, and is-
suance in Authorized Denominations), as long
as the Bonds are Depository Bonds, full effect
shall be given to the Representation Letter and
the procedures and practices of DTC thereun-
der, and the Paying Agent shall comply there-
with.
(c) Upon (i) a determination by the Issuer
that DTC is no longer able to carry out its func-
tions or is otherwise determined unsatisfacto-
ry, or (ii) a determination by DTC that the
Bonds are no longer eligible for its depository
services or (iii) a determination by the Paying
Agent that DTC has resigned or discontinued
its services for the Bonds, if such substitution
is authorized by law, the Issuer shall (A) des-
ignate a satisfactory substitute depository as
set forth below or, if a satisfactory substitute is
not found, (B) provide for the exchange of De-
pository Bonds for replacement Bonds in Au-
thorized Denominations.
(d) To the extent authorized by law, if the
Issuer determines to provide for the exchange
of Depository Bonds for Bonds in Authorized
Denominations, the Issuer shall so notify the
Paying Agent and shall provide the Registrar
with a supply of executed unauthenticated
Bonds to be so exchanged. The Registrar shall
thereupon notify the owners of the Bonds and
provide for such exchange, and to the extent
that the Beneficial Owners are designated as
the transferee by the owners, the Bonds will be
delivered in appropriate form, content and Au-
thorized Denominations to the Beneficial Own-
ers, as their interests appear.
(e) Any substitute depository shall be
designated in writing by the Issuer to the Pay-
ing Agent. Any such substitute depository shall
be a qualified and registered "clearing agency"
as provided in Section 17A of the Securities
Exchange Act of 1934, as amended. The sub-
stitute depository shall provide for (i) immobili-
zation of the Depository Bonds, (ii) registration
and transfer of interests in Depository Bonds
by book entries made on records of the depos-
itory or its nominee and (iii) payment of princi-
pal of, premium, if any, and interest on the
Bonds in accordance with and as such inter-
ests may appear with respect to such book
entries.
Section 8. Registration of Bonds; Appoint-
ment of Registrar; Transfer; Ownership; Deliv-
ery; and Cancellation.
(a) Registration. The ownership of Bonds
may be transferred only by the making of an
entry upon the books kept for the registration
and transfer of ownership of the Bonds, and in
no other way. Wells Fargo Bank, National As-
sociation is hereby appointed as Bond Regis-
trar under the terms of this Resolution and
under the provisions of a separate agreement
with the Issuer filed herewith which is made a
part hereof by this reference. Registrar shall
maintain the books of the Issuer for the regis-
tration of ownership of the Bonds for the pay-
ment of principal of and interest on the Bonds
as provided in this Resolution. All Bonds shall
be negotiable as provided in Article 8 of the
Uniform Commercial Code and Section 384.31
of the Code of Iowa, subject to the provisions
for registration and transfer contained in the
Bonds and in this Resolution.
(b) Transfer. The ownership of any Bond
may be transferred only upon the Registration
Books kept for the registration and transfer of
Bonds and only upon surrender thereof at the
office of the Registrar together with an as-
signment duly executed by the holder or his
duly authorized attorney in fact in such form as
shall be satisfactory to the Registrar, along
with the address and social security number or
federal employer identification number of such
transferee (or, if registration is to be made in
the name of multiple individuals, of all such
transferees). In the event that the address of
the registered owner of a Bond (other than a
registered owner which is the nominee of the
broker or dealer in question) is that of a broker
or dealer, there must be disclosed on the Reg-
istration Books the information pertaining to
the registered owner required above. Upon the
transfer of any such Bond, a new fully regis-
tered Bond, of any denomination or denomina-
tions permitted by this Resolution in aggregate
principal amount equal to the unmatured and
unredeemed principal amount of such trans-
ferred fully registered Bond, and bearing inter-
est at the same rate and maturing on the same
date or dates shall be delivered by the Regis-
trar.
(c) Registration of Transferred Bonds. In
all cases of the transfer of the Bonds, the Reg-
istrar shall register, at the earliest practicable
time, on the Registration Books, the Bonds, in
accordance with the provisions of this Resolu-
tion.
(d) Ownership. As to any Bond, the per-
son in whose name the ownership of the same
shall be registered on the Registration Books
of the Registrar shall be deemed and regarded
306 Regular Session, August 15, 2011 Book 141
as the absolute owner thereof for all purposes,
and payment of or on account of the principal
of any such Bonds and the premium, if any,
and interest thereon shall be made only to or
upon the order of the registered owner thereof
or his legal representative. All such payments
shall be valid and effectual to satisfy and dis-
charge the liability upon such Bond, including
the interest thereon, to the extent of the sum or
sums so paid.
(e) Cancellation. All Bonds which have
been redeemed shall not be reissued but shall
be cancelled by the Registrar. All Bonds which
are cancelled by the Registrar shall be de-
stroyed and a certificate of the destruction
thereof shall be furnished promptly to the Issu-
er; provided that if the Issuer shall so direct,
the Registrar shall forward the cancelled
Bonds to the Issuer.
(f) Non - Presentment of Bonds. In the
event any payment check representing pay-
ment of principal of or interest on the Bonds is
returned to the Paying Agent or if any bond is
not presented for payment of principal at the
maturity or redemption date, if funds sufficient
to pay such principal of or interest on Bonds
shall have been made available to the Paying
Agent for the benefit of the owner thereof, all
liability of the Issuer to the owner thereof for
such interest or payment of such Bonds shall
forthwith cease, terminate and be completely
discharged, and thereupon it shall be the duty
of the Paying Agent to hold such funds, with-
out liability for interest thereon, for the benefit
of the owner of such Bonds who shall thereaf-
ter be restricted exclusively to such funds for
any claim of whatever nature on his part under
this Resolution or on, or with respect to, such
interest or Bonds. The Paying Agents obliga-
tion to hold such funds shall continue for a
period equal to two years and six months fol-
lowing the date on which such interest or prin-
cipal became due, whether at maturity, or at
the date fixed for redemption thereof, or oth-
erwise, at which time the Paying Agent, shall
surrender any remaining funds so held to the
Issuer, whereupon any claim under this Reso-
lution by the Owners of such interest or Bonds
of whatever nature shall be made upon the
Issuer.
(g) Registration and Transfer Fees. The
Registrar may furnish to each owner, at the
Issuer's expense, one bond for each annual
maturity. The Registrar shall furnish additional
bonds in lesser denominations (but not less
than the minimum denomination) to an owner
who so requests.
Section 9. Reissuance of Mutilated, De-
stroyed, Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or
be destroyed, stolen or lost, the Issuer shall at
the request of Registrar authenticate and de-
liver a new Bond of like tenor and amount as
the Bond so mutilated, destroyed, stolen or
lost, in exchange and substitution for such
mutilated Bond to Registrar, upon surrender of
such mutilated Bond, or in lieu of and substitu-
tion for the Bond destroyed, stolen or lost, up-
on filing with the Registrar evidence satisfacto-
ry to the Registrar and Issuer that such Bond
has been destroyed, stolen or lost and proof of
ownership thereof, and upon furnishing the
Registrar and Issuer with satisfactory indemni-
ty and complying with such other reasonable
regulations as the Issuer or its agent may pre-
scribe and paying such expenses as the Issuer
may incur in connection therewith.
Section 10. Record Date. Payments of
principal and interest, otherwise than upon full
redemption, made in respect of any Bond,
shall be made to the registered holder thereof
or to their designated agent as the same ap-
pear on the books of the Registrar on the 15th
day preceding the payment date. All such
payments shall fully discharge the obligations
of the Issuer in respect of such Bonds to the
extent of the payments so made. Payment of
principal shall only be made upon surrender of
the Bond to the Paying Agent.
Section 11. Execution, Authentication and
Delivery of the Bonds. Upon the adoption of
this Resolution, the Mayor and Clerk shall ex-
ecute and deliver the Bonds to the Registrar,
who shall authenticate the Bonds and deliver
the same to or upon order of the Purchaser.
No Bond shall be valid or obligatory for any
purpose or shall be entitled to any right or
benefit hereunder unless the Registrar shall
duly endorse and execute on such Bond a
Certificate of Authentication substantially in the
form of the Certificate herein set forth. Such
Certificate upon any Bond executed on behalf
of the Issuer shall be conclusive evidence that
the Bond so authenticated has been duly is-
sued under this Resolution and that the holder
thereof is entitled to the benefits of this Reso-
lution.
No Bonds shall be authenticated and de-
livered by the Registrar unless and until there
shall have been provided the following:
1. A certified copy of the Resolution
of Issuer authorizing the issu-
ance of the Bonds;
2. A written order of Issuer signed
by the Treasurer of the Issuer di-
recting the authentication and
delivery of the Bonds to or upon
the order of the Purchaser upon
payment of the purchase price as
set forth therein;
3. The approving opinion of Ahlers
& Cooney, P.C., Bond Counsel,
concerning the validity and legali-
Book 141 Regular Session, August 15, 2011 307
ty of all the Bonds proposed to
be issued.
Section 12. Right to Name Substitute Pav-
ing Agent or Registrar. Issuer reserves the
right to name a substitute, successor Registrar
or Paying Agent upon giving prompt written
notice to each registered bondholder.
Section 13. Form of Bond. Bonds shall be
printed in substantial compliance with stand-
ards proposed by the American Standards
Institute substantially in the form as [provided].
Interest and principal shall be paid to the
registered holder of the Bond as shown on the
records of ownership maintained by the Regis-
trar as of the 15th day preceding such interest
payment date. Interest shall be computed on
the basis of a 360 -day year of twelve 30 -day
months.
This Bond is issued pursuant to the provi-
sions of Sections 384.25 and 384.26(5) of the
City Code of Iowa, for the purpose of paying
costs of the acquisition, construction, recon-
struction, improvement and equipping of wa-
terworks, water mains and extensions, includ-
ing water main and fire hydrant replacements,
pump station and laboratory improvements
and well field electrical upgrades; the construc-
tion of the Southwest Arterial freeway im-
provements; the acquisition of solid waste col-
lection vehicles; the construction of the Bee
Branch Creek Restoration Project and the ac-
quisition of real property and right -of -way for
the same; the acquisition of flood control barri-
ers; the construction, reconstruction, improve-
ment and repair of sanitary sewer works and
facilities, including the installation of forcemain
and sewer main extensions, the rehabilitation,
reconstruction and replacement of existing
sanitary sewers, and the acquisition, installa-
tion, replacement and improvement of pump-
ing stations, motors, flow monitoring and other
sanitary sewer control equipment and facilities;
and the payment of costs associated with the
stipulated civil penalty and supplemental envi-
ronmental project required under the Consent
Decree with federal and state authorities con-
cerning the Water Pollution Control Plant and
sanitary sewer system; and the re- tamping of
the Iowa Street Parking Ramp facility, in con-
formity to a Resolution of the Council of said
City duly passed and approved.
Unless this certificate is presented by an
authorized representative of The Depository
Trust Company, a limited purpose trust com-
pany ( "DTC "), to the Issuer or its agent for
registration of transfer, exchange or payment,
and any certificate issued is registered in the
name of Cede & Co. or such other name as
requested by an authorized representative of
DTC (and any payment is made to Cede & Co.
or to such other Issuer as is requested by an
authorized representative of DTC), ANY
TRANSFER, PLEDGE OR OTHER USE
HEREOF FOR VALUE OR OTHERWISE BY
OR TO ANY PERSON IS WRONGFUL inas-
much as the registered owner hereof, Cede &
Co., has an interest herein.
Bonds maturing after June 1, 2018 may be
called for redemption by the Issuer and paid
before maturity on said date or any date there-
after, from any funds regardless of source, in
whole or from time to time in part, in any order
of maturity and within an annual maturity by
lot. The terms of redemption shall be par, plus
accrued interest to date of call.
Thirty days' notice of redemption shall be
given by ordinary mail to the registered owner
of the Bond. Failure to give such notice by mail
to any registered owner of the Bonds or any
defect therein shall not affect the validity of any
proceedings for the redemption of the Bonds.
All bonds or portions thereof called for re-
demption will cease to bear interest after the
specified redemption date, provided funds for
their redemption are on deposit at the place of
payment.
If selection by lot within a maturity is re-
quired, the Registrar shall designate the bonds
to be redeemed by random selection of the
names of the registered owners of the entire
annual maturity until the total amount of bonds
to be called has been reached.
Ownership of this Bond may be transferred
only by transfer upon the books kept for such
purpose by Wells Fargo Bank, National Asso-
ciation, the Registrar. Such transfer on the
books shall occur only upon presentation and
surrender of this Bond at the office of the Reg-
istrar as designated below, together with an
assignment duly executed by the owner hereof
or his duly authorized attorney in the form as
shall be satisfactory to the Registrar. Issuer
reserves the right to substitute the Registrar
and Paying Agent but shall, however, promptly
give notice to registered bondholders of such
change. All bonds shall be negotiable as pro-
vided in Article 8 of the Uniform Commercial
Code and Section 384.31 of the Code of Iowa,
subject to the provisions for registration and
transfer contained in the Bond Resolution.
This Bond is a "qualified tax - exempt obliga-
tion" designated by the City for purposes of
Section 265(b)(3)(B) of the Internal Revenue
Code of 1986.
And it is hereby represented and certified
that all acts, conditions and things requisite,
according to the laws and Constitution of the
State of Iowa, to exist, to be had, to be done,
or to be performed precedent to the lawful
issue of this Bond, have been existent, had,
done and performed as required by law; that
provision has been made for the levy of a suf-
ficient continuing annual tax on all the taxable
property within the territory of the Issuer for the
308 Regular Session, August 15, 2011 Book 141
payment of the principal and interest of this
Bond as the same will respectively become
due; that the faith, credit, revenues and re-
sources and all the real and personal property
of the Issuer are irrevocably pledged for the
prompt payment hereof, both principal and
interest; and the total indebtedness of the Is-
suer including this Bond, does not exceed the
constitutional or statutory limitations.
IN TESTIMONY WHEREOF, the Issuer by
its Council, has caused this Bond to be signed
by the manual signature of its Mayor and at-
tested by the manual signature of its City
Clerk, with the seal of the City impressed
hereon, and to be authenticated by the manual
signature of an authorized representative of
the Registrar, Wells Fargo Bank, National As-
sociation, Des Moines, Iowa.
Section 14. Contract Between Issuer and
Purchaser. This Resolution constitutes a con-
tract between said City and the purchaser of
the Bonds.
Section 15. Non - Arbitraqe Covenants. The
Issuer reasonably expects and covenants that
no use will be made of the proceeds from the
issuance and sale of the Bonds issued here-
under which will cause any of the Bonds to be
classified as arbitrage bonds within the mean-
ing of Sections 148(a) and (b) of the Internal
Revenue Code of the United States, as
amended, and that throughout the term of the
Bonds it will comply with the requirements of
statutes and regulations issued thereunder.
To the best knowledge and belief of the Is-
suer, there are no facts or circumstances that
would materially change the foregoing state-
ments or the conclusion that it is not expected
that the proceeds of the Bonds will be used in
a manner that would cause the Bonds to be
arbitrage bonds. Without limiting the generality
of the foregoing, the Issuer hereby agrees to
comply with the provisions of the Tax Exemp-
tion Certificate and the provisions of the Tax
Exemption Certificate are hereby incorporated
by reference as part of this Resolution. The
Treasurer is hereby directed to make and in-
sert all calculations and determinations neces-
sary to complete the Tax Exemption Certificate
in all respects and to execute and deliver the
Tax Exemption Certificate at issuance of the
Bonds to certify as to the reasonable expecta-
tions and covenants of the Issuer at that date.
Section 16. Additional Covenants, Repre-
sentations and Warranties of the Issuer. The
Issuer certifies and covenants with the pur-
chasers and holders of the Bonds from time to
time outstanding that the Issuer through its
officers, (a) will make such further specific
covenants, representations and assurances as
may be necessary or advisable; (b) comply
with all representations, covenants and assur-
ances contained in the Tax Exemption Certifi-
cate, which Tax Exemption Certificate shall
constitute a part of the contract between the
Issuer and the owners of the Bonds;(c) consult
with bond counsel (as defined in the Tax Ex-
emption Certificate); (d) pay to the United
States, as necessary, such sums of money
representing required rebates of excess arbi-
trage profits relating to the Bonds;(e) file such
forms, statements and supporting documents
as may be required and in a timely manner;
and (f) if deemed necessary or advisable by its
officers, to employ and pay fiscal agents, fi-
nancial advisors, attorneys and other persons
to assist the Issuer in such compliance.
Section 17. Amendment of Resolution to
Maintain Tax Exemption. This Resolution may
be amended without the consent of any owner
of the Bonds if, in the opinion of bond counsel,
such amendment is necessary to maintain tax
exemption with respect to the Bonds under
applicable Federal law or regulations.
Section 18. Qualified Tax - Exempt Obliga-
tions. For the sole purpose of qualifying the
Bonds as "Qualified Tax - Exempt Obligations"
pursuant to the Internal Revenue Code of the
United States, the Issuer designates the
Bonds as qualified tax- exempt obligations and
represents that the reasonably anticipated
amount of tax - exempt governmental obliga-
tions which will be issued during the current
calendar year will not exceed Ten (10) Million
Dollars.
Section 19. Continuing Disclosure. The Is-
suer hereby covenants and agrees that it will
comply with and carry out all of the provisions
of the Continuing Disclosure Certificate, and
the provisions of the Continuing Disclosure
Certificate are hereby incorporated by refer-
ence as part of this Resolution and made a
part hereof. Notwithstanding any other provi-
sion of this Resolution, failure of the Issuer to
comply with the Continuing Disclosure Certifi-
cate shall not be considered an event of de-
fault under this Resolution; however, any hold-
er of the Bonds or Beneficial Owner may take
such actions as may be necessary and appro-
priate, including seeking specific performance
by court order, to cause the Issuer to comply
with its obligations under the Continuing Dis-
closure Certificate. For purposes of this sec-
tion, 'Beneficial Owner" means any person
which (a) has the power, directly or indirectly,
to vote or consent with respect to, or to dis-
pose of ownership of, any Bond (including
persons holding Bonds through nominees,
depositories or other intermediaries), or (b) is
treated as the owner of any Bonds for federal
income tax purposes.
Section 20. Severability Clause. If any sec-
tion, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall
not affect any of the remaining provisions
Book 141 Regular Session, August 15, 2011 309
hereof, and this Resolution shall become ef-
fective immediately upon its passage and ap-
proval.
Section 21. Repeal of Conflicting Resolu-
tions or Ordinances. That all ordinances and
resolutions and parts of ordinances and reso-
lutions in conflict herewith are hereby re-
pealed.
Passed and approved this 15th day of
August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 270 -11
RESOLUTION APPOINTING WELLS FARGO
BANK, NATIONAL ASSOCIATION OF DES
MOINES, IOWA, TO SERVE AS PAYING
AGENT, BOND REGISTRAR, AND TRANS-
FER AGENT, APPROVING THE PAYING
AGENT AND BOND REGISTRAR AND
TRANSFER AGENT AGREEMENT AND AU-
THORIZING THE EXECUTION OF THE
AGREEMENT
Whereas, pursuant to the provisions of
Chapter 75 of the Code of Iowa, $1,590,000
Taxable General Obligation Bonds, Series
2011 B, dated the date of delivery, have been
sold at public sale and action should now be
taken to provide for the maintenance of rec-
ords, registration of certificates and payment of
principal and interest in connection with the
issuance of the Bonds; and
Whereas, this Council has deemed that the
services offered by Wells Fargo Bank, National
Association of Des Moines, Iowa, are neces-
sary for compliance with rules, regulations,
and requirements governing the registration,
transfer and payment of registered Bonds; and
Whereas, a Paying Agent, Bond Registrar
and Transfer Agent Agreement (hereafter
"Agreement') has been prepared to be entered
into between the City and Wells Fargo Bank,
National Association.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY OF DUBUQUE, STATE OF
IOWA:
Section 1. That Wells Fargo Bank, National
Association of Des Moines, Iowa, is hereby
appointed to serve as Paying Agent, Bond
Registrar and Transfer Agent in connection
with the issuance of $1,590,000 Taxable Gen-
eral Obligation Bonds, Series 2011B, dated
the date of delivery.
Section 2. That the Agreement with Wells
Fargo Bank, National Association of Des
Moines, Iowa, is hereby approved and that the
Mayor and Clerk are authorized to sign the
Agreement on behalf of the City.
Passed and approved this 15th day of Au-
gust, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 271 -11
RESOLUTION AUTHORIZING AND PROVID-
ING FOR THE ISSUANCE OF $1,590,000
TAXABLE GENERAL OBLIGATION BONDS,
SERIES 2011B, AND LEVYING A TAX TO
PAY SAID BONDS
Whereas, the Issuer is duly incorporated,
organized and exists under and by virtue of the
laws and Constitution of the State of Iowa; and
Whereas, the Issuer is in need of funds to
pay costs of aiding in the planning, undertak-
ing and carrying out of urban renewal project
activities under Chapter 403 of the Code of
Iowa and the Amended and Restated Urban
Renewal Plans for the Dubuque Industrial
Center West Economic Development District
and the Greater Downtown Urban Renewal
Area, including those costs associated with
grading and road construction on the South
Siegert Farm area of DICW, and emergency
repairs to the Port of Dubuque Parking Ramp
and related litigation expenses, essential cor-
porate purposes, and it is deemed necessary
and advisable that General Obligation Bonds
be issued for said purpose; and
Whereas, pursuant to notice published as
required by Section 384.25 of said Code, this
Council has held a public meeting and hearing
upon the proposal to institute proceedings for
the issuance of said Bonds to the amount of
not to exceed $1,265,000, and the Council is
therefore now authorized to proceed with the
issuance of General Obligation Bonds for such
purposes; and
Whereas REAS, the City also is in need of
funds to pay costs of the rehabilitation, renova-
tion and reconstruction of the former 18th
Street Fire Engine House #1, including the
provision of construction financing to the pri-
vate developer undertaking the rehabilitation of
the same; and the re- tamping of the Iowa
Street Parking Ramp facility, general corporate
purposes, and it is deemed necessary and
advisable that General Obligation Bonds be
authorized for said purpose; and
Whereas, the City has a population of
more than 5,000 but not more than 75,000 and
the amount of the Bonds to be issued is not
more than $700,000; and
Whereas, pursuant to notice published as
required by Section 384.26 (5) of said Code,
the Council of the City has held a public meet-
ing and hearing upon the proposal to institute
proceedings for the issuance of Bonds for
general corporate purposes in the amount as
above set forth, and, no petition for referen-
dum having been received, the Council is
therefore now authorized to proceed with the
issuance of $700,000 General Obligation
Bonds for such purposes; and
Whereas, pursuant to Section 384.28 of
the City Code of Iowa, it has previously been
310 Regular Session, August 15, 2011 Book 141
determined that the various general obligation
bonds authorized as hereinabove described
shall be combined for the purpose of issuance
in a single issue of Taxable General Obligation
Bonds, Series 2011 B, in the principal amount
of $1,590,000 as hereinafter set forth; and
Whereas, pursuant to the provisions of
Chapter 75 of the Code of Iowa, the above
mentioned Bonds were heretofore sold at pub-
lic sale and action should now be taken to is-
sue said Bonds conforming to the terms and
conditions of the best bid received at the ad-
vertised public sale.
NOW, THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Definitions. The following terms
shall have the following meanings in this Reso-
lution unless the text expressly or by neces-
sary implication requires otherwise:
❑ "Authorized Denominations" shall
mean $5,000 or any integral multiple thereof.
❑ "Beneficial Owner" shall mean the
person in whose name such Bond is recorded
as the beneficial owner of a Bond by a Partici-
pant on the records of such Participant or such
person's subrogee.
❑ "Bond Fund" shall mean the fund
created in Section 3 of this Resolution.
❑ "Bonds" shall mean $1,590,000 Tax-
able General Obligation Bonds, Series 2011B,
authorized to be issued by this Resolution.
❑ "Cede & Co." shall mean Cede & Co.,
the nominee of DTC, and any successor nom-
inee of DTC with respect to the Bonds.
❑ "Continuing Disclosure Certificate"
shall mean that certain Continuing Disclosure
Certificate executed by the Issuer and dated
the date of issuance and delivery of the Bonds,
as originally executed and as it may be
amended from time to time in accordance with
the terms thereof.
❑ "Depository Bonds" shall mean the
Bonds as issued in the form of one global cer-
tificate for each maturity, registered in the Reg-
istration Books maintained by the Registrar in
the name of DTC or its nominee.
❑ "DTC" shall mean The Depository
Trust Company, New York, New York, a lim-
ited purpose trust company, or any successor
book -entry securities depository appointed for
the Bonds.
❑ "Issuer" and "City" shall mean the
City of Dubuque, State of Iowa.
❑ "Participants" shall mean those bro-
ker- dealers, banks and other financial institu-
tions for which DTC holds Bonds as securities
depository.
❑ "Paying Agent" shall mean Wells
Fargo Bank, National Association, or such
successor as may be approved by Issuer as
provided herein and who shall carry out the
duties prescribed herein as Issuer's agent to
provide for the payment of principal of and
interest on the Bonds as the same shall be-
come due.
❑ "Project Fund" shall mean the fund
required to be established by this Resolution
for the deposit of the proceeds of the Bonds.
❑ "Registrar" shall mean Wells Fargo
Bank, National Association of Des Moines,
Iowa, or such successor as may be approved
by Issuer as provided herein and who shall
carry out the duties prescribed herein with
respect to maintaining a register of the owners
of the Bonds. Unless otherwise specified, the
Registrar shall also act as Transfer Agent for
the Bonds.
❑ "Representation Letter" shall mean
the Blanket Issuer Letter of Representations
executed and delivered by the Issuer to DTC
on file with DTC.
❑ "Resolution" shall mean this resolu-
tion authorizing the Bonds.
❑ "Treasurer" shall mean the Finance
Director or such other officer as shall succeed
to the same duties and responsibilities with
respect to the recording and payment of the
Bonds issued hereunder.
Section 2. Levy and Certification of Annual
Tax; Other Funds to be Used.
(a) Levy of Annual Tax. That for the pur-
pose of providing funds to pay the principal
and interest of the Bonds hereinafter author-
ized to be issued, there is hereby levied for
each future year the following direct annual tax
on all of the taxable property in Dubuque, Io-
wa, to -wit:
Amount
Fiscal Year
(July 1 to June 30)
Year of collection
$189,801
2012/2013
$149,065
2013/2014
$146,815
2014/2015
$144,565
2015/2016
$142,315
2016/2017
$145,015
2017/2018
$142,233
2018/2019
$144.083
2019/2020
$145,508
2020/2021
$146,483
2021/2022
$146,983
2022/2023
$147,108
2023/2024
$146,843
2024/2025
$151,308
2025/2026
(NOTE: For example the levy to be made
and certified against the taxable valuations of
January 1, 2011 will be collected during the
fiscal year commencing July 1, 2012.)
(b) Resolution to be Filed With County
Auditor. A certified copy of this Resolution
Book 141 Regular Session, August 15, 2011 311
should be filed with the County Auditor of
Dubuque County, State of Iowa, and said Au-
ditor is hereby instructed in and for each of the
years as provided, to levy and assess the tax
hereby authorized in Section 2 of this Resolu-
tion, in like manner as other taxes are levied
and assessed, and such taxes so levied in and
for each of the years aforesaid be collected in
like manner as other taxes of the City are col-
lected, and when collected be used for the
purpose of paying principal and interest on
said Bonds issued in anticipation of said tax,
and for no other purpose whatsoever.
(c) Additional City Funds Available. Prin-
cipal and interest coming due at any time
when the proceeds of said tax on hand shall
be insufficient to pay the same shall be
promptly paid when due from current funds of
the City available for that purpose and reim-
bursement shall be made from such special
fund in the amounts thus advanced.
Section 3. Bond Fund. Said tax shall be
collected each year at the same time and in
the same manner as, and in addition to, all
other taxes in and for the City, and when col-
lected they shall be converted into a special
fund within the Debt Service Fund to be known
as the 'TAXABLE GENERAL OBLIGATION
BOND FUND 2011 B" (the "Bond Fund "), which
is hereby pledged for and shall be used only
for the payment of the principal of and interest
on the Bonds hereinafter authorized to be is-
sued; and also there shall be apportioned to
said fund its proportion of taxes received by
the City from property that is centrally as-
sessed by the State of Iowa.
Section 4. Application of Bond Proceeds.
Proceeds of the Bonds other than accrued
interest except as may be provided below shall
be credited to the Project Fund and expended
therefrom for the purposes of issuance. Any
amounts on hand in the Project Fund shall be
available for the payment of the principal of or
interest on the Bonds at any time that other
funds shall be insufficient to the purpose, in
which event such funds shall be repaid to the
Project Fund at the earliest opportunity. Any
balance on hand in the Project Fund and not
immediately required for its purposes may be
invested not inconsistent with limitations pro-
vided by law or this Resolution. Accrued inter-
est, if any, shall be deposited in the Bond
Fund.
Section 5. Investments of Bond Fund Pro-
ceeds. All moneys held in the Bond Fund, pro-
vided for by Section 3 of this Resolution shall
be invested in investments permitted by Chap-
ter 12B, Code of Iowa, 2011, as amended, or
deposited in financial institutions which are
members of the Federal Deposit Insurance
Corporation and the deposits in which are in-
sured thereby and all such deposits exceeding
the maximum amount insured from time to
time by FDIC or its equivalent successor in
any one financial institution shall be continu-
ously secured in compliance with Chapter 12C
of the Code of Iowa, 2011, as amended, or
otherwise by a valid pledge of direct obliga-
tions of the United States Government having
an equivalent market value. All such interim
investments shall mature before the date on
which the moneys are required for payment of
principal of or interest on the Bonds as herein
provided.
Section 6. Bond Details, Execution and
Redemption.
(a) Bond Details. Taxable General Obli-
gation Bonds of the City in the amount of
$1,590,000, shall be issued pursuant to the
provisions of Sections 403.12, 384.24(3)(q)
and 384.26(5) of the City Code of Iowa for the
aforesaid purpose. The Bonds shall be desig-
nated 'TAXABLE GENERAL OBLIGATION
BOND, SERIES 2011B ", be dated the date of
delivery, and bear interest from the date there-
of, until payment thereof, at the office of the
Paying Agent, said interest payable on June 1,
2012, and semiannually thereafter on the 1st
day of June and December in each year until
maturity at the rates hereinafter provided.
The Bonds shall be executed by the man-
ual or facsimile signature of the Mayor and
attested by the manual or facsimile signature
of the Clerk, and impressed or printed with the
seal of the City and shall be fully registered as
to both principal and interest as provided in
this Resolution; principal, interest and premi-
um, if any, shall be payable at the office of the
Paying Agent by mailing of a check to the reg-
istered owner of the Bond. The Bonds shall be
in the denomination of $5,000 or multiples
thereof. The Bonds shall mature and bear in-
terest as follows:
Principal
Amount
Interest
Rate
Maturity
June 1st
$100,000
2.250%
2013
$100,000
2.250%
2014
$100,000
2.250%
2015
$100,000
2.250%
2016
$100,000
2.300%
2017
$105,000
2.650%
2018
$105,000
3.000%
2019
$110,000
3.250%
2020
$115,000
3.500%
2021
$120,000
3.750%
2022
$125,000
3.900%
2023
$130,000
4.050%
2024
$135,000
4.100%
2025
$145,000
4.350%
2026
(b) Redemption. Bonds maturing after
June 1, 2018 may be called for redemption by
the Issuer and paid before maturity on said
312 Regular Session, August 15, 2011 Book 141
date or any date thereafter, from any funds
regardless of source, in whole or from time to
time in part, in any order of maturity and within
an annual maturity by lot. The terms of re-
demption shall be par, plus accrued interest to
date of call.
Thirty days' notice of redemption shall be
given by ordinary mail to the registered owner
of the Bond. Failure to give such notice by mail
to any registered owner of the Bonds or any
defect therein shall not affect the validity of any
proceedings for the redemption of the Bonds.
All bonds or portions thereof called for re-
demption will cease to bear interest after the
specified redemption date, provided funds for
their redemption are on deposit at the place of
payment.
If selection by lot within a maturity is re-
quired, the Registrar shall designate the bonds
to be redeemed by random selection of the
names of the registered owners of the entire
annual maturity until the total amount of bonds
to be called has been reached.
Section 7. Issuance of Bonds in Book -
Entry Form; Replacement Bonds.
(a) Notwithstanding the other provisions
of this Resolution regarding registration, own-
ership, transfer, payment and exchange of the
Bonds, unless the Issuer determines to permit
the exchange of Depository Bonds for Bonds
in the Authorized Denominations, the Bonds
shall be issued as Depository Bonds in de-
nominations of the entire principal amount of
each maturity of Bonds (or, if a portion of said
principal amount is prepaid, said principal
amount less the prepaid amount); and such
Depository Bonds shall be registered in the
name of Cede & Co., as nominee of DTC.
Payment of semi - annual interest for any De-
pository Bond shall be made by wire transfer
or New York Clearing House or equivalent
next day funds to the account of Cede & Co.
on the interest payment date for the Bonds at
the address indicated in or pursuant to the
Representation Letter.
(b) With respect to Depository Bonds,
neither the Issuer nor the Paying Agent shall
have any responsibility or obligation to any
Participant or to any Beneficial Owner. Without
limiting the immediately preceding sentence,
neither the Issuer nor the Paying Agent shall
have any responsibility or obligation with re-
spect to (i) the accuracy of the records of DTC
or its nominee or of any Participant with re-
spect to any ownership interest in the Bonds,
(ii) the delivery to any Participant, any Benefi-
cial Owner or any other person, other than
DTC or its nominee, of any notice with respect
to the Bonds, (iii) the payment to any Partici-
pant, any Beneficial Owner or any other per-
son, other than DTC or its nominee, of any
amount with respect to the principal of, premi-
um, if any, or interest on the Bonds, or (iv) the
failure of DTC to provide any information or
notification on behalf of any Participant or
Beneficial Owner.
The Issuer and the Paying Agent may treat
DTC or its nominee as, and deem DTC or its
nominee to be, the absolute owner of each
Bond for the purpose of payment of the princi-
pal of, premium, if any, and interest on such
Bond, for the purpose of all other matters with
respect to such Bond, for the purpose of regis-
tering transfers with respect to such Bonds,
and for all other purposes whatsoever (except
for the giving of certain Bond holder consents,
in accordance with the practices and proce-
dures of DTC as may be applicable thereto).
The Paying Agent shall pay all principal of,
premium, if any, and interest on the Bonds
only to or upon the order of the Bondholders
as shown on the Registration Books, and all
such payments shall be valid and effective to
fully satisfy and discharge the Issuer's obliga-
tions with respect to the principal of, premium,
if any, and interest on the Bonds to the extent
so paid. Notwithstanding the provisions of this
Resolution to the contrary (including without
limitation those provisions relating to the sur-
render of Bonds, registration thereof, and is-
suance in Authorized Denominations), as long
as the Bonds are Depository Bonds, full effect
shall be given to the Representation Letter and
the procedures and practices of DTC thereun-
der, and the Paying Agent shall comply there-
with.
(c) Upon (i) a determination by the Issuer
that DTC is no longer able to carry out its func-
tions or is otherwise determined unsatisfacto-
ry, or (ii) a determination by DTC that the
Bonds are no longer eligible for its depository
services or (iii) a determination by the Paying
Agent that DTC has resigned or discontinued
its services for the Bonds, if such substitution
is authorized by law, the Issuer shall (A) des-
ignate a satisfactory substitute depository as
set forth below or, if a satisfactory substitute is
not found, (B) provide for the exchange of De-
pository Bonds for replacement Bonds in Au-
thorized Denominations.
(d) To the extent authorized by law, if the
Issuer determines to provide for the exchange
of Depository Bonds for Bonds in Authorized
Denominations, the Issuer shall so notify the
Paying Agent and shall provide the Registrar
with a supply of executed unauthenticated
Bonds to be so exchanged. The Registrar shall
thereupon notify the owners of the Bonds and
provide for such exchange, and to the extent
that the Beneficial Owners are designated as
the transferee by the owners, the Bonds will be
delivered in appropriate form, content and Au-
thorized Denominations to the Beneficial Own-
ers, as their interests appear.
Book 141 Regular Session, August 15, 2011 313
(e) Any substitute depository shall be
designated in writing by the Issuer to the Pay-
ing Agent. Any such substitute depository shall
be a qualified and registered "clearing agency"
as provided in Section 17A of the Securities
Exchange Act of 1934, as amended. The sub-
stitute depository shall provide for (i) immobili-
zation of the Depository Bonds, (ii) registration
and transfer of interests in Depository Bonds
by book entries made on records of the depos-
itory or its nominee and (iii) payment of princi-
pal of, premium, if any, and interest on the
Bonds in accordance with and as such inter-
ests may appear with respect to such book
entries.
Section 8. Registration of Bonds; Appoint-
ment of Registrar; Transfer; Ownership; Deliv-
ery; and Cancellation.
(a) Registration. The ownership of Bonds
may be transferred only by the making of an
entry upon the books kept for the registration
and transfer of ownership of the Bonds, and in
no other way. Wells Fargo Bank, National As-
sociation is hereby appointed as Bond Regis-
trar under the terms of this Resolution and
under the provisions of a separate agreement
with the Issuer filed herewith which is made a
part hereof by this reference. Registrar shall
maintain the books of the Issuer for the regis-
tration of ownership of the Bonds for the pay-
ment of principal of and interest on the Bonds
as provided in this Resolution. All Bonds shall
be negotiable as provided in Article 8 of the
Uniform Commercial Code and Section 384.31
of the Code of Iowa, subject to the provisions
for registration and transfer contained in the
Bonds and in this Resolution.
(b) Transfer. The ownership of any Bond
may be transferred only upon the Registration
Books kept for the registration and transfer of
Bonds and only upon surrender thereof at the
office of the Registrar together with an as-
signment duly executed by the holder or his
duly authorized attorney in fact in such form as
shall be satisfactory to the Registrar, along
with the address and social security number or
federal employer identification number of such
transferee (or, if registration is to be made in
the name of multiple individuals, of all such
transferees). In the event that the address of
the registered owner of a Bond (other than a
registered owner which is the nominee of the
broker or dealer in question) is that of a broker
or dealer, there must be disclosed on the Reg-
istration Books the information pertaining to
the registered owner required above. Upon the
transfer of any such Bond, a new fully regis-
tered Bond, of any denomination or denomina-
tions permitted by this Resolution in aggregate
principal amount equal to the unmatured and
unredeemed principal amount of such trans-
ferred fully registered Bond, and bearing inter-
est at the same rate and maturing on the same
date or dates shall be delivered by the Regis-
trar.
(c) Registration of Transferred Bonds. In
all cases of the transfer of the Bonds, the Reg-
istrar shall register, at the earliest practicable
time, on the Registration Books, the Bonds, in
accordance with the provisions of this Resolu-
tion.
(d) Ownership. As to any Bond, the per-
son in whose name the ownership of the same
shall be registered on the Registration Books
of the Registrar shall be deemed and regarded
as the absolute owner thereof for all purposes,
and payment of or on account of the principal
of any such Bonds and the premium, if any,
and interest thereon shall be made only to or
upon the order of the registered owner thereof
or his legal representative. All such payments
shall be valid and effectual to satisfy and dis-
charge the liability upon such Bond, including
the interest thereon, to the extent of the sum or
sums so paid.
(e) Cancellation. All Bonds which have
been redeemed shall not be reissued but shall
be cancelled by the Registrar. All Bonds which
are cancelled by the Registrar shall be de-
stroyed and a certificate of the destruction
thereof shall be furnished promptly to the Issu-
er; provided that if the Issuer shall so direct,
the Registrar shall forward the cancelled
Bonds to the Issuer.
(f) Non - Presentment of Bonds. In the
event any payment check representing pay-
ment of principal of or interest on the Bonds is
returned to the Paying Agent or if any bond is
not presented for payment of principal at the
maturity or redemption date, if funds sufficient
to pay such principal of or interest on Bonds
shall have been made available to the Paying
Agent for the benefit of the owner thereof, all
liability of the Issuer to the owner thereof for
such interest or payment of such Bonds shall
forthwith cease, terminate and be completely
discharged, and thereupon it shall be the duty
of the Paying Agent to hold such funds, with-
out liability for interest thereon, for the benefit
of the owner of such Bonds who shall thereaf-
ter be restricted exclusively to such funds for
any claim of whatever nature on his part under
this Resolution or on, or with respect to, such
interest or Bonds. The Paying Agents obliga-
tion to hold such funds shall continue for a
period equal to two years and six months fol-
lowing the date on which such interest or prin-
cipal became due, whether at maturity, or at
the date fixed for redemption thereof, or oth-
erwise, at which time the Paying Agent, shall
surrender any remaining funds so held to the
Issuer, whereupon any claim under this Reso-
lution by the Owners of such interest or Bonds
of whatever nature shall be made upon the
314 Regular Session, August 15, 2011 Book 141
Issuer.
(g) Registration and Transfer Fees. The
Registrar may furnish to each owner, at the
Issuer's expense, one bond for each annual
maturity. The Registrar shall furnish additional
bonds in lesser denominations (but not less
than the minimum denomination) to an owner
who so requests.
Section 9. Reissuance of Mutilated, De-
stroyed, Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or
be destroyed, stolen or lost, the Issuer shall at
the request of Registrar authenticate and de-
liver a new Bond of like tenor and amount as
the Bond so mutilated, destroyed, stolen or
lost, in exchange and substitution for such
mutilated Bond to Registrar, upon surrender of
such mutilated Bond, or in lieu of and substitu-
tion for the Bond destroyed, stolen or lost, up-
on filing with the Registrar evidence satisfacto-
ry to the Registrar and Issuer that such Bond
has been destroyed, stolen or lost and proof of
ownership thereof, and upon furnishing the
Registrar and Issuer with satisfactory indemni-
ty and complying with such other reasonable
regulations as the Issuer or its agent may pre-
scribe and paying such expenses as the Issuer
may incur in connection therewith.
Section 10. Record Date. Payments of
principal and interest, otherwise than upon full
redemption, made in respect of any Bond,
shall be made to the registered holder thereof
or to their designated agent as the same ap-
pear on the books of the Registrar on the 15th
day preceding the payment date. All such
payments shall fully discharge the obligations
of the Issuer in respect of such Bonds to the
extent of the payments so made. Payment of
principal shall only be made upon surrender of
the Bond to the Paying Agent.
Section 11. Execution, Authentication and
Delivery of the Bonds. Upon the adoption of
this Resolution, the Mayor and Clerk shall ex-
ecute and deliver the Bonds to the Registrar,
who shall authenticate the Bonds and deliver
the same to or upon order of the Purchaser.
No Bond shall be valid or obligatory for any
purpose or shall be entitled to any right or
benefit hereunder unless the Registrar shall
duly endorse and execute on such Bond a
Certificate of Authentication substantially in the
form of the Certificate herein set forth. Such
Certificate upon any Bond executed on behalf
of the Issuer shall be conclusive evidence that
the Bond so authenticated has been duly is-
sued under this Resolution and that the holder
thereof is entitled to the benefits of this Reso-
lution.
No Bonds shall be authenticated
and delivered by the Registrar unless
and until there shall have been pro-
vided the following:
1. A certified copy of the Reso-
lution of Issuer authorizing the issu-
ance of the Bonds;
2. A written order of Issuer
signed by the Treasurer of the Issuer
directing the authentication and deliv-
ery of the Bonds to or upon the order
of the Purchaser upon payment of the
purchase price as set forth therein;
3. The approving opinion of
Ahlers & Cooney, P.C., Bond Coun-
sel, concerning the validity and legali-
ty of all the Bonds proposed to be is-
sued.
Section 12. Right to Name Substitute Pay-
ing Agent or Registrar. Issuer reserves the
right to name a substitute, successor Registrar
or Paying Agent upon giving prompt written
notice to each registered bondholder.
Section 13. Form of Bond. Bonds shall be
printed in substantial compliance with stand-
ards proposed by the American Standards
Institute substantially in the form as [provided]:
Interest and principal shall be paid to
the registered holder of the Bond as shown
on the records of ownership maintained by
the Registrar as of the 15th day preceding
such interest payment date. Interest shall
be computed on the basis of a 360 -day
year of twelve 30 -day months.
THE HOLDERS OF THE BONDS
SHOULD TREAT THE INTEREST
THEREON AS BEING SUBJECT TO
FEDERAL INCOME TAXATION.
This Bond is issued pursuant to the
provisions of Sections 403.12, 384.24(3)(q)
and 384.26(5) of the City Code of Iowa, for
the purpose of paying costs of aiding in the
planning, undertaking and carrying out of
urban renewal project activities under
Chapter 403 of the Code of Iowa and the
Amended and Restated Urban Renewal
Plans for the Dubuque Industrial Center
West Economic Development District and
the Greater Downtown Urban Renewal Ar-
ea, including those costs associated with
grading and road construction on the South
Siegert Farm area of DICW, and emergen-
cy repairs to the Port of Dubuque Parking
Ramp and related litigation expenses; and
the rehabilitation, renovation and recon-
struction of the former 18th Street Fire En-
gine House #1, including the provision of
construction financing to the private devel-
oper undertaking the rehabilitation of the
same, in conformity to a Resolution of the
Council of said City duly passed and ap-
proved.
Unless this certificate is presented by
an authorized representative of The De-
pository Trust Company, a limited purpose
trust company (" DTC "), to the Issuer or its
Book 141 Regular Session, August 15, 2011 315
agent for registration of transfer, exchange
or payment, and any certificate issued is
registered in the name of Cede & Co. or
such other name as requested by an au-
thorized representative of DTC (and any
payment is made to Cede & Co. or to such
other Issuer as is requested by an author-
ized representative of DTC), ANY TRANS-
FER, PLEDGE OR OTHER USE HEREOF
FOR VALUE OR OTHERWISE BY OR TO
ANY PERSON IS WRONGFUL inasmuch
as the registered owner hereof, Cede &
Co., has an interest herein.
Bonds maturing after June 1, 2018 may
be called for redemption by the Issuer and
paid before maturity on said date or any
date thereafter, from any funds regardless
of source, in whole or from time to time in
part, in any order of maturity and within an
annual maturity by lot. The terms of re-
demption shall be par, plus accrued inter-
est to date of call.
Thirty days' notice of redemption shall
be given by ordinary mail to the registered
owner of the Bond. Failure to give such no-
tice by mail to any registered owner of the
Bonds or any defect therein shall not affect
the validity of any proceedings for the re-
demption of the Bonds. All bonds or por-
tions thereof called for redemption will
cease to bear interest after the specified
redemption date, provided funds for their
redemption are on deposit at the place of
payment.
If selection by lot within a maturity is
required, the Registrar shall designate the
bonds to be redeemed by random selec-
tion of the names of the registered owners
of the entire annual maturity until the total
amount of bonds to be called has been
reached.
Ownership of this Bond may be trans-
ferred only by transfer upon the books kept
for such purpose by Wells Fargo Bank, Na-
tional Association, the Registrar. Such
transfer on the books shall occur only upon
presentation and surrender of this Bond at
the office of the Registrar as designated
below, together with an assignment duly
executed by the owner hereof or his duly
authorized attorney in the form as shall be
satisfactory to the Registrar. Issuer re-
serves the right to substitute the Registrar
and Paying Agent but shall, however,
promptly give notice to registered bond-
holders of such change. All bonds shall be
negotiable as provided in Article 8 of the
Uniform Commercial Code and Section
384.31 of the Code of Iowa, subject to the
provisions for registration and transfer con-
tained in the Bond Resolution.
And it is hereby represented and certi-
fied that all acts, conditions and things req-
uisite, according to the laws and Constitu-
tion of the State of Iowa, to exist, to be
had, to be done, or to be performed prece-
dent to the lawful issue of this Bond, have
been existent, had, done and performed as
required by law, that provision has been
made for the levy of a sufficient continuing
annual tax on all the taxable property with-
in the territory of the Issuer for the payment
of the principal and interest of this Bond as
the same will respectively become due;
that the faith, credit, revenues and re-
sources and all the real and personal
property of the Issuer are irrevocably
pledged for the prompt payment hereof,
both principal and interest; and the total in-
debtedness of the Issuer including this
Bond, does not exceed the constitutional or
statutory limitations.
IN TESTIMONY WHEREOF, the Issuer
by its Council, has caused this Bond to be
signed by the manual signature of its
Mayor and attested by the manual signa-
ture of its City Clerk, with the seal of the
City impressed hereon, and to be authenti-
cated by the manual signature of an au-
thorized representative of the Registrar,
Wells Fargo Bank, National Association,
Des Moines, Iowa.
Section 14. Contract Between Issuer and
Purchaser. This Resolution constitutes a con-
tract between said City and the purchaser of
the Bonds.
Section 15. Severability Clause. If any sec-
tion, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall
not affect any of the remaining provisions
hereof, and this Resolution shall become ef-
fective immediately upon its passage and ap-
proval.
Section 16. Continuing Disclosure. The Is-
suer hereby covenants and agrees that it will
comply with and carry out all of the provisions
of the Continuing Disclosure Certificate, and
the provisions of the Continuing Disclosure
Certificate are hereby incorporated by refer-
ence as part of this Resolution and made a
part hereof. Notwithstanding any other provi-
sion of this Resolution, failure of the Issuer to
comply with the Continuing Disclosure Certifi-
cate shall not be considered an event of de-
fault under this Resolution; however, any hold-
er of the Bonds or Beneficial Owner may take
such actions as may be necessary and appro-
priate, including seeking specific performance
by court order, to cause the Issuer to comply
with its obligations under the Continuing Dis-
closure Certificate. For purposes of this sec-
tion, 'Beneficial Owner" means any person
which (a) has the power, directly or indirectly,
to vote or consent with respect to, or to dis-
316 Regular Session, August 15, 2011 Book 141
pose of ownership of, any Bond (including
persons holding Bonds through nominees,
depositories or other intermediaries), or (b) is
treated as the owner of any Bonds for federal
income tax purposes.
Section 17. Repeal of Conflicting Resolu-
tions or Ordinances. That all ordinances and
resolutions and parts of ordinances and reso-
lutions in conflict herewith are hereby re-
pealed.
Passed and approved this 15th day of Au-
gust, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO 272 -11
ENDORSING THE SUBMISSION OF A RE-
VITALIZE IOWA'S SOUND ECONOMY
(RISE) APPLICATION TO THE IOWA DE-
PARTMENT OF TRANSPORTATION FOR
THE CONSTRUCTION OF 7TH AND COM-
MERCIAL STREETS
Whereas, the City of Dubuque believes
that economic development opportunities re-
quire developable industrial land with ade-
quate public infrastructure in order to retain
and attract new job creating businesses and
industries to this community; and
Whereas, the City of Dubuque is working
with local industries in the redevelopment of
riverfront properties; and
Whereas, the Iowa Department of Trans-
portation, through its Revitalize Iowa's Sound
Economy (RISE) Competitive Project Funding,
has monies available for the development of
public roadways to support economic devel-
opment opportunities.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
endorses the application to the Iowa Depart-
ment of Transportation for RISE Competitive
funding to provide roadway access to riverfront
industrial sites.
Section 2. That the City of Dubuque hereby
certifies that the roadway improvements will be
dedicated to public use and will remain so ded-
icated to public use and that Tax Increment
Financing will be available to finance the City's
portion of project costs.
Section 3. That 7th and Commercial Streets
provide access to industrial riverfront proper-
ties.
Section 4. That the City of Dubuque hereby
assumes responsibility for and ongoing
maintenance of these roadway improvements
and ensures that the roadway will be ade-
quately maintained in the future.
Section 5. That the City Manager is author-
ized to sign, on behalf of the City Council, the
application for RISE funding.
Passed, approved and adopted this 15th
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Public Financial Management, Inc. (PFM
Group, Inc.): City Manager transmitting corre-
spondence from the PFM Group, Inc., regard-
ing the City's key credit characteristics and
pricing trends. Upon motion the document was
received and filed.
Sustainable Dubuque Monthly Report: City
Manager submitting the Sustainable Dubuque
Monthly report for July 2011. Upon motion the
documents were received and filed.
Quarterly Investment Report: City Manager
submitting the Quarterly Investment Report as
of June 30, 2011. Upon motion the documents
were received and filed.
Mediacom: Communication from Lee
Grassley, Senior Manager of Government Re-
lations for Mediacom Communications Com-
pany advising the City of a new digital adapter
that all Mediacom customers will need and the
associated fees as of September 15, 2011.
Upon motion the document was received and
filed.
Signed Contracts: 1) Water Pollution Con-
trol Plant Modifications Project budget in-
crease request from MWH America's Inc.; 2)
Water Pollution Control Plant Modifications
Change Order Nos. 8 and 9 with Miron Con-
struction Co., Inc.; 3) Tenth and Central Street
Parking Ramp Project Change Order 009 -PS
with J.P. Cullen Construction. Upon motion the
documents were received and filed.
Alcohol Compliance — Civil Penalties for
Alcohol License Holders: City Manager rec-
ommending acceptance of the Acknowledge -
ment/Settlement Agreement for Best Western
Plus Dubuque Hotel /Champps Americana for
their second violation. Upon motion the docu-
ments were received, filed, and approved.
Liquor License Refunds: Request of Kurt
Heine of Bulldog Billiards, Inc., for a refund of
Beer and Liquor License No. LC0035994 in
the amount of $422.50; and Magdaleno Arceo
of Las Margarita's Restaurant for a refund of
Beer and Liquor License No. LC0034263 in
the amount of $422.50. Upon motion the doc-
uments were received, filed, and approved.
Liquor License Applications: City Manager
recommending approval of annual liquor li-
cense renewals as submitted. Upon motion the
documents were received and filed and Reso-
Book 141 Regular Session, August 15, 2011 317
lution No. 273 -11 Granting the issuance of a
Class "B" Beer Permit (5 -Day Special Event) to
Empire Diesel Perform. /Shireman Benefit;
Dubuque Jaycees; Riverfest; and Clarke Uni-
versity; A Class "C" Beer Permit to Ron's Dis-
count Smokes & Beverage Center; Dubuque
Quick Stop Mart, Inc.; Holy Spirit Church, and
Casey's General Store #2420 and #2421; and
Resolution No. 274 -11 Granting the issuance
of a Class "C" Beer /Liquor License to Knicker's
Saloon (Outdoor Sale 9/10/11 and 10/9/11);
The Bank Bar & Grill; Lucky 13 Tap; Los Az-
teca's Mexican Restaurant; Courtside sports
Bar & Grill; Star Restaurant Ultra Lounge;
Chances R; Mystique Community Ice Center;
The Lift; Texas Roadhouse; a Special Class
"C" BW Liquor License (5 -Day Event) to Camp
Albrecht Acres; a Special Class "C" BW Liquor
License (14 -Day Event) to Dubuque County
Fine Arts Society; a Special Class "C" BW
Liquor License to Bandana's Bar -B -Q; and Tri-
State Blind Society; and a Class "WBN" Native
Wine License to Plaza 20 BP /Amoco; Kwik
Stop Food Mart; and Ron's Discount Smokes
& Beverage Center, and a Class "E" Liquor
License for Casey's General Store #2420 and
#2421 were adopted.
RESOLUTION NO. 273 -11
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
ined and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Beer Permit.
CLASS "B" BEER PERMIT(5 -DAY SPECIAL
EVENT)
C. Remake & M. VanAacken, Empire Die-
sel Perform. /Shireman Benefit , 1055 Century
Dr.
Dubuque Jaycees, Dubuque Jaycees
+(Sunday /Outdoor Sale), 1855 Greyhound
Park
Riverfest, Inc., Riverfest +(Sunday/Outdoor
Sale), Town Clock Plaza
Clarke University, Clarke University Kehl
Center +(Outdoor Sale), 1850 Clarke Dr.
Dubuque Jaycees, Dubuque Jaycees Chili
Cook Off (Outdoor Sale), 4th & Bluff
CLASS "C" BEER PERMIT
Rainbo Oil Company, Kwik Stop Food
Mart +(Sunday Sale), 2360 Central Ave.
RKM LLC, Ron's Discount Smokes & Bev-
erage
+(Sunday Sale), 3300 Asbury Rd.
Dubuque Quick Stop Mart Inc., Dubuque
Quick Stop Mart
+(Sunday Sale), 1401 Central Ave.
Holy Spirit Church Dubuque, Holy Spirit
Church +(Sunday Sale), 2921 Central Ave.
Casey's Marketing Com., Casey's General
Store #2420 +(Sunday Sale), 4003 Peru Rd.
Casey's Marketing Com., Casey's General
Store #2421 +(Sunday Sale), 2699 Rockdale
Rd.
Passed, approved and adopted this 15th
day of August, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 274 -11
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
nances 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
Curtis Gerhard, Knicker's Saloon (Outdoor
Sale 9- 10 -11), 2180 Central Ave.
Curtis Gerhard, Knicker's Saloon (Outdoor
Sale 10- 9 -11), 2180 Central Ave.
CES II Properties Inc., The Bank Bar &
Grill (Adding Outdoor Sale), 342 Main St.
David H. Erickson, Lucky 13 Tap +(Sunday
Sale), 385 E. 13th St
Famolo of Iowa, Inc., Los Aztecas Mex.
Restaurant +(Sunday Sale), 2700 Dodge St
Courtside, Inc., Courtside Sports Bar /Grill
+(Sunday /Outdoor /Sale), 2095 Holiday Dr.
James Madison, Inc., Star Restaurant Ultra
Lounge +(Sunday /Outdoor Sale), 600 Star
Brewery
Donovan, Inc., ChancesR
+(Sunday /Outdoor Sale), 1046 Central Ave.
DBQ Com. Ice & Rec Center, Mystique
Community Ice Center +(Sunday Sale), 1800
Admiral Sheehy
The Lift Dubuque, LLC, The Lift +(Sunday
Sale), 180 Main St.
Texas Roadhouse HId., Texas Roadhouse
+(Sunday /Outdoor Sale), 845 Wacker Dr.
318 Regular Session, August 15, 2011 Book 141
SPECIAL CLASS "C" BW LIQUOR
LICENSE(5 -DAY EVENT)
Camp Albrecht Acres, Camp Albrecht
Acres, All. Amphitheater
SPECIAL CLASS "C "BW LIQUOR
LICENSE(14 -DAY EVENT)
DBQ County Fine Arts, Dubuque Cnty Fine
Arts Society +(Sunday /Outdoor Sale), 225 E.
10th St
SPECIAL CLASS "C "BW LIQUOR LICENSE
Bandana's Missouri LLC, Bandana's Bar -
B-Q +(Sunday Sales), 2035 JFK Rd.
Tri -State Blind Society, Tri -State Blind So-
ciety, 3333 Asbury Rd.
CLASS "WBN" NATIVE WINE
R Future, Inc., Plaza 20 BP /Amoco, 2600
Dodge St.
Rainbo Oil Com., Kwik Stop Food Mart,
2360 Central Ave.
RKM LLC, Ron's Discount Smokes & Bev-
erage Center # 1, 3300 Asbury Rd
CLASS "E" LIQUOR LICENSE
Casey's Marketing Co., Casey's General
Store # 2420, 2699 Rockdale Rd.
Casey's Marketing Co., Casey's General
Store # 2421, 4003 Peru Rd.
Passed, approved and adopted this 15th
day of August, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 7 -0.
Petition to Vacate - 1900 Block of Garfield
Avenue: City Manager recommending a public
hearing be set for September 6, 2011 to con-
sider a request by Brian Goranson to vacate a
portion of a public alley abutting 1902, 1912,
1946, 1952, and 1956 Garfield Avenue in the
City of Dubuque. Upon motion the documents
were received and filed and Resolution No.
275 -11 Resolution of intent to vacate and dis-
pose of City interest in lots 148A, 149A, 150A,
151A and 152A in Ham's Addition in the City of
Dubuque, Iowa; and Resolution No. 276 -11
Approving plat of proposed vacated alley in the
1900 block of Garfield Avenue were adopted
setting a public hearing for a meeting to com-
mence at 6:30 p.m. on September 6, 2011 in
the Historic Federal Building.
RESOLUTION NO. 275 -11
RESOLUTION OF INTENT TO VACATE AND
DISPOSE OF CITY INTEREST IN LOTS
148A, 149A, 150A, 151A AND 152A IN
HAM'S ADDITION IN THE CITY OF DUBU-
QUE, IOWA
Whereas, Brian Goranson has requested
the vacating and disposing of a portion of the
public alley abutting 1902, 1912, 1946, 1952,
and 1956 Garfield Avenue; and
Whereas, Buesing & Associates has pre-
pared and submitted to the City Council a plat
showing the vacated portion of the public alley
abutting 1902, 1912, 1946, 1952, and 1956
Garfield Avenue and assigned lot numbers
thereto, which hereinafter shall be known and
described as Lots 148A, 149A, 150A, 151A,
and 152A in Ham's Addition in the City of
Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa, has determined that this por-
tion of alley abutting 1902, 1912, 1946, 1952,
and 1956 Garfield Avenue is no longer re-
quired for public use, and vacating and sale of
said alley to be known as Lots 148A, 149A,
150A, 151A, and 152A in Ham's Addition in
the City of Dubuque, Dubuque County, Iowa
should be approved.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque in-
tends to vacate and dispose of its interest in
Lots 148A, 149A, 150A, 151A, and 152A in
Ham's Addition in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lots
148A, 149A, 150A, 151A, and 152A in Ham's
Addition in the City of Dubuque, Iowa to the
abutting property owner be contingent upon
the payment as follows:
Brian A. Goranson
Vicki Ann Dolter
Brandon J. Bass
Joseph W. & Debra A.
Miller
William D. & Monica S.
Meissner
Lot
152A
Lot
151A
Lot
150A
Lot
149A
Lot
148A
$200.00
$100.00
$200.00
$200.00
$200.00
Safixi 3 Thathe Qty Clerk Le and s I ray autlbreed
and decked bcause anctedinbntbvacaeandd of
sad real esttheb be pubfdied in the rrenner prescribed by
Pam, approved and ai4tj tlrs 15h day of Ag4
2011.
Roy D. Buo{ Mayor
Al est Kevin Amdahl, Adingctycbrk
Book 141 Regular Session, August 15, 2011 319
RESOLUTION NO. 276 -11
APPROVING PLAT OF PROPOSED VA-
CATED ALLEY IN THE 1900 BLOCK OF
GARFIELD AVENUE
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, a
plat dated the 28th day of July, 2011, prepared
by Buesing & Associates, Inc. describing the
proposed vacated portion of an alley to be
known as Lot 148A, Lot 149A, Lot 150A, Lot
151A, and Lot 152A all in Ham's Addition in
the City of Dubuque, Dubuque County, Iowa;
and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 28th day
of July, 2011, prepared by Buesing & Associ-
ates, Inc., relative to the real estate here -
inabove described be and the same is hereby
approved, and the Mayor and City Clerk be
and they are hereby authorized and directed to
execute said plat for and on behalf of the City
of Dubuque, Iowa.
Section 2. That the City Clerk be and is
hereby authorized and directed to file said plat
and certified copy of this resolution in the office
of the Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this 5th day
of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Sale of Property — 2300 Washington
Street: City Manager recommending a public
hearing be set for September 6, 2011 to con-
sider disposal of City -owned property at 2300
Washington Street Upon motion the docu-
ments were received and filed and Resolution
No. 277 -11 Resolution of intention to dispose
of City -owned property, specifically Lot 2 of
Bee Branch Subdivision No. 1 in the City of
Dubuque, Iowa, according to the recorded plat
thereof (2300 Washington Street) was adopt-
ed. setting a public hearing for a meeting to
commence at 6:30 p.m. on September 6, 2011
in the Historic Federal Building.
RESOLUTION NO. 277 -11
RESOLUTION OF INTENTION TO DISPOSE
OF CITY -OWNED PROPERTY, SPECIFI-
CALLY, LOT 2 OF BEE BRANCH SUBDIVI-
SION NO. 1 IN THE CITY OF DUBUQUE,
IOWA, ACCORDING TO THE RECORDED
PLAT THEREOF - 2300 WASHINGTON
STREET
Whereas, the City of Dubuque has
acquired certain real property in connection
with the Bee Branch Creek Re- Alignment Pro-
ject; and
Whereas, the City has received an of-
fer to purchase this property from Habitat for
Humanity;
Whereas, by accepting the selected
offer the City's objective of providing first -time
homeownership to a lower- income buyer can
be realized.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque,
Iowa, intends to dispose of its interest in the
following legally- described property:
"Lot 2 of Bee Branch Subdivision No.
1 in the City of Dubuque, Iowa, according to
the recorded plat thereof."
Section 2. That the City of Dubuque,
Iowa, proposes to dispose of its interest in the
above described real property to Habitat for
Humanity for the sum of One Dollars ($1.00).
Section 3. That 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 City's intent to dispose of
the foregoing- described Property, to be held
on the 6th day of September, 2011, at 6:30
o'clock p.m. at the Historic Federal Building,
650 West Locust, Dubuque, Iowa.
Passed, approved and adopted this
15th day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Sale of Property — 2302 Washington
Street: City Manager recommending a public
hearing be set for September 6, 2011 to con-
sider disposal of City -owned property at 2302
Washington Street Upon motion the docu-
ments were received and filed and Resolution
No. 278 -11 Resolution of Intention to dispose
of City -owned property, specifically Lot 1 of
Bee Branch Subdivision No. 1 in the City of
Dubuque, Iowa, according to the recorded plat
thereof (2302 Washington Street) was adopt-
ed. setting a public hearing for a meeting to
commence at 6:30 p.m. on September 6, 2011
in the Historic Federal Building.
RESOLUTION NO. 278 -11
RESOLUTION OF INTENTION TO DISPOSE
OF CITY -OWNED PROPERTY, SPECIFI-
CALLY, LOT 1 OF BEE BRANCH SUBDIVI-
SION NO. 1 IN THE CITY OF DUBUQUE,
IOWA, ACCORDING TO THE RECORDED
PLAT THEREOF - 2302 WASHINGTON
STREET
Whereas, the City of Dubuque has ac-
quired certain real property in connection with
320 Regular Session, August 15, 2011 Book 141
the Bee Branch Creek Re- Alignment Project;
and
Whereas, the City has received an offer to
purchase this property from Habitat for Hu-
manity;
Whereas, by accepting the selected offer
the City's objective of providing first -time
homeownership to a lower- income buyer can
be realized.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa,
intends to dispose of its interest in the follow-
ing legally- described property:
"Lot 1 of Bee Branch Subdivision No. 1 in
the City of Dubuque, Iowa, according to the
recorded plat thereof."
Section 2. That the City of Dubuque, Iowa,
proposes to dispose of its interest in the above
described real property to Habitat for Humanity
for the sum of One Dollars ($1.00).
Section 3, That the City Clerk is hereby au-
thorized 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 City's intent to dispose of the foregoing -
described Property, to be held on the 6th day of
September, 2011, at 6:30 o'clock p.m. at the
Historic Federal Building, 650 West Locust,
Dubuque, Iowa.
Passed, approved and adopted this 15th
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
BOARDS /COMMISSIONS
Applicants were invited to address the City
Council regarding their desire to serve on the
following Boards/Commissions: Zoning Advi-
sory Commission: One 3 -year term through
July 1, 2013 (Vacant term of Stiles). Applicant
Eugene Bird, 3357 Arrowwood Lane.
Appointments to the following
Boards/Commissions: Housing Commission.
Three 3 -year terms through August 17, 2014
(Expiring terms of Eudaley, Rogaskie, and
Ronek). Applicants: Amy Eudaley, 950 Wood
Street; Mitzi Krey, 433 W. 3rd Street (Additional
Applicant); Regine Ronek, 2282 White Street
Ms. Patricia Rogaskie, 1502 '/% Maple Street,
withdrew her application. Motion by Lynch to
appoint Amy Eudaley, Mitzi Krey, and Regine
Roneck to the Housing Commission for 3 -year
terms through August 17, 2014. Seconded by
Connors. Motion carried 7 -0.
PUBLIC HEARINGS
Dubuque Regional Airport — Conservation
Easement: Proof of publication on notice of
public hearing to consider the disposal of an
interest in City property as set forth in the Dec-
laration of Conservation Covenants and Re-
striction Conservation Easement on the speci-
fied property at the Dubuque Regional Airport,
and the City Manager recommending approv-
al. Motion by Jones to remove this item from
the agenda. Seconded by Braig. Motion car-
ried 7 -0.
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
Request to Rezone - 1845 Washington
Street: Request by Marcy and Michael Arm-
strong to rezone property located at 1845
Washington Street from R -2A Alternate Two -
Family Residential District and C -2 Neighbor-
hood Commercial District to C -4 Downtown
Commercial District and the Zoning Advisory
Commission recommending approval. Motion
by Lynch to receive and file the documents
and that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Connors. Planning Ser-
vices Manager Laura Carstens provided a staff
report. Motion carried 7 -0. Motion by Lynch for
final consideration and passage of Ordinance
No. 40 -11 Amending Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code, by reclassifying hereinafter de-
scribed property located at 1845 Washington
Street from C -2 Neighborhood Shopping Cen-
ter District and R -2a Alternate Two - Family
Residential District to C -4 Downtown Com-
mercial District. Seconded by Connors. Motion
carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 40 -11
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 1845 WASHING-
TON STREET FROM C -2 NEIGHBORHOOD
SHOPPING CENTER DISTRICT AND R -2A
ALTERNATE TWO- FAMILY RESIDENTIAL
DISTRICT TO C-4 DOWNTOWN COMMER-
CIAL 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 Devel-
Book 141 Regular Session,
August 15, 2011 321
opment Code, is hereby amended by reclassi-
fying the hereinafter - described property from
C -2 Neighborhood Shopping Center District
and R -2A Alternate Two - Family Residential
District to C -4 Downtown Commercial District,
to wit: Lot 1 -94, 2 -94, 2 -95 and 1 -1- 95 all in
East Dubuque 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 Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 15th
day of August, 2011.
/s /Roy D. Buol, Mayor
Attest: /s/ Kevin S. Firnstahl, Acting City Clerk
Published officially in the Telegraph - Herald
Newspaper the 19t day of August, 2011.
/s /Kevin S Firnstahl, Acting City Clerk
Planned Residential District - 2763 Univer-
sity Avenue: Request from Tom Kluck to
amend the Planned Residential District for
property located at 2763 University Avenue to
permit a 60 -foot by 30 -foot, two- story, common
building with three apartments on the second
story, set back 20 feet from the north side
property line and the Zoning Advisory Com-
mission recommending approval subject to
conditions.
Citizen petition submitted by Bruce and
Annabelle Schaal, 2765 Beverly Avenue, in
opposition to the request.
Motion by Connors to receive and file the
documents and that the requirement that a
proposed ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be passed be
suspended. Seconded by Jones. Developer
Tom Kluck, 2499 LaVista Street, spoke in fa-
vor of the request and provided detailed infor-
mation about the modified submission. Plan-
ning Services Manager Laura Carstens pro-
vided a staff report. Zoning Advisory Commis-
sion Chairperson Charles Miller provided in-
formation on the Commission's discussion
related to the new conditions. Motion carried 7-
0.
Motion by Connors for final consideration
and passage of Ordinance No. 41 -11 Amend-
ing Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by
providing for the amendment of Ordinance 36-
09, which established regulations for a
Planned Unit Development with a Planned
Residential Designation, located north of the
University Avenue and Ethel Street intersec-
tion, and now being amended to allow three
additional apartment units and enlarging the
club house building. Seconded by Braig. Mo-
tion carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 41 -11
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY PROVID-
ING FOR THE AMENDMENT OF ORDI-
NANCE 36 -09, WHICH ESTABLISHED
REGULATIONS FOR A PLANNED UNIT DE-
VELOPMENT WITH A PLANNED RESIDEN-
TIAL DESIGNATION, LOCATED NORTH OF
THE UNIVERSITY AVENUE AND ETHEL
STREET INTERSECTION, AND NOW BEING
AMENDED TO ALLOW THREE ADDITIONAL
APARTMENT UNITS AND ENLARGING THE
CLUB HOUSE BUILDING.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Appendix A (The Zon-
ing Ordinance) of the City of Dubuque Code of
Ordinances, Unified Development Code, is
hereby amended by providing for the amend-
ment of Ordinance 36 -09, which established
regulations for a Planned Unit Development
with a PR Planned Residential District, and
now being amended to allow three additional
apartment units and enlarging the Club House
building for the following described property, to
wit:
Lot 28 and Lot 29 Lenox Addition and
Lot 1 of 1 of 2 Bonson Farm, and to
the centerline of the adjoining public
right -of -way, all in the City of Dubu-
que, Iowa.
A. Use Regulations.
The following regulations shall apply
to all uses made of land in the above -
described PR Planned Residential
District:
Principal permitted uses shall be lim-
ited to 51 housing dwelling units.
2. No secondary or contingency uses
shall be permitted.
3. Accessory uses shall include any use
customarily incidental and subordi-
nate to the principal use it serves.
B. Lot and Bulk Regulations.
Development of land in the PR
Planned Residential District shall be
regulated as follows:
Proposed buildings shall be located in
substantial conformance with the ap-
proved conceptual development plan
dated June 27, 2011.
2. Building #1 must be set back a mini-
mum of 80 feet from the east side
property line and 30 feet from the
west side property line.
322 Regular Session, August 15, 2011 Book 141
3. Maximum building height of 50 feet
shall be allowed as measured from
the first floor elevation to mid point of
the peak of the roof.
C. Performance Standards
The development and maintenance of
uses in this PR Planned Residential
District shall be regulated as follows:
1. Parking Regulations
a. Off - street parking shall be provided
based on the approved conceptual
plan with 32 spaces provided on sur-
face lots and 56 spaces in under-
ground parking.
b. All vehicle - related features shall be
surfaced with either asphalt or con-
crete.
c. Curbing and proper surface drainage
of storm water shall be provided.
d. All parking and loading spaces shall
be delineated on the surfacing mate-
rial by painted stripes or other per-
manent means.
e. The number, size and design of park-
ing spaces shall be governed by ap-
plicable provisions of City of Dubuque
Ordinances enforced at the time of
development of the lot.
f. The number, size, design, and loca-
tion of parking spaces designated for
persons with disabilities shall be ac-
cording to the local, state, or federal
requirements in effect at the time of
development.
2. Site Lighting
a. Exterior illumination of site features
shall be limited to the illumination of
the following:
i. Parking areas, driveways and loading
facilities.
ii. Pedestrian walkway surfaces and en-
trances to building.
iii. Building exterior.
b. Location and Design
i. No light source shall provide illumina-
tion onto adjacent lots, buildings or
streets in excess of 1.0 foot candle.
ii. All exterior lighting luminaries shall be
designed and installed to shield light
from the luminaries at angles above
72- degrees from vertical.
iii. Fixtures mounted on a building shall
not be positioned higher than the
roofline of the building.
iv. All electrical service lines to posts
and fixtures shall be underground and
concealed inside the posts.
3. Landscaping
a. Plant Materials. The open space of
each lot shall be planted with perma-
nent lawn and ground covers, shrubs
and trees. It is the intent of these reg-
ulations that the development of re-
quired open spaces shall reflect a
high quality of environmental design.
The following provisions shall apply.
i. Landscape plans are required as part
of submittals for site plan review.
Landscape plans are to include type,
number and size of proposed plant-
ings. Landscaping shall be designed
in compliance with Section 4 -4 of the
Zoning Ordinance.
ii. Within one (1) year following comple-
tion of construction, or by the date
that a building is issued an occupan-
cy certificate by the Building Services
Department of the City of Dubuque,
whichever first occurs, required land-
scaping shall be installed.
iii. The proposed clubhouse building with
three (3) residential units on the se-
cond floor shall be screened on the
north side with hemlock evergreen
trees a minimum of six (6) feet at
planting and spaced eight (8) feet
apart, and the west side shall consist
of three (3) deciduous trees of 2.5"
caliper at planting with location and
species to be coordinated with plant-
ing space.
4. Storm Water Conveyance
The developer shall be re-
sponsible for providing surface
or subsurface conveyance(s)
of storm water from the lot to
existing storm sewers or to
flow line of open drainage -
ways outside the lot in a
means that is satisfactory to
the City of Dubuque. Other
applicable regulations en-
forced by the City of Dubuque
relative to storm water man-
agement and drainage shall
apply to the subject property.
5. Exterior Trash Collection Are-
as
a. The storage of trash
and debris shall be lim-
ited to that produced
by the principal permit-
ted use and accessory
uses of the lot.
b. All exterior trash collec-
tion areas and the ma-
terials contained there-
in shall be visually
screened from view.
The screening shall be
completely opaque
fence, wall or other
feature not exceeding
a height of 10 feet
Book 141 Regular Session, August 15, 2011 323
measured from the
ground level outside
the line of the screen.
Screens built on slop-
ing grades shall be
stepped so that their
top line shall be hori-
zontal. Exposed mate-
rials used to construct
the opaque screen
shall be similar in ap-
pearance to materials
used for exterior build-
ing walls. All exterior
entrances to a
screened trash area
shall be provided with
a gate or door of simi-
lar design to that of the
screen.
If a 10 -foot high screen
fails to shield the exteri-
or trash collection area
from view from points
inside or outside of the
property, evergreen
plantings may be re-
quired in addition to the
screening. Evergreen
plant materials shall be
selected and designed
so that they will screen
the area from all off -site
visibility within five (5)
years.
6. Final site development plans
shall be submitted in accord-
ance with Section 4 -4 of the
Zoning Ordinance prior to
construction of any buildings.
D. Open Space and Recreation Areas
Open space and land-
scaping in the PR
Planned Residential Dis-
trict shall be regulated as
follows. Those areas not
designated on the con-
ceptual development
plan shall be maintained
as open space, as de-
fined by Section 8 of the
Zoning Ordinance of the
City of Dubuque, Iowa,
by the property owner
and /or association.
E. Sign Regulations
1. Signs in the
Planned Residen-
tial District shall
be regulated in
accordance with
the R -4 Multi-
Family Residen-
tial Zoning District
sign regulations
of the Zoning Or-
dinance.
2. Variance requests
from sign re-
quirements for
size, number and
height shall be
reviewed by the
Zoning Board of
Adjustment in ac-
cordance with
Section 5 -3 of the
Zoning Ordi-
nance.
F. Other Codes and Regulations
1. Service Lines. All
electric, tele-
phone, cable, or
other similar utili-
ty lines serving
the building and
other site fea-
tures shall be lo-
cated under-
ground.
2. The use of semi-
trailers and ship-
ping containers
for storage is
prohibited.
3. These regulations
do not relieve the
owner from other
applicable city,
county, state or
federal codes,
regulations, laws
and other con-
trols relative to
the planning,
construction, op-
eration and man-
agement of prop-
erty within the city
of Dubuque.
G. Transfer of Ownership
Transfer of ownership or
lease of property in this
PR Planned Residential
District shall include the
transfer or lease agree-
ment a provision that the
purchaser or lessee
acknowledges aware-
ness of the conditions
authorizing the estab-
lishment of the district.
H. Occupancy Permits
324 Regular Session, August 15, 2011 Book 141
No occupancy permit
shall be issued by the
City of Dubuque for
property included in the
subject planned unit de-
velopment district until
full compliance with this
ordinance has been
achieved.
I. Recording
A copy of this Ordinance
shall be recorded at the
expense of the property
owner(s) with the Dubu-
que county recorder as a
permanent record of the
conditions accepted as
part of this reclassifica-
tion approval. This ordi-
nance shall be binding
upon the undersigned
and his /her heirs, suc-
cessors and assigns.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. The foregoing amendment shall
take effect upon publication, as provided by
law.
Passed, approved and adopted this 15th
day of August, 2011.
/s /Roy D. Buol, Mayor
Attest: /s/ Kevin S. Firnstahl, Acting City Clerk
Published officially in the Telegraph - Herald
Newspaper the 19th day of August, 2011.
/s /Kevin S Firnstahl, Acting City Clerk
Pump Room Roof Replacement Project
Proof of publication on notice of public hearing
to approve the specifications, form of contract,
and estimated cost for the Pump Room Roof
Replacement Project, and the City Manager
recommending approval. Motion by Connors to
receive and file the documents and adopt
Resolution No. 279 -11 Approval of specifica-
tions, form of contract, and estimated cost for
the Pump Room Roof Project. Seconded by
Braig. Motion carried 7 -0.
RESOLUTION NO. 279 -11
CITY OF DUBUQUE, IOWA WATER DE-
PARTMENT - PUMP ROOM ROOF PRO-
JECT
APPROVAL OF SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATED COST
FOR THE PUMP ROOM ROOF PROJECT.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed specifications, and form
of contract filed with the City Clerk and esti-
mated cost of $121,000.00, are hereby ap-
proved.
Passed, adopted and approved this 15th
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Green Industrial Supply Development
Agreement and Land Sale: Proof of publication
on notice of public hearing to consider the dis-
position of approximately 24.506 acres of
property in Dubuque Industrial Center West to
Green Industrial Supply, Inc., and Green In-
dustrial Properties, LLC for the purpose of
constructing a 140,000 square -foot of-
fice /distribution and light manufacturing facility
pursuant to a development agreement with the
City and the use of Urban Renewal Tax Incre-
ment Revenue Obligations; and the City Man-
ager recommending approval. Motion by
Lynch to receive and file the documents and
adopt Resolution No. 280 -11 Approving a de-
velopment agreement providing for the sale of
24,506 acres in the Dubuque Industrial Center
West to Green Industrial Supply, Inc., and
Green Industrial Properties, LLC. Seconded by
Resnick. Dan McDonald of Greater Dubuque
Development Corporation, 300 Main Street,
spoke in favor of the agreement citing the
need for economic development Sue and Pat-
rick Green's business success. Motion carried
7 -0.
RESOLUTION NO. 280 -11
RESOLUTION APPROVING A DEVELOP-
MENT AGREEMENT PROVIDING FOR THE
SALE OF 24.506 ACRES IN THE DUBUQUE
INDUSTRIAL CENTER WEST TO GREEN
INDUSTRIAL SUPPLY, INC. AND GREEN
INDUSTRIAL PROPERTIES, LLC
Whereas, the City Council, by Resolution
No. 244 -11, dated August 1, 2011 declared its
intent to enter into a Development Agreement
with Green Industrial Supply, Inc. and Green
Industrial Properties, LLC for the sale of
24.506 acres in the Dubuque Industrial Center
West (the Property); and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dis-
position on August 15, 2011 at 6:30 p.m. in the
Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa; and
Whereas, it is the determination of the City
Council that approval of the Development
Agreement for the sale to and development of
the Property by Green Industrial Supply, Inc.
and Green Industrial Properties, LLC accord-
ing to the terms and conditions set out in the
Development Agreement is in the public inter-
est of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
Book 141 Regular Session, August 15, 2011 325
DUBUQUE, IOWA:
Section 1. That the attached Development
Agreement by and between the City of Dubu-
que, Green Industrial Supply, Inc. and Green
Industrial Properties, LLC for the sale of the
Property is hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Develop-
ment Agreement on behalf of the City and City
Clerk is authorized and directed to attest to his
signature.
Section 3. That the Mayor and City Clerk
are hereby authorized and directed to execute
and deliver a Special Warranty Deed for the
Property as provided in the Development
Agreement.
Section 4. That the City Manager is author-
ized to take such actions as are necessary to
comply with the terms of the Development
Agreement as herein approved.
Passed, approved and adopted this 15th
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Paragon Square — Urban Renewal Tax In-
crement Revenue Notes and Development
Agreement: Proof of publication on notice of
public hearing to consider approval of a De-
velopment Agreement with Paragon Square
LLC and approval of the sale of Tax Increment
Financing bonds up to $350,000 to assist in
the renovation of the former Holy Ghost
School and Convent buildings, and the City
Manager recommending approval. Motion by
Connors to receive and file the documents and
adopt Resolution No. 281 -11 Approving a De-
velopment Agreement with Paragon Square,
LLC for the property located at 2887 and 2901
Central Avenue; and Resolution No. 282 -11
Instituting proceedings to take additional action
for the issuance of not to exceed $350,000
Urban Renewal Tax Increment Revenue
Notes. Seconded by Braig. Motion carried 7 -0.
RESOLUTION NO. 281 -11
APPROVING A DEVELOPMENT AGREE-
MENT WITH PARAGON SQUARE, LLC FOR
THE PROPERTY LOCATED AT 2887 AND
2901 CENTRAL AVENUE
Whereas, the City of Dubuque, Iowa, has
created a Downtown Incentives Program for
the purpose of stimulating reinvestment in the
Holy Ghost Urban Renewal District; and
Whereas, the City of Dubuque, Iowa is en-
couraging the use of financial incentives to
help finance code compliance activities and to
spur redevelopment; and
Whereas, it is the determination of this
Council that approval of the Development
Agreement for the rehabilitation of the Property
owned by Paragon Square, LLC according to
the terms and conditions set out in the Devel-
opment Agreement is in the public interest of
the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agree-
ment with Paragon Square, LLC is hereby
accepted and approved.
Section 2. That the Mayor is hereby au-
thorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, the at-
tached Development Agreement with Paragon
Square, LLC.
Section 3. That the City Manager is hereby
authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all nec-
essary grant documents and is further author-
ized to disburse grant funds in accordance
with the terms and conditions of the executed
agreement.
Passed, approved and adopted this 15th
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 282 -11
RESOLUTION INSTITUTING PROCEEDINGS
TO TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED $350,000
URBAN RENEWAL TAX INCREMENT REV -
ENUE NOTES
Whereas, pursuant to notice published as
required by law, this Council has held a public
meeting and hearing upon the proposal to in-
stitute proceedings for the issuance of not to
exceed $350,000 Urban Renewal Tax Incre-
ment Revenue Notes for the purpose of pay
costs of aiding in the planning, undertaking
and carrying out of urban renewal project ac-
tivities under the authority of Chapter 403 of
the Code of Iowa and the Urban Renewal Plan
for the Holy Ghost Urban Renewal District,
including those costs associated with the fund-
ing of economic development grants to Para-
gon Square, LLC, an Illinois limited liability
company, under the terms of a Development
Agreement between the City of Dubuque and
Paragon Square, LLC, as the same may be
amended from time to time, and the funding of
related reserves and payment of capitalized
interest and the costs of issuance of the Notes,
and has considered the extent of objections
received from residents or property owners as
to said proposed issuance; and, accordingly
the following action is now considered to be in
the best interests of the City and residents
thereof:
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby
326 Regular Session, August 15, 2011 Book 141
institute proceedings and takes additional ac-
tion for the sale and issuance in the manner
required by law of not to exceed $350,000
Urban Renewal Tax Increment Revenue Notes
for the foregoing purpose.
Section 2. The Economic Development Di-
rector and Finance Director are authorized and
directed to proceed on behalf of the City with
the negotiation of the final terms of said Notes,
to select a date for the Councils approval
thereof, to cause to be prepared such notice
and sale information as may appear appropri-
ate, to publish and distribute the same on be-
half of the City and this Council and otherwise
to take all action necessary to permit the sale
of said Notes on a basis favorable to the City
and acceptable to the Council.
Passed and approved this 15th day of Au-
gust, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
Every Child / Every Promise Update: Vice
President of Programs for the Community
Foundation of Greater Dubuque, Eric Dregne,
to provide an update and slide presentation on
the activities of the Every Child / Every Prom-
ise program. Motion by Connors to receive and
file the information. Seconded by Braig. Motion
carried 7 -0.
Lake Ridge Economic Development Dis-
trict - Tax Increment Financing: City Manager
recommending approval of an ordinance creat-
ing the tax increment financing district for the
Lake Ridge Economic Development District to
facilitate the Rose Development of the $9.3
million 70 -unit affordable assisted living facility
on Lake Ridge Drive consistent with the Urban
Renewal Plan approved by the City Council on
August 1, 2011. Motion by Connors to receive
and file the documents and that the require-
ment that a proposed ordinance be considered
and voted on for passage at two Council meet-
ings prior to the meeting at which it is to be
passed be suspended. Seconded by Braig.
Motion carried 7 -0. Motion by Connors for final
consideration and passage of Ordinance No.
42 -11 Providing that general property taxes
levied and collected each year on all property
located within the Lake Ridge Economic De-
velopment District of the City of Dubuque,
County of Dubuque, State of Iowa, by and for
the benefit of the State of Iowa, City of Dubu-
que, County of Dubuque, Dubuque Community
School District, and other taxing districts, be
paid to a special fund for payment of principal
and interest on loans, monies advanced to and
indebtedness, including bonds issued or to be
issued, incurred by said City in connection with
the Lake Ridge Economic Development Dis-
trict Redevelopment Project. Seconded by
Braig. Motion carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 42 -11
PROVIDING THAT GENERAL PROPERTY
TAXES LEVIED AND COLLECTED EACH
YEAR ON ALL PROPERTY LOCATED
WITHIN THE LAKE RIDGE ECONOMIC DE-
VELOPMENT DISTRICT OF THE CITY OF
DUBUQUE, COUNTY OF DUBUQUE, STATE
OF IOWA, BY AND FOR THE BENEFIT OF
THE STATE OF IOWA, CITY OF DUBUQUE,
COUNTY OF DUBUQUE, DUBUQUE COM-
MUNITY SCHOOL DISTRICT, AND OTHER
TAXING DISTRICTS, BE PAID TO A SPE-
CIAL FUND FOR PAYMENT OF PRINCIPAL
AND INTEREST ON LOANS, MONIES AD-
VANCED TO AND INDEBTEDNESS, IN-
CLUDING BONDS ISSUED OR TO BE IS-
SUED, INCURRED BY SAID CITY IN CON-
NECTION WITH THE LAKE RIDGE ECO-
NOMIC DEVELOPMENT DISTRICT REDE-
VELOPMENT PROJECT
Whereas, the City Council of the City of
Dubuque, Iowa, after public notice and hearing
as prescribed by law and pursuant to Resolu-
tion No. 247 -11 adopted on August 1, 2011,
adopted an Urban Renewal Plan for an urban
renewal area known as the Lake Ridge Eco-
nomic Development District (the "Project Ar-
ea"), which Project Area includes the lots and
parcels described in said Urban Renewal Plan;
and
Whereas, expenditures and indebtedness
are anticipated to be incurred in the future to
finance urban renewal project activities carried
out in furtherance of the foregoing Urban Re-
newal Plan; and
Whereas, the City Council desires to pro-
vide for the division of revenue from taxation in
the Project Area in accordance with the provi-
sions of Section 403.19 of the Code of Iowa,
as amended; and
Whereas, the following enactment is nec-
essary to accomplish the objectives described
in the premises.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1: For purposes of this Ordinance,
the following terms shall have the following
meanings:
(a) Proiect Area shall mean that
portion of the City of Dubuque, Iowa
described in the Urban Renewal Plan
for the Lake Ridge Economic Devel-
opment District approved by Resolution
Book 141 Regular Session, August 15, 2011 327
No. 247 -11 on August 1, 2011, which
Project Area includes the lots and par-
cels located within the area now legally
described as follows: Lot 2 of Lot 2 of
Cedar Lake Plaza 3rd Addition in the
City of Dubuque, Dubuque County, Io-
wa.
(b) Urban Renewal Plan shall mean
the Urban Renewal Plan for the Project
Area approved in Resolution No. 247-
11 on August 1, 2011.
Section 2: The taxes levied on the taxable
property in the Project Area, legally described
in Section 1 hereof, by and for the benefit of
the State of Iowa, City of Dubuque, County of
Dubuque, Dubuque Community School Dis-
trict, and all other taxing districts from and after
the effective date of this Ordinance shall be
divided as hereinafter in this Ordinance pro-
vided.
Section 3: That portion of the taxes which
would be produced by the rate at which the tax
is levied each year by or for each of the taxing
districts taxing property in the Project Area
upon the total sum of the assessed value of
the taxable property in the Project Area, as
shown on the assessment roll as of January 1
of the calendar year preceding the first calen-
dar year in which the City of Dubuque certifies
to the County Auditor the amount of loans,
advances, indebtedness, or bonds payable
from the division of property tax revenue de-
scribed herein (which certification is directed to
be made during the 2011 calendar year), shall
be allocated to and when collected be paid into
the fund for the respective taxing district as
taxes by or for said taxing district into which all
other property taxes are paid. The taxes so
determined shall be referred herein as the
"base period taxes" for such Project Area.
Section 4: That portion of the taxes each
year in excess of the base period taxes for the
Project Area, determined as provided in Sec-
tion 3 of this Ordinance, shall be allocated to
and when collected be paid into a special tax
increment fund hereby established by the City
of Dubuque to pay the principal of and interest
on loans, monies advanced to, or indebted-
ness, whether funded, refunded, assumed or
otherwise, including bonds issued under au-
thority of Section 403.9 or Section 403.12 of
the Code of Iowa, incurred by the City of
Dubuque, Iowa to finance or refinance, in
whole or in part, urban renewal projects under-
taken within the Project Area pursuant to the
Urban Renewal Plan, except that taxes for the
regular and voter - approved physical plant and
equipment levy of a school district imposed
pursuant to Section 298.2, but only to the ex-
tent authorized in Section 403.19(2), and taxes
for the payment of bonds and interest of each
taxing district shall be collected against all
taxable property within the Project Area with-
out any limitation as hereinabove provided.
Section 5: Unless or until the total as-
sessed valuation of the taxable property in the
Project Area exceeds the total assessed value
of the taxable property in said area as shown
by the assessment roll referred to in Section 3
of this Ordinance, all of the taxes levied and
collected upon the taxable property in the Pro-
ject Area shall be paid into the funds for the
respective taxing districts as taxes by or for the
taxing districts in the same manner as all other
property taxes.
Section 6: At such time as the loans, mon-
ies advanced, bonds and interest thereon and
indebtedness of the City of Dubuque referred
to in Section 4 hereof have been paid, all mon-
ies thereafter received from taxes upon the
taxable property in the Project Area shall be
paid into the funds for the respective taxing
districts in the same manner as taxes on all
other property.
Section 7. All ordinances or parts of ordi-
nances in conflict with the provisions of this
Ordinance are hereby repealed. The provi-
sions of this Ordinance are intended and shall
be construed so as to fully implement the pro-
visions of Section 403.19 of the Code of Iowa,
as amended, with respect to the division of
taxes from property within the Project Area as
described above. In the event that any provi-
sion of this Ordinance shall be determined to
be contrary to law, it shall not affect other pro-
visions or application of this Ordinance which
shall at all times be construed to fully invoke
the provisions of Section 403.19 of the Code of
Iowa with reference to the Project Area and
the territory contained therein.
Section 8: This Ordinance shall be in effect
after its final passage, approval and publica-
tion as provided by law.
Passed and approved this 15th day of Au-
gust, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, Acting City Clerk
Published officially in the Telegraph - Herald
Newspaper August 19, 2011.
/s /Kevin S. Firnstahl, Acting City Clerk
Read first time: August 15, 2011
Read second time: August 15, 2011
Read third time: August 15, 2011
Passed and approved: August 15, 2011
Published: August 19, 2011
Green Alley Permeable Pavers Project:
City Manager recommending rejection of all
competitive bids received for the Green Alley
Permeable Pavers Project (17th — 18th Streets
between Jackson and Washington Streets.
Motion by Braig to receive and file the docu-
ments and adopt Resolution No. 283 -11 Re-
jecting all competitive bid proposals received
328 Regular Session, August 15, 2011 Book 141
for the Green Alley Permeable Pavers Project
(17th — 18th Streets between Jackson and
Washington Streets. Seconded by Jones. Mo-
tion carried 7 -0.
RESOLUTION NO. 283 -11
REJECTING ALL COMPETITIVE BID PRO-
POSALS RECEIVED FOR THE GREEN AL-
LEY PERMEABLE PAVERS PROJECT (17th
— 18th, BETWEEN JACKSON AND WASH-
INGTON STREETS)
Whereas, competitive sealed bid proposals
have been submitted by contractors for the
Green Alley Permeable Pavers Project (17th —
18th, between Jackson and Washington
Streets) (the Project) pursuant to Resolution
No. 228 -11 and Notice to Bidders published in
a newspaper published in the City of Dubuque,
Iowa on the 21st day of July, 2011; and
Whereas, said competitive sealed bid pro-
posals were opened and read on the 4th day of
August, 2011; and
Whereas, the City Council has deemed it
advisable to reject all competitive sealed bid
proposals the Project.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. All competitive sealed bid pro-
posals for the Project are hereby rejected.
Section 2. The City Clerk is authorized and
instructed to return the bid deposits of the un-
successful bidders for the Project.
Passed, approved and adopted this 15th
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Port of Dubuque Marina Project — Bid
Package No. 2: City Manager recommending
award of the contract to the low bidder,
Portzen Construction Inc., in the amount of
$1,539,000, which is 0.71% under the estimate
of probable cost. The award of the improve-
ment contract has received the approval and
concurrence of the Iowa Department of Natural
Resources and the U.S. Fish and Wildlife Ser-
vice. Motion by Connors to receive and file the
documents and adopt Resolution No. 284 -11
Awarding public improvement contract for the
Port of Dubuque Marina Project, Bid Package
2 — Amenities Building & Site Work. Seconded
by Lynch. Responding to questions from City
Council, Assistant City Engineer Bob Schiesl
stated that the building stage of the project is
scheduled for completion in late March 2012,
and the site work is scheduled for completion
mid May 2012. Motion carried 7 -0.
RESOLUTION NO. 284 -11
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR THE PORT OF DUBUQUE MA-
RINA PROJECT, BID PACKAGE 2 — AMENI-
TIES BUILDING & SITE WORK
Whereas, sealed proposals have been
submitted by contractors for the Port of Dubu-
que Marina Project, Bid Package 2 - Amenities
Building & Site Work (the Project) pursuant to
Resolution No. 199 -11 and Notice to Bidders
published in a newspaper published in the City
of Dubuque, Iowa on the 23rd day of June,
2011.
Whereas, said sealed proposals were
opened and read on the 9th day of August,
2011 and it has been determined that Portzen
Construction, Inc. of Dubuque, Iowa, with a
base bid in the amount of $1,539,000.00, is
the lowest responsive, responsible bidder for
the Project.
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 Portzen Con-
struction, Inc. and the City Manager is hereby
directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for
the Project.
Passed, approved and adopted this 15th
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Spahn and Rose Lumber Company: City
Manager recommending the approval of a
Development Agreement with Spahn & Rose
Lumber Co. regarding the lease of the former
City Operations and Maintenance building
located at 925 Kerper Boulevard that includes
a property tax rebate for the three -year life of
the lease. Motion by Lynch to receive and file
the documents and adopt Resolution No. 285-
11 Approving a Development Agreement with
Spahn & Rose Lumber Co. for the Property
located at 925 Kerper Boulevard. Seconded by
Connors. Motion carried 7 -0.
RESOLUTION NO. 285 -11
APPROVING A DEVELOPMENT AGREE-
MENT WITH SPAHN & ROSE LUMBER CO.
FOR THE PROPERTY LOCATED AT 925
KERPER BOULEVARD
Whereas, the City of Dubuque, Iowa, has
undertaken an Urban Renewal project for the
purpose of advancing the community's ongo-
ing economic development efforts in the
Greater Downtown Urban Renewal District;
and
Whereas, the City of Dubuque, Iowa is en-
couraging the use of financial incentives to
help finance code compliance activities and to
Book 141 Regular Session, August 15, 2011 329
spur redevelopment; and
Whereas, it is the determination of this
Council that approval of the Development
Agreement for assistance to Spahn & Rose
Lumber Co. during the time Spahn & Rose
Lumber Co. is leasing the facility pursuant to a
Lease Agreement and according to the terms
and conditions set out in the Development
Agreement is in the public interest of the City
of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agree-
ment with Spahn & Rose Lumber Co. is here-
by accepted and approved.
Section 2. That the Mayor is hereby au-
thorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, the at-
tached Development Agreement with Spahn &
Rose Lumber Co.
Section 3. That the City Manager is hereby
authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all nec-
essary documents and is further authorized to
disburse grant funds in accordance with the
terms and conditions of the executed agree-
ment.
Passed, approved and adopted this 15th
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Support of Green House Gas Reduction
2030 Target: City Manager recommending
approval of the 50% by 2030 greenhouse gas
reduction target as presented by Green Dubu-
que and a community -based Task Force at the
July 5, 2011 City Council Work Session. This
is consistent with one of the Mayor and the
City Council's top priorities, Sustainable Dubu-
que. Motion by Jones to receive and file the
documents and approve the recommendation.
Seconded by Braig. Motion carried 7 -0.
Green Vision Education: City Manager re-
questing approval to schedule a work session
for Tuesday, September 6, 2011 at 5:15 p.m.
on the Green Vision Education program of the
Dubuque Metropolitan Area Solid Waste
Agency. Motion by Connors to receive and file
the document and approve the request. Se-
conded by Braig. Motion carried 7 -0.
Bee Branch Creek Restoration Project
Phase II Design: City Manager requesting ap-
proval to schedule a work session for Monday,
September 12, 2011 at 6:00 p.m. to review the
Bee Branch Creek Restoration Project Phase
II design. Motion by Jones to receive and file
the documents and approve the request. Se-
conded by Braig. Motion carried 7 -0.
Disaster Assistance Update: City Manager
submitting an update of the response to flood-
ing from the July 27 and 28, 2011 storm. Mo-
tion by Lynch to receive and file the docu-
ments. Seconded by Braig. Motion carried 7 -0.
Bee Branch Creek Restoration Project —
Acquisition of Junnie & Rich's Coin: City Man-
ager recommending acquisition of a property
at the northwest corner of the intersection of
Cedar Street and 15th Street for $68,950
($2,000 over the appraised value) as part of
the Bee Branch Creek Restoration Project.
Motion by Braig to receive and file the docu-
ments and adopt Resolution No. 286 -11 Ap-
proving the acquisition of real estate owned by
Junnie & Rich's Coin in the City of Dubuque.
Seconded by Connors. Motion carried 7 -0.
RESOLUTION NO. 286 -11
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY JUNNIE & RICH'S
COIN 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 recom-
mended in the 2001 "Drainage Basin Master
Plan;" and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled 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 legal-
ly described property:
W' /% and E' /% Lot 351 East Dubuque Addi-
tion in the City of Dubuque, Dubuque County,
Iowa
At the cost of Sixty -Eight Thousand Nine
Hundred Fifty and 00/100 Dollars
($68,950.00).
Section 2. That the City of Dubuque be and
is hereby authorized to accept a Warranty
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
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 is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 15th
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
330 Regular Session, August 15, 2011 Book 141
Bee Branch Creek Restoration Project —
Acquisition of 2250 Washington Street: City
Manager recommending acquisition of a du-
plex located at 2250 Washington Street for the
Bee Branch Creek Restoration Project. Motion
by Connors to receive and file the documents
and adopt Resolution No. 287 -11 Approving
the acquisition of real estate located at 2250
Washington Street in the City of Dubuque,
Iowa. Seconded by Jones. Motion carried 7 -0.
RESOLUTION NO. 287 -11
APPROVING THE ACQUISITION OF REAL
ESTATE LOCATED AT 2250 WASHINGTON
STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque intends to
acquire certain properties located in the Bee
Branch Creek Re- Alignment area for the pur-
pose of rehabilitation and resale; and
Whereas, such acquisition is intended to
result in increased owner- occupied, improved
properties and increased real estate values.
Whereas, a purchase agreement has been
finalized with the owner.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa
hereby approves the acquisition of the follow-
ing legally- described property: Lot 1 of 4 of
103 in L.H. Langworthy's Addition in the City of
Dubuque, Iowa according to the recorded plat
thereof at the cost of thirty -five thousand dol-
lars ($35 000).
Section 2. That the City Clerk be and he is
hereby authorized and directed to cause said
Warranty Deed to be recorded in the Office of
the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 3. That the City Clerk be and he is
hereby authorized and directed to forward a
copy of this Resolution to the Dubuque County
Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 15th
day of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Engine House No. 1: City Manager rec-
ommending approval of the assignment of the
Development Agreement between the City of
Dubuque and Engine House #1, LLC, a sub-
sidiary of Dubuque Initiatives, to Dubuque
Bank & Trust Community Development Corpo-
ration to sell and rehabilitate the Engine House
#1 building at 1805 Central Avenue which for-
merly housed the Housing Department offices.
Motion by Connors to receive and file the doc-
uments and approve the recommendation.
Seconded by Braig. Motion carried 7 -0.
CARADCO Landlord, LLC — Assignment of
Development Agreement: City Manager rec-
ommending approval of an assignment of the
Development Agreement, Downtown Rehabili-
tation Loan and Grants, and Waiver Agree-
ment between the City of Dubuque and CA-
RADCO Building, LLLP, as subsidiary of Gro-
nen Properties, to CARADCO Landlord, LLC,
a different entity formed by Gronen Properties
to own the CARADCO redevelopment project.
Motion by Connors to receive and file the doc-
uments and approve the recommendation.
Seconded by Resnick. Responding to ques-
tions from City Council, Economic Develop-
ment Director Dave Heair provided information
on the CARADCO name change. Motion car-
ried 7 -0.
CARADCO Building, LLLP: City Manager
recommending a modification in the collateral
provided by CARADCO Building, LLLP, now
CARADCO Landlord LLLP, for the $4.5 million
IFA loan. Motion by Connors to receive and file
the documents and approve the recommenda-
tion. Seconded by Resnick. Motion carried 7 -0.
Long Range Planning Advisory Commis-
sion: Correspondence from the Long Range
Planning Advisory Commission requesting the
City Council explore how widespread the lack
of City Channel 8 coverage is and what can be
done to increase access for the Dubuque
community. Motion by Connors to receive and
file the documents. Seconded by Jones. Mo-
tion carried 7 -0.
Iowa Natural Heritage Foundation / Friends
of the Mines of Spain: City Manager recom-
mending the City enter into a Purchase
Agreement with the Iowa Natural Heritage
Foundation to possibly expand the size of the
E.B. Lyons Interpretive Center site by 52 acres
and further recommending that the City Coun-
cil authorize the City Manager and City Attor-
ney to negotiate the terms of the Purchase
Agreement and authorize the City Manager to
execute the Purchase Agreement on behalf of
the City. Motion by Jones to receive and file
the documents and approve the recommenda-
tion. Seconded by Braig. Responding to ques-
tions from City Council, City Manager Van
Milligen provided information on the City's in-
terest in the property and the land auction pro-
cess. Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Mayor Buol reported that the ship's bell
from the USS Dubuque has arrived and Lei-
sure Services Manager Marie Ware is working
on display options and a formal presentation.
Book 141 Special Session, August 24, 2011 331
There being no further business, upon mo-
tion the City Council adjourned at 8:23 p.m.
/s/Kevin S. Firnstahl
Acting City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
SPECIAL SESSION
The City Council met in special session at
4:30 p.m. on August 24, 2011 in Room 4 at the
Grand River Center, 500 Bell Street.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton, City Manager Van Milligen, City Attorney
Lindahl
Mayor Buol read the call and stated this is
a special session of the City Council to act
upon such business that may properly come
before the City Council.
PUBLIC HEARING
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
2011 Redistricting Plan for Wards and Pre-
cincts: Proof of publication on notice of public
hearing to consider an amendment to the 2011
Redistricting Plan for Wards and Precincts and
the City Manager recommending approval.
Motion by Jones to receive and file the docu-
ments and that the requirement that a pro-
posed ordinance be considered and voted on
for passage at two Council meetings prior to
the meeting at which it is to be passed be sus-
pended. Seconded by Braig. Motion carried 7-
0.
Motion by Jones for final consideration and
passage of Ordinance No. 43 -11 Amending
Title 1 of the City of Dubuque Code of Ordi-
nances, by repealing Chapter 8, Elections,
Wards and Precincts, and adopting in lieu
thereof a new Chapter 8, Elections, Wards and
Precincts, Establishing Boundaries for Four (4)
Wards and Twenty (20) Precincts. Seconded
by Braig. Motion carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 43 -11
AN ORDINANCE AMENDING TITLE 1 OF
THE CITY OF DUBUQUE CODE OF ORDI-
NANCES, BY REPEALING CHAPTER 8,
ELECTIONS, WARDS AND PRECINCTS,
AND ADOPTING IN LIEU THEREOF A NEW
CHAPTER 8, ELECTIONS, WARDS AND
PRECINCTS, ESTABLISHING BOUNDARIES
FOR FOUR (4) WARDS AND TWENTY (20)
PRECINCTS.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 8 of the City of Dubu-
que Code of Ordinances is hereby repealed.
Section 2. A new Chapter 8 of the City of
Dubuque Code of Ordinances, attached hereto
and incorporated herein, is hereby adopted.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 24th
day August, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, Acting City Clerk
Published officially in the Telegraph - Herald
Newspaper the 31st day of August, 2011.
/s /Kevin S. Firnstahl, Acting City Clerk
ARTICLE 1: IN GENERAL
Section 1 -8 -1. Definitions and rules of con-
struction
For purposes of this chapter, unless the
context otherwise requires, the following defini-
tions and rules or construction shall be ap-
plied.
Points of the compass are approximate un-
less otherwise stated.
All names, boundaries, lines, features and
fixtures are to be construed as they existed on
the effective date of this chapter.
Annexed territory means territory annexed
to the City after the effective date of this chap-
ter.
City includes all territory within the corpo-
rate limits of the City of Dubuque and all an-
nexed territories.
Commissioner of elections means the
County Auditor of Dubuque County.
Corporate limits mean the corporate limits
of the city on the effective date of this chapter.
Street or similar language means the cen-
terline of the right -of -way and a straight exten-
sion of that centerline.
Section 1 -8 -2. Correction of errors.
Correction of errors. If this chapter fails to
place any part of the city within a precinct or
ward established by this chapter, the Commis-
sioner of Elections shall assign the omitted
area to an adjacent precinct or ward within the
same legislative district. If this chapter places
any of the city in more than one precinct or
ward established by this chapter, the Commis-
sioner of Elections shall assign that territory to
an adjacent precinct or ward within the proper
legislative district. The Commissioner of Elec-
tions may also correct obvious clerical errors in
this chapter.
332 Special Session August 24, 2011 Book 141
Annexation of territory: When territory is
annexed to the city, the City Council may at-
tached all or any part of the annexed territory
to any established precinct or precincts, which
are contiguous to the annexed territory; how-
ever, this subsection shall not prohibit estab-
lishment of one or more new precincts in the
annexed territory.
ARTICLE 2. PRECINCTS
Section 1 -8 -3: City divided into 20 pre-
cincts.
The City is hereby divided into 20 precincts
as described in this Article.
Section 1 -8 -4: Precinct 1
The 1st Precinct is described as that portion
of the city of Dubuque and Dubuque County
bounded by a line beginning at the point that
the southbound lane of U.S. Highway
52/61/151 intersects South Grandview Ave-
nue, thence southerly along the southbound
lane of U.S. Highway 52/61/151 until it inter-
sects the boundary of the city of Dubuque,
thence easterly along the boundary of the city
of Dubuque until it intersects the boundary of
Mosalem Township, thence southerly along
the boundary of Mosalem Township until it
intersects the boundary of the city of Dubuque,
thence southwesterly, then northerly, then
westerly along the boundary of the city of
Dubuque until it intersects the north boundary
of Lot 1 of the NE'% of the SW '% of Section 2,
T88N, R2E, thence westerly along the north
boundary of Lot 1 of the NE '% of the SW '% of
Section 2, T88N, R2E until it intersects the
boundary of the city of Dubuque, thence west-
erly, then northerly along the boundary of the
city of Dubuque until it intersects North Cas-
cade Road, thence easterly along North Cas-
cade Road until it intersects Cedar Cross
Road, thence southeasterly along Cedar Cross
Road until it intersects Fremont Avenue,
thence northeasterly along Fremont Avenue
until it intersects the Chicago Central and Pa-
cific Railroad, thence southeasterly along the
Chicago Central and Pacific Railroad until it
intersects Rockdale Road, thence northerly
along Rockdale Road until it intersects South-
ern Avenue, thence northerly along Southern
Avenue until it intersects Arrowhead Drive,
thence westerly along Arrowhead Drive until it
intersects Wallis Place, thence easterly along
Wallis Place until it intersects Indian Ridge,
thence northerly along Indian Ridge until it
intersects the northwest bound lane of South
Grandview Avenue, thence easterly along the
northwest bound lane of South Grandview
Avenue to the point of origin at the intersection
of South Grandview Avenue and the south-
bound lane of U.S. Highway 52/61/151.
Section 1 -8 -5: Precinct 2
The 2nd Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that the northwest
bound lane of South Grandview Avenue inter-
sects Indian Ridge, thence southerly and
westerly along the boundary of Precinct 1 until
it intersects the boundary of the city of Dubu-
que, thence northwesterly along the boundary
of the city of Dubuque until it intersects the
boundary of Census Block 1026, Tract 101.04,
thence northerly along the boundary of Census
Block 1026, Tract 101.04 until it intersects the
eastbound lane of Dodge Street, thence east-
erly along the eastbound lane of Dodge Street
until it intersects the northbound lane of the
Northwest Arterial, thence northerly along the
northbound lane of the Northwest Arterial until
it intersects the westbound lane of Dodge
Street, thence easterly along the westbound
lane of Dodge Street until it intersects Century
Drive, thence southerly along Century Drive
until it intersects the eastbound lane of Dodge
Street, thence easterly along the eastbound
lane of Dodge Street until it intersects the
eastbound Fremont Avenue off -ramp, thence
easterly along the eastbound Fremont Avenue
off -ramp until it intersects the south bound lane
of South Grandview Avenue, thence southerly
along the southbound lane of South
Grandview Avenue until it intersects Hender-
son Street, thence northeasterly along Hen-
derson Street until it intersects the northbound
lane of South Grandview Avenue, thence
southerly along the northbound lane of South
Grandview Avenue until it intersects State
Street, thence southerly along State Street
until it intersects the southbound lane of South
Grandview Avenue, thence southerly along the
southbound lane of South Grandview Avenue
until it intersects Adeline Street, thence easter-
ly along Adeline Street until it intersects the
northbound lane of South Grandview Avenue,
thence southerly along the northbound lane of
South Grandview Avenue to the point of origin
at the intersection of the northwest bound lane
of South Grandview Avenue and Indian Ridge.
Section 1 -8 -6: Precinct 3
The 3rd Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the intersection of Steger Lane
and the eastbound lane of Dodge Street,
thence westerly along the eastbound lane of
Dodge Street until it intersects Century Drive,
thence northerly along Century Drive until it
intersects Sylvan Drive, thence northerly along
Sylvan Drive until it intersects Pennsylvania
Avenue, thence westerly along Pennsylvania
Avenue until it intersects the southbound lane
of the Northwest Arterial, thence northerly
along the southbound lane of the Northwest
Arterial until it intersects the north fork of Cat-
fish Creek, thence easterly along the north fork
of Catfish Creek until it intersects Keyway
Drive, thence northerly along Keyway Drive
Book 141 Special Session, August 24, 2011 333
until it intersects Hillcrest Road, thence easter-
ly along Hillcrest Road until it intersects John
F. Kennedy Road, thence southerly along
John F. Kennedy Road until it intersects Penn-
sylvania Avenue, thence easterly along Penn-
sylvania Avenue until it intersects Drexel Ave-
nue, thence southerly along Drexel Avenue
until it intersects Van Buren Street, thence
northwesterly along Van Buren Street until it
intersects the Catfish Creek North Branch,
thence southerly along the Catfish Creek North
Branch until it intersects an unnamed road,
thence southeasterly along the unnamed road
until it intersects University Avenue, thence
southwesterly along University Avenue until it
intersects the north fork of Catfish Creek,
thence southeasterly along the north fork of
Catfish Creek until it intersects the westbound
lane of Dodge Street, thence easterly along
the westbound lane of Dodge Street until it
intersects Steger Lane thence southerly along
Steger Lane to the point of origin at the inter-
section of the eastbound lane of Dodge Street
and Steger Lane.
Section 1 -8 -7: Precinct 4
The 4th Precinct is described as that por-
tion of the city of Dubuque and Dubuque
County bounded by a line beginning at the
point that the boundary of the city of Dubuque
intersects North Cascade Road, thence
southwesterly along North Cascade Road until
it intersects the south boundary of Dubuque
Township, thence westerly along the south
boundary of Dubuque Township until it inter-
sects the boundary of the city of Dubuque,
thence westerly, southerly, easterly and nor-
therly along the boundary of the city of Dubu-
que until it intersects the south boundary of
Center Township, thence westerly along the
south boundary of Center Township until it
intersects the boundary of the city of Dubuque,
thence northerly along the boundary of the city
of Dubuque until it intersects the east bounda-
ry of Center Township, thence northerly along
the east boundary of Center Township until it
intersects the boundary of the city of Dubuque,
thence northerly then easterly along the
boundary of the city of Dubuque until it inter-
sects Asbury Road east of Radford Road,
thence easterly along Asbury Road until it in-
tersects the southbound lane of the Northwest
Arterial, thence southerly along the south-
bound lane of the Northwest Arterial until it
intersects Pennsylvania Avenue, thence east-
erly along Pennsylvania Avenue until it inter-
sects Sylvan Road, thence southerly along
Sylvan Road until it intersects Century Drive,
thence southerly along Century Drive until it
insects the boundary of Precinct 2, thence
westerly then southeasterly along the bounda-
ry of Precinct 2 until it intersects the boundary
of the city of Dubuque, thence southeasterly
along the boundary of the city of Dubuque to
the point of origin at the intersection of the
boundary of the city of Dubuque and North
Cascade Road.
Section 1 -8 -8: Precinct 5
The 5th Precinct is described as that por-
tion of city of Dubuque bounded by a line be-
ginning at the point that the Northwest Arterial
intersects John F. Kennedy Road, thence nor-
therly along John F. Kennedy Road until it
intersects the northern boundary of the city of
Dubuque, thence westerly then southerly
along the northern boundary of the city of
Dubuque until it intersects Asbury Road,
thence easterly along Asbury Road until it in-
tersects the southbound lane of the Northwest
Arterial, thence southerly along the south-
bound lane of the Northwest Arterial until it
intersects the north fork of Catfish Creek,
thence easterly along the north fork of Catfish
Creek until it intersects Keyway Drive, thence
northerly along Keyway Drive until it intersects
Hillcrest Road, thence easterly along Hillcrest
Road until it intersects John F. Kennedy Road,
thence northerly along John F. Kennedy Road
until it intersects Kaufmann Avenue, thence
westerly along Kaufmann Avenue until it inter-
sects Bonson Road, thence northerly along
Bonson Road until it intersects Megan Street,
thence easterly along Megan Street until it
intersects Sunset Park Circle, thence north-
easterly along Sunset Park Circle until it inter-
sects John F. Kennedy Road, thence northerly
along John F. Kennedy Road to the point of
origin at the intersection of the Northwest Arte-
rial and John F. Kennedy Road.
Section 1 -8 -9: Precinct 6
The 6th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that Central Avenue
intersects the northern boundary of the city of
Dubuque, thence westerly along the northern
boundary of the city of Dubuque until it inter-
sects the boundary of Precinct 5, thence
southerly along the boundary of Precinct 5
until it intersects Kaufmann Avenue, thence
easterly along Kaufmann Avenue until it inter-
sects Carter Road, thence northerly along
Carter Road until it intersects West 32od
Street, thence easterly along West 32nd Street
until it intersects Central Avenue, thence
northwesterly along Central Avenue to the
point of origin at the intersection of Central
Avenue and the boundary of the city of Dubu-
que.
Section 1 -8 -10: Precinct 7
The 7th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that Kaufmann Avenue
intersects John F. Kennedy Road, thence
southerly along John F. Kennedy Road until it
intersects Pennsylvania Avenue, thence east-
334 Special Session August 24, 2011 Book 141
erly along Pennsylvania Avenue until it inter-
sects Bristol Drive, thence northerly along Bris-
tol Drive until it intersects St. Anne Drive,
thence easterly along St. Anne Drive until it
intersects Flora Park Road, thence northerly
along Flora Park Road until it intersects Wil-
bricht Lane, thence easterly along Wilbricht
Lane until it intersects Asbury Road, thence
northwesterly along Asbury Road until it inter-
sects Chaney Road, thence northerly along
Chaney Road until it intersects Kaufmann Av-
enue, thence westerly along Kaufmann Ave-
nue to the point of origin at the intersection of
Kaufmann Avenue and John F. Kennedy
Road.
Section 1 -8 -11: Precinct 8
The 8th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that North Grandview
Avenue intersects West 32od Street, thence
westerly along West 32nd Street until it inter-
sects Carter Road, thence southerly along
Carter Road until it intersects Kaufmann Ave-
nue, thence easterly along Kaufmann Avenue
until it intersects Chaney Road, thence south-
erly along Chaney Road until it intersects As-
bury Road, thence southeasterly along Asbury
Road until it intersects Rosedale Avenue,
thence easterly along Rosedale Avenue until it
intersects Avoca Street, thence northerly along
Avoca Street until it intersects North
Grandview Avenue, thence northerly along
North Grandview Avenue to the point of origin
at the intersection of North Grandview Avenue
and West 32nd Street.
Section 1 -8 -12: Precinct 9
The 9th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that Hempstead Street
intersects Kaufmann Avenue, thence westerly
along Kaufmann Avenue until it intersects
North Grandview Avenue, thence southerly
along North Grandview Avenue until it inter-
sects Loras Boulevard, thence easterly along
Loras Boulevard until it intersects Cox Street,
thence northerly along Cox Street until it inter-
sects Kirkwood Street, thence northeasterly
along Kirkwood Street until it intersects West
Locust Street, thence easterly along West Lo-
cust Street until it intersects Foye Street,
thence northerly along Foye Street until it in-
tersects Lowell Street, thence westerly along
Lowell Street until it intersects Hempstead
Street, thence northerly along Hempstead
Street to the point of origin at the intersection
of Hempstead Street and Kaufmann Avenue.
Section 1 -8 -13: Precinct 10
The 10th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at a point that North Grandview Av-
enue intersects Loras Boulevard, thence nor-
therly and westerly along North Grandview
Avenue until it intersects Rosedale Avenue,
thence westerly along Rosedale Avenue until it
intersects Asbury Road, thence northwesterly
along Asbury Road until it intersects Wilbricht
Lane, thence westerly along Wilbricht Lane
until it intersects Flora Park Road, thence
southerly along Flora Park Road until it inter-
sects St. Anne Drive, thence westerly along St.
Anne Drive until it intersects Bristol Drive,
thence southerly along Bristol Drive until it
intersects Pennsylvania Avenue, thence east-
erly along Pennsylvania Avenue until it inter-
sects Drexel Avenue, thence southerly along
Drexel Avenue until it intersects Van Buren
Street, thence northwesterly along Van Buren
Street until it intersects the Catfish Creek
North Branch, thence southerly along the Cat-
fish Creek North Branch until it intersects the
unnamed road, thence southeasterly along the
unnamed road until it intersects University
Avenue, thence southwesterly along University
Avenue until it intersects the north fork of Cat-
fish Creek, thence southeasterly along the
north fork of Catfish Creek until it intersects the
westbound lane of Dodge Street, thence east-
erly along the westbound lane of Dodge Street
until it intersects Steger Lane, thence southerly
along Steger Lane until it intersects the east-
bound lane of Dodge Street, thence easterly
along the eastbound lane of Dodge Street until
it intersects Gandolfo Street, thence northerly
along Gandolfo Street until it intersects St.
Joseph Street, thence easterly along St. Jo-
seph Street until it intersects South Algona
Street, thence northerly along South Algona
Street until it intersects North Algona Street,
thence northerly along North Algona Street
until it intersects Loras Boulevard, thence
northeasterly along Loras Boulevard to the
point of origin at the intersection of Loras
Boulevard and North Grandview Avenue.
Section 1 -8 -14: Precinct 11
The 11th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that Central Avenue
intersects Kaufmann Avenue, thence westerly
along Kaufmann Avenue until it intersects the
boundary of Precinct 9, thence westerly along
the boundary of Precinct 9 until it intersects the
boundary of Precinct 8, thence northerly along
the boundary of Precinct 8 until it intersects the
boundary of Precinct 6, thence easterly along
the boundary of Precinct 6 until it intersects
Lemon Street, thence southerly along Lemon
Street until it intersects West 30th Street,
thence easterly along West 30th Street until it
intersects Central Avenue, thence southerly
along Central Avenue to the point of origin at
the intersection of Central Avenue and Kauf-
mann Avenue.
Section 1 -8 -15: Precinct 12
The 12th Precinct is described as that por-
Book 141 Special Session, August 24, 2011 335
tion of the city of Dubuque bounded by a line
beginning at the intersection of 32od Street and
Central Avenue, thence northerly along Cen-
tral Avenue until it intersects the boundary of
the city of Dubuque, thence northeasterly
along the boundary of the city of Dubuque until
it intersects the Iowa, Chicago and Eastern
Railroad, thence southeasterly along the Iowa,
Chicago and Eastern Railroad until it intersects
the eastern boundary of Census Block 1006,
Tract 101.03, thence southerly along the east-
ern boundary of Census Block 1006, Tract
101.03 until it intersects Roosevelt Road,
thence southerly along Roosevelt Road until it
intersects Prescott Street, thence southwester-
ly along Prescott Street until it intersects As-
cension Street, thence northwesterly along
Ascension Street until it intersects Thomas
Place, thence southwesterly along Thomas
Place until it intersects Eagle Street, thence
northwesterly and then westerly along Eagle
Street until it intersects Viola Street, thence
southerly along Viola Street until it intersects
Pleasant Street, thence westerly along Pleas-
ant Street until it intersects Stafford Street,
thence northerly along Stafford Street until it
intersects Hennepin Street, thence westerly
then northerly along Hennepin Street until it
intersects Windsor Avenue, thence northerly
along Windsor Avenue until it intersects Davis
Street, thence westerly along Davis Street until
it intersects Sheridan Road, thence northwest-
erly along Sheridan Road until it intersects
Peru Road, thence southwesterly along Peru
Road until it intersects Louella Lane, thence
northerly then southwesterly along Louella
Lane until it intersects the Heritage Trail,
thence southerly along the Heritage Trail until
it intersects 32nd Street, thence westerly along
32nd Street to the point of origin at the intersec-
tion of 32nd Street and Central Avenue.
Section 1 -8 -16: Precinct 13
The 13th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that Queen Street inter-
sects East 24th Street, thence southwesterly
along East 24th Street until it intersects the
boundary of Precinct 11, thence northerly
along the boundary of Precinct 11 until it inter-
sects the boundary of Precinct 6, thence east-
erly along the boundary of Precinct 6 until it
intersects the boundary of Precinct 12, thence
easterly then southerly along the boundary of
Precinct 12 until it intersects Lawther Street,
thence westerly along Lawther Street until it
intersects Balke Street, thence southeasterly
along Balke Street until it intersects Strauss
Street, thence southwesterly along Strauss
Street until it intersects Brunswick Street,
thence southeasterly along Brunswick Street
until it intersects Clinton Street, thence wester-
ly along Clinton Street until it intersects the
extension of Marquette Place, thence souther-
ly along Marquette Place until it intersects
Queen Street, thence southerly along Queen
Street to the point of origin at the intersection
of Queen Street and East 24th Street.
Section 1 -8 -17: Precinct 14
The 14th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that East 18th Street
intersects Central Avenue, thence northerly
along Central Avenue until it intersects the
boundary of Precinct 13, thence easterly then
northerly along the boundary of Precinct 13
until it intersects the boundary of Precinct 12,
thence southerly then easterly along the
boundary of Precinct 12 until it intersects
Thomas Place, thence southerly along Thom-
as Place until it intersects Farley Street,
thence easterly along Farley Street until it in-
tersects High Bluff Street, thence southerly
along High Bluff Street until it intersects Staf-
ford Street, thence easterly along Stafford
Street until it intersects Garfield Avenue,
thence southwesterly along Garfield Avenue
until it intersects the public alley one block east
of Elm Street, thence southerly along the pub-
lic alley one block east of Elm Street until it
intersects East 18th Street, thence westerly
along East 18th Street to the point of origin at
the intersection of East 18th Street and Central
Avenue.
Section 1 -8 -18: Precinct 15
The 15th Precinct is described as that por-
tion of the city of Dubuque and Dubuque
County bounded by a line beginning at the
point that East 16th Street intersects the Iowa,
Chicago and Eastern Railroad, thence norther-
ly along the Iowa, Chicago and Eastern Rail-
road until it intersects East 18th Street, thence
southwesterly along East 18th Street until it
intersects the boundary of Precinct 14, thence
northerly along the boundary of Precinct 14
until it intersects the boundary of Precinct 12,
thence northeasterly along the boundary of
Precinct 12 until it intersects the Iowa, Chicago
and Eastern Railroad, thence northwesterly
along the Iowa, Chicago and Eastern Railroad
until it intersects boundary of Dubuque Town-
ship, thence easterly along the boundary of
Dubuque Township until it intersects the
boundary of Census Block 190610101031004,
thence easterly along the boundary of Census
Block 190610101031004 until it intersects the
boundary of the State of Iowa, thence souther-
ly along the boundary of the State of Iowa until
it intersects the boundary of the city of Dubu-
que, thence southerly along the boundary of
the city of Dubuque until it intersects the east-
bound lane of U. S. Highway 61/151, thence
westerly along the eastbound lane of U. S.
Highway 61/151 until it intersects Chaplin
Schmidt Drive, thence westerly along Chaplin
336 Special Session August 24, 2011 Book 141
Schmidt Drive until it intersects the boundary
of Census Block 1025, Tract 1, thence wester-
ly along the boundary of Census Block
1025,Tract 1 until it intersects East 16th Street,
thence westerly along East 16th Street to the
point of origin at the intersection of East 16th
Street and the Iowa, Chicago and Eastern
Railroad.
Section 1 -8 -19: Precinct 16
The 16th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that Dodge Street inter-
sects the eastern boundary of the city of
Dubuque, thence northerly along the boundary
of the city of Dubuque until it intersects the
boundary of Precinct 15, thence westerly along
the boundary of Precinct 15 until it intersects
East 18th Street, thence westerly along East
18th Street until it intersects Central Avenue,
thence southerly along Central Avenue until it
intersects Loras Boulevard, thence westerly
along Loras Boulevard until it intersects Bluff
Street, thence southerly along Bluff Street until
it intersects West 11th Street, thence easterly
along West 11th Street until it intersects Locust
Street, thence southerly along Locust Street
until it intersects West 10th Street, thence
westerly along West 10th Street until it inter-
sects Bluff Street, thence southerly along Bluff
Street until it intersects Jones Street, thence
easterly along Jones Street until it intersects
Bissel Lane, thence easterly along the bound-
ary of Census Blocks 2037, 1105, 1137 and
1107, all in Tract 1 until it intersects Main
Street, thence southerly along Main Street until
it intersects Jones Street, thence easterly
along Jones Street until it intersects Terminal
Street, thence southerly along Terminal Street
until it intersects Dodge Street, thence easterly
along Dodge Street to the point of origin at the
intersection of Dodge Street and the eastern
boundary of the city of Dubuque.
Section 1 -8 -20: Precinct 17
The 17th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that Central Avenue
intersects Loras Boulevard, thence westerly
along Loras Boulevard until it intersects the
boundary of Precinct 9, thence northerly along
the boundary of Precinct 9 until it intersects the
boundary of Precinct 11, thence easterly along
the boundary of Precinct 11 until it intersects
the boundary of Precinct 14, thence southerly
along the boundary of Precinct 14 until it inter-
sects the boundary of Precinct 16, thence
southerly along the boundary of Precinct 16 to
the point of origin at the intersection of Central
Avenue and Loras Boulevard.
Section 1 -8 -21: Precinct 18
The 18th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at the point that Locust Street inter-
sects the westbound lane of Dodge Street,
thence northerly along Locust Street until it
intersects the boundary of Precinct 16, thence
northerly along the boundary of Precinct 16
until it intersects the boundary of Precinct 17,
thence southwesterly along the boundary of
Precinct 17 until it intersects Cox Street,
thence southerly along Cox Street until it inter-
sects Chestnut Street, thence easterly along
Chestnut Street until it intersects Walnut
Street, thence southerly along Walnut Street
until it intersects Rose Street, thence westerly
along Rose Street until it intersects Race
Street, thence southerly along Race Street
until it intersects West 11th Street, thence
westerly along West 11th Street until it inter-
sects Wilson Street, thence southerly along
Wilson Street until it intersects University Ave-
nue, thence westerly along University Avenue
until it intersects Alpine Street, thence souther-
ly along Alpine Street until it intersects West
5th Street, thence easterly along West 5th
Street until it intersects Winona Street, thence
southerly along Winona Street until it inter-
sects West 3r Street, thence easterly along
West 3rd Street until it intersects Hill Street,
thence southerly along Hill Street until it inter-
sects the westbound lane of Dodge Street,
thence easterly along the westbound lane of
Dodge Street to the point of origin at the inter-
section of the westbound lane of Dodge Street
and Locust Street.
Section 1 -8 -22: Precinct 19
The 19th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at a point that the eastbound lane of
Dodge Street intersects Bryant Street, thence
westerly along the eastbound lane of Dodge
Street until it intersects the eastbound Fremont
Avenue off -ramp, thence westerly along the
eastbound Fremont Avenue off -ramp until it
intersects the eastbound lane of Dodge Street,
thence westerly along the eastbound lane of
Dodge Street until it intersects the boundary of
Precinct 10, thence northerly along the bound-
ary of Precinct 10 until it intersects Loras
Boulevard, thence easterly along Loras Boule-
vard until it intersects the boundary of Precinct
18, thence southerly along the boundary of
Precinct 18 to the point of origin at the inter-
section of Bryant Street and the eastbound
lane of Dodge Street.
Section 1 -8 -23: Precinct 20
The 20th Precinct is described as that por-
tion of the city of Dubuque bounded by a line
beginning at a point where the southbound
lane of South Grandview Avenue intersects
the eastbound Fremont Avenue off -ramp,
thence southerly along the southbound lane of
South Grandview Avenue until it intersects
Henderson Street, thence northeasterly along
Henderson Street until it intersects the north-
Book 141 Special Session, August 24, 2011 337
bound lane of South Grandview Avenue,
thence southerly along the northbound lane of
South Grandview Avenue until it intersects
State Street, thence southerly along State
Street until it intersects the southbound lane of
South Grandview Avenue, thence southerly
along the southbound lane of South
Grandview Avenue until it intersects Adeline
Street, thence easterly along Adeline Street
until it intersects the northbound lane of South
Grandview Avenue, thence southerly along the
northbound lane of South Grandview Avenue
until it intersects the southbound lane of U.S.
Highway 52/61/151, thence southerly along
the southbound lane of U.S. Highway
52/61/151 until it intersects the boundary of the
city of Dubuque, thence easterly then northerly
along the boundary of the city of Dubuque until
it intersects the boundary of Precinct 16,
thence westerly along the boundary of Precinct
16 until it intersects the boundary of Precinct
18, thence southerly then westerly along the
boundary of Precinct 18 until it intersects the
boundary of Precinct 19, thence westerly along
the boundary of Precinct 19 to the point of
origin at the intersection of the southbound
lane of South Grandview Avenue and the
eastbound Fremont Avenue off -ramp.
ARTICLE III: WARDS
Section 1 -8 -24: City Divided into Four Wards
The city is hereby divided into four (4)
Wards as described in this article.
Section 1 -8 -25: Ward 1
The 1st Ward is comprised of Pre-
cincts 1 through 5.
Section 1 -8 -26: Ward 2
The 2od ward is comprised of Pre-
cincts 6 throughl0.
Section 1 -8 -27: Ward 3
The 3rd Ward is comprised of Pre-
cincts 11 through 15.
Section 1 -8 -28: Ward 4
The 4th Ward is comprised of Pre-
cincts 16 through 20.
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
CITY COUNCIL GOAL SETTING SESSION
FY 2013
Lyle Sumek, Lyle Sumek and Associates,
facilitated the FY 2013 City Council's goal set-
ting. Discussion was given to:
• Goal 1 — Diverse and Strong Econo-
my
• Goal 2 — Sustainable City
• Goal 3 — Planned and Managed
Growth
• Goal 4 — Partnering for a Better
Dubuque
• Goal 5 — Improved Connectivity,
Transportation and Telecommunica-
tions
• Other city successes
• Actions to reduce cost to government
• Service reductions
• Increased new services
• Success in 2016
• Major Challenges
• Action Ideas for 2011 -2013.
Sumek provided information from the Joel
Kotkin book, The Next 100 Million; America in
2050." Discussion was given to the author's
five top reasons for Dubuque's success:
1. Traditional values with social toler-
ance
2. Affordability
3. Live near work
4. Importance of partnerships
5. Quality schools
Sumek also lead discussion on the im-
portance of local government supporting
growth and community investment.
There being no further business, upon mo-
tion the City Council adjourned at 9:06 p.m.
/s/Kevin S. Firnstahl
Acting City Clerk
338 Special Session August 25, 2011 Book 141
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
SPECIAL SESSION
The City Council met in special session at
4:30 p.m. on August 25, 2011 in Room 4 at the
Grand River Center, 500 Bell Street.
Present: Mayor Buol, Council Members
Braig, Jones, Lynch, Resnick, Sutton, City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Connors
Mayor Buol read the call and stated this is
a special session of the City Council to con -
duct the City Council Goal Setting Session.
CITY COUNCIL GOAL SETTING SESSION
Lyle Sumek, Sumek and Associates,
Heathrow FL, facilitated the second session of
the FY 2013 City Council's goal setting. City
Council reviewed and discussed the previous
session's information and ranked objectives,
challenges /opportunities, and actions. The City
Council then identified the Policy Agenda for
2011 -2013 as follows:
FIVE -YEAR COMMUNITY GOALS FOR A
SUSTAINABLE DUBUQUE
• Economic Prosperity
• Social /Cultural Vibrancy
• Environmental Integrity
FIVE -YEAR CITY GOALS
• Planned and Managed Growth
• Partnering for a Better Dubuque
• Improved Connectivity — Transporta-
tion and Telecommunications
POLICY AGENDA 2011 — 2013
Top Priorities: (in alphabetical order)
• 9 -1 -1 Center Relocation Analysis
• Arts and Culture Strategy
• Clean Air Attainment Strategy
• Historic Millwork District Master Plan
• Southwest Arterial Project
• Support of Greater Dubuque Devel-
opment Corporation
• Washington Neighborhood Strategy
High Priorities: (in alphabetical order)
• Annexation Study
• Every Child 1 Every Promise
• Master Plan for Chaplain Schmitt Is-
land
• Multicultural Family Center Support
• New Industrial Park Location and Ac-
tion Plan
• Red Light and Speed Enforcement
Cameras
• Safe Community Initiative
• Street Improvement Program
There being no further business, upon mo-
tion the City Council adjourned at 9:15 p.m.
/s/Kevin S. Firnstahl
Acting City Clerk
Book 141 Special & Regular Session
s, September 6, 2011 339
CITY OF DUBUQUE, IOWA
CITY COUNCIL OFFICIAL
PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special
session at 5:15 p.m. on September 6, 2011 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton, City Manager Van Milligen, City Attorney
Lindahl
Mayor Buol read the call and stated this is
a special session of the City Council to con-
duct a work session on Green Vision Educa-
tion.
WORK SESSION
GREEN VISION EDUCATION
Bev Wagner, Education Coordinator for the
Dubuque Metropolitan Area Solid Waste
Agency (DMASWA), Brenda Mitchell of Table
Mound Elementary School, and Dave Gross of
Resurrection Catholic School provided a slide
presentation on Green Vision Education. Sus-
tainable Dubuque Coordinator Cori Burbach
and Resource Management Coordinator Paul
Schultz, responded to questions from City
Council. Highlights included:
• Green Vision Education program history
• Green Vision School benefits
• Achieving and maintaining a Green Vision
Education award
• Initial assessment points
• Green Vision Patch Partners
o watershed awareness
o energy conservation
o litter -free school
o sustainable nutrition
o eco- literacy
• Current Green Vision Education schools
• Schools working toward Green Vision
Education award
• Progress portfolio
Green Vision Education Office
1450 Alta Vista Street
Dubuque, Iowa, 52001
563.588.7935
There being no further business, upon mo-
tion the City Council adjourned at 5:56 p.m.
/s/Kevin S. Firnstahl
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular
session at 6:30 p.m. on September 6, 2011 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton, City Manager Van Milligen, City Attorney
Lindahl
Mayor Buol read the call and stated this is
a regular session of the City Council to con-
duct such business that may properly come
before the City Council.
Pledge of Allegiance
Invocation was provided by Joy Peterson,
PBVM, Promoter of Peace and Justice, Sinsi-
nawa Dominican Sisters
PROCLAMATIONS
9 -11 Memorial Day (September 11, 2011)
was accepted by Luke Arensdorf, 5205 Swiss
Valley Road, Asbury;
Day of Peace and Cease Fire (September
21, 2011) was accepted by Amy GoIm, 1847
Carter Road;
Shriners Hospitals for Children Day (Sep-
tember 25, 2011) was accepted by Steve
Bateman, 3005 Old Country Road, and Dick
Lorenz, 2355 Rosedale Street;
Voices From The Warehouse District VII:
Revolt: Re- Energize Art In America Days
(September 10- October 11, 2011) was ac-
cepted by Gene Tully, 448 Summit Street
SELECTION OF CITY CLERK
Applicants: Kevin Firnstahl, Acting City
Clerk, Dubuque, Iowa; Linda Gaul, City
Clerk/Treasurer, City of Earlville, Iowa; Jen-
nifer Quinton, Deputy City Clerk, City of Elgin,
Illinois; and Teevie Walker, Assistant City
Clerk, City of Valley Center, Kansas. Upon roll
call vote of 7 -0, Kevin Firnstahl was appointed
to the position of City Clerk.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents including additional correspond-
ence, adopt the resolutions, and dispose of as
340 Regular Session, September 6, 2011 Book 141
indicated. Seconded by Jones. Motion carried
7 -0.
Minutes and Reports Submitted: City
Council Proceedings of 8/15, 8/24 and 8/25;
Community Development Advisory Commis-
sion of 7/20; Environmental Stewardship Advi-
sory Commission of 8/2; Historic Preservation
Commission of 8/18; Historic Preservation
Commission Education Task Force of 8/3;
Housing Commission of 7/26; Long Range
Planning Advisory Commission of 8/17; Transit
Advisory Board of 8/11
Proof of Publication for City Council Pro-
ceedings of August 2 and 15, 2011
Upon motion the documents were received
and filed.
Notice of Claims /Suits: Sarah Anthoney for
vehicle damage; Nichole Bauer for vehicle
damage; Ann Beau for property damage; Ann
Brandel for property damage; Charles Sulcer
for vehicle damage; Robert and Katy Wethal
for property damage; Marlin Wittman for prop-
erty damage; Tim and Kim Wittstock for prop-
erty damage; Greg and Kim Yoko for personal
injury and 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 Com-
munities Assurance Pool: Sarah Anthoney for
vehicle damage; Ann Beau for property dam-
age; Ann Brandel for property damage; Nick -
ole O'Connor for property damage; George
Weinberg for vehicle damage; Marlin Wittman
for property damage; Tim Wittstock for proper-
ty damage. Upon motion the documents were
received, filed and concurred.
National Endowment for the Arts / Art
Works: City Manager transmitting correspond-
ence and a press release from Rocco
Landesman, Chairman of the National En-
dowment for the Arts (NEA), congratulating the
City on receiving an Our Town grant from the
NEA/Art Works to support planning and design
related to the Historic Millwork District. Upon
motion the document was received and filed.
Investment Oversight Advisory Commis-
sion: The Investment Oversight Commission
submitting the 73rd Quarterly Report. Upon
motion the documents were received and filed.
Office of the City Assessor: Correspond-
ence from City Assessor Rick A. Engelken
informing the City that the Conference Board
has of a Notice of Appeal and Petition before
the Property Assessment Appeal Board in Des
Moines. Upon motion the document was re-
ceived and filed.
Mediacom: Correspondence from Lee
Grassley, Senior Manager of Government Re-
lations for Mediacom Communications Com-
pany informing the City of changes in pro-
gramming. Upon motion the documents were
received and filed.
Maintenanceworker Position — Public
Works Department: City Manager recommend-
ing that the vacant Maintenanceworker posi-
tion in the Public Works Department be reclas-
sified as an Equipment Operator I, by eliminat-
ing the Maintenanceworker position and creat-
ing an Equipment Operator I position. Upon
motion the documents were received, filed,
and approved.
General Obligation Bonds Series 2011A
and Taxable General Obligation Bonds Series
2011B: City Manager recommending approval
of amendments to Resolution Nos. 269 -11 and
271 -11 related to authorizing the issuance of
General Obligation Bonds Series 2011A and
Taxable General Obligation Bonds Series
2011B necessary to conform the authorizing
resolution for each series to the definition of
"record date." Upon motion the documents
were received and filed and Resolution No.
288 -11 Amending Resolution No. 269 -11 au-
thorizing the issuance, adopted August 15,
2011. (Series 2011A); and Resolution No. 289-
11 Amending Resolution No. 271 -11 Authoriz-
ing the issuance, adopted August 15, 2011
(Series 2011 B) were adopted.
RESOLUTION NO. 288 -11
RESOLUTION AMENDING RESOLUTION
NO. 269 -11 AUTHORIZING ISSUANCE OF
$6,330,000 GENERAL OBLIGATION
BONDS, SERIES 2011A, ADOPTED AU-
GUST 15, 2011
Whereas, the Council adopted Resolution
No. 269 -11, a Resolution Authorizing and
Providing for the Issuance of $6,330,000 Gen-
eral Obligation Bonds, Series 2011A, and Lev-
ying a Tax to Pay Said Bonds, on August 15,
2011; and
Whereas, Section 10 and Section 13 of
Resolution No. 269- llprovides that payments
of principal and interest made in respect of any
Bond shall be paid to the registered holder or
to their designated agent as shown on the
records of ownership maintained by the Regis-
trar on the 15th day preceding the payment
date; and
Whereas, the Official Statement, dated
August 8, 2011, provides that payments of
principal and interest made in respect of any
Bond shall be paid to the registered holder or
Book 141 Regular Session, September 6, 2011 341
to their designated agent as shown on the
records of ownership maintained by the Regis-
trar on the 15th day of the month preceding the
payment date; and
Whereas, it is necessary to conform the
definition of record date as stated in said
Resolution to that as stated in the Official
Statement, and action should now be taken to
amend Section 10 and Section 13 of said
Resolution to so conform.
NOW, THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Section 10 of Resolution No.
269 -11 shall be amended to read as follows:
Section 10. Record Date. Payments of
principal and interest, otherwise than upon full
redemption, made in respect of any Bond,
shall be made to the registered holder thereof
or to their designated agent as the same ap-
pear on the books of the Registrar on the 15th
day of the month preceding the payment date.
All such payments shall fully discharge the
obligations of the Issuer in respect of such
Bonds to the extent of the payments so made.
Payment of principal shall only be made upon
surrender of the Bond to the Paying Agent.
Section 2. The definition of record date in
the form of Bond as set forth in Section 13 of
Resolution No. 269 -11 shall be amended to
read as follows:
Interest and principal shall be paid to the
registered holder of the Bond as shown on the
records of ownership maintained by the Regis-
trar as of the 15th day of the month preceding
such interest payment date.
Section 3. That all other provisions of Res-
olution No. 269 -11 be and the same hereby
are ratified, confirmed and approved.
Passed and approved this 6th day of
September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 289 -11
RESOLUTION AMENDING RESOLUTION
NO. 271 -11 AUTHORIZING ISSUANCE OF
$1,590,000 TAXABLE GENERAL OBLIGA-
TION BONDS, SERIES 2011B, ADOPTED
AUGUST 15, 2011
Whereas, the Council adopted Resolution
No. 271 -11, a Resolution Authorizing and
Providing for the Issuance of $1,590,000 Tax-
able General Obligation Bonds, Series 2011B,
and Levying a Tax to Pay Said Bonds, on Au-
gust 15, 2011; and
Whereas, Section 10 and Section 13 of
Resolution No. 271 -11 provides that payments
of principal and interest made in respect of any
Bond shall be paid to the registered holder or
to their designated agent as shown on the
records of ownership maintained by the Regis-
trar on the 15th day preceding the payment
date; and
Whereas, the Official Statement, dated
August 8, 2011, provides that payments of
principal and interest made in respect of any
Bond shall be paid to the registered holder or
to their designated agent as shown on the
records of ownership maintained by the Regis-
trar on the 15th day of the month preceding the
payment date; and
Whereas, it is necessary to conform the
definition of record date as stated in said
Resolution to that as stated in the Official
Statement, and action should now be taken to
amend Section 10 and Section 13 of said
Resolution to so conform.
NOW, THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Section 10 of Resolution No.
271 -11 shall be amended to read as follows:
Section 10. Record Date. Payments of
principal and interest, otherwise than upon full
redemption, made in respect of any Bond,
shall be made to the registered holder thereof
or to their designated agent as the same ap-
pear on the books of the Registrar on the 15th
day of the month preceding the payment date.
All such payments shall fully discharge the
obligations of the Issuer in respect of such
Bonds to the extent of the payments so made.
Payment of principal shall only be made upon
surrender of the Bond to the Paying Agent.
Section 2. The definition of record date in
the form of Bond as set forth in Section 13 of
Resolution No. 271 -11 shall be amended to
read as follows:
Interest and principal shall be paid to the
registered holder of the Bond as shown on the
records of ownership maintained by the Regis-
trar as of the 15th day of the month preceding
such interest payment date.
Section 3. That all other provisions of Res-
olution No. 271 -11 be and the same hereby
are ratified, confirmed and approved.
Passed and approved this 6th day of
September 2011.
Health Alert Network (HAN): City Manager
recommending approval of a Memorandum of
Understanding and associated documents for
continued use of the Health Alert Network
(HAN) portal system with the Iowa Department
of Public Health. Upon motion the documents
were received, filed, and approved.
Hillcrest Family Services — Parking Agree-
ment: City Manager recommending approval
of an agreement with Hillcrest Family Services
for 30 parking spaces in Flora Park. Upon mo-
tion the documents were received, filed, and
approved.
342 Regular Session, September 6, 2011 Book 141
Green Industrial Supply, Inc.: City Manager
recommending submittal of a Financial Assis-
tance application to the Iowa Department of
Economic Development on behalf of Green
Industrial Supply, Inc. Upon motion the docu-
ments were received and filed and Resolution
No. 290 -11 Authorizing the filing of an applica-
tion for State Financial Assistance on behalf of
Green Industrial Supply, Inc. was adopted.
RESOLUTION NO. 290 -11
AUTHORIZING THE FILING OF AN APPLI-
CATION FOR STATE FINANCIAL ASSIS-
TANCE ON BEHALF OF GREEN INDUSTRI-
AL SUPPLY, INC.
Whereas, Green Industrial Supply, Inc.
has proposed the relocation and expan-
sion of its corporate offices in Dubuque,
Iowa; and
Whereas, the City Council of Dubu-
que, Iowa has considered said proposal
and has determined that the proposed
project will contribute to the local economy
through the retention of 41 jobs and the
creation of 17 additional jobs; and
Whereas, the Iowa Department of
Economic Developments Financial Assis-
tance Program was designed to assist in
the economic development efforts of local
jurisdictions; and
Whereas, the City of Dubuque, Iowa is eli-
gible to apply for funding from the Iowa De-
partment of Economic Development Depart-
ment'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 appli-
cation for participation in the Iowa De-
partment of Economic Development's Fi-
nancial Assistance Program on behalf of
Green Industrial Supply, Inc. is hereby
approved.
Section 2. That the local match identified
in the application estimated at $2,977,000
consisting of TIF funding and a land discount
was approved in the Development Agreement
to develop the property in the Dubuque Indus-
trial Center West.
Section 3. That the Mayor is hereby au-
thorized to execute and the City Manager is
hereby directed to submit said application to
the Iowa Department of Economic Develop-
ment together with such documents as may be
required.
Passed, approved, and adopted this 6th
day of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Federal Jobs Access Reverse Commute
(JARC) Grant Application: City Manager rec-
ommending approval of a partnership with the
Regional Transit Authority to apply for a Fed-
eral Job Access Reverse Commute (JARC)
grant to create evening routes that will operate
from 5:30 p.m. to 11:30 p.m. Monday through
Thursday. Upon motion the documents were
received, filed, and approved.
Google Transit: City Manager recommend-
ing approval of a contract with East Central
Intergovernmental Association /Dubuque Met-
ropolitan Area Transportation Agency for the
development of the interface and submission
of General Transit Feed Specifications data for
the Google Maps Transit program. Upon mo-
tion the documents were received, filed, and
approved.
Jeld -Wen, Inc. — Irrevocable License: City
Manager recommending approval of an Irrevo-
cable License with Jeld -Wen, Inc. to construct
a loading dock on the public right -of -way of
Jackson Street between East 7 & East 8th
Streets. Upon motion the documents were
received, filed, and approved.
Sustainable Dubuque — Monthly Project
Status Update: City Manager submitting the
Sustainable Dubuque monthly project status
update for August 2011. Upon motion the doc-
uments were received and filed.
Bee Branch Creek Restoration Project —
Acquisition of 513 E. 22od Street: City Manager
recommending approval to purchase property
located at 513 East 22nd Street owned by Ron
and Sandra Conrad for the appraised value of
$60,000 as part of the acquisition program
associated with the Bee Branch Creek Resto-
ration Project. Upon motion the documents
were received and filed and Resolution No.
291 -11 Approving the acquisition of real estate
owned by Ron and Sandra Conrad in the City
of Dubuque was adopted.
RESOLUTION NO. 291 -11
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY RON AND SANDRA
CONRAD 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 recom-
mended in the 2001 "Drainage Basin Master
Plan;" and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled for acquisition.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
Book 141 Regular Session, September 6, 2011 343
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves the acquisition of the following legal-
ly described property: Southwesterly One -Half
(SW'ly 1/2) of Lot Four (4) in Sanford's Subdi-
vision, in the City of Dubuque, Iowa, according
to the recorded Plat of said subdivision, Coun-
ty of Dubuque, State of Iowa, at the cost of
Sixty Thousand and 00/100 Dollars
($60,000.00).
Section 2. That the City of Dubuque be and
is hereby authorized to accept a Warranty
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
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 is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this
6th day of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Bee Branch Creek Restoration Project —
Acquisition of 515 E. 22od Street: City Manager
recommending approval to purchase property
located at 515 E. 22nd Street owned by Paul
and Helene Hill for the appraised value of
$57,000 as part of the acquisition program
associated with the Bee Branch Creek Resto-
ration Project. Upon motion the documents
were received and filed and Resolution No.
292 -11 Approving the acquisition of real estate
owned by Paul and Helene Hill in the City of
Dubuque was adopted.
RESOLUTION NO. 292 -11
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY PAUL AND HELENE
HILL 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 recom-
mended in the 2001 "Drainage Basin Master
Plan;" and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled 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 legal-
ly described property: Northeasterly One -Half
of Lot 4 in Sanford's Subdivision in the City of
Dubuque, Iowa, according to the recorded Plat
thereof, County of Dubuque, State of Iowa
At the cost of Fifty -Seven Thousand and
00/100 Dollars ($57,000.00).
Section 2. That the City of Dubuque be and
is hereby authorized to accept a Warranty
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
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 is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 6th day
of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Bee Branch Creek Restoration Project —
Acquisition of 316 E. 24th Street: City Manager
recommending approval to purchase property
located at 316 E. 24th Street owned by Melvin
and Theresa Spiegelhalter for the appraised
value of $67,000 as part of the acquisition pro-
gram associated with the Bee Branch Creek
Restoration Project. Upon motion the docu-
ments were received and filed and Resolution
No. 293 -11 Approving the acquisition of real
estate owned by Melvin and Theresa Spiegel -
halter in the City of Dubuque was adopted.
RESOLUTION NO. 293 -11
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY MELVIN AND THERE-
SA SPIEGELHALTER 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 recom-
mended in the 2001 "Drainage Basin Master
Plan;" and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled 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 legal-
ly described property: Lot 1 of Lot 1 of Lot 2 of
Lot 107 in L.H. Langworthy's Addition in the
City of Dubuque, Iowa, according to the rec-
orded plats thereof, County of Dubuque, State
of Iowa.
At the cost of Sixty Seven Thousand and
00/100 Dollars ($67,000.00).
344 Regular Session, September 6, 2011 Book 141
Section 2. That the City of Dubuque be and
is hereby authorized to accept a Warranty
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
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 is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 6th day
of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Bee Branch Creek Restoration Project —
Acquisition of 2422 Washington Street: City
Manager recommending approval to purchase
property located at 2422 Washington Street
owned by Kevin and Colleen Klein for the ap-
praised value of $67,000 as part of the acquisi-
tion program associated with the Bee Branch
Creek Restoration Project. Upon motion the
documents were received and filed and Reso-
lution No. 294 -11 Approving the acquisition of
real estate owned by Kevin and Colleen Klein
in the City of Dubuque was adopted.
RESOLUTION NO. 294 -11
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY KEVIN AND COLLEEN
KLEIN 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 recom-
mended in the 2001 "Drainage Basin Master
Plan;" and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled 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 legal-
ly described property: North '/% of Lot 22 of the
Subdivision of Lots 192, 193, 194 and 195 in
L.H. Langworthy's Addition in the City of
Dubuque, Iowa, (also called O.S. Langworthy's
Subdivision), according to the recorded plats
thereof, County of Dubuque, State of Iowa, At
the cost of Sixty -Seven Thousand and 00/100
Dollars ($67,000.00).
Section 2. That the City of Dubuque be and
is hereby authorized to accept a Warranty
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
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 is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 6th day
of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
2011 Manhole Replacement Project: City
Manager recommending acceptance of the
construction contract for the 2011 Manhole
Replacement Project, as completed by Drew
Cook & Sons Excavating, in the amount of
$35,858. Upon motion the documents were
received and filed and Resolution No. 295 -11
Accepting the 2011 Manhole Replacement
Project and authorizing the payment of the
contract amount to the contractor was adopt-
ed.
RESOLUTION NO. 295 -11
ACCEPTING THE 2011 MANHOLE RE-
PLACEMENT PROJECT AND AUTHORIZ-
ING THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the 2011 Manhole Replacement Project
(the Project) has been completed and the City
Engineer has examined the work and filed a
certificate stating that the Project has been
completed according to the terms of the Public
Improvement Contract and that the City Engi-
neer recommends that the Project be accept-
ed.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City
Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the
Sanitary Sewer Manhole Replacement Capital
Improvement Project appropriation for the con-
tract amount of $35,858.00 less any retained
percentage provided for therein as provided in
Iowa Code chapter 573, and to pay such re-
tainage only in accordance with the provisions
of Iowa Code chapter 573.
Passed, approved and adopted this 6th day
of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Book 141 Regular Session, September 6, 2011 345
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE 2011 MANHOLE RE-
PLACEMENT PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the 2011 Manhole Replacement
Project, that the Project has been performed in
compliance with the terms of the Public Im-
provement Contract, and that the total cost of
the completed work is $38,968.31.
Dated this 31st day of August, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 31St
day of August, 2011.
Kevin S. Firnstahl, Acting City Clerk
North Grandview Estates No. 2: City Man-
ager recommending approval to accept a Quit
claim Deed for the Stormwater detention facili-
ties in North Grandview Estates No. 2. Upon
motion the documents were received and filed
and Resolution No. 296 -11 Accepting convey-
ance of property in North Grandview Estates
No. 2 to the City of Dubuque was adopted.
RESOLUTION NO. 296 -11
ACCEPTING A CONVEYANCE OF PROP-
ERTY IN NORTH GRANDVIEW ESTATES
NO. 2 TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque approved
the final plat of North Grandview Estates No. 2
by Resolution No. 308 -06 dated July 5, 2006,
pursuant to which North Grandview Estates,
LLC agreed to convey Lot 10 and Lot 12 of
North Grandview Estates No. 2 in the City of
Dubuque, Iowa, for detention facilities; and
Whereas, North Grandview Estates, LLC
has executed a conveyance of said property.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Quit Claim Deed from
North Grandview Estates, LLC, copies of
which are attached hereto, as required by Iowa
Code Section 569.7.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Passed, adopted and approved this 6th day
of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Carnegie -Stout Public Library Renovation
Project — Contract No. 6: City Manager rec-
ommending acceptance of the construction
contract for the Carnegie -Stout Public Library
Renovation Project — Contract No. 6, Flooring
and Tiling, as completed by Commercial Floor-
ing Co., in the final contract amount of
$239,598.62. Upon motion the documents
were received and filed and Resolution No.
297 -11 Accepting the Carnegie -Stout Public
Library Renovation Project, Contract No. 6,
Flooring & Tiling, and authorizing the payment
of the contract amount to the contractor was
adopted.
RESOLUTION NO. 297 -11
ACCEPTING THE CARNEGIE -STOUT PUB-
LIC LIBRARY RENOVATION PROJECT,
CONTRACT NO. 6 — FLOORING & TILING
AND AUTHORIZING THE PAYMENT OF THE
CONTRACT AMOUNT TO THE CONTRAC-
TOR
Whereas, the Public Improvement Contract
for the Carnegie -Stout Public Library Renova-
tion Project, Contract No. 6 — Flooring & Tiling
(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 Engi-
neer recommends that the Project be accept-
ed; and
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), Li-
brary Renovation General Funds, Library
Fund - Raising (cash and pledges), Curtis Col-
lection Sale, and Heade Painting Sale appro-
priations for the contract amount of
$239,598.62, less any retained percentage
provided for therein as provided in Iowa Code
chapter 573, and to pay such retainage only in
accordance with the provisions of Iowa Code
chapter 573.
Passed, approved and adopted this 6th day
of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE CARNEGIE -STOUT
PUBLIC LIBRARY RENOVATION PROJECT,
CONTRACT NO. 6 — FLOORING & TILING
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. 6 — Flooring
& Tiling, that the Project has been performed
in compliance with the terms of the Public Im-
provement Contract, and that the total cost of
the completed work is $239,598.62.
Dated this 31st day of August, 2011.
346 Regular Session, September 6, 2011 Book 141
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 31st
day of August, 2011.
Kevin S. Firnstahl, Acting City Clerk
Four Mounds Foundation — Funding Appli-
cation: City Manager recommending City
Council support of an application from the Four
Mounds Foundation to the Community Foun-
dation of Greater Dubuque. Upon motion the
documents were received, filed, and approved.
Westbrook Subdivision Phase I: City Man-
ager recommending approval of an Amend-
ment to the Development Agreement with Cal-
lahan Construction, Inc. to correct the legal
description for Phase I of Westbrook Subdivi-
sion. Upon motion the documents were re-
ceived, filed, and approved.
Kresge Foundation — Advancing Safe and
Healthy Homes for Children and Families Initi-
ative: City Manager recommending approval of
an application to the Kresge Foundation for an
Advancing Safe and Healthy Homes for Chil-
dren and Families Initiative grant for $750,000.
Upon motion the documents were received
and filed and Resolution No. 298 -11 Authoriz-
ing the Mayor to execute an application to the
Kresge Foundation for the Advancing Safe and
Healthy Homes for Children and Families Initi-
ative (ASHHCFI) was adopted.
RESOLUTION NO. 298 -11
AUTHORIZING THE MAYOR TO
EXECUTE AN APPLICATION TO THE
KRESGE FOUNDATION FOR THE ADVANC-
ING SAFE AND HEALTHY HOMES FOR
CHILDREN AND FAMILIES INITIATIVE
(ASHHCFI)
Whereas, the Kresge Foundation has
made funds available for a national funding
opportunity to support innovation and demon-
stration of healthy homes approaches intended
to assist in expanding healthy homes models
throughout the country; and
Whereas, the City of Dubuque proposes to
utilize this program to complement the City's
Green and Healthy Homes Initiative.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1: That the Mayor is hereby au-
thorized and directed to execute an application
to the Kresge Foundation for an Advancing
Safe and Healthy Homes for Children and
Families Initiative grant in the amount of
$750,000.
Section 2: That the City Manager is hereby
authorized and directed to forward said appli-
cation and resulting standard executed con-
tract in a timely fashion and as required by the
Kresge Foundation.
Passed, approved and adopted this 6th
day of September, 2011.
Roy D Buol, Mayor
Attest: Kevin Firnstahl, Acting City
Clerk
Federal Transit Administration: City Man-
ager transmitting correspondence from Cindy
Terwilliger, Deputy Regional Administrator for
the Federal Transit Administration Region VII,
thanking Transportation Director Barbara
Morck and the City for hosting the members of
the Regional VII Livable and Sustainable
Communities Partnership on July 25 -26, 2011.
Upon motion the document was received and
filed.
Government Finance Officers Association:
The City Manager advising that the City of
Dubuque has been awarded its 23rd consecu-
tive Certificate of Achievement for Excellence
in Financial Reporting from the Government
Officers Finance Association. Upon motion the
documents were received and filed.
AmeriCorps — Partners in Learning: City
Manager recommending approval to execute a
grant agreement with the Iowa Commission on
Volunteer Service for the City of Dubuque
AmeriCorps Program. Upon motion the docu-
ments were received, filed, and approved.
Request for Proposal — Camera Documen-
tation Services: City Manager recommending
issuance of a Request for Proposal (RFP) to
seek qualified vendors to provide camera doc-
umentation of construction at the Water and
Resource Recovery Center and to authorize
the City Manager to negotiate a contract with
the recommended vendor. Upon motion the
documents were received, filed, and approved.
Alcohol Compliance — Civil Penalties for
Alcohol License Holders — Panchero's Mexi-
can Grill: City Manager recommending ap-
proval of the Acknowledgement / Settlement
Agreements for a first offense alcohol compli-
ance violation for Panchero's Mexican Grill.
Upon motion the documents were received,
filed, and approved.
Alcohol Compliance — Civil Penalties for
Alcohol License Holders — Shannon's Bar &
Grill: City Manager recommending approval of
the Acknowledgement / Settlement Agree-
ments for a second offense alcohol compli-
ance violation for Shannon's Bar & Grill. Upon
motion the documents were received, filed,
and approved.
Alcohol Compliance — Civil Penalties for
Book 141 Regular Session, September 6, 2011 347
Alcohol License Holders — Red Robin Ameri-
ca's Gourmet Burgers & Spirits: City Manager
recommending approval of the Acknowledge-
ment / Settlement Agreements for a second
offense alcohol compliance violation for Red
Robin America's Gourmet Burgers & Spirits.
Upon motion the documents were received,
filed, and approved.
Signed Contracts: 1) Water Pollution Con-
trol Plant Modifications Project Change Order
No. 10 with Miron Construction Co. 2) Water
Pollution Control Plant Modifications Project
Amendment No. 4 with Strand Associates, Inc.
3) Well Field Electrical Upgrades Project
award of Engineering Services Contract to IIW
Engineers & Surveyors, P.C. including addi-
tional correspondence form Ghassan Halloush
of ALLTRANS, Inc. Upon motion the docu-
ments were received and filed.
Liquor License Refund: Request from Rick
Worcester of Off Minor Bar for a refund on
Beer and Liquor Combination License No.
BW0093628 in the amount of $253.13. Upon
motion the documents were received, filed,
and approved.
Liquor License Applications: City Manager
recommending approval of annual liquor li-
cense renewals as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 299 -11 Granting the issuance of a
Class "C" Beer /Liquor License to the Twisted
Pickle, Grand River Center, Red Robin Burg-
ers, National Mississippi River Museum, Fat
Tuesday's, Crust Italian Kitchen, and Hilton
Garden Inn /Houlihan's; a Class "B" Wine Per-
mit to Wal -Mart Supercenter #2004, Family
Mart, Inc., and Crust Italian Kitchen; a Special
Class "C" Liquor License (5 -Day Special
Event) to the Dubuque County Fine Arts So-
ciety and Riverview Center /Roshek Center; a
Special Class "C" Liquor License (14 -Day
Special Event) to Dubuque County Fine Arts
Society; and Resolution No. 300 -11 Granting
the issuance of a Class "C" Beer Permit to
Family Mart, Phillips 66 /Arby's, and Wal -Mart
Supercenter #2004 were adopted.
RESOLUTION NO. 299 -11
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
nances 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
The Twisted Pickle, LLC, The Twisted
Pickle
+(Sunday /Outdoor Sale), 1689 Elm St.
Platinum Hospitality Group, Grand River
Center +(Sunday Sale), 500 Bell St.
Red Robin International, Inc., Red Robin
Burger
+(Sunday /Outdoor Sale), 2775 N W Arteri-
al
Dubuque Historical Society, National Mis-
sissippi River Museum and Aquarium
+(Sunday /Outdoor), 350 E 3rd St.
Ibrico, Inc., Fat Tuesday's +(Sunday Sale),
1121 University Ave.
Crust, LLC, Crust Italian Kit. & Bar
+(Sunday /Outdoor Sale, 299 Main St.
Dubuque Casino Hotel, LLC, Hilton Gar -
den/Houlihan's (Sunday /Outdoor Sale), 1795
Greyhound Park
CLASS "B" WINE
Wal -Mart Stores, Inc., Wal -Mart Super -
center # 2004, 4200 Dodge St.
Family Mart, Inc., Family Mart, Inc., 3201
Central Ave.
Crust LLC, Crust Italian Kitchen & Bar, 299
Main St.
SPECIAL CLASS "C" LIQUOR LICENSE (5-
DAY SPECIAL EVENT)
Dubuque County Fine Arts, Dubuque
County Fine Arts
+(Sunday /Outdoor Sale) , 225 E. 10th St.
Riverview Center, Riverview Center -
Roshek Center, 700 Locust St.
SPECIAL CLASS "C"
LIQUOR LICENSE
(14 -DAY SPECIAL EVENT)
Dubuque County Fine Arts Society, Dubu-
que County Fine Arts +(Sunday /Outdoor Sale),
225 E. 10th St.
Passed, approved and adopted this 6th
day of September, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 300 -11
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
ined 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
348 Regular Session, September 6, 2011 Book 141
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Beer Permit.
CLASS "C" BEER PERMIT
Family Mart, Inc., Family Mar t +(Sunday
Sales), 3201 Central Ave.
Liberty Station, LLC, Phillips 66 /Arby's
+(Sunday Sale), 10 S. Main St.
Wal -Mart Store, Inc., Wal -Mart Supercent-
er # 2004
+(Sunday Sale), 4200 Dodge St.
Passed, approved and adopted this 6th
day of September, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 7 -0.
Fiscal Year 2012 Budget Amendment No.
1: City Manager recommending setting a pub-
lic hearing on September 19, 2011 on the Fis-
cal Year 2012 Budget Amendment No. 1. Up-
on motion the documents were received and
filed and Resolution No. 301 -11 Setting the
date for the public hearing on Amendment No.
1 to the Fiscal Year 2012 Budget for the City of
Dubuque was adopted setting a public hearing
for a meeting to commence at 6:30 p.m. on
September 19, 2011 in the Historic Federal
Building.
RESOLUTION NO. 301 -11
SETTING THE DATE FOR THE PUBLIC
HEARING ON AMENDMENT NO. 1 TO THE
FISCAL YEAR 2012 BUDGET FOR THE
CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 pro-
vides that the City Council shall set a time and
place for a public hearing on amendments to
the budget and publish notice before the hear-
ing 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 con-
duct a public hearing on proposed Amendment
No. 1 to the Fiscal Year 2012 budget for the
City of Dubuque at the City Council Chambers
at the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, on Monday, Septem-
ber 19, 2011, beginning at 6:30 p.m.
Section 2. That the City Clerk be and is
hereby authorized and directed to publish no-
tice of the public hearing, according to law,
together with the required budget information.
Passed, approved and adopted this 6th
day of September 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
Rose of Dubuque, LP — Development
Agreement: City Manager recommending set-
ting a public hearing for September 19, 2011
on a Development Agreement with the Rose of
Dubuque, LP for a 70 -unit affordable living
facility on Lake Ridge Drive. Upon motion the
documents were received and filed and Reso-
lution No. 302 -11 Fixing the date for a public
hearing of the City Council of the City of
Dubuque, Iowa, on the proposed issuance of
Urban Renewal Tax Increment Revenue Obli-
gations and the execution of a Development
Agreement relating thereto with the Rose of
Dubuque, L.P., and providing for the publica-
tion of notice thereof was adopted setting a
public hearing for a meeting to commence at
6:30 p.m. on September 19, 2011 in the His-
toric Federal Building.
RESOLUTION NO. 302 -11
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE PROPOSED
ISSUANCE OF URBAN RENEWAL TAX IN-
CREMENT REVENUE OBLIGATIONS AND
THE EXECUTION OF A DEVELOPMENT
AGREEMENT RELATING THERETO WITH
THE ROSE OF DUBUQUE, L.P., AND
PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
Whereas, City and The Rose of Dubuque,
L.P. have entered into a Development Agree-
ment, subject to the approval of the City Coun-
cil, 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 inter-
ests of the City to approve the Development
Agreement, with The Rose of Dubuque, L.P.;
and
Whereas, it is deemed necessary and ad-
visable that City should authorize Urban Re-
newal Tax Increment Revenue obligations, as
provided by Chapter 403 of the Code of Iowa,
and to enter into the Development Agreement
relating thereto for the purpose of carrying out
an Urban Renewal Plan as hereinafter de-
scribed; 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
Book 141 Regular Session, September 6, 2011 349
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 Clerk is hereby author-
ized and directed to cause this Resolution and
a notice to be published as prescribed by Iowa
Code Section 403.9 of a public hearing on the
City's intent authorize Urban Renewal Tax
Increment Revenue obligations, to be held on
the 19th day of September, 2011, at 6:30
o'clock p.m. in the City Council Chambers at
the Historic Federal Building, 350 W. 6th St.,
Dubuque, Iowa.
Section 2. The City Council will meet at
said time and place for the purpose of taking
action on the matter of authorizing Urban Re-
newal Tax Increment Revenue obligations and
the execution of the Development Agreement
relating thereto with The Rose of Dubuque,
L.P., the proceeds of which obligations will be
used to carry out certain of the special financ-
ing activities described in the Urban Renewal
Plan for the Lake Ridge Urban Renewal Dis-
trict, consisting of the funding of economic
developments grants to The Rose of Dubuque,
L.P. pursuant to the Development Agreement
under the terms and conditions of said Urban
Renewal Plan. It is expected that the aggre-
gate amount of the Tax Increment Revenue
obligations is approximately $193,550.
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 circula-
tion in said City, said publication to be not less
than four days nor more than twenty days be-
fore 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 sub-
stantially the form attached hereto.
Passed, approved and adopted this 6th day
of August, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Dubuque River Rides, Inc. — Docking
Lease Agreement: City Manager recommend-
ing setting a public hearing for September 19,
2011 on the proposed Docking License
Agreement between the City of Dubuque and
Dubuque River Rides, Inc. Upon motion the
documents were received and filed and Reso-
lution No. 303 -11 Resolution of intent to dis-
pose of an interest in real property by License
A. greeIrentwih Dubuque River Rides Inc. v di dsetting
a pubic hearing for a n rtlig m crrrense at 630 p.m on
S4J6 ibre19,2011 ihe Hiebric FederalBuidhg.
RESOLUTION NO. 303 -11
RESOLUTION OF INTENT TO DISPOSE OF
AN INTEREST IN REAL PROPERTY BY
LICENSE AGREEMENT WITH DUBUQUE
RIVER RIDES, INC.
Whereas, the City of Dubuque, Iowa (City)
is the owner of the real property shown on
Exhibit A attached hereto (the Property); and
Whereas, Dubuque River Rides, Inc. (River
Rides) desires to license the Property for dock-
ing its vessels and other related uses upon the
terms set forth in a Docking License Agree-
ment now on file in the Office of the City Clerk
at City Hall, Dubuque, Iowa, which C provides
among other things for a term of five years;
and
Whereas, the City Council has tentatively
determined that it would be in the best inter-
ests of the City to enter into the Docking Li-
cense Agreement with River Rides.
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 Property by Dock-
ing License Agreement between the City and
Dubuque River Rides.
Section 2. The City Clerk is hereby author-
ized 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
City's intent to dispose of the foregoing -
described real property, to be held on the 19`h
day of September, 2011, at 6:30 o'clock p.m.
at the Historic Federal Building 350 W. 6th St.,
Dubuque, Iowa.
Passed, approved and adopted this 6th day
of September, 2011.
Roy D. Buol, Mayor, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS /COMMISSIONS
Appointments to the following Boards and
Commissions: Zoning Advisory Commission:
One 3 -year term through July 1, 2013 (Vacant
term of Stiles). Applicant: Eugene Bird, 3357
Arrowwood Lane. This appointment was post-
poned subject to the 2012 State of Iowa Gen-
der Balance Law.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
Petition to Vacate — 1900 Block of Garfield
Avenue: Proof of publication on notice of pub-
lic hearing to consider a request by Brian Go-
ranson to vacate a portion of a public alley
abutting 1902, 1912, 1946, 1952, and 1956
350 Regular Session, September 6, 2011 Book 141
Garfield Avenue in the City of Dubuque and
the City Manager recommending approval.
Motion by Lynch to receive and file the docu-
ments and adopt Resolution No. 304 -11 Va-
cating a portion of the public alley abutting
1902, 1912, 1946, 1952, and 1956 Garfield
Avenue; and Resolution No. 305 -11 Disposing
of City interest in Lots 148A, 149A, 150A,
151A and 152A in Ham's Addition in the City of
Dubuque, Dubuque County, Iowa. Seconded
by Jones. Motion carried 7 -0.
RESOLUTION NO. 304 -11
VACATING A PORTION OF THE PUBLIC
ALLEY ABUTTING 1902, 1912, 1946, 1952
AND 1956 GARFIELD AVENUE
Whereas, Brian A. Goranson, Vicki Ann
Dolter, Brandon J. Bass, Joseph W. & Debra
A. Miller, and William D. & Monica S. Meissner
have requested the vacating of a portion of the
public alley abutting 1902, 1912, 1946, 1952,
and 1956 Garfield Avenue; and
Whereas, Buesing and Associates, Inc.
has prepared and submitted to the City Coun-
cil a plat showing the vacated portion of the
public alley abutting 1902, 1912, 1946, 1952,
and 1956 Garfield Avenue and assigned lot
number thereto, which hereinafter shall be
known and described as Lots 148A, 149A,
150A, 151A, and 152A in Ham's Addition in
the City of Dubuque, Dubuque County, Iowa;
and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that the por-
tion of the public alley abutting 1902, 1912,
1946, 1952, and 1956 Garfield Avenue is no
longer required for public use, and vacating of
said portion of the public alley abutting 1902,
1912, 1946, 1952, and 1956 Garfield Avenue,
known as Lots 148A, 149A, 150A, 151A, and
152A in Ham's Addition in the City of Dubu-
que, Dubuque County, Iowa should be ap-
proved.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described
as Lots 148A, 149A, 150A, 151A, and 152A in
Ham's Addition in the City of Dubuque, Iowa,
be and the same is hereby vacated.
Passed, approved and adopted this 6th day
of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 305 -11
DISPOSING OF CITY INTEREST IN LOTS
148A, 149A, 150A, 151A, AND 152A IN
HAM'S ADDITION IN THE CITY OF DUBU-
QUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and pub-
lished notice of time and place of hearing, pub-
fished in the Telegraph Herald, a newspaper of
general circulation published in the City of
Dubuque, Iowa on this 19th day of August,
2011, the City Council of the City of Dubuque,
Iowa met on the 6th day of September, 2011,
at 6:30 p.m. in the Historic Federal Buildinp,
Council Chambers (second floor), 350 West 6
Street, Dubuque, Dubuque County, Iowa to
consider the proposal for the sale of real es-
tate described as:
Lots 148A, 149A, 150A, 151A, and 152A in
Ham's Addition in the City of Dubuque, Dubu-
que County, Iowa
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objec-
tions, oral or written to the proposal to sell
such real estate, except for easement as not-
ed.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque
real property described as Lots 148A, 149A,
150A, 151A, and 152A in Ham's Addition in
the City of Dubuque, Dubuque County, Iowa to
Brian A. Goranson (Lot 152A), Vicki Ann
Dolter (Lot 151A), Brandon J. Bass (Lot 150A),
Joseph W. & Debra A. Miller (Lot 149A), and
William D. & Monica S. Meissner (Lot 148A)
be and the same is hereby approved for the
sums of $200.00 (Lot 148A), $200.00 (Lot
149A), $200.00 (Lot 150A), $100.00 (Lot
151A) and $200.00 (Lot 152A) plus the cost of
platting, publication, and filing fees. Convey-
ance shall be by Quit Claim Deeds.
Section 2 That the Mayor be authorized
and directed to execute Quit Claim Deeds, and
the City Clerk be and is hereby authorized and
directed to deliver said deeds of conveyance
to Brian A. Goranson, Vicki Ann Dolter, Bran-
don J. Bass, Joseph W. & Debra A. Miller, and
William D. & Monica S. Meissner upon receipt
of the purchase price in full.
Section 3. That the City Clerk be and is
hereby authorized and directed to record a
certified copy of this resolution in the offices of
the City Assessor, Dubuque County Recorder
and Dubuque County Auditor.
Passed, approved and adopted this 6th day
of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Sale of Property - 2300 Washington
Street: Proof of publication on notice of public
hearing to consider disposal of City -owned
property at 2300 Washington Street to Habitat
for Humanity and the City Manager recom-
mending approval. Motion by Connors to re-
ceive and file the documents and adopt Reso-
lution No. 306 -11 Approving the sale of real
estate located at 2300 Washington Street, in
Book 141 Regular Session, September 6, 2011 351
the City of Dubuque. Seconded by Braig. Mo-
tion carried 7 -0.
RESOLUTION NO. 306 -11
APPROVING THE SALE OF REAL ESTATE
LOCATED AT 2300 WASHINGTON STREET,
IN THE CITY OF DUBUQUE.
Whereas, the City acquired the property at
2300 Washington Street in connection with the
Bee Branch Creek Re- Alignment Project; and
Whereas, by accepting the selected offer
the City's objective of providing first -time
homeownership to a lower- income buyer can
be realized.
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: Lot 2 of Bee Branch Sub-
division No. 1, in the City of Dubuque, Iowa,
according to the recorded plat thereof, at the
cost of One dollars ($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
Habitat for Humanity for the herein described
real estate.
Section 3. That the City Clerk be and he is
hereby authorized and directed to cause said
Special Warranty Deed to be recorded in the
Office of the Dubuque County Recorder, to-
gether with certified copy of the Resolution.
Section 4. That the City Clerk be and he is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 6th day
of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Sale of Property — 2302 Washington
Street: Proof of publication on notice of public
hearing to consider disposal of City -owned
property at 2302 Washington Street to Habitat
for Humanity and the City Manager recom-
mending approval. Motion by Lynch to receive
and file the documents and adopt Resolution
No. 307 -11 Approving the sale of real estate
located at 2302 Washington Street, in the City
of Dubuque. Seconded by Connors. Motion
carried 7 -0.
RESOLUTION NO. 307 -11
APPROVING THE SALE OF REAL ESTATE
LOCATED AT 2302 WASHINGTON STREET,
IN THE CITY OF DUBUQUE.
Whereas, the City acquired the property at
2302 Washington Street in connection with the
Bee Branch Creek Re- Alignment Project; and
Whereas, by accepting the selected offer
the City's objective of providing first -time
homeownership to a lower- income buyer can
be realized.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque here-
by approves the sale of the following legally -
described property:
Lot 1 of Bee Branch Subdivision No. 1, in
the City of Dubuque, Iowa, according to the
recorded plat thereof
At the cost of One dollars ($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
Habitat for Humanity for the herein described
real estate.
Section 3. That the City Clerk be and he
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 he
is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor
and the Dubuque County Auditor.
Passed, approved and adopted this 6th day
of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
Pump Room Roof Replacement Project
City Manager recommending award of the
construction contract for the Pump Room Roof
Replacement Project to Jim Giese Commercial
Roofing in the amount of $75,433. Motion by
Lynch to receive and file the documents and
adopt Resolution No. 308 -11 Awarding public
improvement contract for Eagle Point Water
Plant Pump Room Roof Replacement Project -
CIP 740 -220. Seconded by Connors. Motion
carried 7 -0.
RESOLUTION 308 -11
AWARDING PUBLIC IMPROVEMENT CON-
TRACT FOR EAGLE POINT WATER PLANT
PUMP ROOM ROOF REPLACEMENT PRO-
JECT - CIP 740 -2206
Whereas, sealed proposals have been
submitted by contractors for the Pump Room
Roof Project (the Project) pursuant to Resolu-
tion No. 279 -11 and Notice to Bidders pub-
lished in a newspaper published in the City of
Dubuque, Iowa on the 4th day of August, 2011.
Whereas, said sealed proposals were
opened and read on the 23rd of August, 2011
352 Regular Session, September 6, 2011 Book 141
and it has been determined that Jim Giese
Commercial Roofing of Dubuque, Iowa with a
bid amount of $75,433.00, is the lowest re-
sponsive, responsible bidder for the Project.
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 Jim Giese Com-
mercial Roofing, and the City Manager is
hereby directed to execute a Public Improve-
ment Contract on behalf of the City of Dubu-
que for the Project.
Passed, approved and adopted this 6th
day of September, 2011.
Roy D Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Creek Wood Park — Timber -Hyrst Place:
City Manager recommending acceptance of
the donation by Marty McNamer of Lot 2 of
Timber -Hyrst Place #2 Subdivision for a mini
park. The Park and Recreation Commission
recommends naming the park Creek Wood
Park as it is located on Creek Wood Drive. It is
recommended that the City Council select
Creek Wood Park as the name for this park.
Motion by Braig to receive and file the docu-
ments, approve the recommended name, and
adopt Resolution No. 309 -11 Accepting the
deed to certain real estate in Dubuque County,
Iowa, from North Cascade Road Developers,
LLC, an Iowa Limited Liability Company. Se-
conded by Jones. Motion carried 7 -0.
RESOLUTION NO. 309 -11
ACCEPTING THE DEED TO CERTAIN REAL
ESTATE IN DUBUQUE COUNTY, IOWA
FROM NORTH CASCADE ROAD DEVEL-
OPERS, LLC, AN IOWA LIMITED LIABILITY
COMPANY
Whereas, North Cascade Road Develop-
ers, LLC desires to make a gift of the following
described real property to the City of Dubuque:
Lot 2 of Timber -Hyrst Place #2 in the City of
Dubuque, Iowa, according to the recorded plat
thereof, subject to easements and restrictions
of record; and
Whereas, the City Council of the City of
Dubuque desires to accept the gift on behalf of
the City.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the
Warranty Deed from North Cascade Road
Developers, LLC, a copy of which is attached
hereto.
2. The City Clerk is hereby authorized and
directed to record this Resolution and the War-
ranty Deed with the Dubuque County Record-
er.
Passed, approved and adopted this 6th day
of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Liberty Subdivision — Approval of Final
Plat: City Manager recommending approval of
the Final Plat for Liberty Subdivision. Motion
by Connors to receive and file the documents
and adopt Resolution No. 310 -11 Authorizing
the approval of the Final Plat of Liberty Subdi-
vision in the City of Dubuque, Iowa. Seconded
by Jones. Responding to questions from City
Council Planning Services Laura Carstens
stated that the street condition will be moni-
tored through the Engineering Department as
with any development. Motion carried 7 -0.
RESOLUTION NO.310 -11
AUTHORIZING THE APPROVAL OF THE
FINAL PLAT OF LIBERTY SUBDIVISION IN
THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a Final Plat of Liberty Subdivision in the
City of Dubuque, Iowa; and
Whereas, upon said final plat appears a
street to be known as Mya Rose Court (Lot A)
and Liberty Avenue (Lot B) together with cer-
tain public utility, and storm sewer easements
and storm water detention facilities (Lot C and
Lot D), which the owner by said final plat has
dedicated to the public forever; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said final plat has been reviewed
by the City Planner and had her approval en-
dorsed thereon; subject to the owner's agree-
ing to the conditions noted in Section 3 below;
and
Whereas, said final plat has been exam-
ined by the City Council and they find that it
conforms to the statutes and ordinances relat-
ing to it, except that streets and public utilities
have not yet been completely constructed or
installed.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Mya Rose
Court (Lot A), Liberty Avenue (Lot B) detention
facilities Lot C and Lot D) and the easements
for public utilities and storm sewer, as they
appear on said final plat, be and the same are
hereby accepted; and
Section 2. That the Final Plat of Liberty
Subdivision is hereby approved by the Mayor
and City Clerk are hereby authorized and di-
rected to endorse the approval of the City of
Dubuque, Iowa, upon said final plat, provided
the owners of said property herein named,
execute their written acceptance hereto at-
Book 141 Regular Session, September 6, 2011 353
tached agreeing:
(a) To reduce Mya Rose Court (Lot A)
to grade and to construct longitudinal sub -
drain, with concrete paving with integral
curb, all in accordance with the City of
Dubuque standard specifications, all in a
manner acceptable to the City Engineer, in
conformance with construction improve-
ment plans approved by the City Engineer,
and inspected by the City Engineer.
(b) To install sanitary sewer main and
sewer service laterals into each individual
lot, water main and water service laterals
into each individual lot, storm sewers and
catch basins, street lighting with all appur-
tenances, and erosion control devices all in
accordance with the City of Dubuque
standard specifications, all in a manner ac-
ceptable to the City Engineer.
(c) To connect storm water facilities to
an approved storm water detention facility
in a manner acceptable to the City Engi-
neer, in accordance with the City of Dubu-
que standard specifications and in accord-
ance with construction improvement plans,
and inspected by the City Engineer.
(d) To construct said improvements,
prior to the two (2) years from the date of
acceptance of this resolution, at the sole
expense of the owners, or future owner.
(e) To maintain the public improve-
ments, for a period of two (2) years from
the date of the acceptance of those im-
provements by the City Council of the City
of Dubuque, Iowa, at the sole final expense
of the owners, or future owner.
And, further provided that said Graceland,
LLC, as owners of said property, shall secure
the performance of the foregoing conditions
provided in this Section by providing guaran-
tees in such form and with such sureties as
may be acceptable to the City Manager of the
City of Dubuque, Iowa.
Section 3. Sidewalk installation shall be the
responsibility of the owner abutting the public
rights -of -way, including lots with multiple
frontages, as required by City Code 10 -1 -2.
Section 4. The maintenance expenses in-
curred by the City of Dubuque for the storm
water detention facilities on Lot C and Lot D
Liberty Subdivision shall be assessed against
the lot owners of Liberty Subdivision, except
the City of Dubuque, as indicated in the final
plat, in equal amounts, and the City Manager
shall certify such costs to the City Clerk, who
in turn shall promptly certify such costs to the
Dubuque County Treasurer, and such costs
shall then be collected with and in the same
manner as general property taxes in accord-
ance with provisions of law.
Section 5. That the final acceptance of the
public improvements shall occur upon certifica-
tion of the City Engineer to the City Council
that the public improvements have been com-
pleted in accordance with the approved im-
provement plans and City standards and spec-
ifications and accepted by City Council Reso-
lution.
Section 6. That in the event Graceland,
LLC, fails to execute the acceptance and fur-
nish the guarantees provided in Sections 2
and 3 hereof within 180 days after the date of
this Resolution, the provisions hereof shall be
null and void and the acceptance of the dedi-
cation and approval the plat shall not be effec-
tive.
Passed, approved and adopted this 6th day
of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Dubuque Initiatives — 3rd Amendment to
Development Agreement: City Manager rec-
ommending approval of a resolution amending
the Development Agreement between the City
of Dubuque and Dubuque Initiatives for the
redevelopment of the Historic Roshek Building.
Motion by Jones to receive and file the docu-
ments and adopt Resolution No. 311 -11 Ap-
proving the Third Amendment to the Roshek
Building Development Agreement. Seconded
by Braig. Motion carried 7 -0.
RESOLUTION NO. 311 -11
APPROVING THE THIRD AMENDMENT TO
THE ROSHEK BUILDING DEVELOPMENT
AGREEMENT
Whereas, a Development Agreement (the
Agreement), dated February 17, 2009, was
entered into by and between the City of Dubu-
que, a municipal corporation of the State of
Iowa (City), and Dubuque Initiatives (Develop-
er); and
Whereas, this Development Agreement
was amended (First Amendment) on April 27,
2009; and
Whereas, this Development Agreement
was amended (Second Amendment) on May
16, 2011; and
Whereas, City and Dubuque Initiatives now
desire to amend the Development Agreement
as set forth attached Third Amendment, and
Whereas, Dubuque Initiatives desires to
use the remaining Federal and State Historic
Tax Credit proceeds to be used for payments
on indebtedness incurred for the redevelop-
ment of the Roshek Building and covered un-
der City's Guaranty.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Third Amendment of
the Dubuque Initiatives Development Agree-
ment is hereby approved.
354 Regular Session, September 6, 2011 Book 141
Section 2. That the Mayor is hereby au-
thorized and directed to execute said Third
Amendment 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 Manager is author-
ized to take such actions as are necessary to
implement the terms of the Third Amendment
as herein approved.
Passed, approved and adopted this 6th day
of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Bee Branch Creek Restoration Project —
Acquisition of 517 E. 22od Street: City Manager
recommending approval to purchase the lot at
517 East 22nd Street as part of the Bee Branch
Creek Restoration Project. Motion by Connors
to receive and file the documents and adopt
Resolution No. 312 -11 Approving the acquisi-
tion of real estate located at 517 E. 22nd
Street, in the City of Dubuque, Iowa. Second-
ed by Braig. Motion carried 7 -0.
RESOLUTION NO. 312 -11
APPROVING THE ACQUISITION OF REAL
ESTATE LOCATED AT 517 E. 22nd STREET,
IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque intends to
acquire certain properties located in the Bee
Branch Creek Re- Alignment area; and
Whereas, an Offer to Buy has been final-
ized with the owner.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa
hereby approves the acquisition of the follow-
ing legally- described property: Lot 5 in San -
ford's Subdivision in the City of Dubuque, Iowa
according to the recorded plat thereof at the
cost of One Hundred Thirty -Seven Thousand
Five Hundred Dollars ($137 500).
Section 2. That the City Clerk be and he is
hereby authorized and directed to cause said
Warranty Deed to be recorded in the Office of
the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 3. That the City Clerk be and he is
hereby authorized and directed to forward a
copy of this Resolution to the Dubuque County
Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 6th day
of September, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Storm Water Fees for Spec Building: City
Manager recommending that Spiegel Family
Realty Company Iowa, LLC not be required to
pay the storm water fee on the spec building in
the Dubuque Industrial Center West until the
property is leased or sold, but no later than
December 1, 2013. Motion by Braig to receive
and file the documents and approve the rec-
ommendation. Seconded by Connors. Motion
carried 7 -0.
Family Self- Sufficiency Program — Request
for Work Session: City Manager requesting a
City Council work session for November 21,
2011 regarding the Family Self- Sufficiency
Program. Motion by Jones to receive and file
the documents and schedule a work session
for November 21, 2011. Seconded by Braig.
Motion carried 7 -0.
National League of Cities (NLC): Corre-
spondence from the National League of Cities
requesting that the City designate a voting
delegate and alternate voting delegate for the
upcoming National League of Cities (NLC)
Annual Business meeting on November 12,
2011. Motion by Connors to receive and file
the information accept the appointment of vot-
ing delegate and that Council Member Sutton
be appointed as the alternate voting delegate.
Seconded by Resnick. Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Braig acknowledged the attendance of Boy
Scout Troup 10 from Nativity School.
Jones stated that he would like staff to ex-
plore expanding the animal control program to
include wild animals as a result of foxes seen
on Indiana Court.
Resnick stated that the community is lucky
have such great institutions of higher learning
as well as public and private schools.
CLOSED SESSION
Motion by Jones to convene in closed ses-
sion at 7:35 p.m. regarding pending litigation
pursuant to Chapter 21.5(1)(c) Code of Iowa.
Seconded by Resnick. Motion carried 7 -0.
Upon motion the City Council reconvened
in open session at 7:44 p.m. stating that staff
had been given proper direction.
There being no further business, upon mo-
tion the City Council adjourned at 7:45 p.m.
/s/Kevin S. Firnstahl
City Clerk
Book 141 Special Session, September 12, 2011 355
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
SPECIAL SESSION
The City Council met in special session at
6:00 p.m. on September 12, 2011 in the His-
toric Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton, City Manager Van Milligen
Absent: City Attorney Lindahl
Mayor Buol read the call and stated this is
a special session of the City Council to con-
duct a work session on Upper Bee Branch
Creek Restoration Project.
WORK SESSION
UPPER BEE BRANCH CREEK
RESTORATION PROJECT
Civil Engineer Deron Muerhing provided
historical information on the Bee Branch Creek
and current project and presented a video pro-
duction related to area flooding. Muerhing in-
troduced representatives from Strand Associ-
ates, Mike Bridwell, and IIW Engineers, Mike
Jansen and Ken Saiki who assisted with the
presentation. Highlights included:
• Creation of the Drainage Basin Master
Plan
• North Fork Catfish Creek Watershed
• NW Arterial Detention Basin
• Bee Branch Creek Watershed
o Carter Road Detention Basin
o West 32od Street Detention Basin
o Open Waterway 16th to 24th
Street
o Bee Branch Creek Alignment
Study
• Bee Branch Creek Restoration Project
o Primary purpose: flood protection
o Secondary purpose: community
asset
o Public meetings and input (com-
mercial district, Lincoln to Rail-
road, 22nd to Lincoln, 24th to
22nd Streets)
o Separated into Phases I (lower)
& II (upper)
o Lower Phase I projects and sug-
gested design elements (plazas
and overlooks)
• Upper Phase II projects and suggested
design elements (railroad property ac-
quisition, bike tunnel, level control facili-
ty and operation, Heritage Trail connec-
tion, bike /walking paths, activity "nodes"
with pedestrian amenities, biofields run-
off treatment, boardwalks, bridges, am-
phitheater, water feature, or-
chard /community garden space, park-
ing, information kiosks, sediment collec-
tion, embankment slide, fish habitat,
overlooks, safety piers, pervious allies
for adjacent property owners, headwa-
ters structure, possible pet amenities,
Construction will take place from down-
stream to upstream with the 24th Street head-
water area constructed last.
Ground restoration is expected to include
bluegrass; prairie grasses; low- maintenance,
low -mow Fescue grass, and a low- volume drip
irrigation system.
Current site plan includes: a trail system,
drinking fountains, lighting, banners, planters,
flags, interpretive project signs, security kiosks
and cameras
Outside funding sources: IJOBS, State Re-
volving Fund, Environmental Protection Agen-
cy, Vision Iowa, Federal Highways Trail, Amer-
ica's River, and ongoing funding searches.
Schedule/timeline for engineering, design
permitting, parcel acquisition, and construction
underway with functionality for Phase II by
spring 2013.
Questions and comments from Council in-
cluded what style of pavement and fixtures are
to be used; concerns about water level control
and rate, path width, shade, reservation of
amphitheater and overlooks for private /public
events; benefits to the Northend neighborhood
and greater community; and incorporation with
Kaufmann Avenue storm sewer. Van Milligen
reiterated that the City Council has designated
the area a Conservation District to preserve
the character of the neighborhood and the
project.
There being no further business upon mo-
tion the City Council adjourned at 8:12 p.m.
/s/Kevin S. Firnstahl
City Clerk
356 Regular Session, September 19, 2011 Book 141
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular
session at 6:30 p.m. on September 19, 2011 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Pro -Tem Sutton, Council
Members Braig, Connors, Jones, Lynch, Res-
nick, Acting City Manager Peck, City Attorney
Lindahl
Absent: Mayor Buol, City Manager Van Mil -
ligen
Mayor Pro -Tem Sutton read the call and
stated this is a regular session of the City
Council to conduct such business that may
properly come before the Council.
Pledge of Allegiance
Invocation was provided by Reverend Eu-
gene Kutsch.
PROCLAMATION
Crop Walk Day (October 2, 2011) was ac-
cepted by Dorothy Krayer, 1205 Park Street.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated with exception to #11 (Request
to Rezone 340 Olympic Heights). Seconded by
Jones. Motion carried 6 -0.
Minutes and Reports Submitted: Arts and
Cultural Affairs Advisory Commission of 7/26;
Cable Community Teleprogramming Commis-
sion of 7/5; City Council proceedings of 9/6
and 9/12; Civil Service Commission of 9/5 and
9/6; Housing Trust Fund Committee of 8/19
and 9/23/10; Human Rights Commission of
7/25; Park and Recreation Advisory Commis-
sion of 8/9; Zoning Advisory Commission of
9/7; Zoning Board of Adjustment of 8/25
Library Board of Trustees Update from
Meeting of August 25, 2011
Proofs of Publication for City Council Pro-
ceedings of August 24 and 24, 2011
Upon motion the documents were received
and filed.
Notice of Claims /Suits: Curt and LuAnn
Callahan for property damage; Lorraine
Lattner for property damage; Sarah Ryan for
property damage; Peter Sweeney for personal
injury. Upon motion the documents were re-
ceived, 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 Com-
munities Assurance Pool: Nichole Bauer for
vehicle damager; Curt Callahan for property
damage; Lorraine Lattner for property damage;
Sarah Ryan for property damage; Charles
Sulcer for vehicle damage; Peter Sweeney for
personal injury; Katy Wethal for property dam-
age; Kim Yoko for personal injury. Upon mo-
tion the documents were received, filed and
concurred.
2011 Justice Assistant Grant (JAG): City
Manager recommending approval to accept
the 2011 Justice Assistance Grant (JAG)
award in the amount of $57,858 from the Ed-
ward Byrne Memorial Assistance Grant pro-
gram and authorize the signing of the award
document and special conditions. Upon motion
the documents were received, filed, and ap-
proved.
Fiscal Year 2011 City Street Financing Re-
port: City Manager recommending approval of
the City of Dubuque's Fiscal Year 2011 City
Street Financing Report. Upon motion the
documents were received and filed and Reso-
lution No. 313 -11 Approving the City of Dubu-
que Fiscal Year 2011 City Street Financing
Report was adopted.
RESOLUTION NO. 313 -11
APPROVING THE CITY OF DUBUQUE FIS-
CAL YEAR 2011 CITY STREET FINANCING
REPORT
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBQUE, IOWA:
Section 1. That the City Street Finance
Report for the period of July 1, 2010, to June
30, 2011, is hereby approved and that the City
Clerk is hereby authorized and directed to file
said report with the Iowa Department of
Transportation.
Passed, approved and adopted this 19th
day of September, 2011
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Manson Road Bridge and Watermain
Emergency Repair: City Manager recommend-
ing emergency repairs to the Manson Road
bridge and watermain and to retain IIW Engi-
neers & Surveyors, PC to provide engineering
Book 141 Regular Session, September 19, 2011 357
consultant services. Upon motion the docu-
ments were received and filed and Resolution
No. 314 -11 Authorizing emergency repairs to
the bridge and watermain on Manson Road
and to retain the services of IIW Engineers &
Surveyors, PC to provide engineering consult-
ant services was adopted.
RESOLUTION NO. 314 -11
AUTHORIZING EMERGENCY REPAIRS TO
THE BRIDGE AND WATERMAIN ON MAN -
SON ROAD AND TO RETAIN THE SER-
VICES OF IIW ENGINEERS & SURVEYORS,
PC TO PROVIDE ENGINEERING CON-
SULTANT SERVICES
Whereas, the Manson Road bridge and
watermain are need of repair due to the July
27 -28, 2011 severe storm event; and
Whereas, Iowa Code § 384.103 provides
that when emergency repair of a public im-
provement is necessary and the delay of ad-
vertising and a public letting might cause seri-
ous loss or injury to the city, the governing
body shall, by resolution, make a finding of the
necessity to institute emergency proceedings
and shall procure a certificate from a compe-
tent registered professional engineer or archi-
tect, not in the regular employ of the city, certi-
fying that emergency repairs are necessary,
and that in that event the governing body may
contract for emergency repairs without holding
a public hearing and advertising for bids; and
Whereas, the City Council finds that the
damaged condition of the watermain and
bridge along Manson Road constitutes an
emergency and that an emergency repair is in
the best interest of public welfare and safety
and the delay of advertising and a public let-
ting might cause serious loss or injury to the
city; and
Whereas, the City has procured a certifi-
cate from IIW Engineers & Surveyors, PC, a
competent professional engineer registered in
the State of Iowa, not in the regular employ of
the City, certifying that emergency repairs to
the bridge and watermain are necessary.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council finds that it is
necessary to institute emergency proceedings
to repair the bridge and watermain along Man-
son Road.
Section 2. The City Manager is hereby au-
thorized to proceed with instituting such emer-
gency repairs as provided by law.
Section 3. The City Council approves that
IIW Engineers & Surveyors, PC be retained to
provide the consultant engineering services for
Manson Road Bridge and Watermain Repairs
Emergency Repair Project.
Passed, adopted and approved this 19th
day of September, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Consent Decree Semiannual Report: City
Manager submitting the Environmental Protec-
tion Agency (EPA) Consent Decree, Septem-
ber 30, 2011 semiannual report. Upon motion
the documents were received and filed.
Bishop Block Subordination: City Manager
recommending approval of the subordination
of the City's mortgage on the Bishop's Block
Building at the request of Mercy Housing, Inc.,
in order to refinance existing indebtedness on
the property. Upon motion the documents
were received, filed, and approved.
Fiscal Year 2011 Consolidated Annual Per-
formance and Evaluation Report (CAPER):
City Manager recommending approval of the
submission to U.S Department of Housing and
Urban Development of the Consolidated An-
nual Performance and Evaluation Report (CA-
PER) for the period of July 1, 2010 through
June 30, 2011. Upon motion the documents
were received and filed and Resolution No.
315 -11 Authorizing the submission of a Con-
solidated Performance and Evaluation Report
(CAPER) for the period commencing July 1,
2010 and concluding June 30, 2011 was
adopted.
RESOLUTION NO. 315 -11
AUTHORIZING THE SUBMISSION OF A
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER) FOR
THE PERIOD COMMENCING JULY 1, 2010
AND CONCLUDING JUNE 30, 2011.
Whereas, the City of Dubuque, Iowa, is an
entitlement grant recipient under the Commu-
nity Development Block Grant (CDBG) Pro-
gram of the U.S. Department of Housing and
Urban Development (HUD); and
Whereas, the City of Dubuque, Iowa was
awarded Community Development Block
Grant Recovery (CDBG -R) funds and Home-
lessness Prevention and Rapid Re- Housing
Program (HPRP) funds in FY 2009; and
Whereas, the CDBG regulations require
that no later than ninety (90) days after the
completion of a program year, each entitle-
ment recipient must submit a performance and
evaluation report, Consolidated Annual Per-
formance and Evaluation Report (CAPER);
and,
Whereas, the City has 1) prepared a CA-
PER for the program year commencing July 1,
2010 and concluding June 30, 2011; 2) pub-
lished notice of availability of the CAPER in the
Telegraph Herald and City of Dubuque website
on August 19,2011; 3) made copies of the
358 Regular Session, September 19, 2011 Book 141
CAPER available for public review at the Car-
negie Stout Public Library, City Hall, Housing
and Community Development Department and
City of Dubuque website; 4) held a public hear-
ing pursuant to published notice before the
Community Development Advisory Commis-
sion on September 7, 2011; and
Whereas, the Community Development
Advisory Commission has voted to approve
the CAPER and to recommend City Council
approval.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Consolidated Annual
Performance and Evaluation Report (CAPER)
for the period commencing July 1, 2010 and
concluding June 30, 2011 is hereby approved
for submission.
Section 2. That the Mayor of the City of
Dubuque is hereby authorized and directed to
execute the Consolidated Annual Performance
and Evaluation Report (CAPER) on behalf of
the City of Dubuque, Iowa.
Section 3. That the City Manager is hereby
authorized and directed to submit the Consoli-
dated Annual Performance and Evaluation
Report (CAPER) to the U.S. Department of
Housing and Urban Development.
Passed, approved and adopted this 19th
day of September, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin Firnstahl, City Clerk
PEG Capital Grant Expenditure Requests:
City Manager recommending approval of a
request from the City of Dubuque for up to
$37,500 for two 60- terabyte servers to provide
storage and back up of the media files gener-
ated by the Cable TV Division and from Me-
diacom for up to $23,500 to replace and up-
grade the equipment in the public access stu-
dio. Upon motion the documents were re-
ceived, filed, and approved.
Final Plat — Pine View Subdivision: Zoning
Advisory Commission recommending approval
of the Final Plat for Pine View Subdivision
(12724 Pine View Drive) as requested by John
Sibley. Upon motion the documents were re-
ceived and filed and Resolution No. 316 -11
Approving the Final Plat of Pine View Subdivi-
sion in Dubuque County, Iowa, was adopted.
RESOLUTION NO.316 -11
APPROVING THE FINAL PLAT OF PINE
VIEW SUBDIVISION IN DUBUQUE COUNTY,
IOWA.
Whereas, there has been filed with the City
Clerk the Final Plat of Pine View Subdivision in
Dubuque County, Iowa; and
Whereas, said Final Plat provides 40 feet
of frontage for Lot 2 on a public or private
street, where 50 feet is required by Section 11-
14 of Title 16 of the Dubuque County Code of
Ordinances, Unified Development Code; and
Whereas, said Final Plat has been exam-
ined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said Final Plat has been exam-
ined by the City Council and they find that it
conforms to the statues and ordinances relat-
ing to it.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE DUBUQUE
COUNTY, IOWA:
Section 1. That Section 11 -14 of Title 16 of
the City of Dubuque Code of Ordinances, Uni-
fied Development Code, is waived to allow 40
feet of frontage on a public or private street for
Lot 2.
Section 2. That the Final Plat of Pine View
Subdivision is hereby approved and the Mayor
and City Clerk are hereby authorized and di-
rected to endorse the approval of the City of
Dubuque, Iowa upon said Final Plat.
Passed, approved and adopted this 19th
day of September 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Plat of Survey — Olympic Heights: Zoning
Advisory Commission recommending approval
of the Plat of Survey of Gillespie's Third Addi-
tion (340 Olympic Heights) as submitted by
Allen Weber. Upon motion this item was re-
moved from the agenda.
Plat of Survey — Asbury Plaza No. 16: Zon-
ing Advisory Commission recommending ap-
proval of the Plat of Survey for Asbury Plaza
No. 16 (Asbury Drive) as submitted by Dave
Schneider. Upon motion the documents were
received and filed and Resolution No. 317 -11
Approving the Plat of Survey for Asbury Plaza
No. 16 in City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 317 -11
APPROVING THE PLAT OF SURVEY AS-
BURY PLAZA NO. 16 IN CITY OF DUBU-
QUE, IOWA
Whereas, there has been filed with the City
Clerk a Plat of Survey Asbury Plaza No. 16 in
the city of Dubuque, Iowa ; and
Whereas, said Plat of Survey provides 0
feet of frontage for Lot 2 on a public or ap-
proved private street, where street frontage is
required by Section 11 -14 of Title 16 of the
City of Dubuque Code of Ordinances, Unified
Development Code; and
Whereas, said Plat of Survey has been ex-
amined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been ex-
amined by the City Council and they find that it
Book 141 Regular Session, September 19, 2011 359
conforms to the statutes and ordinances relat-
ing thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11 -14 of Title
16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow
0 feet of frontage on a public street or an ap-
proved private street for Lot 2.
Section 2. That the Plat of Survey As-
bury Plaza No. 16 is hereby approved and the
Mayor and City Clerk are hereby authorized
and directed to endorse the approval of the
City of Dubuque, Iowa upon said Plat of Sur-
vey.
Passed, approved and adopted this 19th
day of September 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Setting Fees for Memorial Benches in Var-
ious City Areas: City Manager recommending
approval to set the cost of sponsorship of a
bench at $2,000 for community parks and high
service /impact areas such as the Bee Branch
and Historic Millwork District, and $1,600 for
mini and neighborhood parks and trails. Upon
motion the documents were received, filed,
and approved.
Collective Bargaining - International Union
of Operating Engineers Local No. 234
Amendment to Agreement: City Manager rec-
ommending approval of the annual amend-
ment for full -time Public Safety Dispatchers to
have a schedule of ten hours per day and four
days per week effective October 1, 2011
through September 30, 2012. Upon motion the
documents were received, filed, and approved.
Civil Service Commission: Civil Service
Commission submitting the Certified Lists for
the positions of Lead Public Safety Dispatcher,
Mechanic, Sanitation Driver, and Police Of-
ficer. Upon motion the documents were re-
ceived, filed and made a Matter of Record.
July 6, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Lead Public Safety Dispatcher was adminis-
tered on June 21, 2011. We hereby certify
that the individuals listed below have passed
this written examination and the vacancy for
this position should be made from this list and
that this list is good for two (2) years from
above date.
LEAD PUBLIC SAFETY DISPATCHER
44. Mark Meyer
45. Angela Jones
46. Julie Rooney
47. Brenda Hernandez
48. Jessica George
Respectfully submitted,
Daniel White
Jim Schilling
Betty Takes
Civil Service Commission
July 6, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Mechanic was administered on June 28,
2011. We hereby certify that the individuals
listed below have passed this written examina-
tion and the vacancy for this position should be
made from this list and that this list is good for
two (2) years from above date.
MECHANIC
1. Mark Conner
2. Chad Schneider
3. Cary Gentz
4. Charles Klein
5. Francis Thomas
6. Patrick Herrig
7. Steven Christ
8. John Greenwood
9. Jay Valentine
10. Kenneth Klinkhammer
11. Russell Duve
12. Robert Moyer
13. Luke Hartmann
14. Thomas Spoerl
15. Jacob Connor
16. Tracy Gerhard
17. Ricky Dickerson
18. Dennis Schmid
19. Steve Schulz
20. Michael Frommelt
21. Robert Hall
22. Brian Kelly
23. Brian Wessels
24. Ben Ginter
25. John Smith
Jared Kueter
Respectfully submitted,
Daniel White
Jim Schilling
Betty Takes
Civil Service Commission
July 6, 2011
360 Regular Session, September 19, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Sanitation Driver was administered on May
10, 2011. We hereby certify that the individu-
als listed below have passed this written ex-
amination and the vacancy for this position
should be made from this list and that this list
is good for two (2) years from above date.
SANITATION DRIVER
1. Albert Stuart
2. Rodney Weires
3. Adam Kruser
4. Corey Leach
5. Mark Pottebaum
6. Kevin Hammond
7. Nathan Miller
8. Greg Schuckert
9. Richard Asbell
10. Mason Birch
11. Patrick Donovan
12. Brian Kelly
13. Jacob Leyten
14. James Lindecker
15. John Shepherd
16. Jay Valentine
17. Nicholas Connolly
18. William Hefel
19. Dawson Williams
20. Vincent Jellison
21. Kenneth Klinkhammer
22. Rodney Kretz
23. Shawn Perkins
24. Terry Dunkel
25. Brian Heim
26. Timothy Lawler
27. Michael Pottebaum
28. Shawn Thomas, Jr.
29. Andrew Bertsch
30. Michael Conner
31. Robert Harjehausen
32. Chris Quinones
33. Ryan Revenig
34. Neal Sweeney
35. Shaun Gilligan
36. David Healey
37. Robert Kenneally, Jr.
38. Neil Scott
39. Charles Wehrspann
40. Jason DeMaio
41. Steve Dunne
42. John Hennings
43. Jeremy Hubanks
44. Kenneth Miller
45. Steven Viertel
Respectfully submitted,
Daniel White
Jim Schilling
Betty Takes
Book 141
Civil Service Commission
July 6, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Police Officer was administered on March
12, 2011. We hereby certify that the individu-
als listed below have passed this written ex-
amination and the vacancy for this position
should be made from this list and that this list
is good until May 6, 2012.
POLICE OFFICER
1. Jeffrey George
2. Anthony Dalsing
3. Danielle McNally
4. Lauren Blum
5. Keith Varner
6. Richard Fullmer
7. Sara McDonough
8. Jay Murray
9. Mark Beasley
10. Isaiah Hoff
11. Garrett Bisinger
12. Josh Lawler
13. Matthew Drosopoulos
14. AndrewGillip
15. Austin Weitz
16. Adam McKay
17. Thomas Ammon
18. MatthewTauke
19. Brian Pelock
20. Albert Williams
21. Adam Schmerbach
22. Cole Hedrick
23. Billy Dieujuste
24. Mitchell Ottenhausen
25. Jeremy Vondal
26. Dennis Larson
27. Michael Arthur
28. Jase Guetter
29. Cale Loewen
30. Ben Watts
Respectfully submitted,
Daniel White
Jim Schilling
Betty Takes
Civil Service Commission
Tri -State Business Times- Rising Stars:
City Manager transmitting information from the
Tri -State Business Times featuring Assistant
Economic Development Director Aaron
DeJong as one of eight rising stars of the tri-
state business world. Upon motion the docu-
ment was received and filed.
Book 141 Regular Session, September 19, 2011 361
U.S. Department of Housing and Urban
Development (HUD): Communication from
Director Michelle Miller, Programs Division
Director for the U.S. Department of Housing
and Urban Development informing the City
that it's Green and Healthy Homes and Lead
Hazard Control program's overall performance
is outstanding. Upon motion the documents
were received and filed.
Federal Emergency Management Agency
(FEMA): Correspondence from Sandra Knight,
Deputy Federal Insurance and Mitigation Ad-
ministrator for the Federal Emergency Man-
agement Agency (FEMA) advising that the City
has until October 18, 2011 to adopt and have
the Department of Homeland Security's Fed-
eral Emergency Management Agency (FEMA)
Regional Office approve floodplain manage-
ment measures that satisfy 44 Code of Federal
Regulations (CFR) Section 60.3(d) of the Na-
tional Flood Insurance Program (NFIP) regula-
tions. Upon motion the documents were re-
ceived, filed and referred to the City Manager.
Sustainable Dubuque: City Manager rec-
ommending purchase of Sustainable Dubuque
promotional items for use at the Growing Sus-
tainable Communities conference and for
community activities. Upon motion the docu-
ments were received, filed, and approved.
City of Dubuque Code of Ordinances —
Supplement No. 5: City Manager recommend-
ing adoption of Supplement No. 5 to the City of
Dubuque Code of Ordinances. Upon motion
the documents were received and filed and
Resolution No. 318 -11 Adopting Supplement
No. 5 to the Code of Ordinances of the City of
Dubuque, Iowa, was adopted.
RESOLUTION NO. 318 -12
ADOPTING SUPPLEMENT NO. 5 TO THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, under date of August 17,
2009, the City Council, pursuant to Ordinance
No. 43 -09, readopted the Code of Ordinances
of the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009 the
City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the
Code of Ordinances and said amendments
have been printed as supplements to the Code
of Ordinances; and
Whereas, Section 380.8 of the Code
of Iowa provides that supplements, by resolu-
tion, become part of the Code of Ordinances.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Supplement No. 5 of
the Code of Ordinances of the City of Dubu-
que, Iowa, covering Ordinances 31 -11 and 35-
11 passed by Council and enacted through
August 30, 2011, prepared by the Sterling
Codifiers, Inc., and filed in the Office of the
City Clerk of the City of Dubuque, Iowa is
hereby adopted and becomes part of the Code
of Ordinances of the City of Dubuque, Iowa.
Passed, approved and adopted this
19th day of September, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Housing Trust Fund Committee: Housing
Commission recommending approval of the
appointment of Dorothy Schwendinger as the
Commission's representative to the Housing
Trust Fund Committee. Upon motion the doc-
uments were received, filed, and approved.
Dubuque Metropolitan Area Transportation
Study (DMATS): City Manager transmitting a
letter of support for the Dubuque Metropolitan
Area Transportation Study (DMATS) for a Sus-
tainable Communities Regional Planning grant
to the U.S. Department of Housing and Urban
Development (HUD). Upon motion the docu-
ments were received and filed.
Alcohol Compliance — Civil Penalties for
Alcohol License Holders — Casey's #2421: City
Manager recommending approval of the Alco-
hol Compliance Settlement Agreement with
Casey's General Store #2421. Upon motion
the documents were received, filed, and ap-
proved.
Alcohol Compliance — Civil Penalties for
Alcohol License Holders — Hilton Garden Inn /
Houlihan's Restaurant: City Manager recom-
mending approval of the Alcohol Compliance
Settlement Agreement with Hilton Garden Inn /
Houlihan's Restaurant Upon motion the doc-
uments were received, filed, and approved.
Alcohol Compliance — Civil Penalties for
Alcohol License Holders — Instant Replay: City
Manager recommending approval of the Alco-
hol Compliance Settlement Agreement with
Instant Replay. Upon motion the documents
were received, filed, and approved.
Alcohol Compliance — Civil Penalties for
Alcohol License Holders — Murph's South End
Tap: City Manager recommending approval of
the Alcohol Compliance Settlement Agreement
with Murph's South End Tap. Upon motion the
documents were received, filed, and approved.
Tobacco Compliance — Civil Penalties for
Tobacco License Holders — Casey's Store
362 Regular Session, September 19, 2011 Book 141
#2421: City Manager recommending approval
of the Tobacco Compliance Settlement
Agreement with Casey's General Store #2421.
Upon motion the documents were received,
filed, and approved.
Tobacco Compliance — Civil Penalties for
Tobacco License Holders — Kwik Star #495:
City Manager recommending approval of the
Tobacco Compliance Settlement Agreement
with Kwik Star #495. Upon motion the docu-
ments were received, filed, and approved.
Liquor License Refund: Request by Rick
Worcester of the Lift Bar requesting a refund
on Beer and Liquor Combination License No.
LC0037590 in the amount of $633.75. Upon
motion the documents were received, filed,
and approved.
Signed Contracts: A) Port of Dubuque
Ramp Repairs — RAM Change Order; B)
Dubuque Community School District agree-
ment with Jule Transportation; C) Water Pollu-
tion Control Plant Modifications Project con-
tract with Terracon Consultants for site investi-
gation services. Upon motion the documents
were received and filed.
Liquor License Applications: City Manager
recommending approval of annual liquor li-
cense renewals as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 319 -11 Granting the issuance of a
Class "C" Beer /Liquor License to Happy's
Place, the Grand Tap, Manna Java World Ca-
f�, Angie's Bar, and The District; a Class "B"
Wine License to Eagle Country Market; and
Resolution No. 320 -11 Granting the issuance
of a Class "C" Beer Permit to Eagle Country
Market were adopted.
RESOLUTION NO. 319 -12
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
nances 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
P.M.S.T. Inc., Happy's Place +(Sunday
Sale), 2323 Rockdale Rd.
James /Janet Kohl, The Grand Tap
+(Sunday Sale), 802 Central Ave.
Manna Java World Cafe LLC, Manna Java
World Cafe +(Sunday Sale), 700 Locust St.
Angela Mangeno, Angie's Bar +(Sunday
Sale), 1401 Elm St.
The District, Inc., The District +(Sunday
Sale), 1700 Central
CLASS "B" WINE
Downtown Eagle, Inc., Eagle Country Mar-
ket, 1800 Elm St.
Passed, approved and adopted this 19th
day of September, 2011
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 320 -12
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
ined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Beer Permit.
CLASS "C" BEER PERMIT
Downtown Eagle, Inc., Eagle Country Mar-
ket +(Sunday Sale), 1800 Elm St.
Passed, approved and adopted this 19th
day of September, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Connors to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Braig. Motion carried 6 -0.
Dubuque Regional Airport — Conservation
Easement: City Manager recommending set-
ting a public hearing for October 3, 2011 to
consider disposal of an interest in City -owned
property as set forth in the Declaration of Con-
servation Covenants and Restrictions Conser-
vation Easement on the specified property at
the Dubuque Regional Airport. Upon motion
the documents were received and filed and
Resolution No. 321 -11 Resolution of intent to
dispose of an interest in City of Dubuque real
estate and fixing the date for a public hearing
Book 141 Regular Session, September 19, 2011 363
of the City Council of the City of Dubuque,
Iowa, on the proposed disposition of City
owned - property in the form of a Declaration of
Conservation Covenants and Restrictions 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 October
3, 2011 in the Historic Federal Building.
RESOLUTION NO. 321 -11
INTENT TO DISPOSE OF AN INTEREST IN
CITY OF DUBUQUE REAL ESTATE AND
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE PROPOSED
DISPOSITION OF CITY OWNED PROPERTY
IN THE FORM OF A DECLARATION OF
CONSERVATION COVENANTS AND RE-
STRICTIONS AND PROVIDING FOR THE
PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City)
is the owner of the real property described in
the attached Declaration of Conservation Cov-
enants and Restrictions; and
Whereas, the City Council has determined
that it would be in the best interests of the City
to restrict the use of the property described in
the Declaration of Conservation Covenants
and Restrictions.
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 an interest in the foregoing -
described Property as described in the at-
tached Declaration of Conservation Covenants
and Restrictions.
Section 2. The City Clerk is hereby author-
ized 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
City's intent to dispose of the foregoing -
described Property, to be held on the 3rd day
of October, 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 City Clerk is hereby di-
rected to cause at least one publication to be
made of a notice of said meeting, in a news-
paper, 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.
Passed, approved and adopted this 19th
day of September, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
newspaper the 23rd day of September, 2012.
/s /Kevin S. Firnstahl, City Clerk
BOARDS /COMMISSIONS
Applicants were invited to address the City
Council regarding their desire to serve on the
following Boards /Commissions: Civic Center
Commission: One 3 -year term through June,
29, 2013 (vacant term of Fields). Applicant:
Jody Willenborg, 3497 Hillcrest Road, #2. Ms.
Willenborg spoke in support of her appoint-
ment.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
Request to Rezone — 3400 Block of
Keymont Drive: Request from Tom Thompson
to rezone property located at 3400 Keymont
Drive from R -2 Two - Family Residential District
to R -3 Moderate Density Multi - Family Residen-
tial District and the Zoning Advisory Commis-
sion recommending approval. Motion by Con-
nors to receive and file the documents and that
the requirement that a proposed ordinance be
considered and voted on for passage at two
Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by
Jones. Charles Daoud, 396 Moore Heights,
spoke in support of the proposed ordinance.
Planning Services Manager Laura Carstens
provided a staff report. Responding to ques-
tions from City Council, Zoning Advisory
Commission Chairperson Charles Miller, Mr.
Daoud and Ms. Carstens addressed sustaina-
bility elements, security and ownership issues.
Motion carried 6 -0.
Motion by Connors for final consideration
and passage of Ordinance No. 44 -11 Amend-
ing Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by
reag hathefter deed propery bead in to 3400
bbd <dKeymotDrvefrcmR- 2T AoFamiy'R IL1lidb
R-3 Mcdetate DerslyMkFaiijRBIDishttSeconded
byJcnes. Motion caned6O
OFFICIAL PUBLICATION
ORDINANCE NO. 44 -11
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED IN THE 3400 BLOCK
OF KEYMONT DRIVE FROM R -2 TWO -
FAMILY RESIDENTIAL DISTRICT TO R -3
MODERATE DENSITY MULTI - FAMILY RES-
IDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
364 Regular Session, September 19, 2011 Book 141
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter - described property from
R -2 Two - Family Residential District to R -3
Moderate Density Multi - Family Residential
District, to wit:
As shown in Exhibit A, and to the center-
line 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 Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 19th
day of September, 2011.
/s /Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph - Herald
newspaper on the 23rd day of September,
2011.
/s /Kevin S. Firnstahl, City Clerk
Request to Rezone — 3485 Windsor Ave-
nue: Request from William Peterson Architects
to amend the Padre Pio Healthcare Center
Institutional District to allow construction of a
four -story nursing addition and a one -story
therapy center and the Zoning Advisory Com-
mission recommending approval. Motion by
Lynch to receive and file the documents and
that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Connors. Planning Ser-
vices Manager Laura Carstens provided a staff
report. Responding to questions from City
Council, the architect stated that parking will
still meet requirements and a generator -
powered elevator is planned for emergency
situations. Motion carried 6 -0.
Motion by Lynch for final consideration and
passage of Ordinance No. 45 -11 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, rescind-
ing Ordinance 66 -95, and approving an
amended Campus Development Plan for Pa-
dre Pio Health Care Center Institutional District
for a new four -story nursing addition and a
one -story therapy addition. Seconded by Con-
nors. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 45 -11
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, RESCINDING
ORDINANCE 66 -95, AND APPROVING AN
AMENDED CAMPUS DEVELOPMENT PLAN
FOR PADRE PIO HEALTH CARE CENTER
INSTITUTIONAL DISTRICT FOR A NEW
FOUR -STORY NURSING ADDITION AND A
ONE -STORY THERAPY ADDITION.
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 Devel-
opment Code and rescind Ordinance No. 66-
95 and adopting a revised campus develop-
ment plan for a new nursing and therapy addi-
tions for the Padre Pio Health Care Center
Institutional District for the following property,
to wit:
Lot 1 and Lot 2 of Stonehill Communi-
ty Subdivision No. 2, and to the cen-
terline of the adjoining public right -of-
way, all in the City of Dubuque, Iowa.
Section 2. That in order to accomplish the
purposes of the ID Institutional district and of
the Zoning Ordinance, the above - described
property is subject to the following conditions
and restrictions:
A. Use Regulations
The following regulations shall
apply to all uses made of land in
the above - described ID Institu-
tional District:
7. Principal permitted uses
shall be limited to the follow-
ing:
a. Nursing or conva-
lescent homes.
b. Residential care fa-
cilities.
c. Multi- family dwell -
ings for the housing
of institutional resi-
dents or affiliates.
d. Offices for adminis-
trative personnel or
other institutional
employees and af-
filiates.
e. Off - street parking
and loading.
8. Conditional use shall be
regulated by Section 5 -22.2
of the Unified Development
Code.
9. Accessory uses shall be
regulated by Section 5 -22.3
of the Unified Development
Code.
O. Lot and Bulk Regulations
Development of land in the ID In-
stitutional District shall be regu-
lated as follows:
Book 141 Regular Session, September 19, 2011 365
7. That the proposed nursing
and therapy additions shall
be located in substantial
conformance with the at-
tached amended conceptual
development plan.
8. A maximum height of 50 feet
shall be allowed for call
campus buildings.
9. That all previously- approved
campus development plans
are hereby superseded to al-
low for the attached devel-
opment plan.
P. Site Development Standards
The site development standards
for this ID Institutional District
shall be established as follows:
10. Site plans shall be submitted
in compliance with Section
12 Site Plans of the Unified
Development Code.
11. New outdoor lighting shall
comply with Section 13 -3.1
Site Lighting of the Unified
Development Code.
12. That storm water from new
facilities shall comply with
Section 13 -3.3 Storm Water
Management of the Unified
Development Code.
13. Landscaping and screening
requirements shall be estab-
lished in accordance with
the requirements of Section
13 -4.4 of the Unified Devel-
opment Code.
14. Trash enclosures shall com-
ply with Section 13 -4.9 Exte-
rior Trash Collection Areas
of the Unified Development
Code.
Q. Sign Regulations
The sign regulations shall be the
same as that which are allowed
for ID Districts in Section 15-
11.13 of the Unified Develop-
ment Code of the City of Dubu-
que, Iowa.
R. Parking Standards
The off - street parking require-
ment for the principal permitted
uses for the herein described ID
Institutional District shall be regu-
lated as follows:
7. That new off - street parking
spaces shall be designed
and constructed in compli-
ance with Section 13 -3.5
Parking Lot Layout of the
Unified Development Code.
8. Any significant expansion or
reduction in the number of
off - street parking spaces
must be reviewed by Plan-
ning Services staff for com-
pliance with the adopted
Padre Pio Health Center In-
stitutional District.
S. Transfer of Ownership
Transfer of ownership or lease of
property in this ID Institutional
District shall include the transfer
or lease agreement, the provi-
sion that the purchaser or leasee
acknowledges awareness of the
conditionals authorizing the es-
tablishment of this district.
T. Modifications
Any modifications of this Ordi-
nance must be approved by the
City council in accordance with
zoning reclassification proceed-
ings of Section 9 -5 of the Unified
Development Code.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, lo-
wa.
Section 4. This Ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 19th
day of September, 2011.
/s /Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph - Herald
newspaper on the 23rd day of September,
2011.
/s /Kevin S. Firnstahl, City Clerk
Unified Development Code: City of Dubu-
que: Request from the City of Dubuque to
amend Section 6 -4 Flood Hazard Overlay of
the Unified Development Code and the Zoning
Advisory Commission recommending approv-
al. 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. Planning Ser-
vices Manager Laura Carstens provided a staff
report. Motion carried 6 -0.
Motion by Jones for final consideration and
passage of Ordinance No. 46 -11 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by repeal-
ing Section 6 -4 Flood Hazard Overlay District
and enacting a new Section 6 -4 Flood Hazard
Overlay District to comply with National Flood
Insurance Program Requirements. Seconded
by Braig. Motion carried 6 -0.
366 Regular Session, September 19, 2011 Book 141
OFFICIAL PUBLICATION
ORDINANCE NO. 46 -11
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY REPEAL-
ING SECTION 6-4 FLOOD HAZARD OVER-
LAY DISTRICT AND ENACTING A NEW
SECTION 6-4 FLOOD HAZARD OVERLAY
DISTRICT TO COMPLY WITH NATIONAL
FLOOD INSURANCE PROGRAM RE-
QUIREMENTS.
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 Devel-
opment Code, be amended by repealing Sec-
tion 6 -4 and enacting a new Section 6 -4 Flood
Hazard Overlay Districts, as follows:
6 -4 Flood Hazard Overlay Districts
6 -4.1 - Purpose
The provisions of the Flood Hazard Over-
lay Districts are intended to promote the public
health, safety, and general welfare and to min-
imize the extent of floods and the losses in-
curred in flood hazard areas. The regulations
of this Section are designed to:
A. Restrict or prohibit uses which are
dangerous to health, safety, or property in
times of flooding or cause undue increases
in flood heights or velocities;
B. Require that uses vulnerable to
floods, including public facilities which
serve such uses, be provided with flood
protection at the time of initial construction;
C. Protect individuals from buying lands
which are unsuited for intended purposes
because of flood hazard; and
D. Assure that eligibility is maintained
for property owners in the City to purchase
flood insurance in the National Flood In-
surance Program.
6 -4.2 - Lands to Which Regulations Apply
This section shall apply to all lands within
the jurisdiction of the City shown on the Official
Zoning Map as being within the boundaries of
the 100 -year floodplain.
6 -4.3 - Establishment of Official Floodplain
Zoning Map
The official floodplain zoning map, together
with all explanatory matter thereon and is
hereby adopted by reference and declared to
be a part of this Code. The Official Zoning Map
bears the signature of the Mayor attested by
the City Clerk and shall be on file in the office
of the Planning Services Department. The
Flood Insurance Rate Map (FIRM) for Dubu-
que County and incorporated areas, City of
Dubuque, Panels 19061CO215E, 0217D,
0220E, 0236E, 0237E, 0238E, 0239E, 0241 E,
0242E, 0243E, 0244E, 0330E, 0332E, 0335E,
0351 E, 0352E, 0354E, 0356E, 0358E, 00360E
dated October 18, 2011, which were prepared
as part of the Flood Insurance Study for Dubu-
que County, are hereby adopted by reference
and declared to be the Official Floodplain Zon-
ing Map. The flood profiles and all explanatory
material contained with the Flood Insurance
Study are also declared to be a part of this
ordinance.
6 -4.4 - Rules for Interpretation of District
Boundaries
The boundaries of the zoning district shall
be determined by scaling distances on the
official floodplain zoning map. Where interpre-
tation is needed as to the exact location of the
boundaries of the district as shown on the Offi-
cial Zoning Map, the City Planner shall make
the necessary interpretation. The person con-
testing the location of the district boundary
shall be given a reasonable opportunity to pre -
sent their case and submit technical evidence.
6 -4.5 - Compliance
No structure or land shall hereafter be
used and no structure shall be located, ex-
tended, converted or structurally altered to
cause a substantial improvement without full
compliance with the terms of this Code and
other applicable regulations which apply to
uses within the jurisdiction of this Code. Exist-
ing structures which suffer substantial damage
shall also be required to meet full compliance
with the terms of this Code should the dam-
aged structure be repaired or rebuilt.
6 -4.6 - Abrogation and Greater Restrictions
It is not intended by this Code to repeal,
abrogate or impair any existing easements,
covenants, or deed restrictions. However,
where this Code imposes greater restrictions,
the provisions of this Code shall prevail. All
other ordinances inconsistent with this Code
are hereby repealed to the extent of the incon-
sistency only.
6 -4.7 - Interpretation
In their interpretation and application, the
provisions of this Code shall be held to be min-
imum requirements and shall be liberally con-
strued in favor of the governing body and shall
not be deemed a limitation or repeal of any
other powers granted by state statutes.
6 -4.8 - Warning and Liability Disclaimer
The degree of flood protection required by
this Code is considered reasonable for regula-
tory purposes and is based on engineering
and scientific methods of study. Larger floods
may occur on rare occasions. Flood heights
may be increased by manmade or natural
causes, such as ice jams and bridge openings
restricted by debris. This Code does not imply
that areas outside the flood plain districts or
land uses permitted within such districts will be
free from flooding or flood damages. This
Code shall not create liability on the part of the
City or any officer or employee thereof for any
Book 141 Regular Session, September 19, 2011 367
flood damages that result from reliance on this
Code or any administrative decision lawfully
made thereunder.
6 -4.9 - Establishment of Floodplain Overlay
Districts
The floodplain areas within the jurisdiction
of this Code are hereby divided into the follow-
ing districts:
A. Floodway Overlay District (FW). Flood -
way Fringe Overlay District (FF) and General
Flood Plain Overlay District (FP). The bounda-
ries are shown on the official floodplain zoning
map. Within these districts all uses not allowed
as permitted uses are prohibited.
B. Floodway Overlay District (FW). The
Floodway Overlay District shall be consistent
with the boundaries of the floodway as shown
on the official floodplain zoning map Overlay
and indicated on the FIRM maps as Zone AE
(hatched).
C. Floodway Fringe Overlay District (FF).
The Floodway Fringe Overlay District shall be
those areas shown as floodway fringe on the
official floodplain zoning map and indicated on
the FIRM maps as Zone AE.
D. General Floodplain Overlay District
(FP). The General Floodplain Overlay District
shall be those areas shown as being within the
approximate 100 -year flood boundary on the
official floodplain zoning map and indicated on
the FIRM maps as Zone A.
6 -4.10 - FW Floodway Overlay District
A. Permitted uses. The following uses shall
be permitted within the FW District to the ex-
tent they are not prohibited by any other ordi-
nance (or underlying zoning district) and pro-
vided they do not include placement of struc-
tures, factory -built homes, fill or other obstruc-
tion, the storage of materials or equipment,
excavation, or alteration of a watercourse.
1. Agricultural uses such as general
farming, pasture, grazing, outdoor plant
nurseries, horticulture, viticulture, truck
farming, forestry, sod farming, and wild
crop harvesting.
2. Accessory uses of land for industri-
al /commercial uses such as loading areas,
parking areas, airport landing strips.
3. Private and public recreational uses
such as golf courses, tennis courts, ball
fields, driving ranges, archery ranges, pic-
nic grounds, transient camping and recrea-
tional vehicle facilities, boat launching
ramps, swimming areas, parks, wildlife and
nature preserves, game farms, fish hatch-
eries, shooting preserves, target ranges,
trap and skeet ranges, hunting and fishing
areas, hiking and horseback riding trails.
4. Residential uses of land such as
lawns, gardens, parking areas and play ar-
eas.
5. Such other open space uses similar
in nature to the above uses.
6. Conditional uses. The following uses
which involve structures (temporary or
permanent), fill, and storage of materials or
equipment may be permitted only upon is-
suance of a conditional use permit by the
Zoning Board of Adjustment as provided
for in Article 8. Such uses must also meet
the applicable provisions of the Floodway
District performance standards.
7. Uses or structures accessory to
open -space uses.
8. Circuses, carnivals, and similar tran-
sient amusement enterprises.
9. Drive -in theaters, new and used car
lots, roadside stands, signs, and billboards.
10. Extraction of sands, gravel, and
other materials.
11. Marinas, boat rentals, docks, piers,
wharves.
12. Utility transmission lines, under-
ground pipelines.
13. Other uses similar in nature to the
above described uses and which are con-
sistent with the general spirit and purposes
of this Code.
B. Performance standards. AM permitted or
conditional uses must be consistent with the
need to minimize flood damage and shall meet
the following applicable performance stand-
ards:
1. No use shall be permitted in the
Floodway Overlay District that would result
in any increase in the one hundred -year
flood level. Consideration of the effects of
any development on flood levels shall be
based upon the assumption that an equal
degree of development would be allowed
for similarly situated lands.
2. AM uses within the Floodway Overlay
District shall:
i. Be consistent with the need to min-
imize flood damage.
ii. Use construction methods and
practices that will minimize flood
damage.
iii. Use construction materials and
utility equipment that are re-
sistant to flood damage.
3. No use shall affect the capacity or
conveyance of the channel or floodway or
any tributary to the main stream, drainage
ditch, or any other drainage facility or sys-
tem.
4. Structures and sanitary and utility
systems, if permitted, shall meet the appli-
cable performance standards of the
Floodway Fringe Overlay District and shall
be constructed or aligned to present the
minimum possible resistance to flood
flows.
5. Structures, if permitted, shall have a
368 Regular Session, September 19, 2011 Book 141
low flood damage potential and shall not
be for human habitation.
6. Storage of materials or equipment
that are buoyant, flammable, explosive or
injurious to human, animal or plant life is
prohibited. Storage of other material may
be allowed if readily removable from the
Floodway District within the time available
after flood warning.
7. Watercourse alterations or reloca-
tions (channel changes and modifications)
must be designed to maintain the flood car-
rying capacity within the altered or relocat-
ed portion. In addition, such alterations or
relocations must be approved by the IDNR.
8. Any fill allowed in the floodway must
be shown to have some beneficial purpose
and shall be limited to the minimum
amount necessary.
9. Pipeline river or stream crossings
shall be buried in the streambed and banks
or otherwise sufficiently protected to pre-
vent rupture due to channel degradation
and meandering or due to the action of
flood flows.
6 -4.11 FF Floodway Fringe Overlay District
A. Permitted uses. All uses within the
Floodway Fringe Overlay District shall be per-
mitted to the extent that they are not prohibited
by any other ordinance (or underlying zoning
district) and provided they meet applicable
performance standards of the Floodway Fringe
Overlay District. However, on the Mississippi
River or on islands therein, no use will be al-
lowed unless identified as not being a flood -
way area by the IDNR. In which case, if a
foodway area is identified, the provisions of
the FW Floodway Overlay District will apply.
B. Performance standards. All uses must
be consistent with the need to minimize flood
damage and shall meet the following applica-
ble performance standards:
1. All structures shall be:
i. Adequately anchored to prevent flota-
tion, collapse or lateral movement of the
structure;
ii. Constructed with materials and utility
equipment resistant to flood damage; and
iii. Constructed by methods and prac-
tices that minimize flood damage.
2. All new and substantially improved
structures:
i. Such areas shall be used solely for
parking vehicles, building access and low
damage potential storage.
ii. Fully enclosed areas below the
"lowest floor" (not including basements)
that are subject to flooding shall be de-
signed to automatically equalize hydro-
static flood forces on exterior walls by al-
lowing for the entry and exit of floodwa-
ters.
iii. A minimum of two openings having
a total net area of not less than one
square inch for every square foot of en-
closed area subject to flooding shall be
provided.
iv. The bottom of all openings shall be
no higher than one foot above grade.
v. Openings may be equipped with
screens, louvers, valves, or other cover-
ings or devices provided they permit the
automatic entry and exit of floodwaters.
Designs for meeting this requirement
must be certified by a professional engi-
neer registered in the State of Iowa.
vi. New and substantially improved
structures must be adequately anchored to
prevent flotation, collapse, or lateral
movement of the structure resulting from
hydrodynamic and hydrostatic loads, in-
cluding the effects of buoyancy. Designs
for meeting this requirement must be certi-
fied by a professional engineer registered
in the State of Iowa.
vii. New and substantially improved
structures must be constructed with electri-
cal, heating, ventilation, plumbing, and air
conditioning equipment and other service
facilities that are designed and located so
as to prevent water from entering or accu-
mulating within the components during
conditions of flooding. Designs for meeting
this requirement must be certified by a pro-
fessional engineer registered in the State
of Iowa.
3. Residential buildings. All new or sub-
stantially improved residential structures shall
have the lowest floor, including basements,
elevated a minimum of one foot above the
100 -year flood level. Construction shall be
upon compacted fill which shall, at all points,
be no lower than one foot above the 100 -year
flood level and extend at such elevation at
least 18 feet beyond the limits of any structure
erected thereon. Alternate methods of elevat-
ing (such as piers) may be allowed, subject to
favorable consideration by the Zoning Board of
Adjustment and issuance of a variance, where
existing topography, street grades, or other
factors preclude elevating by fill. In such cas-
es, the methods used must be adequate to
support the structure as well as withstanding
the various forces and hazards associated with
flooding. All new residential buildings shall be
provided with a means of access which will be
passable by wheeled vehicles during the 100 -
year flood.
4. Nonresidential buildings. All new and
substantially improved nonresidential buildings
shall have the lowest floor (including base-
ment) elevated a minimum of one foot above
the 100 -year flood level, or together with at-
tendant utility and sanitary systems, be flood-
Book 141 Regular Session, September 19, 2011 369
proofed to such a level. When floodproofing is
utilized, a professional engineer registered in
the State of Iowa shall certify that the flood -
proofing methods used are adequate to with-
stand the flood depths, pressures, velocities,
impact and uplift forces and other factors as-
sociated with the 100 -year flood; and that the
structures, below the 100 -year flood level, are
watertight with walls substantially impermeable
to the passage of water. A record of the certifi-
cation indicating the specific elevation On rela-
tion to North American Vertical Datum, 1988)
to which any structures are floodproofed shall
be maintained by the City Planner.
5. Factory -built homes:
i. Factory -built homes including those
placed in existing factory -built home parks
or subdivisions shall be anchored to resist
flotation, collapse, or lateral movement.
ii. Factory -built homes including those
placed in existing factory -built home parks
or subdivisions shall be elevated on a per-
manent foundation such that the lowest
floor of the structure is a minimum of one
foot above the 100 -year flood level.
6. Utility and sanitary systems:
i. All new and replacement sanitary
sewage systems shall be designed to min-
imize and eliminate infiltration of flood wa-
ters into the system as well as the dis-
charge of effluent into flood water.
Wastewater treatment facilities shall be
provided with a level of flood protection
equal to or greater than one foot above the
100 -year flood elevation.
ii. On -site waste disposal systems shall
be located or designed to avoid impairment
to the system or contamination from the
system during flooding.
iii. New or replacement water supply
systems shall be designed to minimize or
eliminate infiltration of flood waters into the
system. Water supply treatment facilities
shall be provided with a level of protection
equal to or greater than one foot above the
100 -year flood elevation.
iv. Utilities such as gas or electrical
systems shall be located and constructed
to minimize or eliminate flood damage to
the system and the risk associated with
such flood damaged or impaired systems.
v. All such systems shall be certified as
meeting these requirements by a profes-
sional engineer registered in the State of
Iowa.
7. Storage of materials and equipment that
are flammable, explosive or injurious to hu-
man, animal or plant life is prohibited unless
elevated a minimum of one foot above the
100 -year flood level. Other material and
equipment must either be similarly elevated or
(i) not be subject to major flood damage and
be anchored to prevent movement due to flood
waters, or (ii) be readily removable from the
area within the time available after flood warn-
ing.
8. Flood control structural works such as
levees and flood walls shall provide, at a min-
imum, protection from a 100 -year flood with a
minimum of three feet of design freeboard and
shall provide for adequate interior drainage. In
addition, structural flood control works shall be
approved by the IDNR.
9. No use shall affect the capacity or con-
veyance of the channel or floodway of any
tributary to the main stream, drainage ditch, or
other drainage facility or system.
10. Subdivisions (including factory -built
home parks and subdivisions) shall be con-
sistent with the need to minimize flood damag-
es and shall have adequate drainage provided
to reduce exposure to flood damage. Devel-
opment associated with subdivision proposals
shall meet the applicable performance stand-
ards. Subdivision proposals intended for resi-
dential development shall provide all lots with
a means of vehicular access that will remain
dry during occurrence of the 100 -year flood.
Proposals for subdivisions greater than five (5)
acres or fifty (50) lots (whichever is less) shall
include 100 -year flood elevation data for those
areas located within the Floodplain (Overlay)
District.
11. The exemption of detached garages,
sheds, and similar structures less than 300
square feet in area from the 100 -year flood
elevation requirements may result in increased
premium rates for insurance coverage of the
structure and contents; however, said de-
tached garages, sheds, and similar accessory
type structures are exempt from the 100 -year
flood elevation requirements, provided:
i. The structures shall not be used for
human habitation.
ii. The structure shall be designed to
have low flood damage potential.
iii. The structure shall be constructed
and placed on the building site so as to of-
fer minimum resistance to the flow of
floodwaters.
iv. Structures shall be firmly anchored
to prevent flotation which may result in
damage to other structures.
v. The structures service facility such
as electrical and heating equipment shall
be elevated or floodproofed to at least one
foot above the 100 -year flood level.
vi. All such structures shall be certified
as meeting these requirements by a pro-
fessional engineer registered in the State
of Iowa.
12. Recreational Vehicles
i. Recreational vehicles are exempt
from the requirements of Section 6-
370 Regular Session, September 19, 2011 Book 141
4.11(B)(5) of this Ordinance regarding an-
choring and elevation of factory -built
homes when the following criteria are satis-
fied.
a. The recreational vehicle shall
be located on the site for less than
180 consecutive days, and
b. The recreational vehicle must
be fully licensed and ready for high-
way use. A recreational vehicle is
ready for highway use if it is on its
wheels or jacking system and is at-
tached to the site only by quick dis-
connect type utilities and security de-
vices and has no permanently at-
tached additions.
ii. Recreational vehicles that are lo-
cated on the site for more than 180 con-
secutive days or are not ready for high-
way use must satisfy requirements of
Section 6- 4.11(B)(5) of this Ordinance
regarding anchoring and elevation of fac-
tory -built homes.
13. Pipeline river and stream crossings
shall be buried in the streambed and banks, or
otherwise sufficiently protected to prevent rup-
ture due to channel degradation and meander-
ing.
6 -4.12 FP General Floodplain Overlay Dis-
trict
A. Permitted uses. The following uses shall
be permitted within the FP General Floodplain
Overlay District to the extent they are not pro-
hibited by any other ordinance (or underlying
zoning district) and provided they do not in-
clude placement of structures, factory -built
homes, fill or other obstruction, the storage of
materials or equipment, excavation, or altera-
tion of a watercourse.
1. Agricultural uses such as general
farming, pasture, grazing, outdoor plant
nurseries, horticulture, viticulture, truck
farming, forestry, sod farming, and wild
crop harvesting.
2. Accessory uses of land for industri-
al /commercial uses such as loading areas,
parking areas, airport landing strips.
3. Private and public recreation uses
such as golf courses, tennis courts, ball
fields, driving ranges, archery ranges, pic-
nic grounds, transient camping and recrea-
tional vehicle facilities, boat launching
ramps, swimming areas, parks, wildlife and
nature preserves, game farms, fish hatch-
eries, shooting preserves, target ranges,
trap and skeet ranges, hunting and fishing
areas, hiking and horseback riding trails.
4. Residential uses of land such as
lawns, gardens, parking areas and play ar-
eas.
5. Such other open space uses similar
in nature to the above uses.
B. Conditional uses. Any uses which in-
volve placement of structures, factory -built
homes, fill or other obstructions, the storage of
materials or equipment, excavation or altera-
tion of a watercourse may be allowed only
upon issuance of a conditional use permit by
the Zoning Board of Adjustment. AM such uses
shall be reviewed by the IDNR to determine: (i)
whether the land involved is either wholly or
partly within the floodway or floodway fringe,
and (ii) the 100 -year flood level. The applicant
shall be responsible for providing the IDNR
with sufficient technical information to make
the determination.
C. Performance standards.
1. AM conditional uses, or portions
thereof, to be located in the floodway as
determined by the IDNR shall meet the ap-
plicable provisions and standards of the
Floodway Overlay District.
2. AM conditional uses, or portions
thereof, to be located in the floodway fringe
as determined by the IDNR shall meet the
applicable standards of the Floodway
Fringe Overlay District.
6 -4.13 Floodplain Overlay District Admin-
istration
A. Appointment, duties and responsibilities
of City Planner.
1. A City Planner designated by the
City Manager shall administer and enforce
this Code and will herein be referred to as
the Administrator.
2. Duties and responsibilities of the
Administrator shall include, but not neces-
sarily be limited to, the following:
i. Review all floodplain development
permit applications to ensure that the
provisions of this Code will be satisfied.
ii. Review all floodplain develop-
ment permit applications to ensure that
all necessary permits have been ob-
tained from federal, state or local gov-
ernmental agencies.
iii. Record and maintain a record of:
(a) the elevation On relation to North
American Vertical Datum, 1988) of the
lowest floor of all new or substantially
improved structures, or (b) the eleva-
tion to which new or substantially im-
proved structures have been flood -
proofed.
iv. Notify adjacent communities
and /or counties and the IDNR prior to
any proposed alteration or relocation of
a watercourse and submit evidence of
such notifications to the Federal Insur-
ance Administrator.
v. Keep a record of all permits,
conditional uses, appeals, variances
and such other transactions and corre-
spondence pertaining to the administra-
Book 141 Regular Session, September 19, 2011 371
tion of this Code.
vi. Submit to the Federal Insurance
Administrator an annual report con-
cerning the City's participation in the
National Flood Insurance Program, uti-
lizing the annual report form supplied
by the Federal Insurance Administrator.
vii. Notify the Federal Insurance
Administration of any annexations or
modifications to the City's boundaries
as part of the annual report
viii. Review subdivision proposals to
ensure such proposals are consistent
with the purpose of this Code and ad-
vise the City Council of potential con-
flicts.
B. Floodplain development permit.
1. Permit required. A floodplain devel-
opment permit issued by the Administrator
shall be secured prior to initiation of any
floodplain development (any manmade
change to improved or unimproved real es-
tate, including but not limited to buildings or
other structures, mining, filling, grading,
paving, excavation or drilling operations)
including the placement of factory -built
homes in both the Floodway, Floodway
Fringe and General Floodplain Overlay
Districts.
2. Application for permit. Application for
a floodplain development permit shall be
made on forms supplied by the Administra-
tor and shall include the following infor-
mation.
i. Description of and plans for the
work to be covered by the permit for
which application is to be made.
ii. Description of the land on which
the proposed work is to be done (i.e.,
lot, block, tract, street address or simi-
lar description) that will readily identify
and locate the work to be done.
iii. Identification of the use or occu-
pancy for which the proposed work is
intended.
iv. Elevation of the 100 -year flood.
v. Elevation On relation to North
American Vertical Datum, 1988) of the
lowest floor (including basement) of the
structure or of the level to which a
structure is to be floodproofed.
vi. For structures being improved or
rebuilt, the estimated cost of improve-
ments and market value of the struc-
ture prior to the improvements.
vii. All certifications by a profes-
sional engineer registered in the State
of Iowa as required by this Code.
viii. Such other information as the
Administrator deems reasonably nec-
essary for the purpose of this Code.
3. Action for permit application. The Admin-
istrator shall make a determination as to
whether the proposed floodplain development
meets the applicable provisions and standards
of this Code and shall approve or disapprove
the application. For disapprovals, the applicant
shall be informed, in writing, of the specific
reasons therefore. The Administrator shall not
issue permits for conditional uses or variances
except as directed by the Zoning Board of Ad-
justment.
4. As -built certification. The applicant shall
be required, prior to the use or occupancy of
any structure or development, to submit certifi-
cation by a professional engineer registered in
the State of Iowa that the work authorized by
the floodplain development permit was ac-
complished in compliance with this Code. Any
use, arrangement, or construction in conflict
with that authorized shall be deemed a viola-
tion of this Code.
6 -4.14 - Zoning Board of Adiustment Action
Authorized.
A. The Zoning Board of Adjustment shall
hear and decide applications for conditional
uses, appeals and variances.
B. Conditional uses. Requests for condi-
tional uses shall be submitted to the Adminis-
trator, who shall forward such to the Board for
consideration. Such requests shall include
information ordinarily submitted with applica-
tions as well as any additional information
deemed necessary by the Board.
C. Appeals. Where it is alleged there is any
error in any order, requirement, decision, or
determination made by an administrative offi-
cial in the enforcement of this Code, the ag-
grieved party may appeal such action. The
notice of appeal shall be filed with the Board
and with the official from whom the appeal is
taken and shall set forth the specific reason for
the appeal. The official from whom the appeal
is taken shall transmit to the Board all the pa-
pers constituting the record upon which the
action appealed from was taken.
D. Variances. The Board may authorize,
upon request in specific cases, such variances
from the terms of this Code that will not be
contrary to the public interest, where owing to
special conditions a literal enforcement of the
provisions of this Code will result in unneces-
sary hardship. Variances granted must meet
the following applicable standards:
1. No variances shall be granted for
any development within the Floodway
Overlay District which would result in any
increase in the 100 -year level. Considera-
tion of the effects of any development on
flood levels shall be based upon the as-
sumption that an equal degree of devel-
opment would be allowed for similarly situ-
ated lands.
2. Variances shall only be granted up-
372 Regular Session, September 19, 2011 Book 141
on: (i) a showing of good and sufficient
cause, (ii) a determination that failure to
grant the variance would result in excep-
tional hardship to the applicant, and (iii) a
determination that the granting of the vari-
ance will not result in increased flood
heights, additional threats to public safety,
or extraordinary public expense, create
nuisances, or cause fraud on or victimiza-
tion of the public.
3. A variance shall only be granted up-
on a determination that the variance is the
minimum necessary considering the flood
hazard, to afford relief.
4. In cases where the variance involves
a lower level of flood protection for struc-
tures than what is ordinarily required by
this Code, the applicant shall be notified in
writing over the signature of the Adminis-
trator that: (i) the issuance of a variance
will result in increased premium rates for
flood insurance, and (ii) such construction
increases risks to life and property.
5. All variances granted shall have the
concurrence or approval of the IDNR.
E. Board decisions. In passing upon re-
quests for conditional uses and variances, the
Board shall consider all relevant factors speci-
fied in other sections of this Code and:
1. The danger to life and property due
to increased flood heights or velocities
caused by encroachments.
2. The danger that materials may be
swept on to other lands or downstream to
the injury of others.
3. The proposed water supply and sani-
tation systems and the ability of these sys-
tems to prevent disease, contamination
and unsanitary conditions.
4. The susceptibility of the proposed
facility and its contents to flood damage
and the effect of such damage on the indi-
vidual owner.
5. The importance of the services pro-
vided by the proposed facility to the com-
munity.
6. The requirements of the facility for a
floodplain location.
7. The availability of alternative loca-
tions not subject to flooding for the pro-
posed use.
8. The compatibility of the proposed
use with existing development and devel-
opment anticipated in the foreseeable fu-
ture.
9. The relationship of the proposed use
to the Comprehensive Plan and floodplain
management program for the area.
10. The safety of access to the property
in times of flood for ordinary and emergen-
cy vehicles.
11. The expected heights, velocity, du-
ration, rate of rise and sediment transport
of the flood water expected at the site.
12. Such other factors which are rele-
vant to the purpose of this Code.
F. Conditions attached to conditional uses
or variances. Upon consideration of the factors
listed above, the Board may attach such condi-
tions to the granting of conditional uses and
variances as it deems necessary to further the
purpose of this Code. Such conditions may
include, but not necessarily be limited to:
1. Modification of waste disposal and
water supply facilities;
2. Limitation on periods of use and op-
eration;
3. Imposition of operational controls,
sureties and deed restrictions;
4. Requirements for construction of
channel modification, dikes, levees, and
other protective measures, provided such
are approved by the IDNR and are deemed
the only practical alternative to achieving
the purposes of this Code; and
5. Floodproofing measures which shall
be designed consistent with the flood pro-
tection elevation for the particular area,
flood velocities, durations, rate of rise, hy-
drostatic and hydrodynamic forces, and
other factors associated with the regulatory
flood and that the applicant submit a plan
or document certified by a professional en-
gineer registered in the State of Iowa that
the Floodproofing measures are consistent
with the regulatory flood protection eleva-
tion and associated flood factors for the
particular area.
6 -4.15 Definitions
Unless specifically defined below or in Arti-
cle 2, words or phrases used in this Ordinance
shall be interpreted so as to give them the
meaning they have in common usage and to
give this ordinance its most reasonable appli-
cation.
Base Flood: The flood having one (1) per-
cent chance of being equaled or exceeded in
any given year (See 100 -year flood).
Basement: Any enclosed area of a struc-
ture which has its floor or lowest level below
ground level (subgrade) on all sides. Also see
"lowest floor."
Development: Any man -made change to
improved or unimproved real estate, including
but not limited to buildings or other structures,
the storage of equipment or materials, mining,
dredging, filling, grading, paving, excavation or
drilling operations.
Existing Construction: Any structure for
which the "start of construction" commenced
before the effective date of the first floodplain
management regulations adopted by the
community on April 16, 1990. May also be
referred to as "existing structure."
Book 141 Regular Session, September 19, 2011 373
Existing Factory-Built Home Park or Subdi-
vision: A factory -built home park or subdivision
for which the construction of facilities for ser-
vicing the lots on which the factory -built homes
are to be affixed (including at a minimum, the
installation of utilities, the construction of
streets, and either final site grading or the
pouring of concrete pads) is completed before
the effective date of the first floodplain man-
agement regulations adopted by the communi-
ty on April 16, 1990.
Expansion of Existing Factory-Built Home
Park or Subdivision: The preparation of addi-
tional sites by the construction of facilities for
servicing the lots on which the factory -built
homes are to be affixed (including at a mini-
mum, the installation of utilities, the construc-
tion of streets, and either final site grading or
the pouring of concrete pads).
Factory-Built Home: Any structure, de-
signed for residential use, which is wholly or in
substantial part, made, fabricated, formed or
assembled in manufacturing facilities for instal-
lation or assembly and installation on a build-
ing site. For the purpose of this ordinance,
factory -built homes include mobile homes,
manufactured homes and modular homes and
also include park trailers, travel trailers and
other similar vehicles placed on a site for
greater than 180 consecutive days.
Factory-Built Home Park: A parcel or con-
tiguous parcels of land divided into two or
more factory -built home lots for rent or sale.
Flood: A general or temporary condition of
partial or complete inundation of normally dry
land areas resulting from the overflow of
streams or rivers or from the unusual and rapid
runoff of surface waters from any source.
Flood Elevation: The elevation floodwaters
would reach at a particular site during the oc-
currence of a specific flood. For instance, the
100 -year flood elevation is the elevation of
flood waters related to the occurrence of the
100 -year flood.
Flood Insurance Rate Map: The official
map prepared as part of (but published sepa-
rately from) the Flood Insurance Study which
delineates both the flood hazard areas and the
risk premium zones applicable to the commu-
nity.
Flood Insurance Study A study initiated,
funded and published by the Federal Insur-
ance Administration for the purpose of evaluat-
ing in detail the existence and severity of flood
hazards; providing the City with the necessary
information for adopting a flood plain man-
agement program and establishing actuarial
flood insurance rates.
Flood Plain: Any land area susceptible to
being inundated by water as a result of a flood.
Flood Plain Management An overall pro-
gram of corrective and preventive measures
for reducing flood damages and promoting the
wise use of flood plains, including but not lim-
ited to emergency preparedness plans, flood
control works, flood - proofing and flood plain
management regulations.
Floodproofing: Any combination of struc-
ture and non - structural additions, changes, or
adjustments to structures, including utility and
sanitary facilities, which will reduce or elimi-
nate flood damage to such structures.
Floodway The channel of a river or
stream, and those portions of the flood plains
adjoining the channel, which are reasonably
required to carry and discharge flood waters or
flood flows so that confinement of flood flows
to the foodway area will not result in substan-
tially higher flood levels or flow velocities.
Floodway Fringe: Those portions of the
flood plain, other than the foodway, which can
be filled, leveed, or otherwise obstructed with-
out causing substantially higher flood levels or
flow velocities.
Historic Structure: Any structure that is:
1. Listed individually in the National
Register of Historic Places, maintained by
the Department of Interior, or preliminarily
determined by the Secretary of the Interior
as meeting the requirements for individual
listing of the National Register;
2. Certified or preliminarily determined
by the Secretary of the Interior as contrib-
uting to the historical significance of a reg-
istered historic district or a district prelimi-
narily determined by the Secretary to quali-
fy as a registered historic district;
3. Individually listed on a state invento-
ry of historic places in states with historic
preservation programs which have been
approved by the Secretary of the Interior;
or
4. Individually listed on a local inventory
of historic places in communities with his-
toric preservation programs that have been
certified by either: (i) an approved state
program as determined by the Secretary of
the Interior, or (ii) directly by the Secretary
of the Interior in states without approved
programs.
Lowest Floor The floor of the lowest enclosed
area in a structure, including a basement, ex-
cept when all the following criteria are met:
1. The enclosed area is designated to sat-
isfy the provisions of Section 6- 4.11(4); and
2, The enclosed area is unfinished (not
carpeted, drywalled, etc.) and used solely for
low damage potential uses such as building
access, parking or storage; and
3. Machinery and service facilities (e.g., hot
water heater, furnace, electrical service) con-
tained in the enclosed area are located at least
one (1) food above the 100 -year flood level;
and
374 Regular Session, September 19, 2011 Book 141
4. The enclosed area is not a "basement"
as defined in this section.
In cases where the lowest enclosed area
satisfies criteria 1, 2, 3, and 4 above, the low-
est flood is the floor of the next highest en-
closed area that does not satisfy the criteria
above.
Minor Projects: Small development activi-
ties (except for filling, grading and excavating)
valued at less than $500.
New Construction: Those structures or de-
velopment for which the start of construction
commenced on or after the effective date of
the Flood Insurance Rate Map (September 6,
1989).
New Factory-Built Home Park or Subdivi-
sion: A factory -built home park or subdivision
for which the construction of facilities for ser-
vicing the lots on which the factory -built homes
are to be affixed (including at a minimum, the
installation of utilities, the construction of
streets, and either final site grading or the
pouring of concrete pads) is completed on or
after the effective date of the first floodplain
management regulations adopted by the
community on April 16, 1990.
One Hundred (100) Year Flood: A flood,
the magnitude of which has a one (1) percent
chance of being equaled or exceeded in any
given year or which, on the average, will be
equaled or exceeded at least once every one
hundred (100) years.
Recreational Vehicle: A vehicle which is:
1. Built on a single chassis;
2. Four hundred (400) square feet or
less when measured at the largest horizon-
tal projection;
3. Designed to be self - propelled or
permanently towable by a light duty truck;
and
4. Designed primarily not for use as a
permanent dwelling but as a temporary liv-
ing quarters for recreational, camping,
travel, or seasonal use.
Routine Maintenance of Existing Buildings
and Facilities: Repairs necessary to keep a
structure in a safe and habitable condition,
provided they are not associated with a gen-
eral improvement of the structure or repair of a
damaged structure. Such repairs include:
1. Normal maintenance of structures
such as re- roofing, replacing roofing tiles
and replacing siding;
2. and similar finish work;
3. Basement sealing;
4. Repairing or replacing damaged or
broken window panes;
5. Repairing plumbing systems, electri-
cal systems, heating or air conditioning
systems and repairing wells or septic sys-
tems.
Special Flood Hazard Area: The land with-
in a community subject to the 100 -year flood.
This land is identified as Zone A on the com-
munity's Flood Insurance Rate Map.
Start of Construction: Includes substantial
improvement, and means the date the devel-
opment permit was issued, provided the actual
start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other
improvement, was within 180 days of the per-
mit date. The actual start means either the first
placement or permanent construction of a
structure on a site, such as pouring of a slab or
footings, the installation of pile, the construc-
tion of columns, or any work beyond the stage
of excavation; or the placement of a factory -
built home on a foundation. Permanent con-
struction does not include land preparation,
such as cleaning, grading or filling, nor does it
include the installation of streets and /or walk-
ways; nor does it include excavation for a
basement, footings, piers, or foundations, or
the erection of temporary forms; nor does it
include the installation on the property of ac-
cessory buildings such as garages or sheds
not occupied as dwelling units or not part of
the main structure. For a substantial improve-
ment, the actual start of construction means
the first alteration of any wall, ceiling, floor, or
other structural part of the building, whether or
not that alteration affects the external dimen-
sion of the building.
Structure: Anything constructed or erected
on the ground or attached to the ground, in-
cluding, but not limited to, buildings, factories,
sheds, cabins, factory -built homes, storage
tanks, and other similar uses.
Substantial Damage: Damage of any origin
sustained by a structure whereby the cost of
restoring the structure to its before damaged
condition would equal or exceed 50 percent of
the market value of the structure before the
damage occurred.
Substantial Improvement: Any improve-
ment to a structure which satisfies either of the
following criteria:
1. Any repair, reconstruction, rehabilitation,
addition or improvement of a structure, the
cost of which would equal or exceed 50 per-
cent of the market value of the structure either
(i) before the improvement or repair is started,
or (ii) if the structure has been damaged, and
was being restored, before the damaged oc-
curred. For the purposes of this definition,
"substantial improvement" is considered to
occur when the first alteration affects the ex-
ternal dimensions of the structure. This term
does not, however, include any project for im-
provement of a structure to comply with exist-
ing state or local health, sanitary, or safety
code specifications which are solely necessary
to assure safe conditions for the existing use.
Book 141 Regular Session, September 19, 2011 375
2. Any addition which increases the original
floor area of a building by 25 percent or more.
All additions constructed after September 6,
1989 shall be added to any proposed addition
in determining whether the total increase in
original flood space would exceed 25 percent.
Variance: A grant of relief by a community
from the terms of the floodplain management
regulations as defined in Article 2.
Violation: The failure of a structure or other
development to be fully compliant with the
community's floodplain management regula-
tions.
Section 3. The foregoing amendment shall
take affect upon publication, as provided by
law.
Passed, approved and adopted this 19th
day of September, 2011.
/s /Lynn V. Sutton, Mayor Pro -Tem
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph - Herald on
the 23rd day of September, 2011.
/s /Kevin S. Firnstahl, City Clerk
Fiscal Year 2012 Budget Amendment No.
1: Proof of publication on notice of public hear-
ing to consider the Fiscal Year 2012 Budget
Amendment No. 1, and the City Manager rec-
ommending approval. Motion by Connors to
receive and file the documents and adopt
Resolution No. 322 -11 Amending the current
budget for the fiscal year ending June 30,
2012. Seconded by Jones. Responding to
questions from City Council, Budget Director
Jenny Larson clarified that this involves car-
ryover of funds for projects and grants which
cross multiple fiscal years. Motion carried 6 -0.
CITY BUDGET AMENDMENT AND CERTI-
FICATION RESOLUTION
To the Auditor of Dubuque County, Iowa:
The City Council of Dubuque in said Coun-
ty /Counties met on 09/19/2011, at the place
and hour set in the notice, a copy of which
accompanies this certificate and is certified as
to publication. Upon taking up the proposed
amendment, it was considered and taxpayers
were heard for and against the amendment.
The Council, after hearing all taxpayers
wishing to be heard and considering the
statements made by them, gave final consid-
eration to the proposed amendment(s) to the
budget and modifications proposed at the
hearing, if any. thereupon, the following resolu-
tion was introduced.
RESOLUTION NO. 322 -11
A resolution amending the current budget
for the Fiscal Year ending June 30, 2012. Be it
Resolved by the Council of the City of Dubu-
que.
Section 1. Following notice published and
the public hearing held, 09/19/2011, the cur-
rent budget (as previously amended) is
amended as set out herein and in the detail by
fund type and activity that supports this resolu-
tion which was considered at that hearing:
(Continued)
376 Regular Session, September 19, 2011
Book 141
Passed this 19th day of September 2011.
Roy D. Buol, Mayor
Kevin S. Firnstahl City Clerk
Total Budget
as certified
or last amended
20,559,847
Current
Amendment
0
Total Budget
after Current
Amendment
20,559,847
Revenues & Other Financing Sources
Taxes Levied on Property 1
Less: Uncollected Property Taxes -Levy Year 2
0
0
0
Net Current Property Taxes 3
20,559,847
0
20,559,847
Delinquent Property Taxes 4
0
0
0
TIF Revenues 5
10,151,097
0
10,151,097
Other City Taxes 6
14,904,342
0
14,904,342
Licenses & Permits 7
1,254,672
0
1,254,672
Use of Money and Property 8
12,639,846
135,000
12,774,846
Intergovernmental 9
33,190,214
60,110,019
93,300,233
Charges for Services 10
32,758,317
81,480
32,839,797
Special Assessments 11
244,100
197,000
441,100
Miscellaneous 12
6,556,190
1,634,709
8,190,899
Other Financing Sources 13
66,978,000
37,141,675
104,119,675
Total Revenues and Other Sources 14
199,236,625
24,073,368
99,299,883
616,997
298,536,508
24,690,365
Expenditures & Other Financing Uses
Public Safety 15
Public Works _ 16
11,669,809
368,554
12,038,363
Health and Social Services _ 17
914,521
105,983
1,020,504
Culture and Recreation _ 18
9,891,483
107,623
9,999,106
Community and Economic Development 19
13,006,091
342,906
13,348,997
General Government 20
6,912,736
233,650
7,146,386
Debt Service 21
7,019,294
0
7,019,294
Capital Projects 22
32,035,166
77,624,991
109,660,157
Total Government Activities Expenditures 23
105,522,468
79,400,704
184,923,172
Business Type / Enterprises 24
76,139,146
38,562,757
114,701,903
Total Gov Activities & Business Expenditures 1 25
181,661,614
117,963,461
299,625,075
Transfers Out 26
21,147,963
6,865,744
28,013,707
Total Expenditures /Transfers Out 27
202,809,577
- 3,572,952
124,829,205
- 25,529,322
327,638,782
- 29,102,274
Excess Revenues & Other Sources Over
(Under) Expenditures /Transfers Out Fiscal Year 28
Continuing Appropriation 29
0
N/A
0
Beginning Fund Balance July 1 30
22,846,457
16,872,124
39,718,581
Ending Fund Balance June 30 31
19,273,505
- 8,657,198
10,616,307
Passed this 19th day of September 2011.
Roy D. Buol, Mayor
Kevin S. Firnstahl City Clerk
Book 141 Regular Session, September 19, 2011 377
Rose of Dubuque, LLP — Development
Agreement: Proof of publication on notice of
public hearing to consider a Development
Agreement with the Rose of Dubuque, LP for a
70 -unit affordable living facility on Lake Ridge
Drive and the City Manager recommending
approval. Motion by Jones to receive and file
the documents and adopt Resolution No. 323-
11 Approving a Development Agreement with
the Rose of Dubuque, L.P. for property located
on Lake Ridge Drive. Seconded by Resnick.
Responding to questions from City Council,
developer Greg McClenahan addressed the
issue that all residents are encouraged to wear
electronic pendants for the 24 -hour emergency
safety system. Motion carried 6 -0.
RESOLUTION NO. 323 -11
APPROVING A DEVELOPMENT AGREE-
MENT WITH THE ROSE OF DUBUQUE, L.P.
FOR PROPERTY LOCATED ON LAKE
RIDGE DRIVE
Whereas, the City of Dubuque, Iowa, has
undertaken an Urban Renewal project for the
purpose of advancing the community's ongo-
ing economic development efforts in the Lake
Ridge Urban Renewal District; and
Whereas, the City Council, by Resolution
No. 302 -11, dated September 6, 2011 declared
its intent to enter into a Development Agreement
with The Rose of Dubuque, L.P. for property
located on Lake Ridge Drive; and
Whereas, pursuant to published notice, a
public hearing was held on the proposed dispo-
sition on September 19, 2011 at 6:30 p.m. in the
Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa; and
Whereas, the City of Dubuque, Iowa is en-
couraging the use of urban renewal tax obli-
gations for the purpose of developing property
located on Lake Ridge Drive into a seventy
(70) unit affordable assisted living facility; and
Whereas, it is the determination of this
Council that approval of the Development
Agreement for the purpose of developing
property located on Lake Ridge Drive by The
Rose of Dubuque, L.P. according to the terms
and conditions set out in the Development
Agreement is in the public interest of the City
of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agree-
ment with The Rose of Dubuque, L.P. is here-
by accepted and approved.
Section 2. That the Mayor is hereby au-
thorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, the at-
tached Development Agreement with The
Rose of Dubuque, L.P.
Section 3.That the City Manager is author-
ized to take such actions as are necessary to
comply with the terms of the Development
Agreement as herein approved.
Passed, approved and adopted this 19th
day of September, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Dubuque River Rides, Inc. — Docking
Lease Agreement Proof of publication on no-
tice of public hearing to consider the proposed
Docking License Agreement between the City
of Dubuque and Dubuque River Rides, Inc.,
and the City Manager recommending approv-
al. Motion by Jones to receive and file the
documents and adopt Resolution No. 324 -11
Disposing of an Interest in real property by
License Agreement with Dubuque River Rides,
Inc. Seconded by Braig. Motion carried 6 -0.
RESOLUTION NO. 324 -11
DISPOSING OF AN INTEREST IN REAL
PROPERTY BY LICENSE AGREEMENT
WITH DUBUQUE RIVER RIDES, INC.
Whereas, the City of Dubuque, Iowa (City) is
the owner of the real property shown on Exhibit
A attached hereto (the Property); and
Whereas, Dubuque River Rides, Inc. (River
Rides) desires to license the Property for
docking its vessels and other related uses upon
the terms set forth in a Docking License
Agreement now on file in the Office of the City
Clerk at City Hall, Dubuque, Iowa, which
provides among other things for a term of five
years; and
Whereas, the City Council, pursuant to
notice published as required by law, held a
public hearing on the proposed disposition of the
Property on September 19, 2011, and overruled
all objections thereto.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque approves of the Docking License
Agreement disposing of the City's interest in the
Property.
Section 2. The Mayor is authorized and
directed to execute the Docking License
Agreement on behalf of the City.
Passed, approved and adopted this 19th day
of September 2011.
Roy D. Buol, Mayor, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
Electrical Code Amendments: City Manag-
er recommending approval of amendments to
378 Regular Session, September 19, 2011 Book 141
the City of Dubuque's Electrical Code that
have been recommended by the Electrical
Board of Appeals. Motion by Connors to re-
ceive and file the documents and that the re-
quirement that a proposed ordinance be con-
sidered 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. Motion carried 6 -0.
Motion by Connors for final consideration
and passage of Ordinance No. 47 -11 Amend-
ing City of Dubuque Code of Ordinances Title
14 Building and Development, Chapter 1
Building Codes, Section 14 -1D -2 National
Electrical Code Amendments by removing
replacement, installation, and alteration from
activities allowed as routine maintenance and
performed by a maintenance electrician and by
removing Section 83 -8 Bonding, Article
250.104(B) Other Metal Piping, and Article
250.104(E) Gas Piping System Bonding re-
quirement Seconded by Braig. Motion carried
6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 47 -11
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING
CODES, SECTION 14 -1D -2 NATIONAL
ELECTRICAL CODE AMENDMENTS BY
REMOVING REPLACEMENT, INSTALLA-
TION, AND ALTERATION FROM ACTIVI-
TIES ALLOWED AS ROUTINE MAINTE-
NANCE AND PERFORMED BY A MAINTE-
NANCE ELECTRICIAN AND BY REMOVING
SECTION 83 -8 BONDING, ARTICLE
250.104(B) OTHER METAL PIPING, AND
ARTICLE 250.104(E) GAS PIPING SYSTEM
BONDING REQUIREMENT
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1D-2 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
14 -1D -2: NATIONAL ELECTRICAL
CODE AMENDMENTS:
The national electrical code adopted by
section 14 -1D -1 of this article is hereby
amended as follows:
80 -3. Definitions, General. For the pur-
pose of these provisions, certain terms,
phrases, words, and their derivatives shall
be construed as specified in this section.
Where terms are not defined, they shall
have their ordinarily accepted meanings
within the context with which they are
used. Webster's third new international dic-
tionary of the English language, una-
bridged, copyright 1981, shall be consid-
ered as providing ordinarily accepted
meanings. Words used in the singular in-
clude the plural and the plural the singular.
Words used in masculine gender include
the feminine and the feminine the mascu-
line.
Routine maintenance means the ser-
vicing, maintaining, or repairing of existing
electrical apparatus or equipment for which
no changes in wiring are made.
83 -1. Definitions. For use within this ar-
ticle, the following words and phrases are
defined:
Maintenance electrician means a per-
son who has the necessary training, expe-
rience, and technical knowledge to under-
take the work of servicing, maintaining, and
repairing electrical devices, appliances,
and equipment within the stipulated con-
fines of property owned or controlled by the
firm, business, or company by whom em-
ployed. An electrical maintenance certifi-
cate of competency may be issued to an
individual and will entitle the holder thereof
to undertake the work of servicing, main-
taining, and repairing electrical devices,
appliances, and equipment only within the
confines of the property owned by such in-
dividual for use or application to such
property.
Section 2. This Ordinance takes effect up-
on publication.
Passed, approved and adopted the 19th
day of September, 2011.
/s /Lynn V. Sutton, Mayor Pro -Tem
Attest: /s /Kevin S. Firnstahl, Acting City Clerk
Published officially in the Telegraph - Herald
newspaper on the 23rd day of September,
2011.
/s /Kevin S. Firnstahl, City Clerk
Iowa Clean Air Attainment Program
(ICAAP) Grant Application: City Manager rec-
ommending approval of the submission of the
Iowa Clean air Attainment Program (ICAAP)
grant in the amount of $2,535,832 to fund the
IBM research and pilot route services for two
years. Motion by Lynch to receive and file the
documents and adopt Resolution No. 325 -11
Endorsing the submission of an Iowa Clean Air
Attainment Program (ICAAP) grant application
to the Iowa Department of Transportation to
fund IBM research and for implementation of
two pilot route services. Seconded by Jones.
Motion carried 6 -0.
Book 141 Regular Session,
October 3, 2011 379
RESOLUTION NO. 325 -11
ENDORSING THE SUBMISSION OF AN 10-
WA CLEAN AIR ATTAINMENT PROGRAM
(ICAAP) GRANT APPLICATION TO THE
IOWA DEPARTMENT OF TRANSPORTA-
TION TO FUND IBM RESEARCH AND FOR
IMPLEMENTATION OF TWO PILOT ROUTE
SERVICES
Whereas, the Iowa Clean Air Attainment
Program (ICAAP) provides funding for reduc-
ing congestion, reducing travel or single -
occupant vehicle usage, and improving air
quality; and
Whereas the ICAAP program is an 80/20
match, 80% federal funds, 20% local match
funds; and
Whereas, the City Council finds that the
IBM Smarter Travel project, college route and
the midtown circulator and downtown feeder
route would promote clean air standards in
Dubuque and provide a new form of public
transit service for the citizens of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City
of Dubuque, Iowa hereby endorses the at-
tached application to the Iowa Clean Air At-
tainment Program which includes for a 20%
local match for the midtown circulator and
downtown feeder routes.
Section 2. That the City Manager is author-
ized to sign, on behalf of the City Council, the
application for ICAAP.
Passed, approved and adopted this 19th
day of September, 2011.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Request for Work Session: City Manager
requesting setting a work session on Monday,
December 5, at 5:30 p.m. for a presentation on
Council Bluff's activities related to the 2011
Missouri River flooding. Motion by Connors to
receive and file the document and set a work
session for the requested date and time.
Council Member Lynch stated that he will not
be able to attend. Seconded by Jones. Motion
carried 6 -0.
COUNCIL MEMBER REPORTS
Council Member Braig and Mayor Pro -Tem
Sutton reported on the Midwest Culturally In-
clusive Conference they attended in Platteville
on September 16 and 17.
There being no further business, upon motion
the City Council adjourned at 7:31 p.m.
/s/Kevin S. Firnstahl
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met in regular
session on October 3, 2011 at 6:30 p. m. in the
Historic Federal Building.
Present: Mayor Buol; Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney
Lindahl
Mayor Buol read the call and stated this is
a regular session called for the purpose of
discussing such matters which may properly
come before the City Council.
Pledge of Allegiance
Invocation was provided by Sr. Michelle
Balek, OSF, Sisters of St. Francis.
SWEARING -IN
City Clerk Kevin S. Firnstahl
Mayor Buol introduced Ian Fitzgibbon and
Greg Bruce of the International City /County
Managers Association (ICMA) Fellowship Ex-
change program from Australia. Mr. Fitzgibbon
and Mr. Bruce each spoke of their experiences
while in Dubuque.
PRESENTATIONS
Iowa League of Cities All -Star Community
Award — Unified Development Code was pre-
sented to Mayor Buol by Planning Services
Manager Laura Carstens. A brief video from
the Iowa League of Cities was presented.
Preservation Iowa Award — Historic Shot
Tower was presented to Mayor Buol by Plan-
ning Services Laura Carstens.
PROCLAMATIONS
White Cane Safety Day (October 15, 2011)
was accepted by Bob Nesler, President of the
Dubuque Association for the Blind, 1200 S.
Grandview Avenue, and on behalf of the Tri-
State Blind Society;
Trick -or -Treat Night (October 31, 2011)
was accepted by Mayor Buol;
Arts and Humanities Month (October 2011)
was accepted by Geri Shafer, Chairperson,
Arts and Cultural Affairs Advisory Commission;
Make a Will Month (October 2011) was ac-
cepted by Library Director Susan Henricks on
behalf of the Make a Will Committee.
380 Regular Session, October 3, 2011 Book 141
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 7 -0.
Minutes and Reports Submitted: City
Council Proceedings of 9/19, Civil Service of
9/8, Historic Preservation Commission of 9/15,
Historic Preservation Education Task Force of
9/7, Housing Commission of 8/23, Long Range
Planning Advisory Commission of 9/21, Me-
chanical Board of 8/11, Transit Advisory Board
of 9/8, Zoning Board of Adjustment of 9/22
Proofs of Publication for City Council Pro-
ceedings of September 6 and 12, 2011
Proof of Publication for List of Claims and
Summary of Revenues for Month Ending Ju-
ly 31, 2011.
Upon motion the documents were received
and filed.
Notice of Claims /Suits: Terry Cook for ve-
hicle damage, Brenda Henry for property
damage, Timothy McElligott for vehicle dam-
age, and Tressa Tracy for vehicle damage.
Upon motion the documents were received,
filed and referred to the City Attorney.
City Attorney advising that the following
claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Com-
munities Assurance Pool: Terry Cook for vehi-
cle damage, Brenda Henry for vehicle dam-
age, Timothy McElligott for vehicle damage,
and Tressa Tracey for vehicle damage. Upon
motion the documents were received, filed and
concurred.
US 52 / Central Avenue Traffic Improve-
ments — Project Acceptance: City Manager
recommending acceptance of the construction
contract for the US 52 Traffic Flow Enhance-
ment Project as completed by Portzen Con-
struction, Inc., in the final contract amount of
$966,332.96. Upon motion the documents
were received and filed and Resolution No.
326 -11 Accepting the US 52 Traffic Flow En-
hancement Project and authorizing the pay-
ment of the contract amount to the contractor
was adopted.
RESOLUTION NO. 326 -11
ACCEPTING THE US 52 TRAFFIC FLOW
ENHANCEMENT PROJECT AND AUTHOR-
IZING THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the US 52 Traffic Flow Enhancement Pro-
ject 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 Improve-
ment Contract and that the City Engineer rec-
ommends 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 US 52
Traffic Flow Enhancement Capital Improve-
ment Project for the contract amount of
$966,332.96 less any retained percentage
provided for therein as provided in Iowa Code
chapter 573, and to pay such retainage only in
accordance with the provisions of Iowa Code
chapter 573.
Passed, approved and adopted this 3rd day
of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE US 52 TRAFFIC
FLOW ENHANCEMENT PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the US 52 Traffic Flow Enhance-
ment Project, that the Project has been per-
formed in compliance with the terms of the
Public Improvement Contract, and that the
total cost of the completed work is
$1,251,951.19.
Dated this 27111 day of September, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 28th
day of September, 2011.
Kevin S. Firnstahl, City Clerk
Bee Branch Creek Restoration Project —
Acquisition of 511 E. 22nd Street: City Manager
recommending approval to purchase property
required for the Bee Branch Creek Restoration
Project at 511 E. 22nd Street owned by David
A. and Sarah J. Maus for the appraised value
of $50,000. Upon motion the documents were
received and filed and Resolution No. 327 -11
Approving the acquisition of real estate owned
by David A. and Sarah J. Maus in the City of
Dubuque was adopted.
RESOLUTION NO. 327 -11
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY DAVID A. AND SARAH
J. MAUS 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 recom-
mended in the 2001 "Drainage Basin Master
Book 141 Regular Session, October 3, 2011 381
Plan;" and
Whereas, a purchase agreement has been
finalized with the owners 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 legal-
ly described property:
Northeasterly I/2 of Lot 3 in Sanford's Sub-
division in the City of Dubuque, Iowa, accord-
ing to the recorded plat thereof, County of
Dubuque, State of Iowa
At the cost of Fifty Thousand and 00/100
Dollars ($50,000.00).
Section 2. That the City of Dubuque be and
is hereby authorized to accept a Warranty
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
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 is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 3rd day
of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Seventh Street Retaining Wall — Emergen-
cy Repair Authorization: City Manager recom-
mending authorizing emergency repairs to the
retaining wall along 7th Street and the associ-
ated street pavement. Upon motion the docu-
ments were received and filed and Resolution
No. 328 -11 Authorizing emergency repairs to
the retaining wall on 7th Street and associated
street pavement was adopted.
RESOLUTION NO. 328 -11
RESOLUTION AUTHORIZING EMERGENCY
REPAIRS TO THE RETAINING WALL ON
7TH STREET AND ASSOCIATED STREET
PAVEMENT
Whereas, a public retaining wall adjacent
to 7th Street has failed and has damaged the
pavement on 7th Street as the result of the wall
failure; and
Whereas, Iowa Code § 384.103 provides
that when emergency repair of a public im-
provement is necessary and the delay of ad-
vertising and a public letting might cause seri-
ous loss or injury to the city, the governing
body shall, by resolution, make a finding of the
necessity to institute emergency proceedings
and shall procure a certificate from a compe-
tent registered professional engineer or archi-
tect, not in the regular employ of the city, certi-
fying that emergency repairs are necessary,
and that in that event the governing body may
contract for emergency repairs without holding
a public hearing and advertising for bids; and
Whereas, Iowa Code § 364.12(3)(c) pro-
vides that a city may require the removal, re-
pair, or dismantling of a dangerous structure
and if the property owner does not perform the
action, in an emergency a city may perform the
action and assess the costs to the property
owner.
Whereas, the City Council finds that the
condition of the retaining wall is a dangerous
structure and constitutes an emergency and
that an emergency repair of the retaining wall
and adjoining public street supported by the
retaining wall is necessary and the delay of
advertising and a public letting might cause
serious loss or injury to the city; and
Whereas, the City has procured a certifi-
cate from a competent professional engineer
registered in the State of Iowa, not in the regu-
lar employ of the City, certifying that emergen-
cy repairs to the retaining wall and street are
necessary.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council finds that it is
necessary to institute emergency proceedings
to repair the retaining wall along 7th Street in-
cluding the associated street pavement por-
tion.
Section 2. The City Manager is hereby au-
thorized to proceed with instituting such emer-
gency repairs as provided by law.
Passed, adopted and approved this 3rd day
of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Madison Street Retaining Wall — Emergen-
cy Repair Authorization: City Manager recom-
mending authorization for the emergency re-
pair of the Madison Street retaining wall and
associated street pavement and sidewalk por-
tions. Upon motion the documents were re-
ceived and filed and Resolution No. 329 -11
Authorizing emergency repairs to the retaining
wall on Madison Street and the associated
street pavement and sidewalk portions was
adopted.
RESOLUTION NO. 329 -11
RESOLUTION AUTHORIZING EMERGENCY
REPAIRS TO THE RETAINING WALL ON
MADISON STREET AND THE ASSOCIATED
STREET PAVEMENT AND SIDEWALK
PORTIONS
Whereas, a public retaining wall adjacent
382 Regular Session, October 3, 2011 Book 141
to Madison Street has failed and has damaged
the pavement and sidewalk portions along
Madison Street as a result of the wall failure;
and
Whereas, Iowa Code § 384.103 provides
that when emergency repair of a public im-
provement is necessary and the delay of ad-
vertising and a public letting might cause seri-
ous loss or injury to the city, the governing
body shall, by resolution, make a finding of the
necessity to institute emergency proceedings
and shall procure a certificate from a compe-
tent registered professional engineer or archi-
tect, not in the regular employ of the city, certi-
fying that emergency repairs are necessary,
and that in that event the governing body may
contract for emergency repairs without holding
a public hearing and advertising for bids; and
Whereas, Iowa Code § 364.12(3)(c) pro-
vides that a city may require the removal, re-
pair, or dismantling of a dangerous structure
and if the property owner does not perform the
action, in an emergency a city may perform the
action and assess the costs to the property
owner.
Whereas, the City Council finds that the
condition of the retaining wall is a dangerous
structure and constitutes an emergency and
that an emergency repair of the retaining wall
and adjoining public street supported by the
retaining wall is necessary and the delay of
advertising and a public letting might cause
serious loss or injury to the city; and
Whereas, the City has procured a certifi-
cate from a competent professional engineer
registered in the State of Iowa, not in the regu-
lar employ of the City, certifying that emergen-
cy repairs to the retaining wall and street are
necessary.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council finds that it is
necessary to institute emergency proceedings
to repair the retaining wall along Madison
Street including the associated street pave-
ment and sidewalk portions.
Section 2. The City Manager is hereby au-
thorized to proceed with instituting such emer-
gency repairs as provided by law.
Passed, adopted and approved this 3rd day
of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Southwest Arterial / U.S. Highway 20 Traf-
fic Capacity Improvement Study: City Manager
recommending approval for the Mayor to exe-
cute the Iowa Department of Transportation
Funding Agreement for the Southwest Arterial
/ U.S. Highway 20 Traffic Capacity Improve-
ment Study. Upon motion the documents were
received and filed and Resolution No. 330 -11
Approving the Iowa Department of Transporta-
tion Funding Agreement (Agreement No.
2012 -16 -011) for the Southwest Arterial / U.S.
Highway 20 Traffic Capacity Improvement
Study was adopted.
RESOLUTION NO. 330 -11
APPROVING THE IOWA DEPARTMENT OF
TRANSPORTATION FUNDING AGREE-
MENT (AGREEMENT NO. 2012 -16 -011) FOR
THE SOUTHWEST ARTERIAL / U.S. HIGH-
WAY 20 TRAFFIC CAPACITY IMPROVE-
MENT STUDY
Whereas, the City of Dubuque (City) in
joint partnership with the Iowa Department of
Transportation (Iowa DOT) have agreed to
initiate a Traffic Capacity Improvement Loca-
tion Study (Project No. NHSN -20 -9 (215) - -2R-
31) along U.S. Highway 20, between the
Southwest Arterial / Seippel Road interchange
and the Northwest Arterial within Dubuque
County, Iowa; and
Whereas, the Iowa DOT will be the lead
agency for the study per the terms of the fund-
ing agreement; and
Whereas, the Iowa DOT will fund 50% of
the projected study cost and the City will fund
the remaining 50 %.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Funding Agreement
(Agreement No. 2012 -16 -011) between the
City of Dubuque and the Iowa Department of
Transportation be approved for the Southwest
Arterial / U.S. Highway 20 Traffic Capacity
Improvement Study in Dubuque.
Section 2. That the Mayor be authorized
and directed to execute two copies of Iowa
DOT Funding Agreement (Agreement No.
2012 -16 -011) for the Southwest Arterial / U.S.
Highway 20 Traffic Capacity Improvement
Study in Dubuque.
Passed, approved and adopted this 3rd day
of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Terracon Consultants, Inc. — Monitoring
Well Installations: City Manager recommend-
ing approval to execute a License Agreement
for Site Assessments for the monitoring well
installation on City property located at 25 Main
Street by Terracon Consultants, Inc. Upon
motion the documents were received, filed and
Resolution No. 342 -11 Authorizing license
agreement for site assessment between the
City of Dubuque and Terracon Consultants,
Inc., to install monitoring wells on public right -
of -way at 25 Main Street was adopted.
Book 141 Regular Session, October 3, 2011 383
RESOLUTION NO. 342 -11
AUTHORIZING LICENSE AGREEMENT FOR
SITE ASSESSMENT BETWEEN THE CITY
OF DUBUQUE AND TERRACON CON-
SULTANTS, INC. TO INSTALL MONITOR-
ING WELLS ON PUBLIC RIGHT -OF -WAY AT
25 MAIN STREET
Whereas, Terracon Consultants, Inc., (Ter -
racon) on behalf of Phillip Services Corpora-
tion (PSC) and Earthgrains Baking Companies
(Earthgrains), has requested permission from
the City of Dubuque to install four monitoring
wells on City right -of -way 25 Main Street in-
cluding Main, Harrison and Jones Streets in
Dubuque, Iowa, for the purpose of evaluating
impacted groundwater that may be associated
with the previously removed diesel tanks; and
Whereas, the License Agreement for Site
Assessment has been prepared outlining the
responsibilities of Terracon for the installation
of monitor wells and in the performance of
water sampling on public right -of -way; and
Whereas, the performance of the activities
of Terracon will be at no cost or expense to the
City, and all work will be performed by Terra -
con, or its employees, agents or subcontrac-
tors; and
Whereas, it is the desire of the City Council
to approve said License Agreement for Site
Assessment for the installation of monitoring
wells in the public right -of -way as requested.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The License Agreement for Site
Assessment be and the same is hereby ap-
proved.
Section 2. That the Mayor be and is hereby
authorized to execute said License Agreement
for and on behalf of the City Council.
Passed, approved and adopted this 3rd day
of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Historic Preservation Commission — 1699
Iowa Street: Communication from the Historic
Preservation Commission recommending City
Council approval of a request to replace a sec-
tion of damaged limestone curb with concrete
steps along W.17th Street adjacent to property
at 1699 Iowa Street. Upon motion the docu-
ments were received, filed, and approved.
Smart Planning Consortium Update: City
Manager transmitting an update on the August
10, August 24 and September 14, 2011 Smart
Planning Consortium meetings; and minutes of
the August 10 and August 24, 2011 meetings
including Land Use Goals and Objectives, and
Community Population Projections. Upon mo-
tion the documents were received and filed.
Safe Routes to School — Project Funding:
City Manager recommending approval to file
an application with the Iowa Department of
Transportation for a Safe Routes to School
Infrastructure Grant to fund durable, high -
visibility crosswalks at 44 school locations for a
total project cost of $163,760. Upon motion the
documents were received and filed and Reso-
lution No. 331 -11 Authorizing the filing of an
application with the Iowa Department of
Transportation for Safe Routes to School In-
frastructure Grant funding for the City of
Dubuque was adopted.
RESOLUTION NO. 331 -11
AUTHORIZING THE FILING OF AN APPLI-
CATION WITH THE IOWA DEPARTMENT
OF TRANSPORTATION FOR SAFE ROUTES
TO SCHOOL INFRASTRUCTURE GRANT
FUNDING FOR THE CITY OF DUBUQUE
Whereas, pedestrian /motorist safety could
be improved in City of Dubuque school zones
by traffic control devices; and
Whereas, the City of Dubuque has deter-
mined that improvements to school zones, as
recommended by the Safe Routes to School
Master Plan and Committee Members (City,
County, ECIA, Dubuque Community School
District, and Holy Family School Representa-
tives) will improve pedestrian and motorist
safety; and
Whereas, the Iowa Department of Trans-
portation provides, on a competitive basis,
funds for school zones that address pedestri-
an /motorist safety improvements; and
Whereas, the City of Dubuque is willing to
be responsible for maintaining and operating
the public improvements for a minimum of 10
years.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. The City makes application to
the Iowa Department of Transportation for
funds through the Safe Routes to School Infra-
structure Grant Program to fund the improve-
ments at school locations identified by the
Safe Routes to School Master Plan.
Passed, approved and adopted this 3rd day
of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Safe Routes to School — Infrastructure
Grant: City Manager transmitting a letter of
support for the City of Dubuque's application
for the Safe Routes to School Infrastructure
Grant. Upon motion the document was re-
ceived and filed.
384 Regular Session, October 3, 2011 Book 141
Safe Routes to School — Non - Infrastructure
Grant: City Manager transmitting a letter of
support for the City of Dubuque's application
for the Safe Routes to School Non -
Infrastructure Grant. Upon motion the docu-
ment was received and filed.
Dubuque Police Protective Association:
City Manager transmitting information on the
arbitration awarded to the Dubuque Police
Protective Association. Upon motion the doc-
uments were received and filed.
Special Assessment — 1906 Catherine
Street: City Manager recommending approval
to establish a lien in the amount of $2,873.61
against Tammy Parker, 1906 Catherine Street,
for non - payment of a Settlement Order. Upon
motion the documents were received and filed
and Resolution No. 332 -11 Adopting the
Schedule of Special Assessment for a lien
against the property and directing the City
Clerk to certify the Schedule of Assessment to
the County Treasurer and to publish notice
thereof was adopted.
RESOLUTION NO. 332 -11
ADOPTING THE SCHEDULE OF SPECIAL
ASSESSMENT FOR A LIEN AGAINST THE
PROPERTY AND DIRECTING THE CITY
CLERK TO CERTIFY THE SCHEDULE OF
ASSESSMENT TO THE COUNTY TREAS-
URER AND TO PUBLISH NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the Sched-
ule of Assessments attached hereto for non-
payment of Court order payments assess-
ments which Schedule of Assessments was
filed in the office of the City Clerk on the 28th
day of September, 2011, the said Schedule of
Assessments be and the same is hereby ap-
proved and adopted.
That there be, and is hereby assessed and
levied as a lien upon the real property, the
respective sums indicated.
That the City Clerk be and is hereby di-
rected to certify said schedule to the County
Treasurer of Dubuque County, Iowa, and to
publish notice of said certification once each
week for two consecutive weeks in the manner
provided in Iowa Code § 362.3, the first publi-
cation of which shall be not more than fifteen
days from the date of filing of the final sched-
ule. On or before the date of the second publi-
cation of the notice, the City Clerk shall also
mail a copy of said notice to property owners
whose property is subject to assessment, as
provided and directed in Iowa Code § 384.60.
The assessments may be paid in full or in
part without interest at the Utility Billing Office,
City Hall, 50 W. 13th Street, Dubuque, Iowa, at
any time within 30 days after the date of the
first publication of the notice of the filing of the
Schedule of Assessments with the County
Treasurer. After 30 days, unpaid assessments
are payable at the County Treasurer's Office,
Dubuque County Courthouse, 720 Central
Avenue, Dubuque, Iowa, and charges shall be
collected in the same manner as general
property taxes against the respective parcels
of the property set opposite the name of the
property owner.
Passed, approved and adopted this 3rd day
of October, 2011.
Roy D. Buol, Mayor
Attest, Kevin Firnstahl, City Clerk
Washington Neighborhood — Housing Trust
Fund Application: City Manager recommend-
ing approval of a grant application to the Iowa
Finance Authority for $132,637 for continued
support for homeownership activities in the
Washington Neighborhood. Upon motion the
documents were received and filed and Reso-
lution No. 333 -11 Approving commitment of
matching funds for an application to the Iowa
Finance Authority (IFA) for State Housing
Trust funds was adopted.
RESOLUTION NO. 333 -11
APPROVING COMMITMENT OF MATCHING
FUNDS FOR AN APPLICATION TO THE
IOWA FINANCE AUTHORITY (IFA) FOR
STATE HOUSING TRUST FUNDS
Whereas, the Iowa Finance Authority has
recognized Dubuque's Housing Trust Fund
Committee as a certified Local Housing Trust
Fund; and
Whereas, IFA has made funding available
in state -wide competition to local trust funds
for State Housing Trust Fund grants, in
amounts based on population size; and
Whereas, a 25% local match is required for
receipt of a funding award; and
Whereas, the Housing Trust Fund Commit-
tee has authorized an application to IFA for a
Housing Trust Fund award, in the amount of
$132 637; and
Whereas, General Funds committed to the
Washington Neighborhood revitalization initia-
tive are available in the current year Housing
Department budget in sufficient amount to
meet the matching funds requirement.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves commitment of $33 500 in current
year General Funds as a match to the applica-
tion for IFA State Housing Trust Funds.
Section 2. That the Housing Trust Fund
Committee, in accordance with Sec. 2 -5D -7 of
Book 141 Regular Session,
October 3, 2011 385
the Code of Ordinances, shall have final au-
thority to direct how such funds shall be used
in support of revitalization activities in the
Washington Neighborhood.
Passed, approved and adopted this 3rd day
of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
Shelter Plus Care Program: City Manager
recommending approval of a renewal applica-
tion to the US Department of Housing and
Urban Development (HUD) for administration
of the Shelter Plus Care Program. Upon mo-
tion the documents were received, filed, and
approved.
Hillcrest Family Services: City Manager
recommending approval of a Usage Agree-
ment with Hillcrest Family Services for the use
of Murphy Park from October 30, 2011 through
January 10, 2012 to set up a holiday light dis-
play. Upon motion the documents were re-
ceived, filed, and approved.
Assistance to Firefighters Grant: City Man-
ager recommending approval to apply for the
2011 Assistance to Firefighters Grant in the
amount of $204,000 for a video conferencing
system (telepresence) for all six fire stations
and the Training Center /EOC. Upon motion
the documents were received, filed, and ap-
proved.
Civil Service Commission: Civil Service
Commission submitting the Certified Lists for
the positions of Assistant Horticulturalist,
Equipment Operator II, and Landfill Equipment
Operator. Upon motion the documents were
received, filed and made a Matter of Record.
September 8, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Assistant Horticulturist was administered on
August 16, 2011. We hereby certify that the
individuals listed below have passed this writ-
ten examination and the vacancy for this posi-
tion should be made from this list and that this
list is good for two (2) years from above date.
Assistant Horticulturist
49. Joel Leach
50. James Sparrgrove
51. Brian Dorch
52. Katherine Eldridge -Hutton
53. Lucas Gonyier
54. James Bowden
55. Barbara Liska
56. Tracy Heuschel
57. Mark Meyer
58. Jakob Popp
59. Chris Turtschen
60. Jeffrey Carney
61. Matt Lansing
62. BreAnn Nesteby
63. Zachary Schueller
64. Kelly Goosen
65. Jay White
Respectfully submitted,
Jim Schilling
Betty Takes,
Civil Service Commission
September 8, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Equipment Operator II was administered on
August 22, 2011. We hereby certify that the
individuals listed below have passed this writ-
ten examination and the vacancy for this posi-
tion should be made from this list and that this
list is good for two (2) years from above date.
Equipment Operator II
17. Gary Valentine
18. Mark Meyer
19. Paul Dement
20. Jerome Ben
21. Matt Cooper
22. David Healey
Respectfully submitted,
Jim Schilling
Betty Takes,
Civil Service Commission
September 8, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Landfill Equipment Operator was adminis-
tered on August 10, 2011. We hereby certify
that the individuals listed below have passed
this written examination and the vacancy for
this position should be made from this list and
that this list is good for two (2) years from
above date.
Landfill Equipment Operator
1. John Kruse
2. James Sparrgrove
3. Timothy Neuhaus
4. Shannon Clark
5. Daniel Mayne
386 Regular Session, October 3, 2011 Book 141
6. Paul Schreier
7. Jay Valentine
8. Brian Digman
9. Michael Gruber
10. Patrick Donovan
11. Jesse Kremer
12. Charles Thomas
13. Daniel Waller
14. William Gansen
15. Brad Petitgout
16. Allen Polfer
17. Greg Griffin
Respectfully submitted,
Jim Schilling
Betty Takes,
Civil Service Commission
Workers' Compensation Compromise Set-
tlements: City Attorney requesting approval for
the City Manager to execute two Compromise
Settlements of Workers' Compensation claims
for Terry K. Dolan. Upon motion the docu-
ments were received, filed, and approved.
Sustainable Dubuque — Project Status Re-
port: City Manager transmitting the Sustaina-
ble Dubuque Project Status Report for Sep-
tember 2011. Upon motion the documents
were received and filed.
Plastic Center, Inc. — First Amendment to
Development Agreement: City Manager rec-
ommending approval of the First Amendment
to the Development Agreement with Plastic
Center, Inc., on the properties located at 426
W. 5th Street and 951, 955, and 957 Main
Street in downtown Dubuque. The First
Amendment to the Development Agreement
extends the deadline for completion of con-
struction from October 31, 2011 to April 30,
2012. Upon motion the documents were re-
ceived and filed and Resolution No. 334 -11
Approving the First Amendment to the Plastic
Center, Inc., Development Agreement was
adopted.
RESOLUTION NO. 334 -11
APPROVING THE FIRST AMENDMENT TO
THE PLASTIC CENTER, INC. DEVELOP-
MENT AGREEMENT
Whereas, a Development Agreement (the
Agreement), dated February 7, 2011, was en-
tered into by and between the City of Dubu-
que, a municipal corporation of the State of
Iowa (City), and Plastic Center, Inc. (Develop-
er); and
Whereas, City and Plastic Center, Inc. now
desire to amend the Development Agreement
as set forth attached First Amendment.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the First Amendment of the
Plastic Center, Inc. Development Agreement is
hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute said First
Amendment 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 Manager is author-
ized to take such actions as are necessary to
implement the terms of the First Amendment
as herein approved.
Passed, approved and adopted this 3rd day
of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Dubuque Regional Airport — Reappropria-
tion of Funds: City Manager recommending
approval to reallocate CIP funds to pay for the
removal and replacement of the existing roof
of the University of Dubuque hangar ($45,640)
and the current furnace and air conditioning
unit for the Fixed Base Operation area of the
Jet Center Building ($11,517). Upon motion
the documents were received, filed, and ap-
proved.
Acting Lead Public Safety Dispatcher —
Collective Bargaining Amendment: City Man-
ager recommending approval of an amend-
ment to the Collective Bargaining Agreement
with the International Union of Operating Engi-
neers Local #234, which provides for an addi-
tional $1.00 per hour of compensation to a
public safety dispatcher who is placed in
charge of a shift when there is no lead public
safety dispatcher on duty. Upon motion the
documents were received, filed, and approved.
Iowa Mississippi River Parkway Commis-
sion: City Manager transmitting the Iowa Mis-
sissippi River Parkway Commission Annual
Report from August 2011. Upon motion the
document was received and filed.
Alcohol Compliance — Civil Penalties for
Alcohol License Holders - Bandana's Bar -B -Q:
City Manager recommending approval of the
Acknowledgement / Settlement Agreement for
an alcohol compliance violation for Bandana's
Bar -B -Q. Upon motion the documents were
received, filed, and approved.
Lklaor Lipase Funds Cates General Shore Nos
2420 and 2421 requesting a ref rd on Class 'C' Beer Pant
vdh Nati✓e Wne Lberee Nos B000274551 and EW074
each in tie amount of $56.25 Upon action the dccun crib
were reared, fled( and apprzNed.
Book 141 Regular Session, October 3, 2011 387
Liquor License Applications: City Manager
recommending approval of annual liquor li-
cense renewals and cigarette permit applica-
tions as submitted. Upon motion the docu-
ments were received and filed and Resolution
No. 335 -11 Granting the issuance of a Class
"C" Beer /Liquor License to Denny's Lux Club,
Loras College Athletic and Wellness Center,
Carlos O'Kelly's Mexican Restaurant, Fiesta
Cancun Restaurant; and a Special Class "C"
Liquor License (5 -Day Special Event) to the
Dubuque Art Center; Resolution No. 336 -11
Granting the issuance of a Class "C" Beer
Permit to Friendly Locust Mart, Hy -Vee Gas
#2, and Aldi, Inc., #30; and Resolution No.
337 -11 Granting the issuance of a new ciga-
rette permit to Unforgiveable Records were
adopted.
RESOLUTION NO. 335 -11
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
nances 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
Kelly Oppelt, Denny's Lux Club +(Sunday
Sale), 3050 Asbury Rd.
ARMARK Educational Service, Loras Col-
lege Athletic. & Wellness Center +(Sunday
Sale), 1600 Cox St.
Carlos O'Kelly's Inc., Carlos O'Kelly's Mex-
ican Rest. +(Sunday Sale), 1355 Associates
Fiesta Cancun Auth. Mexican , Fiesta
Cancun Restaurant +(Sunday & Outdoor
Sale), 2515 -1 NW Arterial
SPECIAL CLASS "C" LIQUOR LICENSE (5-
DAY SPECIAL EVENT)
Dubuque Art Center, Inc., Dubuque Alt
Center, 700 Locust St 2od Floor
CLASS "B" WINE
Aldi, Inc., Aldi, Inc. # 30, 2160 Holliday Dr.
Passed, approved and adopted this 3rd
day of October, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 336 -11
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
ined 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
CLASS "C" BEER PERMIT
Awn Stop Mart, Inc. # 3, Friendly Locust
Mart +(Sunday Sale), 408 W. Locust St.
Hy -Vee, Inc., Hy -Vee Gas # 2 +(Sunday
Sale), 2435 NW Arterial
Aldi, Inc., Aldi, Inc. # 30 +(Sunday Sale),
2160 Holliday Dr.
Passed, approved and adopted this 3rd
day of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 337 -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 Ciga-
rettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Ciga-
rette Papers within said City.
NEW
Unforgivable Records, Jonathan L. Eagle,
375 Bluff St.
Passed, approved and adopted this 3rd
day of October, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
North Grandview Estates — Partial Release
of Mortgage: City Attorney recommending par-
tial release of real estate mortgage for Lot 6
and authorize the Mayor to sign it on behalf of
the City. Upon motion the documents were
received, filed, and approved.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Braig. Motion carried 7 -0
Timber -Hyrst Place No. 3: City Manager
recommending setting a public hearing for
October 17, 2011 to consider releasing exist-
388 Regular Session, October 3, 2011 Book 141
ing utility storm sewer and access easements
on Lot 2 of Timber -Hyrst Place No. 3. Upon
motion the documents were received and filed
and Resolution No. 338 -11 Resolution of Intent
to dispose of and release an access, utility and
storm sewer easement on Lot 2 of Timber -
Hyrst Place No. 3 in the City of Dubuque, Io-
wa, was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on October
17, 2011 in the Historic Federal Building.
RESOLUTION NO. 338 -11
RESOLUTION OF INTENT TO DISPOSE
AND RELEASE AN ACCESS, UTILITY AND
STORM SEWER EASEMENT ON LOT 2 OF
TIMBER -HYRST PLACE NO. 3 IN THE CITY
OF DUBUQUE, IOWA
Whereas, Thomas J. King III and Julie M.
King are the current owners of Lot 2 of Timber -
Hyrst Place No. 3 in the City of Dubuque, Io-
wa; and
Whereas, a 20 -foot wide storm sewer and
utility easement and a 25 -foot wide access
easement is currently platted on said lot and
recorded as Instrument Nos. 2008 -6368 and
2007 -13839 respectively; and
Whereas, Thomas J. King III and Julie M.
King have petitioned to vacate and release the
existing easements in said lot.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque in-
tends to dispose of its interest and release an
existing 20 -foot wide storm sewer and utility
easement and a 25 -foot wide access ease-
ment on Lot 2 of Timber -Hyrst Place No. 3 in
the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is
hereby authorized and directed to cause a
notice of intent to dispose of said real estate to
be published in the manner as prescribed by
law.
Passed, approved and adopted this 3rd day
of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
City Hall HVAC System Improvements Pro-
ject: City Manager recommending initiation of
the public bidding procedures for the City Hall
HVAC System Improvements Project and set-
ting a public hearing for October 17, 2011.
Upon motion the documents were received
and filed and Resolution No. 339 -11 Prelimi-
nary 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 (City Hall HVAC Sys-
tem Improvement Project) was adopted setting
a public hearing for a meeting to commence at
6:30 p.m. on October 17, 2011 in the Historic
Federal Building.
RESOLUTION NO. 339 -11
CITY HALL —HVAC SYSTEM IMPROVE-
MENTS PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of
contract and estimated cost for the City Hall -
HVAC System Improvements Project in the
estimated amount $600,000, are hereby pre-
liminarily approved and ordered filed in the
office of the City Clerk for public inspection.
A public hearing will be held on the 21st
day of November 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 cir-
culation 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 inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The City Hall —HVAC System Improve-
ments Project is hereby ordered to be adver-
tised for bids for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements 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
before 2:00 p.m. on the 3rd day of November,
2011. Bids shall be opened and read by the
City Clerk at said time and will be submitted to
the City Council for final action at 6:30 p.m. on
the 21s day of November, 2011, in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 3rd day
Book 141 Regular Session, October 3, 2011 389
of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS /COMMISSIONS
Applicants were invited to address the City
Council regarding their desire to serve on the
following Boards /Commissions:
Environmental Stewardship Advisory
Commission: One 3 -year term through Octo-
ber 1, 2014 (expiring term of Klostermann).
Applicants: Wayne Klostermann, 3254 Lake
Ridge Drive; and Stacy Splittstoesser, 1694
Radford Road. Ms. Splittstoesser spoke in
support of her appointment.
Long Range Planning Advisory Commis-
sion: One 3 -year term through July 1, 2014
(vacant term of Braig). Applicant: Craig Bey -
tien, 1091 Valentine Drive. Mr. Beytien spoke
in support of his appointment.
Appointments to the following
Boards/Commission: Civic Center Advisory
Commission. One 3 -year term through June,
29, 2013 (vacant term of Fields). Applicant:
Jody Willenborg, 3497 Hillcrest Road, #2. Mo-
tion by Connors to appoint Jody Willenborg to
a 3 -year term on the Civic Center Advisory
Commission through June 29, 2013. Second-
ed by Resnick. Motion failed 3 -4 with Braig,
Buol, Jones, and Lynch voting nay.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
Dubuque Regional Airport — Conservation
Easement: Proof of publication on notice of
public hearing to consider disposal of an inter-
est in City -owned property as set forth in the
Declaration of Conservation Covenants and
Restrictions Conservation Easement on the
specified property at the Dubuque Regional
Airport and the City Manager recommending
approval. Motion by Jones to receive and file
the documents and approve the recommenda-
tion. Seconded by Connors. Responding to
questions from the City Council, Airport Man-
ager Bob Grierson clarified the purpose of and
the area affected by the Declaration, which will
allow the new terminal project to progress.
Motion carried 7 -0.
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
Dubuque Convention and Visitors Bureau:
Director Keith Rahe provided a verbal update
on the past activities, tourism, and goals of the
Dubuque Convention and Visitors Bureau.
Motion by Lynch to receive and file the infor-
mation. Seconded by Jones. Motion carried 7-
0.
Eagle Point Solar -1, LLC — Lease and
Power Purchase Agreement: City Manager
recommending rescinding the previous Li-
cense and Power Purchase Agreement with
Eagle Point Engergy -1, LLC and adopting a
Lease /Purchase of the solar equipment for the
roof of the Municipal Services Center on
Kerper Court. Motion by Connors to receive
and file the documents and adopt Resolution
No. 340 -11 Approval of a License and Power
Purchase Agreement between the City of
Dubuque, Iowa, and Eagle Point Energy -1
LLC, an Iowa Limited Liability Company. Se-
conded by Jones. Responding to questions
from City Council, Assistant Economic Devel-
opment Director Aaron DeJong and the City
Manager stated that the agreement provides a
benefit and savings to the City, and supports a
local business despite the life span of the
technology. Motion carried 6 -1 with Resnick
voting nay.
RESOLUTION NO. 340 -11
APPROVAL OF A LICENSE AND POWER
PURCHASE AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND EAGLE
POINT ENERGY — 1, LLC AN IOWA LIMITED
LIABILITY COMPANY
Whereas, the City of Dubuque, Iowa (City)
is the owner of the real property legally de-
scribed as follows:
Roof space above the land commonly
known as the western side of the roof
located at 925 Kerper Court, Dubu-
que, Iowa, legally described as Lot 2
of 2 of Kerper Industrial Park in the
City of Dubuque, Iowa; and
Whereas, Eagle Point Energy — 1, LLC.
desires to license a part of the property to in-
stall solar panels at the facility; and
Whereas, a License and Power Purchase
Agreement between the City of Dubuque and
Eagle Point Energy — 1, LLC was approved by
Resolution 251 -11 on August 1, 2011; and
Whereas, City and Eagle Point Energy — 1,
LLC. have negotiated a new Lease for Solar
Photovoltaic Equipment which will replace the
original License and Power Purchase Agree-
ment; and
Whereas, the City Council believes it is in
the best interest of the City of Dubuque to ap-
prove the Lease for Solar Photovoltaic Equip-
ment.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
390 Regular Session, October 3, 2011 Book 141
Section 1. That Resolution 251 -11 approv-
ing the License and Power Purchase Agree-
ment is rescinded.
Section 2. The City of Dubuque approves
the Lease of Solar Photovoltaic Equipment
with Eagle Point Energy — 1, LLC and the City
Manager is authorized to execute said lease on
behalf of the City of Dubuque.
Passed, approved and adopted this 3rd day
of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Tenant Criminal Background Check Pro-
gram: City Manager recommending an addi-
tional $38,300 be allocated for continued crim-
inal background check fees through the rest of
Fiscal Year 2012. Motion by Jones to receive
and file the documents and approve the rec-
ommendation. Seconded by Connors. Re-
sponding to questions from City Council, Po-
lice Chief Mark Dalsing stated that the back-
ground information is kept on file for 30 days
and that landlords have the final decision on
tenant selection. Council Member Braig ques-
tioned if there could be consequences for land-
lords who do not attend training sessions. Mo-
tion carried 7 -0.
Lower Bee Branch Creek Restoration Pro-
ject — I -JOBS II Grant Amendment: City Man-
ager recommending approval of an amend-
ment to the I -JOBS II Grant Agreement for the
Bee Branch Creek Restoration Project. Motion
by Connors to receive and file the documents
and adopt Resolution No. 341 -11 Authorizing
the execution of the First Amendment to the
grant agreement with the Iowa Jobs Board and
the Iowa Finance Authority as required for the
City's receipt of $3,965,000 in State I -JOBS
funding for the Lower Bee Branch Creek Res-
toration Project. Seconded by Braig. Motion
carried 7 -0.
RESOLUTION NO. 341 -11
AUTHORIZING THE EXECUTION OF THE
FIRST AMENDMENT TO THE GRANT
AGREEMENT WITH THE IOWA JOBS
BOARD AND THE IOWA FINANCE AU-
THORITY AS REQUIRED FOR THE CITY'S
RECEIPT OF $3,965,500 IN STATE I -JOBS
FUNDING FOR THE LOWER BEE BRANCH
CREEK RESTORATION PROJECT.
Whereas, in 1999, 2002, 2004, AND 2010
heavy rains produced flood damage spurring
Presidential Disaster Declarations for Dubuque
County; and
Whereas, the Lower Bee Branch Creek
Restoration Project has been identified as one
of a series of projects to provide relief from
property damage due to flooding to 1,150 resi-
dents in the City of Dubuque; and
Whereas, the Iowa Legislature and the
Governor of Iowa pursuant to 2010 Iowa Acts
Senate File 2389 (the "2010 Act ") created the
Iowa Jobs 11 program to assist in disaster pre-
vention construction projects; and
Whereas, the City of Dubuque (the "City ")
submitted an application (the "Application ") to
the Iowa Jobs board requesting assistance in
financing for the Lower Bee Branch Creek
Restoration Project (the "Project "); and
Whereas, the City, at Iowa Jobs' request,
identified out of the total Project cost of ap-
proximately $15.1 million, approximately $7.5
million in new construction costs critical to dis-
aster prevention; and
Whereas, Iowa Jobs scored the application
and made a determination to award a grant of
$3,965,500.00 (the "Grant ") pursuant to the
Iowa Jobs 11 Program; and
Whereas, the Board, The Authority and the
City (collectively, the "Parties ") entered into a
Grant Award Agreement (the "Agreement ")
with an effective date of December 1, 2010;
and
Whereas, the Parties have agreed that the
Grant was calculated based on the critical new
construction costs and that accordingly the
Applicable Percentage should be calculated
based on the cost of the critical new construc-
tion for disaster prevention; and
Whereas, the Parties have further agreed
to include as part of the consideration con-
tained in the Agreement that the entire Resto-
ration of Bee Branch Creek (the "Bee
Branch "), consisting of the Project known as
the Lower Bee Branch and the Upper Bee
Branch (not a part of the Project), as further
described in the attached Exhibit J, should be
constructed; and
Whereas, the Parties have determined that
certain amendments to the Agreement are in
order; and
Whereas, it is in the best interest of the
City to amend the Agreement as required for
the City's receipt of the grant funding.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Manager is authorized to execute
the First Amendment to Iowa Jobs 11 Program
Grant Award Agreement as required for the
City's receipt of $ 3,965,500 I -JOBS 11 grant
funds for the Lower Bee Branch Creek Resto-
ration Project.
Passed, approved and adopted this 3rd day
of October, 2011.
Book 141 Regular Session
October 17, 2011 391
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Request for Work Session - Sustainable
Dubuque Quarterly Report: City Manager re-
questing scheduling a work session on Monday,
Nsverrter 7,111 at SOD p.m cn the &babe LUkugre
Quakerly *lathe Min byCcnnas ad flee do&
uncrlsad set tle work session ravrrrerdeclSaznrxed
byBrag Mdgncaned7 -0.
Julien Dubuque's - 250th Birthday Anniver-
sary Committee: City Manager transmitting
correspondence from the National Mississippi
River Museum and Aquarium requesting a City
representative for the committee to celebrate
the 250th anniversary of Julien Dubuque's
birth. Motion by Connors to receive and file the
documents and appoint Council Member Karla
Braig to the committee. Seconded by Resnick.
Motion carried 7 -0.
City Clerk Salary Compensation: Motion by
Connors to table the item to after a recess.
Seconded by Resnick. Motion carried 7 -0.
The City Council recessed from 7:51 p.m.
to 8:17 p.m. to discuss the City Clerk Salary
Compensation in a non - public meeting pursu-
ant to Chapter 20.9 of the Iowa Open Meetings
Law.
City Clerk Salary Compensation: Motion by
Lynch to remove from the table. Seconded by
Connors. Motion carried 7 -0.
Motion by Jones to receive and file the in-
formation and set the City Clerk's salary com-
pensation at $84.052 annually with vacation
accrual at four weeks retroactive to September
6, 2011, with step increases based on evalua-
tions and achievement of office goals. Se-
conded by Braig. Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Jones asked that the correspondence pro-
vided to City Council from the Board of Direc-
tors for the Veterans' Freedom Center request-
ing assistance with the need for additional
space be submitted to a future agenda adding
that if anyone is able to help in the meantime
to contact the Veterans' Freedom Center.
Resnick complimented the Dubuque Sym-
phony Orchestra for their good work and
thanked the citizens for their support of the
Orchestra and area arts.
There being no further business, upon mo-
tion the City Council adjourned at 8:21 p.m.
/s/Kevin S. Firnstahl
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
The Dubuque City Council met it regular
session on October 17, 2011 at 6:30 p.m. in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney
Lindahl
Mayor Buol read the call and stated this is
a regular session of the City Council to con-
duct such business that may properly come
before the Council.
Pledge of Allegiance
Invocation was provided by Deacon Tim
LoBianco of Resurrection Catholic Church
PROCLAMATIONS
Dubuque Make -a- Difference Day (October
22, 2011) was accepted by Tom Stovall. Op-
eration: New View Community Action Agency,
1473 Central Avenue and representatives of
the Make a Difference Committee; Veterans'
Appreciation Month (November 2011) was
accepted by Glen Gassman, Iowa Workforce
Development, 680 Main Street.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Braig
requested ( #16) WMK Investment Properties —
Wild Rose Lane be held for separate discus-
sion. Motion carried 7 -0.
Minutes and Reports Submitted: City
Council of 10/3; Human Rights Commission of
8/10 and 9/28; Human Rights/Transit/Housing
Summit of 8/15; Library Board of Trustees of
2/24, 3/24, 4/28, and 5/26; Zoning Advisory
Commission of 10/5
Proofs of publication for City Council Pro-
ceedings of September 19, 2011; and List of
Claims and Summary of Revenues for month
ended August31, 2011.
Upon motion the documents were received
and filed.
Notice of Claims /Suits: Claim by Jennifer
Burkart for vehicle damage, Donald Miller for
property damage, Dennis and Catherine Mohr
392 Regular Session October 17, 2011 Book 141
for property damage, Rahkee Norman for ve-
hicle damage, Rose Schaepe for vehicle dam-
age, Ronald Schnee for personal inju-
ry /property damage, Chelsea Smith for vehicle
damage, Terryl Stewart for vehicle damage,
Brendan Quann 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 Com-
munities Assurance Pool: Jennifer Burkart for
vehicle damage, Donald Miller for property
damage, Dennis and Catherine Mohr for prop-
erty damage, Ronald Schnee for personal inju-
ry /property damage, Chelsea Smith for vehicle
damage, Brendan Quann for property damage.
Upon motion the documents were received,
filed and concurred.
2011 Drain Tile Program: City Manager
recommending that the award for the 2011
Drain Tile Project be officially recorded in the
minutes of the City Council. Upon motion the
documents were received, filed, and made a
Matter of Record.
Blanche Avenue Resurfacing Project: City
Manager recommending that the award for the
Blanche Avenue Resurfacing Project be offi-
cially recorded in the minutes of the City
Council. Upon motion the documents were
received, filed, and made a Matter of Record.
Plat of Survey — Bee Branch Subdivision
No 1: City Manager recommending approval of
the Plats of Survey of Lots 1 -1, 2 -1, 1 -2 and 2-
2 of Bee Branch Subdivision No. 1. Upon mo-
tion the documents were received and filed
and Resolution No. 343 -11 Approving Plat of
Survey of Lot 1 -1 and Lot 2 -1 of Bee Branch
Subdivision No. 1 in the City of Dubuque,
Dubuque County, Iowa; and Resolution No.
344 -11 Approving Plat of Survey of Lot 1 -2
and Lot 2 -2 of Bee Branch Subdivision No. 1 in
the City of Dubuque, Dubuque County, Iowa,
were adopted.
RESOLUTION 343 -11
APPROVING PLAT OF SURVEY OF LOT 1 -1
AND LOT 2 -1 OF BEE BRANCH SUBDIVI-
SION NO. 1 IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, a
plat dated the 4th day of October, 2011, pre-
pared by Buesing & Associates describing the
subdivision of Lot 1 of Bee Branch Subdivision
No. 1 to be hereinafter known as Lot 1 -1 and
Lot 2 -1 of Bee Branch Subdivision No. 1 in the
City of Dubuque, Dubuque County, Iowa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 4th day of
October, 2011, prepared by Buesing & Asso-
ciates relative to the real estate hereinabove
described be and the same is hereby ap-
proved, and the Mayor and City Clerk be and
they are hereby authorized and directed to
execute said plat for and on behalf of the City
of Dubuque, Iowa.
Section 2. That the City Clerk be and is
hereby authorized and directed to file said plat
and certified copy of this resolution in the office
of the Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this 17th
day of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 344 -11
APPROVING PLAT OF SURVEY OF LOT 1 -2
AND LOT 2 -2 OF BEE BRANCH SUBDIVI-
SION NO. 1 IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, a
plat dated the 4th day of October, 2011, pre-
pared by Buesing & Associates describing the
subdivision of Lot 2 of Bee Branch Subdivision
No. 1 to be hereinafter known as Lot 1 -2 and
Lot 2 -2 of Bee Branch Subdivision No. 1 in the
City of Dubuque, Dubuque County, Iowa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 4th day of
October, 2011, prepared by Buesing & Asso-
ciates relative to the real estate hereinabove
described be and the same is hereby ap-
proved, and the Mayor and City Clerk be and
they are hereby authorized and directed to
execute said plat for and on behalf of the City
of Dubuque, Iowa.
Section 2. That the City Clerk be and is
hereby authorized and directed to file said plat
and certified copy of this resolution in the office
of the Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this 17th
day of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Sanitary Sewer Easement — Middle Fork
Catfish Creek: City Manager recommending
acceptance of a sanitary sewer easement from
Book 141 Regular Session October 17, 2011 393
Ricky Rhomberg for the Middle Fork Catfish
Creek interceptor sewer (1572 Old Mill Road).
Upon motion the documents were received
and filed and Resolution No. 345 -11 Accepting
the grant of an easement for sanitary sewer
through, under and across parts of Lot 1 of
Mineral Lot 7, Lot 1 of 1 and Lot 2 of Mineral
Lot 512, Lot 10 of Mineral Lot 501, Lots 1, 2,
13 and 14 of Rockdale, and the north one -half
and south one -half of a vacated street abutting
Lots 1, 2, 13 and 14 of Rockdale and also
abutting Lot 10 of Mineral Lot 501 all in the
City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 345 -11
ACCEPTING THE GRANT OF AN EASE-
MENT FOR SANITARY SEWER THROUGH,
UNDER AND ACROSS PARTS OF LOT 1 OF
MINERAL LOT 7, LOT 1 OF 1 AND LOT 2 OF
MINERAL LOT 512, LOT 10 OF MINERAL
LOT 501, LOTS 1, 2, 13 AND 14 OF ROCK -
DALE, AND THE NORTH ONE -HALF AND
SOUTH ONE -HALF OF A VACATED
STREET ABUTTING LOTS 1, 2, 13 AND 14
OF ROCKDALE AND ALSO ABUTTING LOT
10 OF MINERAL LOT 501 ALL IN THE CITY
OF DUBUQUE, IOWA
Whereas, Ricky R. Rhomberg has execut-
ed a Grant of Easement for Sanitary Sewer
through, under and across parts of Lot 1 of
Mineral Lot 7, Lot 1 of 1 and Lot 2 of Mineral
Lot 512, Lot 10 of Mineral Lot 501, Lots 1, 2,
13 and 14 of Rockdale, and the north one -half
and south one -half of a vacated street abutting
Lots 1, 2, 13 and 14 of Rockdale and also
abutting Lot 10 of Mineral Lot 501 all in the
City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for
Sanitary Sewer through, under and across
parts of Lot 1 of Mineral Lot 7, Lot 1 of 1 and
Lot 2 of Mineral Lot 512, Lot 10 of Mineral Lot
501, Lots 1, 2, 13 and 14 of Rockdale, and the
north one -half and south one -half of a vacated
street abutting Lots 1, 2, 13 and 14 of Rock-
dale and also abutting Lot 10 of Mineral Lot
501 all in the City of Dubuque, Dubuque Coun-
ty, Iowa from Ricky R. Rhomberg, a copy of
which is attached hereto.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Passed, approved and adopted this 17th
day of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Plat of Survey — Leibfried Place: Zoning
Advisory Commission recommending approval
of the Plat of Survey for Leibfried Place (2304
and 2310 Eagle Street) as requested by Dan
and Bernadette Leibfried. Upon motion the
documents were received and filed and Reso-
lution No. 346 -11 Approving the Plat of Survey
of Leibfried Place in the City of Dubuque, Io-
wa, was adopted.
RESOLUTION NO. 346 -11
APPROVING THE PLAT OF SURVEY
LEIBFRIED PLACE IN CITY OF DUBUQUE,
IOWA
Whereas, there has been filed with the City
Clerk a Plat of Survey Leibfried Place in the
city of Dubuque, Iowa ; and
Whereas, said Plat of Survey provides
16.08 feet of frontage for Lot 2 on a public or
approved private street, where 50 feet of street
frontage is required by Section 11 -14 of Title
16 of the City of Dubuque Code of Ordinances,
Unified Development Code; and
Whereas, said Plat of Survey has been ex-
amined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been ex-
amined by the City Council and they find that it
conforms to the statutes and ordinances relat-
ing thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11 -14 of Title 16 of
the City of Dubuque Code of Ordinances, Uni-
fied Development Code, is waived to allow 0
feet of frontage on a public street or an ap-
proved private street for Lot 2 where 50 feet is
required.
Section 2. That the Plat of Survey Leibfried
Place is hereby approved and the Mayor and
City Clerk are hereby authorized and directed
to endorse the approval of the City of Dubu-
que, Iowa upon said Plat of Survey.
Passed, approved and adopted this 17th
day of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Plat of Survey - 16th and Jackson Streets:
Zoning Advisory Commission recommending
approval of the Plat of Survey for Lot 493 in
the original town of Dubuque as requested by
Richard Runde. Upon motion the documents
were received and filed and Resolution No.
347 -11 Approving the Plat of Survey of the
Subdivision of City Lot 493 in the original town
of Dubuque in the City of Dubuque, Iowa, was
adopted.
394 Regular Session October 17, 2011 Book 141
RESOLUTION NO. 347 -11
APPROVING THE PLAT OF SURVEY PLAT
OF THE SUBDIVISION OF CITY LOT 493 IN
THE ORIGINAL TOWN OF DUBUQUE IN
THE CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk the Plat of Survey Plat of Subdivision of
Lot 493 in the original town of Dubuque in the
City of Dubuque, Iowa; and
Whereas upon said Plat of Survey appears
a sanitary sewer easement which the owner by
said Plat of Survey has dedicated to the public
forever; and
Whereas, said Plat of Survey has been ex-
amined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been ex-
amined by the City Council and they find that it
conforms to the statues and ordinances relat-
ing to it.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of the
easement for sanitary sewer as it appears on
said Plat of Survey, be and the same is hereby
accepted; and
Section 2. That the Plat of Survey Plat of
the Subdivision of City Lot 493 in the original
town of Dubuque, is hereby approved and the
Mayor and City Clerk are hereby authorized
and directed to endorse the approval of the
City of Dubuque, Iowa upon said Plat of Sur-
vey.
Passed, approved and adopted this 17th
day of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Plat of Survey — 340 Olympic Heights: Zon-
ing Advisory Commission recommending ap-
proval of the Plat of Survey for Gillespie's
Third Addition (340 Olympic Heights) as re-
quested by Allen Weber. Upon motion the
documents were received and filed and Reso-
lution No. 348 -11 Approving the Plat of Survey
for Lot 1 of Lot 1 and Lot 2 of Lot 1 of Gilles -
pie's Third Addition in the City of Dubuque,
Iowa, was adopted.
RESOLUTION NO. 348 -11
APPROVING THE PLAT OF SURVEY LOT 1
OF LOT 1 AND LOT 2 OF LOT 1 OF GIL-
LESPIE'S THIRD ADDITION IN THE CITY OF
DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk the Plat of Survey Lot 1 of Lot 1 and Lot
2 of Lot 1 of Gillespie's Third Addition in the
City of Dubuque, Iowa; and
Whereas, said Plat of Survey provides 0
feet of frontage for Lot 2 of Lot 1 on a public
street and 465 square feet of lot area, where
50 feet of frontage and 5,000 square feet of lot
area are required by Section 11 -14 of Title 16
of the City of Dubuque Code of Ordinances,
Unified Development Code; and
Whereas, said Plat of Survey has been ex-
amined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been ex-
amined by the City Council and they find that it
conforms to the statutes and ordinances relat-
ing to it.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11 -14 of Title 16 of
the City of Dubuque Code of Ordinances, Uni-
fied Development Code, is waived to allow 0
feet of frontage on a public street and 465
square feet of lot area where 50 feet of lot
frontage and 5,000 square feet of lot area is
required for Lot 2 of Lot 1.
Section 2. That the Plat of Survey Lot 1 of
Lot 1 and Lot 2 of Lot 1 of Gillespie's Third
Addition is hereby approved and the Mayor
and City Clerk are hereby authorized and di-
rected to endorse the approval of the City of
Dubuque, Iowa upon said Plat of Survey.
Passed, approved and adopted this 17th
day of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Trees Forever Grant Application — Street
Tree Enhancement Project: City Manager rec-
ommending approval of the submission of a
$7,000 Trees Forever Grant application and
the City's letter of support for the Street Tree
Enhancement Project. Upon motion the docu-
ments were received and filed and Resolution
No. 349 -11 Support of Trees Forever applica-
tion for funding for the Street Tree Enhance-
ment Program was adopted.
RESOLUTION NO. 349 -11
SUPPORT OF TREES FOREVER APPLICA-
TION FOR FUNDING FOR THE STREET
TREE ENHANCEMENT PROJECT
Whereas, Trees Forever provides funding
and technical assistance for tree planting pro-
jects in parks, schools, residential areas,
gateways, and street parkways; and
Whereas, the City Council has adopted the
Fiscal Year 2012 -2017 Capital Improvement
Program (CIP) budget, which includes the
City's local match from the annual Street Tree
Program.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor is authorized to sign
the letter of support and submit this grant ap-
plication to Trees Forever for the Street Tree
Book 141 Regular Session October 17, 2011 395
Enhancement Project.
Passed, approved and adopted this 17th
day of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
Metz et al. vs. City of Dubuque: City Attor-
ney recommending approval of a Release and
Settlement Agreement and authority for the
City Manager to sign on behalf of the City.
Upon motion the documents were received,
filed, and approved.
Historic Preservation Commission: Com-
missioner Michael Knight submitting his resig-
nation from the Historic Preservation Commis-
sion. Upon motion the document was received,
filed and the resignation was accepted.
Workers' Compensation Claims Admin-
istration: City Manager recommending approv-
al of the renewal rates for Alternative Services
Concepts (ASC), the City's Worker's Compen-
sation Claims Administrator effective October
1, 2011 through October 30, 2012. Upon mo-
tion the documents were received, filed, and
approved.
Federal Emergency Management Agency
(FEMA): Correspondence from the Depart-
ment of Homeland Security's Federal Emer-
gency Management Agency (FEMA) informing
the City that the Dubuque Local Flood Protec-
tion Project Levee is in compliance with mini-
mum certification requirements outlined in Title
44 of the Code of Federal Regulations. Upon
motion the documents were received and filed.
Signed Contracts: A) Tenth and Central
Avenue Parking Ramp Final Change Order
010 -PS, B) System Leak Detection contract
with Westrum Leak Detection, Inc., C) Grand
River Center Smart Electric Meter design doc-
uments with KJWW of Rock Island, IL, D)
Vendor Service Agreement with RJN to con-
duct smoke testing near the Bee Branch and
Sycamore Lift Station, E) Mutual Aid and Con-
tingency Agreement — Dubuque County Emer-
gency Medical Services Association. Upon
motion the documents were received and filed.
WMK Investment Properties — Wild Rose
Lane: City Manager transmitting correspond-
ence from WMK Investment Properties, Steve
Wieland, Larry McDermott, and Ken Kress
seeking a remedy to the speed limit and sight
distance requirements for the entrance to Wild
Rose Lane off Middle Road. Motion by Braig to
receive and file. Seconded by Connors. Re-
sponding to questions from City Council, City
Manager Van Milligen stated that staff has
determined the area unsafe and the responsi-
bility is on the developer to take corrective
measures. Motion carried 7 -0.
Water Meter Wireless Network Equipment
License Agreement: City Manager recom-
mending approval of an Amended Water Meter
Wireless Network Equipment License Agree-
ment with Dubuque Community Schools that
will allow placement of a low -power 900Mhz
broad band access point at Table Mound Ele-
mentary School, along with cabling from that
access point to the room where network
equipment is located. Upon motion the docu-
ments were received, filed, and approved.
Liquor License Applications: City Manager
recommending approval of annual liquor li-
cense renewals as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 350A -11 Granting the issuance of a
Class "C" Beer /Liquor License to L. May Res-
taurant, Dog House Lounge, Bank Bar & Grille,
Jumper's Sports Bar, Rainbow Lounge, Euro-
pa Haus & Bierstube, Channel Inn Restaurant;
and a Class "C" Liquor License to Hu Hot
Mongolian Grill; and Resolution No. 351 -11
Granting the issuance of a Class "B" Beer
Permit to Happy Joe's Ice Cream & Pizza Par-
lor were adopted.
RESOLUTION NO. 350A -11
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
ined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Beer Permit.
CLASS "B" BEER PERMIT
J & P O'Hara, Inc., Happy Joe's Ice Cream
& Pizza Parlor
+(Sunday Sale), 855 Century Dr.
Passed, approved and adopted this 17th day
of October, 2010.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 351 -11
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
396 Regular Session October 17, 2011 Book 141
nances 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
L. May, L. May +(Sunday /Outdoor Sale),
1072 Main
Dog Gone, Inc., Dog House
Lounge +(Sunday /Outdoor Sale), 1646 Asbury
Rd.
CES II Properties, Inc., The Bank Bar &
Grille +(Sunday /Outdoor Sale), 342 Main St.
Blue Sky 4, Ltd., Jumpers Sports Bar
+(Sunday /Outdoor Sale), 2600 Dodge St
DAMA Corp., Rainbow Lounge +(Sunday
Sale), 36 W. 4th St
Europa Haus, Inc., Europa House & Bier -
stube, 1301 Rhomberg Ave.
Carolyn K. Fonck, Channel Inn Restaurant,
2010'% Kerper Blvd.
SPECIAL CLASS "C" LIQUOR LICENSE
CCW, LLC, Huhot Mongolian Grill
+(Sunday Sale), 555 JFK Rd.
Passed, approved and adopted this 17th
day of October, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 7 -0.
Sale of Property — 2315 Jackson Street:
City Manager recommending setting a public
hearing for November 7, 2011 to consider the
sale of City -owned property located at 2315
Jackson Street to Raymond Pfeiffer for the
purchase price of $74,000. Upon motion the
documents were received and filed and Reso-
lution No. 352 -11 Resolution of Intention to
dispose of City -owned property, specifically,
East I/2 of Lot 24A in L.H. Langworthy Addition
in the City of Dubuque, County of Dubuque,
Iowa, according to the recorded plat thereof,
2315 Jackson Street, was adopted setting a
public hearing for a meeting to commence at
6:30 p.m. on November 7, 2011 in the Historic
Federal Building.
RESOLUTION NO. 352 -11
RESOLUTION OF INTENTION TO DISPOSE
OF CITY -OWNED PROPERTY, SPECIFI-
CALLY, EAST 1/2 OF LOT 24A IN L.H.
LANGWORTHY'S ADDITION IN THE CITY
OF DUBUQUE, COUNTY OF DUBUQUE,
IOWA, ACCORDING TO THE RECORDED
PLAT THEREOF, 2315 JACKSON STREET
Whereas, the City of Dubuque has pur-
chased certain real property for purpose of its
rehabilitation and re -sale for owner- occupied
housing; and
Whereas, the City received an offer to pur-
chase this property from a qualifying family;
Whereas, such purpose supports the
Neighborhood Stabilization Program and
Washington Neighborhood Revitalization
strategy as approved by the City Council; and
Whereas, by accepting the selected offer
the City's objectives of providing first -time
homeownership to a lower- income buyer and
rehabilitation of a foreclosed home can be
realized;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa,
intends to dispose of its interest in the follow-
ing legally- described property: "East '% of Lot
24A in L.H. Langworthy's Addition to the City
of Dubuque, County of Dubuque, Iowa, ac-
cording to the recorded Plat thereof."
Section 2. That the City of Dubuque, Iowa,
proposes to dispose of its interest in the above
described real estate to Raymond A. Pfeiffer
for the sum of $74,500.
Section 3. That the City Clerk is hereby
authorized and directed to cause this Resolu-
tion and a notice to be published as prescribed
by Iowa Code Section 364.7 of a public hear-
ing on the City's intent to dispose of the fore-
going- described Property, to be held on the
7th day of November, 2011, at 6:30 o'clock
p.m. at the Historic Federal Building, 350 West
Locust, Dubuque, Iowa.
Passed, approved and adopted this 17th
day of October, 2011.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS /COMMISSIONS
Applicants were invited to address the City
Council regarding their desire to serve on the
following Boards/Commissions: Plumbing
Code Board. One 3 -year term through No-
vember 2, 2014 (expiring term of Willenborg).
Applicant: Harlan Willenborg, 3254 Lake Ridge
Drive
Appointments to the following
Boards/Commissions:
Environmental Stewardship Advisory
Commission: One 3 -year term through Octo-
ber 1, 2014 (expiring term of Klostermann).
Applicants: Wayne Klostermann, 2636 Queen
Book 141 Regular Session October 17, 2011 397
Street; Stacy Splittstoesser, 1694 Radford
Road, #18. Upon roll call vote of 5 -2 (Buol and
Connors voting for Klostermann), Stacy
Splittstoesser was appointed to the Environ-
mental Stewardship Advisory Commission for
a 3 -year term through October 1, 2014.
Long Range Planning Advisory Commis-
sion: One 3 -year term through July 1, 2014
(vacant term of Braig). Applicant: Craig Bey -
tien, 1091 Valentine Drive. Motion by Lynch to
appoint Craig Beytien to the Long Range
Planning Advisory Commission for a 3 -year
term through July 1, 2014. Seconded by Braig.
Motion carried 7 -0.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
Request to Rezone — 901 Rhomberg Ave-
nue: Proof of publication on notice of public
hearing to consider a request from Chad Hal -
lahan to rezone property located at 901
Rhomberg Avenue from C -1 Neighborhood
Commercial District to C -2 Neighborhood
Shopping Center District and the Zoning Advi-
sory Commission recommending approval.
Motion by Jones to receive and file the docu-
ments and that the requirement that a pro-
posed ordinance be considered and voted on
for passage at two Council meetings prior to
the meeting at which it is to be passed be sus-
pended. Seconded by Braig. Motion carried 7-
0. Planning Services Manager Laura Carstens
provided a staff report. Responding to ques-
tions from City Council, Business owner Chad
Hallahan stated that he owns the business as
an individual. Carstens clarified that the step
up in zoning is required by the Unified Devel-
opment Code to accommodate this type of
business.
Motion by Jones for final consideration and
passage of Ordinance No. 48 -11 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by reclas-
sifying hereinafter described property located
at 901 Rhomberg Avenue from C -1 Neighbor-
hood Commercial District to C -2 Neighborhood
Shopping Center District. Seconded by Braig.
Motion carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 48 -11
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 901 RHOMBERG
AVENUE FROM C -1 NEIGHBORHOOD
COMMERCIAL DISTRICT TO C -2 NEIGH-
BORHOOD SHOPPING CENTER 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 Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter described property from
C -1 Neighborhood Commercial District to C -2
Neighborhood Shopping Center District, to wit:
Lot 1 of 15 and Lot 1 of 16 Hooper'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 Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. This Ordinance shall take effect
upon publications, as provided by law.
Passed, approved and adopted this 17th
day of October, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph - Herald
Newspaper the 21st day of October, 2011.
/s /Kevin S. Firnstahl, City Clerk
Timber -Hyrst Place No. 3 — Release of
Easements: Proof of publication of notice of
public hearing to consider releasing the exist-
ing utility storm sewer and access easements
on Lot 2 of Timber -Hyrst Place No. 3 and the
City Manager recommending approval. Motion
by Lynch to receive and file the documents
and adopt Resolution No. 353 -11 Disposing of
City interest in an existing twenty -foot wide
storm sewer and utility easement, and a 25-
foot wide access easement on Lot 2 of Timber -
Hyrst Place No. 3 in the City of Dubuque, Io-
wa. Seconded by Connors. Motion carried 7 -0.
RESOLUTION NO. 353 -11
DISPOSING OF CITY INTEREST IN AN EX-
ISTING TWENTY -FOOT WIDE STORM
SEWER AND UTILITY EASEMENT, AND A
25 -FOOT WIDE ACCESS EASMENT ON LOT
2 OF TIMBER -HYRST PLACE NO. 3 IN THE
CITY OF DUBUQUE, IOWA
Whereas, pursuant to resolution and pub-
lished notice of time and place of hearing, pub-
lished in the Telegraph Herald, a newspaper of
general circulation published in the City of
Dubuque, Iowa on this 7th day of October,
2011, the City Council of the City of Dubuque,
Iowa met on the 17th day of October, 2011, at
6:30 p.m. in the Historic Federal Building,
Council Chambers (second floor), 350 West 6 h
Street, Dubuque, Iowa, to consider the pro-
posal for the sale of real estate described as:
An existing 20 -foot wide storm sewer and
398 Regular Session October 17, 2011 Book 141
utility easement established on the Final Plat
of Timber -Hyrst Estates No. 2 recorded as
Instrument No. 2008 -6368, and a 25 -foot wide
access easement established per Instrument
No. 2007 -13839 on Lot 2 of Timber -Hyrst
Place No. 3 in the City of Dubuque, Iowa, ac-
cording the recorded plat thereof and as
shown on the Plat attached hereto and by ref-
erence made a part hereof; and
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objec-
tions, oral or written to the proposal to dispose
of such real estate, except for easement as
noted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the disposal of the interest
of the City of Dubuque, Dubuque County, Io-
wa, in real property described as an existing
20 -foot wide storm sewer, utility and access
easement established on the Final Plat of
Timber -Hyrst Estates No. 2 recorded as In-
strument No. 2008 -6368 and established per
Instrument No. 2007 -13839 which now en-
cumber Lot 2 of Timber -Hyrst Place No. 3 in
the City of Dubuque, Iowa, to Thomas J. King
III and Julie M. King be and the same is here-
by approved for the cost of publication and
filing fees.
Section 2. That the proposal to dedicate a
20 -foot wide storm sewer and utility easement
and replat the access easement on said prop-
erty as set out by the owners, be and the same
is hereby approved.
Section 3. That the Mayor and City Clerk
be authorized and directed to execute a re-
lease of easement, and the City Clerk be and
is hereby authorized and directed to deliver
said release to the above -named grantees
upon receipt of the above fees.
Section 4. The cost of vacating the existing
access, utility and storm easements and the
moving of the storm sewer to the new ease-
ment location shall be the sole expense of the
owners. Further, the reconstruction and reloca-
tion of the storm sewer in the relocated ease-
ment shall conform to the City of Dubuque,
Iowa, standard specifications for storm sewer.
Section 5. That the City Clerk be and is
hereby authorized and directed to record a
certified copy of this resolution in the office of
the City Assessor, Dubuque County Recorder,
and the Dubuque County Auditor.
Passed, approved and adopted this 17th
day of October, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACCEPTANCE OF
RESOLUTION NO. 353 -11
I (we), the undersigned, Thomas J. King III
and Julie M. King, having read the terms and
conditions of the Resolution No. 353 -11 and
being familiar with the conditions thereof,
hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this xx day of xx,
2012. (Undated as of 2/1/13)
/s /By Thomas J. King III
/s /By Julie M. King
City Hall HVAC System Improvements Pro-
ject: Proof of publication of notice of public
hearing to approve the plans, specifications,
form of contract, and estimated cost for the
City Hall HVAC System Improvements Project
and the City Manager recommending approv-
al. Motion by Jones to receive and file the
documents and adopt Resolution No. 354 -11
Adopting plans and specifications form of con-
tract and estimated cost for the City Hall -
HVAC System Improvements Project. Se-
conded by Braig. Responding to questions
from City Council, City Manager Van Milligen
stated that this is a necessary improvement
that will realize savings adding that a cooling
tower will be placed next to the City Hall gen-
erator. Motion carried 7 -0.
RESOLUTION NO. 354 -11
ADOPTING PLANS AND SPECIFICATIONS
FORM OF CONTRACT AND ESTIMATED
COST FOR THE CITY HALL —HVAC SYSTEM
IMPROVEMENTS PROJECT
Whereas, on October 3, 2011, plans, spec-
ifications, form of contract and estimated cost
were filed with the City Clerk of Dubuque, Iowa
for the City Hall —HVAC System Improvements
Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby ap-
proved as the plans, specifications, form of
contract and estimated cost for said improve-
ments for said project.
Passed, approved and adopted this 17th
day of October, 2011.
Roy D, Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
Veteran's Freedom Center: Correspond-
ence from the Board of Directors of the Veter-
an's Freedom Center requesting assistance
Book 141 Regular Session, November 7, 2011 399
from the City of Dubuque to secure a new lo-
cation for the Veteran's Freedom Center. This
item was removed from the agenda.
Greenhouse Gas Reduction 50% by 2030
— Phase II: Correspondence from Jason
Schatz of Green Dubuque requesting $40,000
in funding to support Phase II of the Green-
house Gas Reduction 50% by 2030 Plan -
Phase II. Restated motion by Connors to re-
ceive, file, and refer to the City Manager. Se-
conded by Jones. City Council discussion in-
cluded concerns about identifying a funding
source or placing it within the City's budget
process, one -time payment vs. long -term
commitment, using existing staff, and the need
for more detail concerning the project's budget
and details of deliverables. Motion carried 7 -0.
Purchase of Service Agreements — Budget
Process: Correspondence from Council Mem-
ber Karla Braig requesting City Council dis-
cussion on the budget process for purchase of
services. Restated motion by Braig to receive
and file the document and refer to staff to re-
search the procedures with other major metro-
politan cities similar to Dubuque and return a
report. Seconded by Connors. City Council
discussion included exploring a more fair and
transparent process for the allocation of funds;
does an agency provide a measurable public
good; consider emergency situations, sunset
funding option, and a review of the current
procedure. Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Buol reported on his being the first to be
asked to substitute for keynote speaker Mayor
Mitch Landrieu of New Orleans at a recent
sustainability summit in Washington, DC, cred-
iting Dubuque's sustainability leadership for
the opportunity.
Braig reported on the success of Dubu-
que's Growing Sustainable Communities Con-
ference held October 11 and 12 noting that
videos of keynote speakers and session audio
recordings are available on the City's web
page (www.cityofdubuque.org).
Connors reported on the recent visit by the
ICMA Fellows visiting from Australia, Greg
Bruce and Ian Fitzgibbons, and invited people
to view Mr. Bruce's blog which compliments
Dubuque and the sustainability conference.
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CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in Special
Session at 5:00 P.M. on November 7 2011 in
the Historic Federal Building, 350 w. 6th Street.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton, City Manager Van Milligen; City Attorney
Lindahl (joined at 5:10 p.m.)
Mayor Buol read the call and stated this is
a special session of the City Council to con-
duct a work session on the Sustainable Dubu-
que Quarterly Update.
WORK SESSION
SUSTAINABLE DUBUQUE QUATERLY UP-
DATE
Sustainability Coordinator Cori Burbach
stated that the purpose of the update was to
focus on sustainability programs that relate to
the Economic Prosperity pillar of sustainability.
Ms Burbach introduced members of the Sus -
tainability Panel who updated the City Council
on the following areas:
• Growing Sustainable Communities
Conference — Tom Woodward
• Buyer /Supplier Network — Kelly
McEleroy
• Destination for Opportunity Rick Dick-
inson
• Innovation Consortium — Dan Mc
Donald
• Green Jobs and Industry —Wendy
Knight
• Smarter Sustainable Dubuque — Da-
vid Lyons
There being no further business, upon mo-
tion the City Council adjourned at 6:09 p.m.
/s/Kevin S. Firnstahl
City Clerk
400 Regular Session, November 7, 2011 Book 141
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular
session at 6:30 pm on November 7, 2011 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol, Council Members
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton, City Manager Van Milligen, City Attorney
Lindahl
Pledge of Allegiance
Invocation was provided by Major Tom
Mason of the Salvation Army.
PRESENTATIONS
Resource Management Coordinator Paul
Schultz presented a gift from the Changsha
Government of China / ICMA Fellowship Ex-
change to the City of Dubuque.
Convention and Visitors Bureau Event and
Sports Director Katie Simmons presented the
Iowa Tourism Outstanding Elected Official
Award to City Council Member Joyce Connors
and the Niche Marketing Award for Art Market
to the City of Dubuque and the Dubuque Arts
Center.
Dubuque Alt Center Director Jordan De-
Gree presented the Arts Advocate of Distinc-
tion Award to Arts and Cultural Affairs Coordi-
nator Jan Stoffel.
Dubuque Community Y Domestic Violence
Program Director Sr. Charla Bulko recognized
Dubuque Police Officer Lisa Latham for her
outstanding support for victims of violence.
Dubuque Main Street Executive Director
Dan LoBianco presented the Dubuque Main
Street Awards for Best Public Improve -
ment/Rehabilitation (Historic Shot Tower), Best
New Construction (10th and Central Avenue
Parking Ramp), and Best Partnership (Smarter
Sustainable Dubuque /IBM).
PROCLAMATIONS
Philanthropy Day (November 15, 2011)
was accepted by Dan McCarthy of the Associ-
ation of Fundraising Professionals Greater Tri-
State Chapter.
Hospice Month (November 2011) was ac-
cepted by Carole Carroll of Dubuque Hospice,
1670 John F. Kennedy Road.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 7 -0.
Minutes and Reports Submitted: Arts and
Cultural Affairs Advisory Commission of 8/30
and 9/27, City Council Proceedings of 10/17,
Civil Service Commission of 10/14, Carnegie -
Stout Public Library of 6/30, 7/18, 8/25, 9/29,
Dubuque County Emergency Management
Commission of 8/2, Investment Oversight
Commission of 10/26
Library Board of Trustees Update from
Meeting of 9/29
Proofs of Publication for City Council Pro-
ceedings of October 3 and October 17, 2011;
and List of Claims and Summary of Revenues
for Month Ended September 30, 2011.
Upon motion the documents were received
and filed.
Notice of Claims /Suits: Kenneth Miller for
vehicle damage, Trisha Reck for property
damage. Upon motion the documents were
received, filed and referred to the City Attor-
ney.
City Attorney advising that the following
claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Com-
munities Assurance Pool: Rahkee Norman for
vehicle damage, Trisha Reck for property
damage, Rose Schaepe for vehicle damage,
Terryl Stewart for vehicle damage. Upon mo-
tion the documents were received, filed and
concurred.
1000 Friends of Iowa — Roshek Building
Recognition: City Manager transmitting corre-
spondence from the 1000 Friends of Iowa in-
forming the City that Dubuque Initiatives has
received the Best Development Award in the
Best Renovated Commercial /Civic Category
for the adaptive re -use of the Roshek Building.
Upon motion the document was received and
filed.
National Trust for Historic Places — Roshek
Building Recognition: City Manager submitting
correspondence from the National Trust for
Historic Places informing the City that the
Roshek Building will receive one of 14 National
Preservation Honor Awards for 2011. Upon
motion the document was received and filed.
Government Finance Officer Association
(GFOA) — Recognition: City Manager transmit-
ting correspondence advising that the City of
Dubuque and Budget Director Jenny Larson
Book 141 Regular Session, November 7, 2011 401
have been awarded the Distinguished Budget
Presentation Award from the Government Fi-
nance Officers Association (GFOA). Upon
motion the document was received and filed.
Friends of the Mines of Spain — Recogni-
tion: City Manager transmitting a Certificate of
Appreciation recognizing the City of Dubuque
for supporting the Mines of Spain in the area of
Partnership /Center and Land. Upon motion the
document was received and filed.
Letter of Intent — 2012 AII- America City
Award: Letter of Intent to apply for the 2012
AII- America City Award to the National Civic
League on behalf of the Community Founda-
tion of Greater Dubuque, Every Child / Every
Promise and the City of Dubuque. Upon mo-
tion the documents were received and filed.
Environmental Stewardship Advisory
Commission: Commissioner Edward Cawley
submitting his resignation from the Environ-
mental Stewardship Advisory Commission.
Upon motion the documents were received,
filed and the resignation accepted.
Human Rights Commission: Commissioner
Megan Gloss submitting her resignation from
the Human Rights Commission. Upon motion
the document was received, filed and the res-
ignation accepted.
Investment Oversight Advisory Commis-
sion: Commissioner Hiram Melendez submit-
ting his resignation from the Investment Over-
sight Advisory Commission. Upon motion the
document was received, filed and the resigna-
tion accepted.
American Society for Public Administration
(ASPA): City Manager transmitting corre-
spondence from Erik Bergrud, President of the
American Society for Public Administration,
informing the City Manager that he has been
appointed to a three -year term on the Board of
Editors for the ASPA's Public Administration
Review journal. Upon motion the document
was received and filed.
Mediacom Communications: Communica-
tion from Lee Grassley, Senior Manager for
Government Relations for Mediacom Commu-
nications, informing the City of changes in pro-
gramming. Upon motion the documents were
received and filed.
Substance Abuse Services Center (SASC)
— First Quarter Report: Substance Abuse Ser-
vices Center (SASC) Executive Director Diane
Thomas submitting the Center's First Quarter
Report detailing the activities of the High Risk
Youth Program. Upon motion the document
was received and filed.
Iowa Department of Transportation (IDOT)
— Bee Branch Creek Trail: City Manager sub-
mitting correspondence from the Iowa De-
partment of Transportation (IDOT) informing
the City that the Iowa Transportation Commis-
sion has approved the Bee Branch Creek Trail
— MRT Route for funding assistance from the
State Recreational Trails Program. Upon mo-
tion the document was received and filed.
Iowa Department of Transportation (IDOT)
— Right -of -Way Lease Agreement: City Man-
ager recommending approval of a lease
agreement with the Iowa Department of
Transportation (IDOT) for use of the right -of-
way east of Elm Street for a surface parking lot
to facilitate the increased parking needs in the
Historic Millwork District. Upon motion the
documents were received, filed, and approved.
AT &T — Lease Extension: City Manager
submitting correspondence from William Arm-
strong, Cingular Wireless Project Manager /
AT &T, informing the City of their intent to ex-
tend the lease term for Site DBQ284A (1525
West Third Street Water Tower) for five years.
Upon motion the documents were received
and filed.
Federal Emergency Management Agency
(FEMA): City Manager transmitting corre-
spondence from Louis Rodriguez of the Fed-
eral Emergency Management Agency (FEMA)
revalidating the determinations for properties
and /or structures as described in previously
issued Letters of Map Change (LOMCs), sub-
sequent revisions to the October 18, 2011
National Flood Insurance Program (NFIP) map
and encouraging distribution of the information
to the community. Upon motion the document
was received, filed and referred to the City
Manager.
State of Iowa Annual Financial Report: City
Manager recommending approval to publish
the cover page of the Fiscal Year 2011 Annual
Financial Report and file the entire report with
the State Auditor's Office by December 1,
2011 as required by Section 384.22 of the
Code of Iowa. Upon motion the documents
were received, filed, and approved.
Workers' Compensation Claims Admin-
istration Agreement: City Manager recom-
mending approval of the agreement between
the City of Dubuque and Alternative Services
Concepts (ASC) for services related to the
administration of the City's Workers' Compen-
sation Program effective October 1, 2011
402 Regular Session, November 7, 2011 Book 141
through September 30, 2012. Upon motion the
documents were received, filed, and approved.
Appeal of Claim by Chelsea Smith. Corre-
spondence from Jo Ellen Reed and Chelsea
Smith appealing a claim against the City of
Dubuque denied by the Iowa Communities
Assurance Pool (ICAP). Upon motion the doc-
ument was received, filed and referred to the
City Attorney.
AmeriCorps — 2012 -2013 Grant Applica-
tion: City Manager recommending the execu-
tion of the Iowa Commission on Volunteer
Service City of Dubuque AmeriCorps Program
grant application. Upon motion the documents
were received, filed, and approved.
AmeriCorps — Agreement with Dubuque
Community School District: City Manager rec-
ommending approval of an agreement be-
tween the Dubuque Community School District
and AmeriCorps for the 2011 -2012 school year
for AmeriCorps members to serve in elemen-
tary, middle and high schools. Upon motion
the documents were received, filed, and ap-
proved.
Hillcrest Family Services — Temporary
Parking Agreement: City Manager recom-
mending approval of a temporary parking li-
cense agreement in Flora Park for Hillcrest
Family Services, Inc., during their construction
process. Upon motion the documents were
received, filed, and approved.
Iowa 32 Bike /Hike Trail Project — Phase 3
Acceptance: City Manager recommending
acceptance of the Iowa 32 Bike /Hike Trail
Phase 3 Project (between Plaza Drive and
Payton Street), as completed by Drew Cook &
Sons Excavating, in the final amount of
$136,946. Upon motion the documents were
received and filed and Resolution No. 355 -11
Accepting the Iowa 32 Bike /Hike Trail Phase 3
Proja and authorizing the payrrent of the cnrrtat amount b
the mrMacbry akaTI
RESOLUTION NO. 355 -11
ACCEPTING THE IOWA 32 BIKE/HIKE
TRAIL PHASE 3 PROJECT AND AUTHORIZ-
ING THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Iowa 32 Bike /Hike Trail Phase 3 Project
(the Project) has been completed and the City
Engineer has examined the work and filed a
certificate stating that the Project has been
completed according to the terms of the Public
Improvement Contract and that the City Engi-
neer recommends that the Project be accept-
ed; and
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 Iowa
32 Bike /Hike Trail Phase 3 Project appropria-
tion for the contract amount of $136,946 less
any retained percentage provided for therein
as provided in Iowa Code chapter 573, and to
pay such retainage only in accordance with the
provisions of Iowa Code chapter 573.
Passed, approved and adopted this 7th day
of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Bee Branch Creek Restoration Project —
1517 Maple Street: City Manager recommend-
ing establishing the fair market value of 1517
Maple Street, owned by Tony Zenner, at the
appraised value of $66,950, and authorizing
the City Manager to commence negotiations to
acquire the property for the Bee Branch Creek
Restoration Project and further authorization to
acquire the property through eminent domain if
negotiations fail. Upon motion the documents
were received and filed and Resolution No.
356 -11 Establishing the fair market value and
authorizing the acquisition by eminent domain
of certain real property owned by Tony Zenner
in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 356 -11
ESTABLISHING THE FAIR MARKET VALUE
AND AUTHORIZING THE ACQUISITION BY
EMINENT DOMAIN OF CERTAIN REAL
PROPERTY OWNED BY TONY ZENNER IN
THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque (City) in-
tends to acquire certain real property owned
by Tony Zenner (Owner), legally described as
follows (the Property): North 1/2 and South 1/2
of Lot 287 in East Dubuque No. 2, all in the
City of Dubuque, Dubuque County, Iowa, as
shown on Exhibit A attached hereto for the
purpose of the stormwater conveyance asso-
ciated with the restoration of the Bee Branch
Creek; and
Whereas, Iowa law requires that City must
make a good faith effort to negotiate with the
Owner to purchase the Property before pro-
ceeding with condemnation; and
Whereas, City has caused an appraisal of
the property to be made and the appraised
value of the property is $66,950.00; and
Whereas, the City Council now desires to
establish the fair market value of the property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
Book 141 Regular Session, November 7, 2011 403
DUBUQUE, IOWA:
1. The fair market value of the Property is
hereby established to be $66,950.00.
2. The City Manager is hereby authorized
to commence negotiations with the Owner of
the Property and any other interested parties
for the purchase of the Property for a purchase
price which is not less than the fair market
value established by this resolution.
3. The City Manager is hereby authorized
to commence proceedings for the acquisition
of the Property by eminent domain should ne-
gotiations fail.
Passed, approved and adopted this 7th day
of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Bee Branch Creek Restoration Project —
508 E. 16th Street: City Manager recommend-
ing[ establishing the fair market value of 508 E.
16h Street owned by WP Investments, at the
appraised value of $300,000, and authorize
the City Manager to commence negotiations to
acquire the property for the Bee Branch Creek
Restoration Project and further authorization to
acquire the property through eminent domain if
negotiations fail. Upon motion the documents
were received and filed and Resolution No.
357 -11 Establishing the fair market value and
authorizing the acquisition by eminent domain
of certain real property owned by WP Invest-
ments, LLC in the City of Dubuque, Iowa, was
adopted.
RESOLUTION NO. 357 -11
ESTABLISHING THE FAIR MARKET VALUE
AND AUTHORIZING THE ACQUISITION BY
EMINENT DOMAIN OF CERTAIN REAL
PROPERTY OWNED BY WP INVEST-
MENTS, LLC IN THE CITY OF DUBUQUE,
IOWA
Whereas, the City of Dubuque (City) in-
tends to acquire certain real property owned
by WP Investments, LLC (Owner), at 508 E.
16th Street legally described as follows (the
Property): South 33.5' of Lot 254, North 18' of
Lot 254, Lot 253 and the West 1/2 of Lot 252
in East Dubuque No. 2, all in the City of Dubu-
que, Dubuque County, Iowa, as shown on
Exhibit A attached hereto for the purpose of
constructing, operating, and maintaining the
Bee Branch Creek Restoration, a stormwater
management project; and
Whereas, Iowa law requires that City must
make a good faith effort to negotiate with the
Owner to purchase the Property before pro-
ceeding with condemnation; and
Whereas, City has caused an appraisal of
the property to be made and the appraised
value of the property is $300,000.00; and
Whereas, the City Council now desires to
establish the fair market value of the property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The fair market value of the Property is
hereby established to be $300,000.00.
2. The City Manager is hereby authorized
to commence negotiations with the Owner of
the Property and any other interested parties
for the purchase of the Property for a purchase
price which is not less than the fair market
value established by this resolution.
3. The City Manager is hereby authorized
to commence proceedings for the acquisition
of the Property by eminent domain should ne-
gotiations fail.
Passed, approved and adopted this 7th day
of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Bee Branch Creek Restoration Project —
540 E 16th Street: City Manager recommend-
ing[ establishing the fair market value of 540 E.
16h Street owned by WP Investments, at the
appraised value of $68,000, and authorize the
City Manager to commence negotiations to
acquire the property for the Bee Branch Creek
Restoration Project and further authorization to
acquire the property through eminent domain if
negotiations fail. Upon motion the documents
were received and filed and Resolution No.
358 -11 Establishing the fair market value and
authorizing the acquisition by eminent domain
of certain real property owned by WP Invest-
ments, LLC in the City of Dubuque, Iowa, was
adopted.
RESOLUTION NO. 358 -11
ESTABLISHING THE FAIR MARKET VALUE
AND AUTHORIZING THE ACQUISITION BY
EMINENT DOMAIN OF CERTAIN REAL
PROPERTY OWNED BY WP INVEST-
MENTS, LLC IN THE CITY OF DUBUQUE,
IOWA
Whereas, the City of Dubuque (City) in-
tends to acquire certain real property owned
by WP Investments, LLC (Owner), at 540 E.
16th Street legally described as follows (the
Property): East 1/2 of Lot 252 in East Dubuque
No. 2, all in the City of Dubuque, Dubuque
County, Iowa, as shown on Exhibit A attached
hereto for the purpose of constructing, operat-
ing, and maintaining the Bee Branch Creek
Restoration, a stormwater management pro-
ject; and
Whereas, Iowa law requires that City must
make a good faith effort to negotiate with the
Owner to purchase the Property before pro-
ceeding with condemnation; and
Whereas, City has caused an appraisal of
404 Regular Session, November 7, 2011 Book 141
the property to be made and the appraised
value of the property is $68,000.00; and
Whereas, the City Council now desires to
establish the fair market value of the property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The fair market value of the Property is
hereby established to be $68,000.00.
2. The City Manager is hereby authorized
to commence negotiations with the Owner of
the Property and any other interested parties
for the purchase of the Property for a purchase
price which is not less than the fair market
value established by this resolution.
3. The City Manager is hereby authorized
to commence proceedings for the acquisition
of the Property by eminent domain should ne-
gotiations fail.
Passed, approved and adopted this 7th day
of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Bee Branch Creek Restoration Project —
2410 Washington Street: City Manager rec-
ommending approval to purchase a 4 -plex
rental property owned by Kim McDermott at
2410 Washington Street for $119,000 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. 359 -11 Approving the ac-
quisition of real estate owned by Kim McDer-
mott in the City of Dubuque was adopted.
RESOLUTION NO. 359 -11
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY KIM MCDERMOTT 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 recom-
mended in the 2001 "Drainage Basin Master
Plan;" and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled 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 legal-
ly described property: Southwesterly 44' of Lot
Twenty Three (23) of 0 S Langworthys Subdi-
vision, in the City of Dubuque, Iowa, according
to the recorded Plat of said subdivision, Coun-
ty of Dubuque, State of Iowa, at the cost of
One Hundred Nineteen Thousand and 00/100
Dollars ($119,000.00).
Section 2. That the City of Dubuque be and
is hereby authorized to accept a Warranty
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
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 is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 7th day
of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Bee Branch Subdivision — Plats of Survey:
City Manager recommending approval of the
Plats of Survey for Bee Branch Subdivision
Nos. 3, 4, 5, and 6 in order to separate builda-
ble areas from the area of the parcels needed
for the Bee Branch Creek Restoration Project.
Upon motion the documents were received
and filed and Resolution No. 360 -11 Approving
Plat of Survey of Lots 1 and 2 of Bee Branch
Subdivision No.3 in the City of Dubuque,
Dubuque County, Iowa; Resolution No. 361 -11
Approving Plat of Survey of Lots 1 and 2 of
Bee Branch Subdivision No. 4 in the City of
Dubuque, Dubuque County, Iowa; Resolution
No. 362 -11 Approving Plat of Survey of Lots 1
and 2 of Bee Branch Subdivision No. 5 in the
City of Dubuque, Dubuque County, Iowa; and
Resolution No. 363 -11 Approving Plat of Sur-
vey of Lots 1 and 2 of Bee Branch Subdivision
No. 6 in the City of Dubuque, Dubuque Coun-
ty, Iowa, were adopted.
RESOLUTION NO. 360 -11
APPROVING PLAT OF SURVEY OF LOTS 1
AND 2 OF BEE BRANCH SUBDIVISION NO.
3 IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, a
plat dated the 13th day of October, 2011, pre-
pared by Buesing & Associates describing the
division of Lot 1 of the Subdivision of the South
45 Feet of Lot 104 in L.H. Langworthy's Addi-
tion to be hereinafter known as Lot 1 and Lot 2
of Bee Branch Subdivision No. 3 in the City of
Dubuque, Dubuque County, Iowa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 13th day
of October, 2011, prepared by Buesing & As-
sociates relative to the real estate hereinabove
Book 141 Regular Session, November 7, 2011 405
described be and the same is hereby ap-
proved, and the Mayor and City Clerk be and
they are hereby authorized and directed to
execute said plat for and on behalf of the City
of Dubuque, Iowa.
Section 2. That the City Clerk be and is
hereby authorized and directed to file said plat
and certified copy of this resolution in the office
of the Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this 7th day
of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 361 -11
APPROVING PLAT OF SURVEY OF LOTS 1
AND 2 OF BEE BRANCH SUBDIVISION NO.
4 IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, a
plat dated the 13th day of October, 2011, pre-
pared by Buesing & Associates describing the
division of Lot 1 of the Northerly 30 Feet of Lot
104 in L.H. Langworthy's Addition to be here-
inafter known as Lot 1 and Lot 2 of Bee
Branch Subdivision No. 4 in the City of Dubu-
que, Dubuque County, Iowa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 13th day
of October, 2011, prepared by Buesing & As-
sociates relative to the real estate hereinabove
described be and the same is hereby ap-
proved, and the Mayor and City Clerk be and
they are hereby authorized and directed to
execute said plat for and on behalf of the City
of Dubuque, Iowa.
Section 2. That the City Clerk be and is
hereby authorized and directed to file said plat
and certified copy of this resolution in the office
of the Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this 7th day
of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 362 -11
APPROVING PLAT OF SURVEY OF LOTS 1
AND 2 OF BEE BRANCH SUBDIVISION NO.
5 IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, a
plat dated the 13th day of October, 2011, pre-
pared by Buesing & Associates describing the
division of the Southerly 30 Feet of the Nor-
therly 80 Feet of Lot 1 -105 in L.H. Langwor-
thy's Addition to be hereinafter known as Lot 1
and Lot 2 of Bee Branch Subdivision No. 5 in
the City of Dubuque, Dubuque County, Iowa;
and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 13th day
of October, 2011, prepared by Buesing & As-
sociates relative to the real estate hereinabove
described be and the same is hereby ap-
proved, and the Mayor and City Clerk be and
they are hereby authorized and directed to
execute said plat for and on behalf of the City
of Dubuque, Iowa.
Section 2. That the City Clerk be and is
hereby authorized and directed to file said plat
and certified copy of this resolution in the office
of the Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this 7th day
of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 363 -11
RESOLUTION APPROVING PLAT OF SUR-
VEY OF LOTS 1 AND 2 OF BEE BRANCH
SUBDIVISION NO. 6 IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, a
plat dated the 13th day of October, 2011, pre-
pared by Buesing & Associates describing the
division of the Northerly 50 Feet of Lot 1 -105 in
L.H. Langworthy's Addition to be hereinafter
known as Lot 1 and Lot 2 of Bee Branch Sub-
division No. 6 in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 13th day
of October, 2011, prepared by Buesing & As-
sociates relative to the real estate hereinabove
described be and the same is hereby ap-
proved, and the Mayor and City Clerk be and
they are hereby authorized and directed to
execute said plat for and on behalf of the City
of Dubuque, Iowa.
Section 2. That the City Clerk be and is
hereby authorized and directed to file said plat
and certified copy of this resolution in the office
of the Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this 7th day
of November, 2011.
406 Regular Session, November 7, 2011 Book 141
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Request for Proposal — Dubuque Marina
Management: City Manager recommending
approval to initiate the Request for Proposal
process for Marina Facilities Management
Services for the Port of Dubuque Marina Pro-
ject. Upon motion the documents were re-
ceived, filed, and approved.
Request for Proposal — The Jule Intelligent
Technology Systems (ITS) Equipment: City
Manager recommending approval to issue a
Request for Proposals for the purchase and
installation of Intelligent Technology Systems
(ITS) equipment on The Jule's buses. Upon
motion the documents were received, filed,
and approved.
Project Update — 7th Street Retaining Wall
Emergency Repair: City Manager recommend-
ing rejection of all bids for the 7th Street Re-
taining Wall Emergency Repairs Project and
that the project be re -bid over the winter with a
completion date of June 15, 2012 and that the
rejection of bids be officially recorded in the
minutes of the City Council. Upon motion the
documents were received, filed and made a
Matter of Record.
Project Update — Madison Street Retaining
Wall Emergency Repair: City Manager rec-
ommending re -bid of the Madison Street Re-
taining Wall Emergency Repairs Project over
the winter with a completion date of June 15,
2012 and that the project delay be officially
recorded in the minutes of the City Council.
Upon motion the documents were received,
filed and made a Matter of Record.
Quarterly Investment Report: City Manager
transmitting the Quarterly Investment Report
for the period of July 1, 2011 through Septem-
ber 30, 2011. Upon motion the documents
were received and filed.
40 Main, LLC — Fourth Amendment to De-
velopment Agreement: City Manager recom-
mending approval of the Fourth Amendment to
the Development Agreement with 40 Main,
LLC. Upon motion the documents were re-
ceived and filed and Resolution No. 364 -11
Approving the Fourth Amendment to the 40
Main, LLC Development Agreement was
adopted.
RESOLUTION NO. 364 -11
APPROVING THE FOURTH AMENDMENT
TO THE 40 MAIN, LLC DEVELOPMENT
AGREEMENT
Whereas, a Development Agreement (the
Agreement), dated January 15, 2009, was
entered into by and between the City of Dubu-
que, a municipal corporation of the State of
Iowa (City), and 40 Main LLC (Developer); and
Whereas, the Agreement was amended
(First Amendment) on May 18, 2009; and
Whereas, the Agreement was further
amended (Second Amendment) on August 3,
2009; and
Whereas, the Agreement was further
amended (Third Amendment) on October 13,
2010; and
Whereas, the Agreement provides for an
Economic Development Loan with a balloon
payment for one (1) year from December 31,
2011; and
Whereas, Developer desires to extend the
Economic Development Loan balloon payment
for one (1) year from December 31, 2011 to
December 31, 2012 as set forth in the pro-
posed Fourth Amendment attached hereto;
and
Whereas, the City Council has agreed to
extend the Economic Development Loan bal-
loon payment due date on the terms and con-
ditions set forth in the Fourth Amendment.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Fourth Amendment of
the 40 Main LLC Development Agreement is
hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute said Fourth
Amendment 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 Manager is author-
ized to take such actions as are necessary to
implement the terms of the Fourth Amendment
as herein approved.
Passed, approved and adopted this 7th day
of November 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Caradco Project — Housing Enterprise
Zone Amendment: City Manager recommend-
ing approval of an amendment to the Housing
Enterprise Zone Program Agreement for the
Caradco Project approving the change of
ownership from Caradco Building, LLLP to
Caradco Landlord, LLC. Upon motion the doc-
uments were received and filed and Resolution
No. 365 -11 Approving an amendment to a
Housing Enterprise Zone Program Agreement
by and among the Iowa Department of Eco-
nomic Development, the City of Dubuque and
Caradco Building, LLP was adopted.
Book 141 Regular Session, November 7, 2011 407
RESOLUTION NO. 365 -11
APPROVING AN AMENDMENT TO A HOUS-
ING ENTERPRISE ZONE PROGRAM
AGREEMENT BY AND AMONG THE IOWA
DEPARTMENT OF ECONOMIC DEVELOP-
MENT, THE CITY OF DUBUQUE AND CA-
RADCO BUILDING, LLLP
Whereas, the City of Dubuque has estab-
lished two Enterprise Zones and an Enterprise
Zone Commission; and
Whereas, the Enterprise Zone Commission
on February 24, 2010 approved the application
of Caradco Building, LLLP for Housing Enter-
prise Zone benefits; and
Whereas, Caradco Building, LLLP's appli-
cation was approved by the Iowa Department
of Economic Development on June 10, 2010;
and
Whereas, the Enterprise Zone Agreement
was approved by the City Council by Resolu-
tion No. 312 -10 on August 16, 2010; and
Whereas, an amendment is needed to
transfer the agreement to Caradco Landlord,
LLC as it is the new developer for the project;
and
Whereas, the City Council finds that the
proposed amendment is acceptable and nec-
essary to the growth and development of the
city.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of
Economic Development Housing Enterprise
Zone Program Agreement Amendment 1,
Number 10 -HEZ -041, is hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the amend-
ment on behalf of the City of Dubuque and
forward the executed copy to the Iowa De-
partment of Economic Development for their
approval.
Passed, approved and adopted this 7th day
of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Dubuque Regional Airport — Small Com-
munity Air Service Development: City Manager
recommending that the City provide the previ-
ously budgeted $150,000 grant match for the
$500,000 Small Community Air Service Devel-
opment Grant from the U.S. Department of
Transportation. Upon motion the documents
were received, filed, and approved.
Sustainable Dubuque — Monthly Report:
City Manager submitting the Sustainable
Dubuque Monthly Report for October 2011.
Upon motion the documents were received
and filed.
Vehicle Noise Memorandum Addendum:
City Manager providing an update to the in-
formation provided on July 25, 2011 regarding
the Dubuque Police Department Police De-
partment's vehicle noise enforcement efforts,
as well as addressing citizen concerns on the
efforts and suggestions on setting decibel lim-
its and using noise meters. Upon motion the
documents were received and filed.
Historic Preservation Commission: Com-
munication from the Historic Preservation
Commission requesting the City Council make
the West Locust and Bluff Street area a top
priority during this year's goal setting session.
Upon motion the documents were received
and filed.
Dubuque Casino Hotel — Assignment of
Lease Agreement: City Manager recommend-
ing approval of the Assignment of Lease
Agreement for Dubuque Casino Hotel, LLC to
DuPaco Community Credit Union as security
for financing of Dubuque Casino Hotel, LLC's
current indebtedness. This item was withdrawn
from the agenda at the request of the property
owner.
Stipulation of Settlement — Property Tax
Appeal: City Attorney recommending approval
of the Stipulation of Settlement for First North-
western Trust & Nellis Management for proper-
ty located at 1500 John F. Kennedy Road
(Long John Silver's). Upon motion the docu-
ments were received, filed, and approved.
Iowa Economic Development Authority
(IEDA): Correspondence from the Director of
the Iowa Economic Development Authority
(IEDA) Director Deborah Durham informing the
City that it has approved the eligibility of
Dubuque Convention & Visitors Bureau for
Fiscal Year 2012 Regional Sports Authority
District Certification. Upon motion the docu-
ments were received and filed.
Iowa Department of Natural Resources
(IDNR): City Manager transmitting corre-
spondence from the Iowa Department of Natu-
ral Resources (IDNR) informing the City it has
placed the Water Pollution Control Plant Co-
generation Facilities Project on the Fundable
List of the Intended Use Plan (IUP) for the
Fiscal Year 2012 3rd Quarter IUP. Upon motion
the documents were received and filed.
Regional Transit Authority (RTA) — Termi-
nation of Lease Agreement: City Manager rec-
ommending termination of the City's lease with
the Regional Transit Authority (RTA) for two
light -duty Sprinter buses in the exchange for a
payment to the City of $24,181.18. Upon mo-
408 Regular Session, November 7, 2011 Book 141
tion the documents were received, filed, and
approved.
Signed Contracts: A) Dittmer Recycling In-
corporated Amendment to Agreement; B)
Strand Associates Water Pollution Control
Plant Modifications Project Change Order No.
11 with Miron Construction Co., Inc.; C) Strand
Associates Water Pollution Control Plant Modi-
fications Project Change Order No. 12 with
Miron Construction Co., Inc.; D) Strand Asso-
ciates Water Pollution Control Plant Modifica-
tions Project Change Order No. 13 with Miron
Construction Co., Inc.; E) Interstate Power &
Light Soil Use Agreement for Excess Excavat-
ed Soil; F) Allender Butzke Engineers, Inc.,
Water Pollution Control Plant Modifications
Project Amendment No. 2 for Geotechnical
Engineering Services; G) Vendor Services
Agreement with Environmental Management
Services of Iowa, Inc. for asbestos removal
related to the Fire Department Headquarters
Roof Replacement Project; H) Indemnification
Agreement between the City of Dubuque and
Ronald and Sandy Conrad; I) Public Improve-
ment Contract between the City of Dubuque
and Vorwald Log & Lumber for the deconstruc-
tion of the commercial building at 501 Garfield
Avenue. Upon motion the documents were
received and filed.
Alcohol Compliance — Civil Penalties for
Alcohol License Holders for HyVee Wine &
Spirits: City Manager recommending approval
of the Acknowledgement / Settlement Agree-
ment for an alcohol compliance violation for
HyVee Wine & Spirits at 3500 Dodge Street.
Upon motion the documents were received,
filed, and approved.
Alcohol Compliance — Civil Penalties for
Alcohol License Holders for Kalmes Breaktime
Bar & Grill: City Manager recommending ap-
proval of the Acknowledgement / Settlement
Agreement for an alcohol compliance violation
for Kalmes Breaktime Bar & Grill at 1097
Jackson Street. Upon motion the documents
were received, filed, and approved.
Liquor License Refund: Cafe Mana Java
West requesting a refund on Special Class "C"
Liquor License No. BW0093112 in the amount
of $253.13. Upon motion the documents were
received, filed, and approved.
Liquor License Applications: City Manager
recommending approval of annual liquor li-
cense renewals as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 366 -11 Granting the issuance of a
Class "B" (Hotel /Motel) Liquor License to
Grand Harbor Resort & Water Park, Hotel Ju-
lien Dubuque; a Class "C" Beer /Liquor License
to Yen Ching Restaurant, Aragon Tap; a Class
"B" Wine Permit to Target Store T -0086, and a
Class "WBN" Native Wine Permit to Kwik Stop;
and Resolution No. 367 -11 Granting the issu-
ance of a Class "B" Beer Permit to Jumpin'
Jane's Indoor Party Center; a Class "C" Beer
Permit to Big 10 Mart Car Wash, Kwik Stop,
Target Store T -0086, and Kwik Stop Food Mart
were adopted.
RESOLUTION NO. 366 -11
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
nances relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Liquor License.
CLASS "B" (HOTEL /MOTEL) LIQ-
UOR LICENSE
Platinum Holdings, LLC, Grand Harbor Re-
sorUWater Park +(Sunday /Outdoor Sale), 350
Bell St.
HDJ Subtenant LLC, Hotel Julien Dubuque
+(Sunday /Outdoor Sale), 200 Main St.
CLASS "C" BEER /LIQUOR LICENSE
Hernandez Corporation, Yen Ching Res-
taurant, 926 Main St.
Aragon Tap, Inc., Aragon Tap, Inc.
+(Sunday Sale), 1103 Iowa St.
CLASS "B" WINE
Target Corporation, Target Store T -0086,
3500 Dodge St.
CLASS "WBN" NATIVE WINE
Rainbo Oil Company, Kwik Stop, 4110
Dodge St.
Rainbo Oil Company, Kwik Stop, 4039
Pennsylvania Ave.
Passed, approved and adopted this 7th day
of November, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 367 -11
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
ined and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
Book 141 Regular Session, November 7, 2011 409
comply with the Ordinances of the City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Beer Permit.
CLASS "B" BEER PERMIT
R2K Entertainment, Jumpin' Jane's Indoor
Party Center
+(Sunday Sale), 4292 Dodge St.
CLASS "C" BEER PERMIT
Molo Oil Company, Big 10 Mart Car Wash
+(Sunday Sale), 1875 JFK Rd.
Rainbo Oil Company, Kwik Stop +(Sunday
Sale), 4110 Dodge St.
Target Corp., Target Store T -0086
+(Sunday Sale), 3500 Dodge St.
Rainbo Oil Company, Kwik Stop Food Mart
+(Sunday Sale), 4039 Pennsylvania Ave.
Passed, approved and adopted this 7th
day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7 -0.
Grand River Center — Exhibit Hall Carpet
Replacement: City Manager recommending
setting a public hearing for November 21, 2011
and initiations of the public bidding process for
the Grand River Center exhibit Hall Carpet
Replacement Project. Upon motion the docu-
ments were received and filed and Resolution
No. 368 -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
was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on Novem-
ber 21, 2011 in the Historic Federal Building.
RESOLUTION NO. 368 -11
GRAND RIVER CENTER EXHIBIT HALL
CARPET REPLACEMENT PROJECT - PRE-
LIMINARY APPROVAL OF PLANS, SPECI-
FICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF
PUBLIC HEARING ON PLANS, SPECIFICA-
TIONS, FORM OF CONTRACT, AND ESTI-
MATED COST; AND ORDERING THE AD-
VERTISEMENT 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 Grand Riv-
er Center Exhibit Hall Carpet Replacement
Project, in the estimated amount $125,000, are
hereby preliminarily approved and ordered
filed in the office of the City Clerk for public
inspection.
A public hearing will be held on the 11th
day of November, 2011, at 6:30 p.m. in the
Council Chambers, second floor of the Historic
Federal Building, 350 West 6th Street, Dubu-
que, Iowa, 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 esti-
mated cost of the Project.
The Grand River Center Exhibit Hall Car-
pet Replacement Project is hereby ordered to
be advertised for bids for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements 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
before 2:00 p.m. on the 23rd day of November,
2011. Bids shall be opened and read by the
City Clerk at said time and will be submitted to
the City Council for final action at 6:30 p.m. on
the 5th day of December, 2011, in Council
Chambers, second floor of the Historic Federal
Building, 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 7th day
of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Old Main Urban Revitalization Area Plan:
City Manager recommending setting a public
hearing for November 21, 2011 to consider an
amendment to the Old Main Urban Revitaliza-
tion Area Plan. Upon motion the documents
were received and filed and Resolution No.
369 -11 Acknowledging a proposed amend-
410 Regular Session, November 7, 2011 Book 141
ment to the Plan for the Old Main Urban Revi-
talization Area and providing for a public hear-
ing was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on Novem-
ber 21, 2011 in the Historic Federal Building.
RESOLUTION NO. 369 -11
ACKNOWLEDGING A PROPOSED
AMENDMENT TO THE PLAN FOR THE OLD
MAIN URBAN REVITALIZATION AREA AND
PROVIDING FOR A PUBLIC HEARING
Whereas, the City Council has found that
an amendment to the Old Main Urban Revitali-
zation Area Plan as established by Ordinance
No. 87 -2002 is necessary; and
Whereas, Chapter 404 of the Code of Iowa
provides that a public hearing shall be held on
a proposed amendment to the Plan for the
revitalization area.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the proposed amendment
to the Old Main Urban Revitalization Plan No-
vember 2011 Amendment, a copy of which is
attached hereto and made a part hereof, shall
be made a matter of record and shall be avail-
able for public inspection in the Office of the
City Clerk at City Hall, 50 West 13th Street,
Dubuque, Iowa.
Section 2. That the City Clerk is directed to
publish notice of a public hearing on the pro-
posed amendment to the Old Main Urban Re-
vitalization Area Plan to be held on November
21, 2011 at 6:30 p.m. in the City Council
Chambers, god Floor, Historic Federal Building,
350 West 6th Street, Dubuque, Iowa 52001.
Passed, approved and adopted this 7th day
of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
University of Dubuque Geothermal Line —
Bennett Street Easement: City Manager rec-
ommending setting a public hearing for No-
vember 21, 2011 to consider granting an
easement across Bennett Street to accommo-
date the geothermal system for the University
of Dubuque Performing Arts Center. Upon
motion the documents were received and filed
and Resolution No. 370 -11 Resolution of Intent
to dispose of City interest by Grant of Ease-
ment for private utility to University of Dubuque
for an underlying portion of Bennett Street was
adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on November 21,
2011 in the Historic Federal Building.
RESOLUTION NO. 370 -11
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST BY GRANT OF EASEMENT
FOR PRIVATE UTILITY TO UNIVERSITY OF
DUBUQUE FOR AN UNDERLYING POR-
TION OF BENNETT STREET
Whereas, University of Dubuque has re-
quested a "Grant of Easement" for private
utility for an underlying portion of Bennett
Street for the supply and return lines of a geo-
thermal system; and
Whereas, WHKS has prepared and sub-
mitted to the City Council an exhibit showing
the underlying portion of Bennett Street, run-
ning between Lot 2 -15 and Lot 1- 1 -2 -14 both
in O'Hare's Subdivision for the proposed geo-
thermal lines in the City of Dubuque, Dubuque
County, Iowa, should be approved.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque in-
tends to grant an easement for an underlying
portion of Bennett Street in the City of Dubu-
que, Dubuque County, Iowa.
Section 2. That the granting of easement in
the City of Dubuque, Dubuque County, Iowa to
the University of Dubuque be contingent upon
the payment of $500.00, plus platting fees.
Section 3. That the City Clerk be and is
hereby authorized and directed to cause a
notice of intent to dispose of City interest by
grant of easement for an underlying portion of
Bennett Street to be published in the manner
as prescribed by law.
Passed, approved and adopted this 7th day
of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin J. Firnstahl, City Clerk
Lower Bee Branch Creek Enhancement —
Floating Island: City Manager recommending
setting a public hearing for December 5, 2011
and initiation of the public bidding process for
the Bee Branch Creek Floating Island Project.
Upon motion the documents were received
and filed and Resolution No. 371 -11 Prelimi-
nary 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 (Lower Bee Branch
Creek Floating Island Project) was adopted
setting a public hearing for a meeting to com-
mence at 6:30 p.m. on December 5, 2011 in
the Historic Federal Building.
RESOLUTION NO. 371 -11
LOWER BEE BRANCH CREEK FLOATING
ISLAND PROJECT - PRELIMINARY AP-
PROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST; SETTING DATE OF PUBLIC HEAR-
ING ON PLANS, SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATED COST;
Book 141 Regular Session, November 7, 2011 411
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 Lower Bee
Branch Creek Floating Island Project, in the
estimated amount of $198,495.00, are hereby
preliminarily approved and ordered filed in the
office of the City Clerk for public inspection.
A public hearing will be held on the 5th day
of December, 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 cir-
culation 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 inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The Lower Bee Branch Creek Floating Is-
land Project is hereby ordered to be advertised
for bids for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements 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
before 2:00 p.m. on the 8th day of December,
2011. Bids shall be opened and read by the
City Clerk at said time and will be submitted to
the City Council for final action, at 6:30 p.m., in
the Historic Federal Building Council Cham-
bers (second floor), 350 West 6th Street,
Dubuque, Iowa, on the 19th day of December,
2011.
Passed, approved and adopted this 7th day
of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Lower Bee Branch Creek Enhancement —
Overlooks: City Manager recommending set-
ting a public hearing for December 5, 2011
and initiation of the public bidding process for
the Overlooks enhancement related to the
Lower Bee Branch Creek Restoration Project.
Upon motion the documents were received
and filed and Resolution No. 372 -11 Prelimi-
nary 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 (Lower Bee Branch
Creek Enhancement — Overlooks) was adopt-
ed setting a public hearing for a meeting to
commence at 6:30 p.m. on December 5, 2011
in the Historic Federal Building.
RESOLUTION NO. 372 -11
LOWER BEE BRANCH CREEK
OVERLOOK PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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 Lower Bee
Branch Creek Overlook Project, in the esti-
mated amount of $1,170,411.00, are hereby
preliminarily approved and ordered filed in the
office of the City Clerk for public inspection.
A public hearing will be held on the 5th day
of December, 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 cir-
culation 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 inter-
ested person may appear and file objections to
the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The Lower Bee Branch Creek Overlook
Project is hereby ordered to be advertised for
bids for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements 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
412 Regular Session, November 7, 2011 Book 141
forty -five days before the date for filing bids
before 2:00 p.m. on the 8th day of December,
2011. Bids shall be opened and read by the
City Clerk at said time and will be submitted to
the City Council for final action, at 6:30 p.m., in
the Historic Federal Building Council Cham-
bers (second floor), 350 West 6th Street,
Dubuque, Iowa, on the 19th day of December,
2011.
Passed, approved and adopted this 7th day
of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS /COMMISSIONS
Applicants were invited to address the City
Council regarding their desire to serve on the
following Boards /Commissions:
Environmental Stewardship Advisory
Commission: One 3 -year term through Octo-
ber 1, 2014 (expired term of Cawley). Appli-
cant: Wayne Klostermann, 2636 Queen Street.
Human Rights Commission: One 3 -year
term through January 1, 2014 (vacant term of
Gloss). Applicants: Nickie Blume, 2523 Wash-
ington Street; Miguel Jackson, 631 University
Avenue.
Zoning Advisory Commission: One 3 -year
term through July 1, 2013 (vacant term of
Stiles). Applicant: Eugene Bird, Jr., 3357 Ar-
rowwood Lane.
Appointments to the following
Boards/Commissions:
Plumbing Code Board: One 3 -year term
through November 2, 2014 (Expiring term of
Willenborg). Applicant: Harlan Willenborg,
3254 Lake Ridge Drive. Motion by Lynch to
appoint Harlan Willenborg to the Plumbing
Code Board for a 3 -year term through Novem-
ber 2, 2014. Seconded by Resnick. Motion
carried 7 -0.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
Sale of Property — 2315 Jackson Street:
Proof of publication of notice of public hearing
to consider the sale of City -owned property
located at 2315 Jackson Street to Raymond
Pfeiffer for the purchase price of $74,000 and
the City Manager recommending approval.
Motion by Connors to receive and file the doc-
uments and adopt Resolution No. 373 -11 Ap-
proving the sale of real estate (Specifically,
East I/2 Of Lot 24A in L.H. Langworthy's Addi-
tion in the City of Dubuque, County of Dubu-
que, Iowa, according to the recorded plat
thereof, 2315 Jackson Street.) Seconded by
Lynch. Motion carried 7 -0.
RESOLUTION NO. 373 -11
APPROVING THE SALE OF REAL ESTATE
SPECIFICALLY— 2315 JACKSON STREET
Whereas, pursuant to a notice, duly pub-
lished in the Telegraph Herald newspaper, in
the City Council of Dubuque, Iowa, met on the
October 17, 2011, in the Dubuque Historic
Federal Building, 350 West 6th Street, Dubu-
que, Iowa to consider the proposal to dispose
of City -owned real estate located at 2315
Jackson Street.
East '/% of Lot 24A in L.H. Langworthy's
Addition in the City of Dubuque, Iowa, County
of Dubuque, Iowa, according to the recorded
plat thereof
Whereas, a qualifying home buyer, Ray-
mond Pfeiffer, has signed an offer to purchase
and has obtained financing from a local lender;
and
Whereas, the City Council of the City of
Dubuque, Iowa has overruled any and all ob-
jections, oral and written, to the proposal to
dispose of the interest of the City of Dubuque,
Iowa, in the herein and above -named real es-
tate to the above -named grantee.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves the sale of the following legally -
described property: East I/2 of Lot 24A in L.H.
Langworthy's Addition in the City of Dubuque,
Iowa, County of Dubuque, Iowa, according to
the recorded plat thereof, at the cost of Seven-
ty -Four Thousand Five Hundred Dollars
($74,500).
Section 2. That the City of Dubuque be and
is hereby authorized to provide a Warranty
Deed to the buyer, conveying the City's inter-
est to Raymond Pfeiffer for the herein -
described real estate.
Section 3. That the City Clerk be and he is
hereby authorized and directed to cause said
Warranty Deed to be recorded in the Office of
the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and he is
hereby authorized and directed to forward a
copy of this Resolution to the Dubuque Count
Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 7th day
of November 2011.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
Book 141 Regular Session, November 7, 2011 413
ACTION ITEMS
Dubuque Main Street — Historic Millwork
District: Dubuque Main Street Executive Direc-
tor Dan LoBianco presented an update on the
history and progress of projects in the Historic
Millwork District, and Resource Development
Director Ryan Dierks described how the pro-
jects relate to the Sustainability Principles Mo-
tion by Connors to receive and file the infor-
mation. Seconded by Resnick. Motion carried
7 -0.
Citizen Petition — Run Off on Kaufmann
Avenue and Valeria Street: Residents of the
Kaufmann Avenue and Valeria Street neigh-
borhood submitting a petition regarding water
runoff behind their homes west of Cushing
Street. Motion by Connors to receive and file
the documents and refer to staff with a rec-
ommendation to returned to Council. Second-
ed by Braig. Valeta Brown, 433 Kaufmann
Avenue, speaking on behalf of the area resi-
dents, described the referenced drainage and
flooding issues, and distributed pictures. Mo-
tion carried 7 -0.
Wild Rose Estates Final Plat — Intersection
Visibility: City Manager recommending that the
sight distance issue at Wild Rose Lane and
Middle Road needs to be resolved by the de-
veloper prior to further processing of the Final
Plat. Motion by Connors to receive and file the
documents and approve the recommendation.
Seconded by Jones. Motion carried 7 -0.
Consent Decree — Request for Inflow and
Infiltration Inspectors: City Manager recom-
mending authorization to create two- full -time
inflow and infiltration (I &I) inspectors and to
purchase two new vehicles for the positions,
which will increase the City's ability to conduct
sanitary sewer inflow and infiltration inspec-
tions at businesses and homes in order to
comply with the Environmental Protection
Agency (EPA) Consent Decree. Motion by
Jones to receive and file the documents and
approve the recommendation. Seconded by
Connors. Motion carried 7 -0.
Shelter Plus Care Program — Funding Re-
quest: City Manager recommending approval
to provide $5,000 in support of continued ad-
ministration of the Shelter Plus Care Program
through the balance of Fiscal Year 2012. Mo-
tion by Connors to receive and file the docu-
ments and approve the recommendation. Se-
conded by Braig. Motion carried 7 -0.
Code of Ordinances Amendment - Water
Meters and Related Accessories: City Manag-
er recommending approval of an Ordinance
Amendment to Sections 13-1B-1 to 13-1B-11
to incorporate Unmeasured Flow Reducer
(UFR) devices and clarify the property owner's
responsibility for the care of the water meter
assembly. 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. Motion carried
7 -0.
Motion by Connors for final consideration
and passage of Ordinance No. 49 -11 Amend-
ing City of Dubuque Code of Ordinances Title
13 Public Utilities, Chapter 1 Water Use and
Services, Article B Water Meters, Sections 13-
1B-1 to 1301B -11 by incorporating the regula-
tion of Unmeasured Flow Reducer Devices
and clarifying the property owner's responsibil-
ity for the care of the water meter assembly.
Seconded by Jones. Motion carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 49 -11
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 13 PUBLIC UTILITIES,
CHAPTER 1 WATER USE AND SERVICE,
ARTICLE B WATER METERS, SECTIONS
13 -1B -1 — 13 -1B -11 BY INCORPORATING
THE REGULATION OF UNMEASURED
FLOW REDUCER DEVICES AND CLARIFY-
ING THE PROPERTY OWNER'S RESPON-
SIBILITY FOR THE CARE OF THE WATER
METER ASSEMBLY
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Sections 13-1B-1 — 13-1B-11 of
the City of Dubuque Code of Ordinances are
amended to read as follows:
13 -1B -1: METERS REQUIRED:
All permanent services must be me-
tered, except fire protection services, which
may or may not be metered, at the discre-
tion of the city manager or the city manag-
er's designee.
13 -1B -2: METERS FURNISHED BY
CITY OR OWNER:
All water meters in sizes from five -
eighths inch (5/8 ") to one inch (1 "), inclu-
sive, are furnished by the city without ex-
pense and repaired and kept in first class
condition by the city. Only one (1) meter
will be furnished for each service line. Me-
ters in excess of one (1) desired for a sin-
gle service line must be purchased by the
owner of the building in which the service
is located. Meters above one inch (1 ") in
size must be purchased from the city and
installed and maintained by the owner of
the property.
13 -1B -3: UNMEASURED FLOW RE-
414 Regular Session, November 7, 2011 Book 141
DUCER INSTALLED:
All unmeasured flow reducer (UFR) de-
vices must be installed where a five -
eighths inch (5/8 ") or three - quarters inch
(3/4 ") meter is installed and a pressure re-
ducing valve or RPZ backflow device is not
installed, and where by installing this de-
vice does not compromise the water pres-
sure to be less than 35 PSI. The UFR de-
vice will be furnished by the city as part of
the water meter assembly.
13 -1B -4: LOCATION, METHOD OF
INSTALLATION:
A. Meters must be installed just in-
side of the basement wall at the end of
the service pipe described in this chap-
ter. Except as otherwise authorized by
the city manager or city manager's de-
signee, the regular couplings, which
are sold as part of the meter, must re-
main intact when the meter has been
installed.
B. All meters must be installed hori-
zontally between one foot (1') and four
feet (4') above the basement floor. A
suitable place must be provided for the
meter so as to keep it dry and clean
and readily accessible at all times to
the meter reader and inspectors of the
city.
C. Wherever it is impossible to in-
stall a meter in the basement, the
plumber or other authorized person
must obtain special instructions as to
its installation from the city manager or
the city manager's designee.
D. A valve must be placed at the in-
let side and a valve on the outlet side of
all meters. The types of permissible
valves must be approved by the city
manager or the city manager's design-
ee.
E. Should the city manager deter-
mine that any meter has been improp-
erly installed, notice must be given to
the owner requiring correction of the
defect. If such defect is not corrected
within five (5) days of such notice, the
city manager may direct that the water
supply be shut off and not be turned on
again until the defect has been repaired
and a charge as established by the city
manager has been paid.
13 -1 B -5: REMOTE READERS:
A. Unless otherwise required by the
city manager or the city manager's de-
signee, all water meters must have re-
mote readers. The remote reader must
be installed at a location acceptable to
the city manager or the city manager's
designee. Wiring for connecting the wa-
ter meter to the remote reader must be
of the type designated by the city man-
ager or the city manager's designee.
The remote reader must be of the type
designated by the city manager or the
city manager's designee. The remote
reader must be installed as required by
the city manager or the city manager's
designee at a charge to the owner or
owners as established by the city man-
ager or the city manager's designee.
Payment for the remote reader or
readers must be made at the time of
application for service.
B. Remote readers and related
wires are the property of the city and
must not be removed, painted, or al-
tered in any way from the place where
installed except as authorized by the
city manager or the city manager's de-
signee. Tampering with a remote read-
er or related wires will result in a fee
established by the city manager, with
the fee being charged to the owner of
the property.
13 -1B -6: SERVICES LARGER THAN
TWO INCHES:
For services larger than two inches
(2 ") in diameter, the city reserves the
right to have installed two (2) or more
meters of smaller size. Where meters
are so placed, each meter must have a
valve or shutoff on both inlet and outlet
pipe, in addition to the basement
shutoff.
13 -1B -7: INSTALLING MULTIPLE ME-
TERS IN SAME BUILDING:
In the case that two (2) or more me-
ters are desired for measuring water to
different tenants in the same building
from one service connection, they must
be placed so that not one of them
measures water that has passed
through another meter.
13 -1B -8: PROTECTING METER AND
ACCESSORIES FROM DAMAGE:
The owner of the premises where a
meter is installed is responsible for the
care and protection of the meter, re-
mote meter, related wires, and UFR
device where applicable, from freezing
or hot water and from other injury or in-
terference. In all cases where meters,
remote meters, related wires, or UFR
devices are broken or damaged except
for ordinary wear, the necessary re-
pairs will be made by the city and the
cost charged to the owner of the prem-
ise. In case payment thereof is ne-
glected or refused, the water supply
must be turned off until full payment
has been made, together with a charge
as established by the city manager or
Book 141 Regular Session, November 7, 2011 415
the city manager's designee.
13 -1B -9: RIGHT TO REPAIR WITH-
OUT NOTICE; TAMPERING PROHIBIT-
ED:
Damaged or stopped meters, re-
mote readers, related wires, and UFR
devices may be removed and repaired
by the city without first giving notice
thereof to the owner or user. No one
shall in any way interfere with the prop-
er registration of a water meter, remote
reader, related wires, or UFR device
and no one except an authorized city
employee can break a seal, tamper
with, or damage any meter, remote
reader, related wires, or UFR device;
provided, however, that the city man-
ager or city manager's designee may
grant permission to a licensed plumber
in case of emergency to break such
seal for draining pipes or stopping wa-
ter leaks.
13- 1B -10: CHECK VALVES ON WA-
TER HEATERS:
Every hot water system should
have a check valve installed between
such system and the water meter.
Wherever a check valve is installed,
there must also be installed on the hot
water distributing system a suitable re-
lief valve to protect the system from ex-
cessive pressure from hot water or
steam.
13- 1B -11: ACCURACY, TESTING:
A. Where the accuracy of a meter is
questioned, it will be removed by the
city at the request of the consumer and
will be tested in his or her presence by
the city by means of the apparatus pro-
vided for that purpose. Both parties to
the test must accept the findings thus
made.
B. If the meter is found to register
satisfactorily the water actually flowing
through it, a charge as established by
the city manager or city manager's de-
signee will be made to pay the cost of
conducting the test. If the meter is
found to register unsatisfactorily the
water flowing through it, no charge will
be made for the test, and a proportional
reduction will be made from the previ-
ous bill.
C. A water meter is considered to
register satisfactorily when it registers
within two percent (2 %) of accuracy.
13- 1B -12: READING METERS:
Meters on all services must be read
monthly.
Section 2. This Ordinance takes effect up-
on publication.
Passed, approved and adopted the 7th day
of November, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
Newspaper the 11th day of November, 2011.
/s/Kevin S. Firnstahl
Jule Transit — Shopping Circulator Route
Changes: City Manager recommending ap-
proval of the Shopping circulator route and the
resulting changes in the Red, Green and Grey
Lines. Motion by Connors to receive and file
the documents and approve the recommenda-
tion. Seconded by Resnick. Transit Manager
Barbara Morck gave a slide presentation on
the change in routes. Motion carried 7 -0.
Dubuque Racing Association (DRA): Cor-
respondence from Jesus Aviles Aviles, Presi-
dent and CEO of the Dubuque Racing Associ-
ation (DRA) requesting appointments of the
required governmental representatives to its
Board of Directors, currently Mayor Buol,
Council Members Ric Jones, Kevin Lynch, and
City Manager Michael Van Milligen. Motion
Connors to receive and file the documents and
re- appoint Mayor Buol, Council Members
Jones and Lynch, and City Manager Van Milli -
gen. Seconded by Braig. Motion carried 7 -0.
Request for Work Session — Roundabouts:
City Manager requesting setting a work ses-
sion for Monday, December 19, 2011 to pro-
vide an overview of roundabout concepts and
benefits in lieu of traditional intersection design
and signalization. Motion by Braig to receive
and file the documents and schedule the work
session as recommended. Seconded by Con-
nors. Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Resnick recognized Veteran's Day this
coming Friday and encourage citizens to en-
gage in local activities and events that support
local veterans.
CLOSED SESSION
Motion by Jones to enter into closed ses-
sion at 8:32 p.m. regarding pending litigation
and property acquisition pursuant to Chapter
21.5(1)(c)(j) Code of Iowa. Seconded by Res-
nick. Motion carried 7 -0.
Upon motion the City Council reconvened
in open session at 9:40 p.m. stating that staff
had been given proper direction.
There being no further business, upon mo-
tion the City Council adjourned at 9:41 p.m.
/s/Kevin S. Firnstahl
City Clerk
416 Special & Regular Sess.
ons, November 21, 2011 Book 141
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special ses-
sion at 5:00 p.m. on November 21, 2011 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members,
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton, City Manager Van Milligen; City Attorney
Lindahl
Mayor Buol read the call and stated this is
a special session of the City Council to con-
duct a work session on the Family Self -
Sufficiency Program.
WORK SESSION
Family Self- Sufficiency Program
Housing and Community Development Di-
rector David Harris introduced staff members
Carroll Clark, Erica Haugen, and Ermina Soler
who provided a slide presentation on the Fami-
ly Self- Sufficiency Experience, the Bridges
Initiative (Bridges Out of Poverty, Getting
Ahead and Circles). Topics discussed includ-
ed:
Family Self- Sufficiency Experience
• Family responsibilities
• Program coordinator responsibilities
• Section 8 Voucher participation; con-
tracts and case management
• Program initiatives, education and
employment outcomes
Bridges Initiative
• Bridges Out of Poverty; training pro-
grams, funding sustainability, continu-
ing education and employment suc-
cess outcomes
• Getting Ahead
o Program initiatives, educa-
tion and employment suc-
cess outcomes and gradua-
tion
• Circles
o Program history, initiatives,
demographics and success
outcomes
Measuring changes in social equity and real -
life impact
Resources, partnerships, case studies, and
reporting measures
There being no further business, upon motion
the City Council adjourned at 5:38 p.m.
/s/Kevin S. Firnstahl
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular
session at 6:30 p.m. on November 21, 2011 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Buol, Council Members,
Braig, Connors, Jones, Lynch, Resnick, Sut-
ton, City Manager Van Milligen; City Attorney
Lindahl
Mayor Buol read the call and stated this is
a regular session of the City Council to con-
duct such business that may properly come
before Council.
PLEDGE OF ALLEGIANCE
INVOCATION
Major Tom Mason, Salvation Army
SWEARING IN
Fourth Ward City Council Member Lynn Sutton
Mayor Buol presented the Individual -
Career Award from the Iowa Emergency Medi-
cal Services Association (IEMSA) to Fire Cap-
tain Roger Wernimont.
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion
carried 7 -0.
Minutes and Reports Submitted: Airport
Commission of 9/12, Cable Teleprogramming
Commission 9/6, City Council Proceedings of
11/7, Historic Preservation Commission Edu-
cation Task Force of 11/2, Housing Code Ap-
peals Board of 7/19, Housing Commission of
9/27, Park and Recreation Commission of
10/11, Zoning Advisory Commission of 11/2,
Zoning Board of Adjustment of 10/27
Library Board of Trustees Update from
Meeting of October 27, 2011
Upon motion the documents were received
and filed.
Notice of Claims /Suits: Jason Duggan for
vehicle damage, Christina Forsythe for vehicle
damage, Roger Ruh for vehicle damage, Betty
Tigges for property damage. Upon motion the
documents were received, filed and referred to
the City Attorney.
Book 141 Regular Session, November 21, 2011 417
City Attorney advising that the following
claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Com-
munities Assurance Pool: Jason Duggan for
vehicle damage, Kenneth Miller for vehicle
damage, Christina Forsythe for vehicle dam-
age. Upon motion the documents were re-
ceived, filed and concurred.
Wingate Place Subdivision — Acceptance
of Improvements: City Manager recommend-
ing acceptance of the public improvements
that the developers, GNZ Properties, Inc., Lar-
ry A. Miller and Delbert G. Miller, have recently
completed in Wingate Place No. 3 and Win-
gate Place No. 4. Upon motion the documents
were received and filed and Resolution No.
374 -11 Accepting public improvements in
Wingate Place No. 3 and Wingate Place No. 4
was adopted.
RESOLUTION NO. 374 -11
ACCEPTING PUBLIC IMPROVEMENTS IN
WINGATE PLACE NO. 3 AND WINGATE
PLACE NO. 4
Whereas, pursuant to Resolutions 152 -10
and 360 -10, certain public improvements in-
cluding street paving with curb and gutter, san-
itary sewer, watermain, storm sewer and
stormwater detention facilities, catch basins,
and street lighting were installed by the devel-
opers of Wingate Place No. 3 and Wingate
Place No. 4; and
Whereas, the improvements have been
completed and the City Manager has exam-
ined the work and has filed a certificate stating
that the same, except the stormwater deten-
tion facilities, have been completed in accord-
ance with the plans approved by the City
Council and in conformance with City specifi-
cations, and has recommended that the im-
provements be accepted by the City Council.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said public
improvements, except the stormwater deten-
tion facilities, in Wingate Place No. 3 and Win-
gate Place No. 4 be and the same is hereby
accepted.
Section 2. That maintenance of said public
improvements shall be the responsibility of the
owners for a period of two (2) years from the
date of this resolution.
Passed, approved and adopted this 21st
day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Water Pollution Control Plant Construction
Camera Documentation Services: City Man-
ager recommending selection of Multivista to
provide construction camera documentation
services for the Water Pollution Control Plant
Modifications Project for a proposed fee of
$65,985, and approval to negotiate and enter
into an agreement with Multivista. Upon motion
the documents were received, filed, and ap-
proved.
H1B Technical Skills Training Grant — Let-
ter of Support: City Manager transmitting cor-
respondence in support of Skill Up: Up- skilling
IT in Iowa & Wisconsin proposal submitted by
Northeast Iowa Community College in re-
sponse to the HiB Technical Skills Training
Grants program. Upon motion the documents
were received, filed, and approved.
ABC Supply — Amendment to Lease
Agreement: City Manager recommending ap-
proval of the First Amendment to the lease
agreement with American Builders and Con-
tractor's Supply Company, Inc. (ABC Supply).
Upon motion the documents were received
and filed and Resolution No. 375 -11 Approving
a First Amendment to the lease agreement
between the City of Dubuque, Iowa, and Amer-
ican Builders and Contractor's Supply Co., Inc.
(ABC Supply) was adopted.
RESOLUTION NO. 375 -11
APPROVING A FIRST AMENDMENT TO
THE LEASE AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND AMERICAN
BUILDERS AND CONTRACTOR'S SUPPLY
CO., INC. (ABC SUPPLY)
Whereas, the City of Dubuque, Iowa (City)
owns the real property located at 10 South
Main Street in the City of Dubuque, Iowa; and
Whereas, City and ABC Supply have nego-
tiated a 5 year Lease Agreement for the prop-
erty located at 10 South Main Street, a copy of
which Lease Agreement is on file at the office
of the City Clerk, City Hall, 13th and Central
Avenue, Dubuque, Iowa; and
Whereas, City and ABC Supply have
agreed to amend Section 1.1 of the Lease
Agreement where ABC Supply waives all
rights to terminate the lease; and
Whereas, ABC Supply agrees to reimburse
the City for an amount agreed upon for con-
verting the existing wet fire sprinkler system to
a dry fire sprinkler system; and
Whereas, the City Council believes it is in
the best interests of the City of Dubuque to
approve the First Amendment.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The First Amendment between
City and ABC Supply is hereby approved and
the City Manager is authorized to execute said
418 Regular Session, November 21, 2011 Book 141
amendment on behalf of the City of Dubuque.
Passed, approved and adopted this 21st
day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Voluntary Dental Plan — Acceptance of
Renewal Rates: City Manager recommending
approval of the premiums for the dental plan,
which are paid by the employee. Upon motion
the documents were received, filed, and ap-
proved.
Delinquent Water, Sewer, Storm Water,
and Refuse Assessments: City Manager rec-
ommending approval to certify delinquent wa-
ter, sewer, storm water and refuse charges to
the Dubuque County Treasurer in order to
establish real property liens for collection of
such charges. Upon motion the documents
were received and filed and Resolution No.
376 -11 Adopting the Schedule of Assessments
for delinquent water, sewer, refuse and storm -
water accounts and directing the City Clerk to
certify the Schedule of Assessments to the
County Treasurer and to publish notice thereof
was adopted.
RESOLUTION NO. 376 -11
ADOPTING THE SCHEDULE OF ASSESS-
MENTS FOR DELINQUENT WATER, SEW-
ER, REFUSE AND STORMWATER AC-
COUNTS AND DIRECTING THE CITY
CLERK TO CERTIFY THE SCHEDULE OF
ASSESSMENTS TO THE COUNTY TREAS-
URER AND TO PUBLISH NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the Sched-
ule of Assessments attached hereto for delin-
quent water, sewer, refuse, and stormwater
accounts which Schedule of Assessments was
filed in the office of the City Clerk on the 14th
day of November, 2011, the said Schedule of
Assessments be and the same is hereby ap-
proved and adopted.
That there be, and is hereby assessed and
levied as a lien upon the real property, the
respective sums indicated.
That the City Clerk be and is hereby di-
rected to certify said schedule to the County
Treasurer of Dubuque County, Iowa, and to
publish notice of said certification once each
week for two consecutive weeks in the manner
provided in Iowa Code § 362.3, the first publi-
cation of which shall be not more than fifteen
days from the date of filing of the final sched-
ule. On or before the date of the second publi-
cation of the notice, the City Clerk shall also
mail a copy of said notice to property owners
whose property is subject to assessment, as
provided and directed in Iowa Code § 384.60.
The assessments may be paid in full or in
part at the Utility Billing Office, City Hall, 50 W.
13th Street, Dubuque, Iowa, at any time within
30 days after the date of the first publication of
the notice of the filing of the Schedule of As-
sessments with the County Treasurer. After 30
days, unpaid assessments are payable at the
County Treasurer's Office, Dubuque County
Courthouse, 720 Central Avenue, Dubuque,
Iowa, and charges shall be collected in the
same manner as general property taxes
against the respective parcels of the property
set opposite the name of the property owner.
Passed, approved and adopted this 21st
day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
SCHEDULE OF ASSESSMENTS FOR DE-
LINQUENT WATER, SEWER, REFUSE AND
STORMWATER ACCOUNTS
Customer Name, Service Address Acct
Balance, Admin Fee, Total Balance
Aaron J Lincoln, 704 Caledonia St, 53.18,
5.00, 58.18
Allan R Brimeyer, 327 Klingenberg Ter,
196.55, 5.00, 201.55
Amber M Fleege, 3056 White St, 54.68,
5.00, 59.68
Amy J Shepherd & John E Hulsizer, 922
Garfield Ave, 21.73, 5.00, 26.73
Angie Grimes, 2695 Dove St, 46.07, 5.00,
51.07
Anna M Riniker, 2528 Jackson St, 106.68,
5.00, 111.68
Antonio G Conley, 1104 Riverview St,
50.71, 5.00, 55.71
Auto & Truck Parts Inc, 3000 Jackson St,
364.09, 5.00, 369.09
Barry F Landolt, 911 Garfield Ave, 74.62,
5.00, 79.62
Bayview Investments LC, 30 W 28th St,
38.15, 5.00, 43.15
Bill J Finn, 1860 Heeb St, 50.91, 5.00,
55.91
Bill J Finn, 2010 Shelby St, 131.88, 5.00,
136.88
Bryan R Glanz, 2995 Hillcrest Rd, 478.14,
5.00, 483.14
Charles J Massey, 209 Dillon St, 100.82,
5.00, 105.82
Charles W Wehrspann, 3870 Creston St,
60.90, 5.00, 65.90
Charmayne M McMurray, 1855 Rhomberg
Ave, 57.90, 5.00, 62.90
Chris C Clark, 2411 Rhomberg Ave, 45.71,
5.00, 50.71
Chris F Curfman, 82 Alpine St, 23.42, 5.00,
28.42
Chris J Feldman, 1675 Amy Ct, 139.14,
Book 141 Regular Session, November 21, 2011 419
5.00, 144.14
Christopher J Mayne, 1001 Garfield Ave,
135.96, 5.00, 140.96
CK Concrete Construction LLC, 7869
Commerce Park, 176.64, 5.00, 181.64
Colleen Gerhard, 1085 Roosevelt St,
43.05, 5.00, 48.05
Colon Bobbitt, 501 Obeche Ct, 229.14,
5.00, 234.14
D W Geiger, 2600 Central Ave, 523.89,
5.00, 528.89
Dale B Walker, 830 Valentine Dr, 40.60,
5.00, 45.60
Dale F Walbrun, 2300 Jackson St, 157.02,
5.00, 162.02
Dallas M Kalmes, 1038 Bluff St, 398.60,
5.00, 403.60
Daniel J Pfeiffer, 510 Angella St, 40.79,
5.00, 45.79
Daniel J Siefker, 1838 Central Ave, 588.04,
5.00, 593.04
David & Laurie Vonah, 2320 White St,
47.38, 5.00, 52.38
Dean W Miller, 604 Rhomberg Ave, 78.93,
5.00, 83.93
Debbie L Feldman, 739 W 8th St, 249.69,
5.00, 254.69
Deutsche Bank National Trust, 475 Valeria
St, 193.76, 5.00, 198.76
Don D Heim, 596 University Ave, 105.28,
5.00, 110.28
Donald S Rogers, 749 Wilson St, 101.81,
5.00, 106.81
Donovan J Nelson, 1684 W 3rd St, 432.53,
5.00, 437.53
Doris Mantrenach, 369 Clarke Dr, 316.52,
5.00, 321.52
Doug Wolff, 2020 Rockdale Rd, 75.33,
5.00, 80.33
Ed F Davis, 971 Bluff St, 246.19, 5.00,
251.19
Fred J Husemann III, 2926 Washington St,
188.13, 5.00, 193.13
G C F, 295 Bradley St, 264.13, 5.00,
269.13
Gary A Hansen, 2060 Ellen St, 10.83, 5.00,
15.83
Gary Bernhard, 1110 Roosevelt St, 79.34,
5.00, 84.34
Gary Bernhard, 1100 Roosevelt St, 207.31,
5.00, 212.31
Gary E & Susan M Bay, 1805 Jackson St,
317.10, 5.00, 322.10
Gary E & Susan M Bay, 1815 Jackson St,
377.26, 5.00, 382.26
H & R Properties, 1586 Washington St,
189.63, 5.00, 194.63
Ivan P Divino, 345 W Locust St Apt 3,
288.89, 5.00, 293.89
Ivan P Divino, 522 Rhomberg Ave Apt 1,
39.18, 5.00, 44.18
Ivan P Divino, 520 Rhomberg Ave Apt 2,
46.83, 5.00, 51.83
Ivan P Divino, 345 W Locust St Apt 1,
53.35, 5.00, 58.35
Ivan P Divino, 345 W Locust St Apt 2,
57.10, 5.00, 62.10
J Foht, 723 Peru Rd, 207.31, 5.00, 212.31
James J Healey, 2435 Coates St, 18.90,
5.00, 23.90
Jamie J Miller, 2450 Merfeld Ln, 40.82,
5.00, 45.82
Janet Udelhofen, 2139 Central Ave,
433.50, 5.00, 438.50
Jay C Close, 689 W Locust St, 252.61,
5.00, 257.61
Jayme J Mescher, 2577 Glenview Cr,
270.80, 5.00, 275.80
Jeffrey J Welter, 695 Kane St, 51.17, 5.00,
56.17
Jeffrey T Smith, 1265 Thomas PI, 216.51,
5.00, 221.51
Jeremy D Shireman, 2225 St Celia St,
116.73, 5.00, 121.73
Jerod F & Sarah A Bennett, 750 Kelly Ln,
157.02, 5.00, 162.02
Jesse Rans, 2008 Foye St, 118.33, 5.00,
123.33
Jody & Jason P McCarty, 2170 Deborah
Dr, 233.60, 5.00, 238.60
Joel F Cabral, 24 Milwaukee St, 81.96,
5.00, 86.96
John & Sally Jo Herrig, 2119 Rhomberg
Ave Apt 2, 76.08, 5.00, 81.08
John A & Megan R Glassbrenner, 555 W
17th St, 492.82, 5.00, 497.82
John H White, 955 Jackson St, 19.46,
5.00, 24.46
John R Barbee, 3085 Oak View Ct, 243.10,
5.00, 248.10
Joseph Healey, 1012 Wilson St, 107.41,
5.00, 112.41
Josie M Hagensten, 9 E 26th St, 246.19,
5.00, 251.19
George E Salser Jr, 514 Angella St, 48.57,
5.00, 53.57
Judy A Beecher, 55 Milwaukee St, 157.08,
5.00, 162.08
Julie Leclere, 2491 Hempstead St, 104.61,
5.00, 109.61
Julie Leclere, 2489 Hempstead St, 142.36,
5.00, 147.36
Kathryn A Schrauth, 410 Kaufmann Ave,
75.97, 5.00, 80.97
Kenneth A Ginter, 2662 Ogle St, 121.54,
5.00, 126.54
Kenneth E Keller, 2054 Jackson St # 2,
307.11, 5.00, 312.11
Kermit Jackson, 1875 Clarke Dr, 24.34,
5.00, 29.34
Kevin J Klein, 2422 Washington St,
207.49, 5.00, 212.49
Key City Land Investments LLC, 3270
Dodge St, 712.34, 5.00, 717.34
420 Regular Session, November 21, 2011 Book 141
Key City Properties LLC, 3125 Cedar Crest
Rdg, 258.67, 5.00, 263.67
Key City Properties LLC, 3131 Cedar Crest
Rdg, 317.28, 5.00, 322.28
Kress Industrial Facility LLC, Seippel Rd
Commercial Park, 242.61, 5.00, 247.61
Kristi M Eppler, 2305 Queen St, 88.11,
5.00, 93.11
Kristina M Williams, 2161 Washington St,
186.90, 5.00, 191.90
Larry Oglesby, 712 Hill St Apt 1, 116.50,
5.00, 121.50
Larry P & Cheryl A Conley, 2512 Broadway
St, 22.87, 5.00, 27.87
Laura & Toby Benson, 1625 N Algona St,
347.24, 5.00, 352.24
Lonnie L Allen, 2565 Front St, 169.48,
5.00, 174.48
Lynn F Schmitz, 1040 Roosevelt St,
165.24, 5.00, 170.24
Lynn F Schmitz, 1030 Roosevelt St,
347.44, 5.00, 352.44
Main Street Development Co, 100 Main St,
801.90, 5.00, 806.90
Mardi Gras Estates LC, 2588 Central Ave,
60.48, 5.00, 65.48
Marie E Gerhard, 16497 Middle Rd,
104.57, 5.00, 109.57
Mark Krolich, 743 Louise St, 155.61, 5.00,
160.61
Martin Schadl, 3170 Keokuk Ct, 27.83,
5.00, 32.83
Mary B Mellor, 3110 Sheridan Rd, 330.52,
5.00, 335.52
Maurice A Kirchberg, 396 W Locust St,
85.82, 5.00, 90.82
Mcstac Properties LLC, 2276 Central Ave
Apt 1, 38.27, 5.00, 43.27
MCSTAC Properties LLC, 2335 Garfield
Ave, 38.50, 5.00, 43.50
Michael Dennison, 595 Angella St, 292.97,
5.00, 297.97
Michael J Schetgen, 3922 Inwood Ave,
205.51, 5.00, 210.51
Michael Kane, 2222 Washington St,
168.37, 5.00, 173.37
Michael Lloyd, 2046 Morningview Rd,
102.67, 5.00, 107.67
Michelle Scott, 607 W 8th St, 38.10, 5.00,
43.10
Nadine M Banfield, 932 Merz St, 16.37,
5.00, 21.37
Nathan B Boyes, 977 Cleveland Ave,
124.15, 5.00, 129.15
Nathan B Boyes, 1402 Lincoln Ave Apt 2,
170.57, 5.00, 175.57
Nathan B Boyes, 1402 Lincoln Ave Apt 1,
213.02, 5.00, 218.02
Nina K Nelson, 520 Lincoln Ave, 289.49,
5.00, 294.49
Ocean Rock Investments Llc, 915 Thomas
PI, 324.12, 5.00, 329.12
Patrick J Norton, 2739 Burden St, 198.75,
5.00, 203.75
Patrick R Marsh, 158 Bluff St, 83.26, 5.00,
88.26
Paul B Breitbach, 523 Southern Ave,
155.79, 5.00, 160.79
Perry D Sopina, 116 W 13th St 1st FI,
34.95, 5.00, 39.95
Perry Sopina, 116 W 13th St #2 2nd FI,
214.71, 5.00, 219.71
Philip F Schromen, 713 Peru Rd, 220.85,
5.00, 225.85
Quattro C Properties LLC, 2670 Raven
Oaks Dr, 156.41, 5.00, 161.41
Quattro C Properties LLC, 2674 Raven
Oaks Dr, 49.35, 5.00, 54.35
Randy Mills, 3055 Brunskill Rd, 60.28,
5.00, 65.28
Rebecca A Stover, 2875 Argyle St, 165.65,
5.00, 170.65
Rebecca S Brandenburg, 1404 Lincoln
Ave, 598.19, 5.00, 603.19
Richard D Ames, 2337 Cherry St, 153.81,
5.00, 158.81
Ricky J Hurst, 3975 Inwood Ave, 207.31,
5.00, 212.31
Roger Richard, 1598 Washington St,
229.29, 5.00, 234.29
Ron Rudiger, 590 Angella St, 216.22, 5.00,
221.22
Ronald L Houselog, 716 E 22nd St, 34.49,
5.00, 39.49
Ronda S Carpenter, 2655 Beverly Ave,
221.58, 5.00, 226.58
Ryan A Neuhaus, 355 Kaufmann Ave,
27.75, 5.00, 32.75
Ryan P Hickson, 743 Cleveland Ave,
76.36, 5.00, 81.36
Sandy L Hefel, 1289 W 5th St, 40.84, 5.00,
45.84
Sara J Hines, 2169 Elm St, 229.12, 5.00,
234.12
Scott M Bries, 735 Kirkwood St 2nd,
135.35, 5.00, 140.35
Secretary Of Housing & Urban, 2224 Fran-
cis St Apt 1, 26.05, 5.00, 31.05
Secretary Of Housing & Urban, 2224 Fran-
cis St Apt 2, 26.05, 5.00, 31.05
Secretary Of Housing & Urban, 2222 Fran-
cis St, 29.79, 5.00, 34.79
Sherrie L Jones, 2790 Andrew Ct, 177.46,
5.00, 182.46
Steven J Kaiser, 3405 Jackson St, 111.07,
5.00, 116.07
Thomas & Martha Blake, 2414 Windsor
Ave Apt 1, 40.19, 5.00, 45.19
Thomas Cunningham, 1576 Locust St,
54.21, 5.00, 59.21
Thomas J & Martha J Blake, 357 Kauf-
mann Ave Apt 2, 138.48, 5.00, 143.48
Thomas J & Martha J Blake, 809 W 8th St
# 2, 186.09, 5.00, 191.09
Book 141 Regular Session, November 21, 2011 421
Thomas J & Martha J Blake, 2301 White St
Apt 2, 193.31, 5.00, 198.31
Thomas J & Martha J Blake, 2214 Jackson
St # 2, 229.53, 5.00, 234.53
Thomas J Wernimont, 1328 Jackson St,
116.16, 5.00, 121.16
Timothy K Manning, 1552 Locust St,
145.98, 5.00, 150.98
Tina M Pluemer, 890 Pleasant St, 106.08,
5.00, 111.08
Tom E Connolly, 2900 Indiana Ave,
229.00, 5.00, 234.00
Tom J Ede, 3951 Inwood Ave, 207.31,
5.00, 212.31
Tri -State Property Management, 665 Jef-
ferson St, 85.41, 5.00, 90.41
Tri -State Property Management, 663 Jef-
ferson St, 76.96, 5.00, 81.96
Tri -State Property Management, 539
Pickett St, 77.22, 5.00, 82.22
Tri -State Property Management, 773 N
Booth St, 132.38, 5.00, 137.38
Vicki L Rako, 1017 Bluff St, 159.71, 5.00,
164.71
Vikki L Vondran, 2490 Green St, 142.93,
5.00, 147.93
Walter W Mclaughlin, 689 W 8th St, 53.49,
5.00, 58.49
Wayne & Allie Ross, 556 W 17th St,
202.31, 5.00, 207.31
Wells Fargo Bank Na Trustee, 1683 Wis-
consin Ave, 187.56, 5.00, 192.5
Drug Abuse Resistance Education
(DARE): City Manager recommending approv-
al of the 2011/2012 Drug Abuse Resistance
Education (DARE) agreement between the
City of Dubuque Police Department and the
Dubuque Community School District. Upon
motion the documents were received, filed,
and approved.
Plat of Survey — J.J. Kemp Place: Zoning
Advisory Commission recommending approval
of the Plat of Survey of J.J. Kemp Place (408
Hill Street) as requested by James R. and Jo
A. Edwards. Upon motion the documents were
received and filed and Resolution No. 350 -11
Approving the Plat of Survey of J.J. Kemp
Place in the City of Dubuque, Iowa, was
adopted.
RESOLUTION NO. 350 -11
APPROVING THE PLAT OF SURVEY OF J.
J. KEMP PLACE IN CITY OF DUBUQUE,
IOWA
Whereas, there has been filed with the City
Clerk a Plat of Survey of J. J. Kemp Place in
the city of Dubuque, Iowa; and
Whereas, said Plat of Survey provides 0
feet of frontage for Lot 1 and Lot 2 on a public
or approved private street and 2,362 square
feet of lot area for Lot 2, where 50 feet of
street frontage and 5,000 square feet of lot
area is required by Section 11 -14 of Title 16 of
the City of Dubuque Code of Ordinances, Uni-
fied Development Code; and
Whereas, said Plat of Survey has been ex-
amined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been ex-
amined by the City Council and they find that it
conforms to the statutes and ordinances relat-
ing thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11 -14 of Title 16 of
the City of Dubuque Code of Ordinances, Uni-
fied Development Code, is waived to allow 0
feet of frontage on a public street or an ap-
proved private street for Lot 1 and Lot 2 and
2,362 square feet of lot area for Lot 2.
Section 2. That the Plat of Survey of J. J.
Kemp Place is hereby approved and the
Mayor and City Clerk are hereby authorized
and directed to endorse the approval of the
City of Dubuque, Iowa upon said Plat of Sur-
vey.
Passed, approved and adopted this 21st
day of November 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Plat of Survey — McNamer Acres #3: Zon-
ing Advisory Commission recommending ap-
proval of the Plat of Survey of McNamer Acres
#3 (west end of Manson Road) as requested
by Marty McNamer. Upon motion the docu-
ments were received and filed and Resolution
No. 377 -11 Approving the Plat of Survey of
McNamer Acres #3 in the City of Dubuque,
Iowa, was adopted.
RESOLUTION NO. 377 -11
APPROVING THE PLAT OF SURVEY OF
MCNAMER ACRES #3 IN CITY OF DUBU-
QUE, IOWA
Whereas, there has been filed with the City
Clerk a Plat of McNamer Acres #3 in the city of
Dubuque, Iowa ; and
Whereas, said Plat of Survey provides 0
feet of frontage for Lot 2 on a public or ap-
proved private street, where 50 feet of street
frontage is required by Section 11 -14 of Title
16 of the City of Dubuque Code of Ordinances,
Unified Development Code; and
Whereas, said Plat of Survey has been ex-
amined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been ex-
amined by the City Council and they find that it
conforms to the statutes and ordinances relat-
ing thereto.
422 Regular Session, November 21, 2011 Book 141
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11 -14 of Title 16 of
the City of Dubuque Code of Ordinances, Uni-
fied Development Code, is waived to allow 0
feet of frontage on a public street or an ap-
proved private street for Lot 2, where 50 feet is
required.
Section 2. That the Plat of Survey of
McNamer Acres #3 is hereby approved and
the Mayor and City Clerk are hereby author-
ized and directed to endorse the approval of
the City of Dubuque, Iowa upon said Plat of
Survey.
Passed, approved and adopted this 21st
day of November 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Final Plat — Knepper Addition: Zoning Ad-
visory Commission recommending approval of
the Final Plat of Knepper Addition (1834 Creek
Wood Drive) as requested by Buesing & Asso-
ciates. Upon motion the documents were re-
ceived and filed and Resolution No. 379 -11
Approving the Final Plat of Knepper Addition in
the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 379 -11
APPROVING THE FINAL PLAT KNEPPER
ADDITION IN THE CITY OF DUBUQUE, AND
DUBUQUE COUNTY, IOWA.
Whereas, there has been filed with the City
Clerk the Final Plat Knepper Addition in the
City of Dubuque, and Dubuque County, Iowa;
and
Whereas, said Final Plat provides 0 feet of
frontage for Lot 1, Lot 2 and Lot 3 on a public
street or approved private street and 2,744
square feet of lot area for Lot 3, where 50 feet
of frontage and 5,000 square feet of lot are
required by Section 11 -14 of Title 16 of the
City of Dubuque Code of Ordinances, Unified
Development Code; and
Whereas, said Final Plat has been exam-
ined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said Final Plat has been exam-
ined by the City Council and they find that it
conforms to the statues and ordinances relat-
ing to it.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11 -14 of Title 16 of
the City of Dubuque Code of Ordinances, Uni-
fied Development Code, is waived to allow 0
feet of frontage on a public street or an ap-
proved private street for Lot 1, Lot 2 and Lot 3,
and 2,744 square feet of lot area for Lot 3.
Section 2. That the Final Plat Knepper Ad-
dition is hereby approved and the Mayor and
City Clerk are hereby authorized and directed
to endorse the approval of the City of Dubu-
que, Iowa upon said final plat.
Passed, approved and adopted this 21st
day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Mines of Spain — Resource Enhancement
and Protection (REAP) Grant: City Manager
recommending approval of the Resource En-
hancement and Protection (REAP) grant
agreement with the Iowa Department of Natu-
ral Resources for $200,000 in funds to be used
toward acquisition of 52.19 acres adjacent to
the E.B. Lyons Interpretive Center and the
Mines of Spain State Recreation Area. Upon
motion the documents were received and filed
and Resolution No. 380 -11 Authorizing REAP
Grant Agreement with Iowa Department of
Natural Resources for land acquisition for E.B.
Lyons Interpretive Center and Mines of Spain
was adopted.
RESOLUTION NO. 380-11
AUTHORIZING REAP GRANT AGREE-
MENT WITH IOWA DEPARTMENT OF
NATURAL RESOURCES FOR LAND AC-
QUISITION FOR E.B. LYONS INTERPRE-
TIVE CENTER AND MINES OF SPAIN
Whereas, the Iowa Department of Natural
Resources has allocated $200,000 in FY
2012 REAP (Resource Enhancement and
Protection) Program grant funds for land
acquisition of 52.19 acres (Bottoms Property)
adjacent to the E.B. Lyons Interpretive Cen-
ter and Mines of Spain; and
Whereas, the City of Dubuque has en-
tered into a purchase agreement with the
Iowa Natural Heritage Foundation for acquisi-
tion of said 52.19 acres (Bottoms Property)
adjacent to the E.B. Lyons Interpretive Cen-
ter and Mines of Spain.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is author-
ized to sign and the Planning Services Man-
ager is hereby authorized to submit the
REAP grant agreement with the Iowa De-
partment of Natural Resources for $200,000
in REAP grant funds for land acquisition of
52.19 acres (Bottoms Property) adjacent to
the E.B. Lyons Interpretive Center and Mines
of Spain.
Section 2. The City Council hereby pro-
vides its written assurance that the complet-
ed project will be adequately maintained for
its intended use in accordance with state
requirements.
Passed, approved and adopted this 21st
Book 141 Regular Session, November 21, 2011 423
day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Smart Planning Consortium Update: City
Manager transmitting an update on the Octo-
ber 5, October 26, and November 9, 2011
Smart Planning Consortium Meetings. Minutes
of the October 5 and October 26, 2011 meet-
ings, Housing Goals and Objectives, and
Smart Planning Public Input Meeting schedule
are also provided. Upon motion the documents
were received and filed.
Demolition of Flood- Damaged Properties:
City Manager recommending approval of a
contract with ECIA which utilizes FEMA Public
Assistance funds for administration, fencing
and demolition costs associated with the flood
damaged properties at 1580 Old Mill Road,
1658 Manson Road and 1654 Manson Road.
Upon motion the documents were received,
filed, and approved.
Iowa League of Cities — Audit Committee:
City Manager submitting correspondence that
Finance Director Ken TeKippe will be serving
on the Iowa League of Cities' Audit Commit-
tee. Upon motion the documents were re-
ceived, filed, and approved.
2011 Sewer Cured -in -Place Pipe (CIPP)
Lining Project: City Manager recommending
acceptance of the construction contract for the
2011 Sewer Cured -in -Place Pipe (CIPP) Lining
Project as completed by Visu- Sewer, Inc., in
the final contract amount of $94,363.75. Upon
motion the documents were received and filed
and Resolution No. 381 -11 Accepting the 2011
Sewer Cured -in -Place Pipe (CIPP) Lining Pro-
ject and authorizing the payment of the con-
tract amount to the contractor was adopted.
RESOLUTION NO. 381 -11
ACCEPTING THE 2011 SEWER CURED -IN-
PLACE PIPE (CIPP) LINING PROJECT AND
AUTHORIZING THE PAYMENT OF THE
CONTRACT AMOUNT TO THE CONTRAC-
TOR
Whereas, the Public Improvement Contract
for the 2011 Sewer Cured -In -Place Pipe
(CIPP) Lining Project (the Project) has been
completed and the City Engineer has exam-
ined 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; and
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 Storm Sewer Repairs, Street Program
Related Sanitary Sewer, and Sanitary Sewer
Lining Program appropriations for the contract
amount of $94,363.75 less any retained per-
centage provided for therein as provided in
Iowa Code chapter 573, and to pay such re-
tainage only in accordance with the provisions
of Iowa Code chapter 573.
Passed, approved and adopted this 21st
day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE 2011 SEWER
CURED -IN -PLACE PIPE (CIPP) LINING
PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the 2011 Sewer Cured -In -Place
Pipe (CIPP) Lining Project, that the Project has
been performed in compliance with the terms
of the Public Improvement Contract, and that
the total cost of the completed work is
$95,963.75.
Dated this 15th day of November, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 15th
day of November, 2011.
Kevin S. Firnstahl, City Clerk
Dubuque Audubon Society — Letter of
Support: City Manager transmitting corre-
spondence from the Dubuque Audubon Socie-
ty in support of the proposed Overlooks and
Floating Island enhancements for the Lower
Bee Branch Creek Restoration Project. Upon
motion the documents were received and filed.
Cottingham & Butler, Inc., Amendments to
CEBA and Enterprise Zone Agreements: City
Manager recommending amendments to the
CEBA and Enterprise Zone Agreements for
Cottingham & Butler, Inc. Upon motion the
documents were received and filed and Reso-
lution No. 382 -11 Authorizing the Approval of
an amendment to the CEBA and Enterprise
Zone Agreements with Cottingham & Butler,
Inc., was adopted.
RESOLUTION NO. 382 -11
AUTHORIZING THE APPROVAL OF AN
AMENDMENT TO THE CEBA AND ENTER-
PRISE ZONE AGREEMENTS WITH COT -
TINGHAM & BUTLER, INC.
Whereas, the Iowa Economic Development
Authority's Community Economic Betterment
424 Regular Session, November 21, 2011 Book 141
Account (CEBA) was designed to assist in the
economic development efforts of local jurisdic-
tions; and
Whereas, The Iowa Economic Develop-
ment Authority approved Agreement Number
07- CEBA -13 with the City of Dubuque and
Cottingham & Butler on May 7, 2007 for the
expenditure of Community Economic Better-
ment funds; and
Whereas, The Iowa Economic Develop-
ment Authority approved Agreement Number
07 -EZ -021 with the City of Dubuque and Cot -
tingham & Butler for the project to receive En-
terprise Zone funds; and
Whereas, Cottingham & Butler desire to
amend the agreements and have requested to
extend the job certification date to December
31, 2012.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the amendment to extend
the job certification date to December 31, 2012
for the Community Economic Betterment Ac-
count program and Enterprise Zone program
on behalf of Cottingham & Butler, Inc. is here-
by approved.
Section 3. That the Mayor is hereby au-
thorized to execute the amendment and the
City Manager is hereby directed to submit said
amendment to the Iowa Economic Develop-
ment Authority together with such documents
as may be required.
Passed, approved, and adopted this 21st
day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Mediacom Communications: Communica-
tion from Lee Grassley, Senior Manager of
Government Relations for Mediacom Commu-
nications Company, informing the City of rate
adjustments. Upon motion the documents
were received and filed.
Creek Wood Park — Alliant Energy Grant
Application: City Manager recommending ap-
proval to apply for an Alliant Energy Founda-
tion grant for development of Creek Wood
Park. Upon motion the documents were re-
ceived, filed, and approved.
Bee Branch Creek Restoration Project —
Acquisition of Lot 351: City Manager recom-
mending the acquisition of the W '/% and E '/%
Lot 351 East Dubuque Addition (Junnie &
Rich's Coin Partnership) through the process
of eminent domain at the appraised value of
$66,950 for the Bee Branch Creek Restoration
Project. Upon motion the documents were
received and filed and Resolution No. 383 -11
Authorizing the acquisition by eminent domain
of certain real property owned by Junnie &
Rich's Coin Partnership in the City of Dubu-
que, Iowa, was adopted.
RESOLUTION NO. 383 -11
AUTHORIZING THE ACQUISITION BY EMI-
NENT DOMAIN OF CERTAIN REAL PROP-
ERTY OWNED BY JUNNIE & RICH'S COIN
PARTNERSHIP IN THE CITY OF DUBUQUE,
IOWA
Whereas, the City of Dubuque (City) in-
tends to acquire certain real property owned
by Junnie & Rich's Coin Partnership (Owner)
legally described as follows (the Property):
W '/% of Lot 351 and the E '/% of Lot 351 in
East Dubuque Addition, all in the City of
Dubuque, Dubuque County, Iowa, as shown
on Exhibit A attached hereto for the purpose of
constructing, operating, and maintaining the
Bee Branch Creek, a stormwater management
project; and
Whereas, City has made a good faith effort
to negotiate with the Owner to purchase the
Property before proceeding with condemna-
tion.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Manager is hereby authorized to
commence proceedings for the acquisition of
the Property by eminent domain.
Passed, approved and adopted this 21st
day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Property Acquisition of Excess County
Parcels: City Manager recommending acquisi-
tion of five excess parcels that the Dubuque
County Treasurer is disposing of. Upon motion
the documents were received, filed, and ap-
proved.
Abstract of Votes: Dubuque County Board
of Supervisors submitting the Abstract of Votes
for the General Election held the 8th day of
November, 2011. Upon motion the documents
were received and filed.
Signed Contracts: A) Contract with Mark
Fondell Excavating, Inc., for demolition of 2263
and 2275 Elm Street; B) 2011 -2012 Ameri-
corps Grant Application; C) IBM FOAK
Agreement Change Request Form. Upon mo-
tion the documents were received and filed.
Liquor License Applications: City Manager
recommending approval of annual liquor li-
cense renewals as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 384 -11 Granting the issuance of a
Class "C" Beer /Liquor License to Double Shot,
Book 141 Regular Session, November 21, 2011 425
Bridge Restaurant; a Class "C" Liquor License
to Cookin' Something Up; a Class "B" Wine
License to Sam's Club #4973, Iowa Street
Market; a Class "WBN" Native Wine License to
Kwik Stop Food Market, Plaza 20 BP /Amoco,
Freddie's Popcorn Co.; and Resolution No.
385 -11 Granting the issuance of a Class "C"
Beer Permit to Iowa Street Market, Kwik Stop
Food Mart, Plaza 20 BP /Amoco, Sam's Club
#4973 were adopted.
RESOLUTION NO. 384 -11
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
nances relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named appli-
cants a Liquor License.
CLASS "C" BEER /LIQUOR LICENSE
Tim Specht, Double Shot +(Sunday Sale),
2093 Washington
Raysan Corp., Bridge Restaurant
+(Sunday Sale), 31 Locust St.
SPECIAL CLASS "C" LIQUOR LICENSE
Cookin' Something Up, Cookin' Something
Up +(Sunday Sale), 1640 JFK Rd.
CLASS "B" WINE
Sam's West, Inc., Sam's Club #4973, 4400
Asbury Rd.
Iowa Street Market, Inc., Iowa Street Mar-
ket, 1250 Iowa St.
CLASS "WBN" NATIVE WINE LICENSE
Rainbo Oil Company, Kwik Stop Food
Mart, 2320 Hwy 61
R Future, Inc., Plaza 20 BP /Amoco, 2600
Dodge St.
Glen Stillmunkes, Freddies Popcorn Co.,
1066 Main St.
Passed, approved and adopted this 21st
day of November, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 385 -11
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
ined and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Beer Permit.
CLASS "C" BEER PERMIT
Iowa Street Market, Inc., Iowa Street Mar-
ket +(Sunday Sale), 1256 Iowa St.
Rainbo Oil Company, Kwik Stop Food Mart
+(Sunday Sale), 2320 Hwy 61
R Future, Inc., Plaza 20 BP /Amoco
+(Sunday Sale), 2600 Dodge St.
Sam's West, Inc., Sam's Club # 4973
+(Sunday Sale), 4400 Asbury Rd.
Passed, approved and adopted this 21st
day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7 -0.
General Obligation Bonds: City Manager
recommending setting a public hearing for
December 5, 2011 on the proposition of selling
not to exceed $9,000,000 in General Obliga-
tion Bonds for essential corporate purposes.
Upon motion the documents were received
and filed and Resolution No. 386 -11 Fixing
date for a meeting on the proposition of the
issuance of not to exceed $9,000,000 General
Obligation Bonds (for essential corporate pur-
poses) of the City of Dubuque, Iowa, and
providing for publication of notice thereof was
adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on December 5,
2011 in the Historic Federal Building.
RESOLUTION NO. 386 -11
RESOLUTION FIXING DATE FOR A MEET-
ING ON THE PROPOSITION OF THE ISSU-
ANCE OF NOT TO EXCEED $9,000,000
GENERAL OBLIGATION BONDS (FOR ES-
SENTIAL CORPORATE PURPOSES) OF
THE CITY OF DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION OF NO-
TICE THEREOF
WHEREAS, it is deemed necessary and
advisable that the City of Dubuque, Iowa,
should issue General Obligation Bonds, to the
amount of not to exceed $9,000,000, as au-
thorized by Section 384.25, of the City Code of
Iowa, for the purpose of providing funds to pay
426 Regular Session, November 21, 2011 Book 141
costs of carrying out essential corporate pur-
pose projects as hereinafter described; and
WHEREAS, before the Bonds may be is-
sued, it is necessary to comply with the provi-
sions of the Code, and to publish a notice of
the proposal to issue such Bonds and of the
time and place of the meeting at which the
Council proposes to take action for the issu-
ance of the Bonds and to receive oral and /or
written objections from any resident or proper-
ty owner of the City to such action.
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,
Dubuque, Iowa, at 6:30 o'clock P.M., on the
5th day of December, 2011, for the purpose of
taking action on the matter of the issuance of
not to exceed $9,000,000 General Obligation
Bonds, for essential corporate purposes of the
City, the proceeds of which Bonds will be used
to provide funds to pay costs of the construc-
tion, reconstruction and repair of street, side-
walk and streetscape improvements, including
those costs associated with the East 7th and
Commercial Street reconstruction and related
improvements, two -way street traffic conver-
sions, and Historic Millwork District "complete
streets" improvements, and the refunding and
refinancing of the General Obligation Capital
Loan Notes, Series 2010F, dated September
20, 2010.
Section 2. To the extent any of the projects
or activities described in this resolution may be
reasonably construed to be included in more
than one classification under Division III of the
City Code of Iowa, the Council hereby elects
the "essential corporate purpose" classification
and procedure with respect to each such pro-
ject or activity, pursuant to Section 384.28 of
the City Code of Iowa.
Section 3. That the Clerk is hereby directed
to cause at least one publication to be made of
a notice of the meeting, in a legal newspaper,
printed wholly in the English language, pub-
lished at least once weekly, and having gen-
eral circulation in the City. The publication to
be not less than four clear days nor more than
twenty days before the date of the public meet-
ing on the issuance of the Bonds.
Section 4. The notice of the proposed ac-
tion to issue the Bonds shall be in substantially
the [provided] form:
Passed and approved this 21st day of
November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
General Obligation Urban Renewal Bonds:
City Manager recommending setting a public
hearing for December 5, 2011 on the proposi-
tion of selling not to exceed $5,000,000 in
General Obligation Urban Renewal Bonds for
Greater Downtown Improvements. Upon mo-
tion the documents were received and filed
and Resolution No. 387 -11 Fixing date for a
meeting on the proposition of the issuance of
not to exceed $5,000,000 General Obligation
Bonds (for urban renewal purposes) of the City
of Dubuque, Iowa, and providing for the publi-
cation of notice thereof was adopted setting a
public hearing for a meeting to commence at
6:30 p.m. on December 5, 2011 in the Historic
Federal Building.
RESOLUTION NO. 387 -11
RESOLUTION FIXING DATE FOR A MEET-
ING ON THE PROPOSITION OF THE ISSU-
ANCE OF NOT TO EXCEED $5,000,000
GENERAL OBLIGATION BONDS (FOR ES-
SENTIAL CORPORATE PURPOSES) OF
THE CITY OF DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION OF NO-
TICE THEREOF
Whereas, it is deemed necessary and ad-
visable that the City of Dubuque, Iowa, should
issue General Obligation Bonds, to the amount
of not to exceed $5,000,000, as authorized by
Sections 384.24(3)(q) and 403.12, of the City
Code of Iowa, for the purpose of providing
funds to pay costs of carrying out essential
corporate purpose (urban renewal) projects as
hereinafter described; and
Whereas, before the Bonds may be issued,
it is necessary to comply with the provisions of
the Code, and to publish a notice of the pro-
posal to issue such Bonds and of the time and
place of the meeting at which the Council pro-
poses to take action for the issuance of the
Bonds and to receive oral and /or written objec-
tions from any resident or property owner of
the City to such action, and to publish a notice
of the proposal to issue such Bonds and the
right to petition for an election.
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,
Dubuque, Iowa, at 6:30 o'clock P. M., on the
5th day of December, 2011, for the purpose of
taking action on the matter of the issuance of
not to exceed $5,000,000 General Obligation
Bonds, for essential corporate purposes of the
City, the proceeds of which Bonds will be used
to provide funds to pay costs of aiding in the
planning, undertaking and carrying out of ur-
ban renewal project activities under the author-
ity of Chapter 403 of the Code of Iowa and the
Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal
District, including those costs associated with
the construction of an intermodal transporta-
Book 141 Regular Session, November 21, 2011 427
tion center, and the acquisition of real property
for public or private redevelopment.
Section 2. To the extent any of the projects
or activities described in this resolution may be
reasonably construed to be included in more
than one classification under Division III of the
City Code of Iowa, the Council hereby elects
the "essential corporate purpose" classification
and procedure with respect to each such pro-
ject or activity, pursuant to Section 384.28 of
the City Code of Iowa.
Section 3. That the Clerk is hereby directed
to cause at least one publication to be made of
a notice of the meeting in a legal newspaper,
printed wholly in the English language, pub-
lished at least once weekly, and having gen-
eral circulation in the City. The publication to
be not less than ten clear days before the date
of the public meeting on the issuance of the
Bonds.
Section 4. The notice of the proposed ac-
tion to issue the Bonds shall be in substantially
the [provided] form:
Passed and approved this 21st day of No-
vember, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS /COMMISSIONS
Appointments to the following
Boards/Commissions:
Environmental Stewardship Advisory
Commission: One 3 -year term through Octo-
ber 1, 2014 (expired term of Cawley). Appli-
cant: Wayne Klostermann, 2636 Queen Street;
and Julie Beck, 1390 Glen Oak (Additional
Applicant). Upon roll call vote of 4 -3, Wayne
Klostermann was appointed to the Environ-
mental Stewardship Advisory Commission for
a 3 -year term through October 1, 2014. Sutton,
Braig and Resnick voting for Beck.
Human Rights Commission: One 3 -year
term through January 1, 2014 (vacant term of
Gloss). Applicants: Nickie Blume, 2523 Wash-
ington Street; and Miguel Jackson, 631 Uni-
versity Avenue. Upon roll call vote of 5 -2, Mi-
guel Jackson was appointed to the Human
Rights Commission for a 3 -year term through
January 2014. Lynch and Resnick voting for
Blume.
Zoning Advisory Commission: One 3 -year
term through July 1, 2013 (vacant term of
Stiles). Applicant: Eugene Bird, Jr., 3357 Ar-
rowwood Lane. Motion by Braig to appoint
Eugene Bird to the Zoning Advisory Commis-
sion for a 3 -year term through July 2, 2013.
Seconded by Jones. Motion carried 7 -0.
PUBLIC HEARINGS
Request to Amend Planned Unit Develop-
ment — Asbury Plaza: Zoning Advisory Com-
mission recommending approval to amend the
Asbury Plaza Planned Unit Development to
allow for a right -in /right -out access to the
Northwest Arterial and to amend the list of
permitted uses, height and sign regulations.
City Manager recommending additional
amendments to the Asbury Plaza Planned Unit
Development.
Correspondence from O'Connor & Thomas
on behalf of the developers requesting that the
request to amend the Planned Unit Develop-
ment for Asbury Plaza be tabled to December
19, 2011.
Motion by Connors to receive and file the
documents and table to December 19, 2011 a
proposed ordinance amending Title 16 of the
City of Dubuque Code of Ordinances, Unified
Development Code by rescinding Ordinances
4 -96, 44 -99, 97 -02, 41 -03, 51 -05 and 65 -06,
which established regulations for Asbury Pla-
za, a planned unit development with a Planned
Commercial Designation, located at the north-
west corner of Highway 32 and Asbury Road
and now being amended to allow vehicle sales
and vehicle service or repair as permitted uses
and amend regulations for signage and build-
ing height. Seconded by Braig. Motion carried
7 -0.
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
Request to Rezone — 2155 Rockdale
Road: Zoning Advisory Commission recom-
mending approval to rezone property located
at 2155 Rockdale Road from R -3 Moderate
Density Multi - Family Residential District tO C -3
General Commercial District as requested by
Joe Sack, Triple J Land Co. LLC / Daryl Birch -
er, DSD Properties.
Citizen petition in opposition to the pro-
posed rezoning.
Citizen petitions in support of the proposed
rezoning.
Motion by Jones to receive and file the
documents and table to December 5, 2011 a
proposed ordinance Amending Title 16 of the
City of Dubuque Code of Ordinances, Unified
Development Code by reclassifying hereinafter
described property located at 2155 Rockdale
Road from R -3 Moderate Density Multi - Family
Residential District to C -3 General Commercial
District. Seconded by Resnick. Business Own-
er /Developer Daryl Biechler, 7762 Wildnest
Lane, spoke in favor of the proposed ordi-
nance and addressed issues raised by proper-
ty owners. Planning Services Manager Laura
428 Regular Session, November 21, 2011 Book 141
Carstens provided a staff report. Richard
Cheney, 2270 Jaeger Drive, spoke in opposi-
tion to the proposed ordinance on behalf of
area residents and cited increased traffic, the
impact of proposed residential development,
commercial property, the future Southwest
Arterial, and detour issues. Table Mound Ele-
mentary School Principal Brenda Mitchell
spoke in opposition to the proposed ordinance
and cited concerns related to the school and
the presence of children. Motion carried 7 -0.
Grand River Center — Exhibit Hall Carpet
Replacement Project: Proof of publication on
notice of public hearing to consider approval of
the plans and specifications for the Grand Riv-
er Center Exhibit Hall Carpet Replacement
Project and the City Manager recommending
approval. Motion by Lynch to receive and file
the docun a ib ad adopt Rescthon No. 388-11 Ppprodng the
plans, gcedrraon5formofocaa a and estiraiioc for the
Grand River Center Exhiat Hal Carpet Replacement Project
Secpondecl by Baig. Motion tarred 7 -0.
RESOLUTION NO. 388 -11
APPROVING THE PLANS, SPECIFICA-
TIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE GRAND RIVER
CENTER EXHIBIT HALL CARPET RE-
PLACEMENT PROJECT
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
Grand River Center Exhibit Hall Carpet Re-
placement Project, in the estimated amount $
156,000, are hereby approved.
Passed, adopted and approved this 21st
day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Old Main Urban Revitalization Area Plan:
Proof of publication on notice of public hearing
to consider an amendment to the Old Main
Urban Revitalization Area Plan and the City
Manager recommending approval.
Correspondence from the Long Range
Planning Commission recommending approval
of the Old Main Urban Revitalization Area Plan
and finding that it is consistent with the 2008
Dubuque Comprehensive Plan
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. Motion
carried 7 -0.
Motion by Connors for final consideration
and passage of Ordinance No. 50 -11 Amend-
ing the existing Old Main Urban Revitalization
Area Plan pursuant to Chapter 404 of the
Code of Iowa. Seconded by Jones. Motion
carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 50 -11
AMENDING THE EXISTING OLD MAIN UR-
BAN REVITALIZATION AREA PLAN PUR-
SUANT TO CHAPTER 404 OF THE CODE
OF IOWA.
Whereas, the City Council of the City of
Dubuque has previously established the Old
Main Urban Revitalization Area by Ordinance
87 -2002, and
Whereas, the City Council finds that the
Old Main Urban Revitalization Area should be
revised to encourage residential uses.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Ordinance 87 -2002 estab-
lishing the Old Main Urban Revitalization Area
Plan is hereby amended.
Section 2. That the Old Main Urban Revi-
talization Area Plan November 2011 Amend-
ment amending Section 5.2 as hereto attached
is hereby adopted and approved and the prop-
erties within said described area shall be sub-
ject to the provisions of said Plan.
Section 3. That said Old Main Urban Revi-
talization Area Plan November 2011 Amend-
ment shall hereafter be on file in the City
Clerk's Office, City Hall, Dubuque, Iowa.
Section 4. That the City Clerk is hereby au-
thorized and directed to publish this Ordi-
nance.
Passed, approved and adopted this 21st
day of November 2011.
/s/Roy D Buol, Mayor
Attest /s /Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald
Newspaper the 25th day of November, 2011.
/s /Kevin S. Firnstahl, City Clerk
University of Dubuque Geothermal Line —
Bennett Street Easement: Proof of publication
on notice of public hearing to consider granting
an easement under Bennett Street to accom-
modate the geothermal system for the Univer-
sity of Dubuque Performing Arts Center and
the City Manager recommending approval.
Motion by Jones to receive and file the docu-
ments and adopt Resolution No. 389 -11 Grant-
ing easement for private utility to University of
Dubuque for an underlying portion of Bennett
Street. Seconded by Braig. Motion carried 7 -0.
Book 141 Regular Session, November 21, 2011 429
RESOLUTION NO. 389 -11
GRANTING EASEMENT FOR PRIVATE
UTILITY TO UNIVERSITY OF DUBUQUE
FOR AN UNDERLYING PORTION OF BEN -
NETT STREET
Whereas, University of Dubuque has re-
quested a "Grant of Easement" for Private
Utility for an underlying portion of Bennett
Street for the supply and return lines of a geo-
thermal system; and
Whereas, WHKS has prepared and sub-
mitted to the City Council an exhibit showing
the underlying portion of Bennett Street, run-
ning between Lot 2 -15 and Lot 1- 1 -2 -14 both
in O'Hare's Subdivision, for the proposed geo-
thermal lines; and
Whereas, the City Council of the City of
Dubuque, Iowa, has determined that the por-
tion of underlying Bennett Street can be uti-
lized for this geo- thermal line crossing of Ben-
nett Street, as shown on the Exhibit A, in the
City of Dubuque, Dubuque County, Iowa,
should be approved.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the "Grant of Easement" for
Private Utility for geo - thermal lines to the Uni-
versity of Dubuque be and the same is hereby
approved.
Passed, approved and adopted this 21st
day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
Multicultural Family Center — 2010 -2011
Annual Report: Multicultural Family Center
Director Tara Velez and Board President Gil
Spence, to present the Center's 2010 -2011
Annual Report. Motion by Connors to receive
and file the information. Seconded by Jones.
Ms. Velez introduced members of the Center's
Board of Directors and provided a slide
presentation on the mission, history and pro-
grams of the Multicultural Family Center. Mo-
tion carried 7 -0.
Urban Mobility Coordinator: Motion by
Jones to receive and file the information. Se-
conded by Braig. Director of Transit Opera-
tions Barbara Morck introduced Urban Mobility
Coordinator Michelle Huseman. Ms. Huseman
provided information on her professional back-
ground. Motion carried 7 -0.
Neighborhood Watch Program — Safe
Community Task Force Recommendation: City
Manager transmitting information regarding the
Neighborhood Watch Program as recom-
mended by the Safe Community Task Force.
Motion by Lynch to receive and file the infor-
mation and approve the recommendation. Se-
conded by Braig. Motion carried 7 -0.
City Hall HVAC Improvements Project: City
Manager recommending award of the contract
to the low bidder, Tri -Con Construction, in the
amount of $684,323, which includes the base
bid for $669,451 and Alternates 2 and 4. Mo-
tion by Braig to receive and file the information
and adopt Resolution No. 390 -11 Awarding the
public improvement contract for the City Hall
HVAC System Improvements Project. Se-
conded by Jones. Motion carried 7 -0.
RESOLUTION NO. 390 -11
AWARDING THE PUBLIC IMPROVEMENT
CONTRACT FOR THE CITY HALL HVAC
SYSTEM IMPROVEMENTS PROJECT
Whereas, sealed proposals have been
submitted by contractors for the City Hall
HVAC System Improvements Project (the Pro-
ject) pursuant to Resolution No. 339 -11 and
Notice to Bidders published in a newspaper
published in the City of Dubuque, Iowa on the
7th day of October, 2011; and
Whereas, said sealed proposals were
opened and read on the 3rd day of November,
2011 and it has been determined that Tricon
General Construction of Dubuque, IA, with a
bid in the amount of $684,323 is the lowest
responsive, responsible bidder for the Project,
including Alternates 2 and 4.
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 Tricon General
Construction and the City Manager is hereby
directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for
the Project.
Passed, approved and adopted this 21st
day of November, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Request for Proposal - Automated Red
Light and Speed Camera Enforcement Pro-
gram: City Manager recommending implemen-
tation of a Red Light and Speed Camera En-
forcement Program and the issuance of a Re-
quest for Proposals to select a vendor. Restat-
ed motion by Jones to receive and file the
documents, approve the issuance of the Re-
quest for Proposals and schedule a work ses-
sion on the topic for January 30, 2011. Se-
conded by Connors. Extensive discussion by
the City Council included concerns over the
430 Regular Session, November 21, 2011 Book 141
need for safety, requesting more research and
input from staff and citizens, the relationship to
the Council's goals and priorities, and the pro-
gram process. Responding to questions from
the City Council, City Manager Van Milligen
stated that the Council would have three to
four additional opportunities to review and vote
on the recommendation. Motion carried 5 -2
with Braig and Resnick voting nay.
Family Self- Sufficiency — Program Coordi-
nator: City Manager recommending funding of
$26,853 be provided in the current fiscal year
to continue the second Family Self- Sufficiency
Coordinator position. Motion by Jones to re-
ceive and file the documents and approve the
recommendation. Seconded by Resnick. Mo-
tion carried 7 -0.
Central Avenue — Two -Hour Parking: City
Manager recommending approval of an ordi-
nance to remove the two -hour parking on the
east side of Central Avenue from East 24th
Street to a point approximately 225 ft. south of
East 24th Street. Motion by Jones to receive
and file the documents and that the require-
ment that a proposed ordinance be considered
and voted on for passage at two Council meet-
ings prior to the meeting at which it is to be
passed be suspended. Seconded by Braig.
Motion carried 7 -0.
Motion by Jones for final consideration and
passage of Ordinance No. 51 -11 Amending
section 9- 14- 321.602(C) of the Code of Ordi-
nances of the City of Dubuque, Iowa, providing
for two -hour parking by deleting certain por-
tions of Central Avenue. Seconded by Braig.
Motion carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 51 -11
AMENDING SECTION 9- 14- 321.602(c) OF
THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA, PROVIDING FOR
TWO -HOUR PARKING BY DELETING CER-
TAIN PORTIONS OF CENTRAL AVENUE
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF THE
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of
the City of Dubuque, Iowa, be amended by
deleting Central Avenue from Subsection (c) of
Section 9 -14- 321.602 as follows:
"Section 9 -14- 321.602. Prohibited on des-
ignated streets or portions thereof."
(c) Time zones designated.
Two Hour Time Zones
* *
Central Avenue, east side, from East 19th
Street to East 24th Street.
Section 2. That the Code of Ordinances of
the City of Dubuque, Iowa, be amended by
adding Central Avenue to Subsection (c) of
Section 9 -14- 321.602 the following:
"Section 9 -14- 321.602. Prohibited on des-
ignated streets or portions thereof."
(c) Time zones designated.
Two Hour Time Zones
* *
Central Avenue, east side, from East 19th
Street to a point two hundred twenty -five feet
(225') south of East 24th Street
Passed, approved and adopted this 21st
day of November, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
Newspaper the 25th day of November, 2011.
/s /Kevin S. Firnstahl, City Clerk
Proposed Contract with Nancy Richardson:
City Manager recommending the City enter
into an agreement with former Iowa Depart-
ment of Transportation Director Nancy Rich-
ardson to provide advocacy services related to
federal transportation policy and funding. Mo-
tion by Connors to receive and file the docu-
ments and approve the recommendation. Se-
conded by Braig. Motion carried 7 -0.
Request for Work Session — Intermodal
Center Design Concepts: City Manager re-
questing scheduling a work session on the
Intermodal Center design concepts as soon as
a date is available, but no later than December
10, 2011. Motion by Braig to receive and file
the documents and schedule a work session
for December 5, 2011. Seconded by Connors.
Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Council Member Sutton reported on the
upcoming Festival of Trees on November 26.
Mayor Buol reported on his attendance at
the recent National League of Cities Confer-
ence in Phoenix, Arizona, and the amount of
interest in Dubuque's sustainability efforts dur-
ing the sessions he facilitated.
There being no further business, upon mo-
tion the City Council adjourned at 8:44 p.m.
/s/Kevin S. Firnstahl
City Clerk
Book 141 Special & Regular Sessions, December 5, 2011 431
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special ses-
sion at 5:30 p.m. on December 5, 2011 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members,
Braig, Connors, Jones, Resnick, Sutton, City
Manager Van Milligen;, City Attorney Lindahl
Absent: Council Member Lynch
Mayor Buol read the call and stated this is
a special session of the City Council to con-
duct a work session on the draft Intermodal
Center design concepts.
WORK SESSION
Draft Intermodal Center Design Concepts
Assistant Economic Development Director
Aaron DeJong provided background infor-
mation on the request for proposal process.
DeJong reviewed several of the campus com-
ponents including the Jule terminal hub, pas-
senger rail platform, and parking facilities add-
ing that the scope of the project is still evolv-
ing. Site issues include the realignment of 9th
and Elm Streets and the Hwy 52 official route.
Tim Schroder, Vice President of Neumann
Monson Architects, provided a slide presenta-
tion on the draft design concepts, general lay-
out and components of the project. Highlights
included ideas for the passenger rail platform,
overhead walkway from the terminal hub to the
parking facilities, exterior materials, landscap-
ing, and gateway signage. Specific design
options will be forthcoming to the City Council
following the request for proposal process.
There being no further business, upon mo-
tion the City Council adjourned at 6:02 p.m.
/s/Kevin S. Firnstahl
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular ses-
sion at 6:30 p.m. on December 5, 2011 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members,
Braig, Connors, Jones, Resnick, Sutton, City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Kevin Lynch
Mayor Buol read the call and stated this is
a regular session of the City Council to con-
duct such business that may properly come
before Council.
Pledge of Allegiance
Invocation was provided by Cindy Pierce of
Temple Beth El.
CONSENT ITEMS
Motion by Jones to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Braig. Will John-
son, 2920 Keyway Street, requested ( #21)
Citizen Petition - Red Light / Speed Enforce-
ment Cameras be held for separate discus-
sion. Motion carried 6 -0.
Minutes and Reports Submitted: Arts and
Cultural Affairs Advisory Commission of 10/25,
City Council of 11/21, Civic Center Commis-
sion of 9/26, Community Development Adviso-
ry Commission of 10/19, Transit Advisory
Board of 11/17
Library Board of Trustees Update from
Meeting of November 17, 2011
Proof of publication for City Council Pro-
ceedings of Meeting of November 7, 2011.
Upon motion the documents were received
and filed.
Notice of Claims and Suits: Judge Real Es-
tate for property damage, Marylin Kennedy for
property damage. Upon motion the documents
were received, filed and referred to the City
Attorney.
Disposition of Claims and Suits: City Attor-
ney advising that the following claims have
been referred to Public Entity Risk Services of
Iowa, the agent for the Iowa Communities As-
surance Pool: Judge Real Estate, LLC for
432 Regular Session, December 5, 2011 Book 141
property damage, Marylin Kennedy for proper-
ty damage, Roger Ruh for vehicle damage.
Upon motion the documents were received,
filed and concurred.
2011 CDBG Access Ramp Installation Pro-
ject: City Manager recommending acceptance
of the construction contract for the 2011 CDBG
Access Ramp Installation Project, as complet-
ed by Skyline Trucking & Storage, Inc., in the
final contract amount of $32,320. Upon motion
the documents were received and filed and
Resolution No. 391 -11 Accepting the 2011
CDBG Access Ramp Installation Project and
authorizing the payment of the contract
amount to the contractor was adopted.
RESOLUTION NO. 391 -11
ACCEPTING THE 2011 CDBG ACCESS
RAMP INSTALLATION PROJECT AND AU-
THORIZING THE PAYMENT OF THE CON-
TRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the 2011 CDBG Access Ramp Installation
Project (the Project) has been completed and
the City Engineer has examined the work and
filed a certificate stating that the Project has
been completed according to the terms of the
Public Improvement Contract and that the City
Engineer recommends that the Project be ac-
cepted.
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
Wheel Chair Ramps appropriation for the con-
tract amount of $32,320.00 less any retained
percentage provided for therein as provided in
Iowa Code chapter 573, and to pay such re-
tainage only in accordance with the provisions
of Iowa Code chapter 573.
Passed, approved and adopted this 5th day
of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE 2011 CDBG ACCESS
RAMP INSTALLATION PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the 2011 CDBG Access Ramp In-
stallation Project, that the Project has been
performed in compliance with the terms of the
Public Improvement Contract, and that the
total cost of the completed work is $33,936.00.
Dated this 29th day of November, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 1st
day of December, 2011.
Kevin S. Firnstahl, City Clerk
2011 Drain Tile Project: City Manager rec-
ommending acceptance of the 2011 Drain Tile
Project improvements and authorizing the
payment of the contract amount of $16,865.64
to Connolly Construction, Inc. Upon motion the
documents were received and filed and Reso-
lution No. 392 -11 Accepting the 2011 Drain
Tile Project and authorizing the payment of the
contract amount to the contractor was adopt-
ed.
RESOLUTION NO. 392 -11
ACCEPTING THE 2011 DRAIN TILE PRO-
JECT AND AUTHORIZING THE PAYMENT
OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract
for the 2011 Drain Tile Project (the Project)
has been completed and the City Engineer has
examined the work and filed a certificate stat-
ing that the Project has been completed ac-
cording to the terms of the Public Improvement
Contract and that the City Engineer recom-
mends that the Project be accepted; and
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the
City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby
directed to pay to the Contractor from the
Drain Tile Program appropriation for the con-
tract amount of $16,865.64 less any retained
percentage provided for therein as provided in
Iowa Code chapter 573, and to pay such re-
tainage only in accordance with the provisions
of Iowa Code chapter 573.
Passed, approved and adopted this 5th day
of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE 2011 DRAIN TILE
PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the 2011 Drain Tile Project, that the
Project has been performed in compliance with
the terms of the Public Improvement Contract,
and that the total cost of the completed work is
$18,115.64.
Dated this 29th day of November, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 5th
day of December, 2011.
Kevin S. Firnstahl, City Clerk
Book 141 Regular Session, December 5, 2011 433
School Resource Officer (SRO) Agree-
ment: City Manager recommending approval
of the Fiscal Year 2011/2012 School Resource
Officer Agreement between the City of Dubu-
que Police Department and the Dubuque
Community School District. Upon motion the
documents were received, filed, and approved.
RISE Funding Agreement - East 7th Street
Improvements: City Manager recommending
approval of a project agreement with the Iowa
Department of Transportation for RISE funding
to reconstruct East 7th Street in downtown
Dubuque. Upon motion the documents were
received and filed and Resolution No. 393 -11
Approving an agreement for R.I.S.E. funding
with the Iowa Department of Transportation
relating to redevelopment of East 7th Street in
downtown Dubuque was adopted.
RESOLUTION NO. 393 -12
APPROVING AN AGREEMENT FOR R.I.S.E.
FUNDING WITH THE IOWA DEPARTMENT
OF TRANSPORTATION RELATING TO RE-
DEVELOPMENT OF EAST 7TH STREET IN
DOWNTOWN DUBUQUE
Whereas, the City of Dubuque has devel-
oped preliminary plans for the reconstruction
of East 7th Street in downtown Dubuque; and
Whereas, the City has requested funding
under the State of Iowa's R.I.S.E. (Revitalize
Iowa's Sound Economy) program; and
Whereas, the City's application was ap-
proved by order of the Transportation Com-
mission on November 8, 2011; and
Whereas, the Iowa Department of Trans-
portation has prepared and submitted for City
Council approval an Agreement relating to the
R.I.S.E. grant, a copy of which is attached
hereto and by this reference made a part
hereof; and
Whereas, the City Council finds that the
proposed agreement is acceptable and neces-
sary to the growth and development of the city.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.That the Iowa Department of
Transportation Agreement for R.I.S.E. Fund-
ing, Agreement No. RM -2100 (670)- 9D -31, is
hereby approved.
Section 2. That the Mayor and City Clerk
are hereby authorized and directed to execute
two copies of the Agreement on behalf of the
City of Dubuque and forward the executed
copies to the Iowa Department of Transporta-
tion for their approval.
Passed, approved and adopted this 5th day
of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Bee Branch Creek Restoration Project -
Acquisition of 2420 Washington Street: City
Manager recommending approval to purchase
property at 2420 Washington Street from Don
and Joyce Schoenberger for the appraised
value of $69,000 as part of the acquisition pro-
gram associated with the Bee Branch Creek
Restoration Project. Upon motion the docu-
ments were received and filed and Resolution
No. 394 -11 Approving the acquisition of real
estate owned by Don and Joyce Schoenberger
in the City of Dubuque was adopted.
RESOLUTION NO. 394 -11
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY DON AND JOYCE
SCHOENBERGER IN THE CITY OF DUBU-
QUE
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 recom-
mended in the 2001 "Drainage Basin Master
Plan;" and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled 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 legal-
ly described property:
The Southerly 1/2 of Lot 22 and the
Northerly 6 feet of Lot 23 in O. S.
Langworthy's Subdivision in the City
of Dubuque, Iowa, according to the
recorded plat thereof, County of
Dubuque, State of Iowa, at the cost of
Sixty Nine Thousand and 00/100 Dol-
lars ($69,000.00).
Section 2. That the City of Dubuque be and
is hereby authorized to accept a Warranty
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
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 is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 5th day
of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
434 Regular Session, December 5, 2011 Book 141
Bee Branch Creek Restoration Project -
Acquisition of 2239 Prince Street: City Manag-
er recommending approval to purchase prop-
erty at 2239 Prince Street from Kim Kluga for
the appraised value of $64,000 as part of the
acquisition program associated with the Bee
Branch Creek Restoration Project. Upon mo-
tion the documents were received and filed
and Resolution No. 395 -11 Approving the ac-
quisition of real estate owned by Kim Kluga in
the City of Dubuque was adopted.
RESOLUTION NO. 395 -11
APPROVING THE ACQUISITION OF REAL
ESTATE OWNED BY KIM KLUGA 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 recom-
mended in the 2001 "Drainage Basin Master
Plan;" and
Whereas, a purchase agreement has been
finalized with the owner of the property sched-
uled 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 legal-
ly described property:
Lot 1 of 49 in "Sanford Subdivision" in
the City of Dubuque, Iowa, according
to the recorded plat thereof, County
of Dubuque, State of Iowa, at the cost
of Sixty Four Thousand and 00/100
Dollars ($64,000.00).
Section 2. That the City of Dubuque be and
is hereby authorized to accept a Warranty
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
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 is
hereby directed to forward a copy of this Reso-
lution to the Dubuque County Assessor and
the Dubuque County Auditor.
Passed, approved and adopted this 5th day
of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Code of Ordinances - Supplement No 6.:
City Clerk submitting Supplement No. 6 to the
City of Dubuque Code of Ordinances, which
includes Ordinance Nos. 37 -11, 43 -11, 46 -11,
and 47 -11. Upon motion the documents were
received and filed and Resolution No. 396 -11
Adopting Supplement No. 6 to the Code of
Ordinances of the City of Dubuque, Iowa, was
adopted.
RESOLUTION NO. 396 -11
ADOPTING SUPPLEMENT NO. 6 TO THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, under date of August 17, 2009,
the City Council, pursuant to Ordinance No.
43 -09, readopted the Code of Ordinances of
the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009 the City
Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the
Code of Ordinances and said amendments
have been printed as supplements to the Code
of Ordinances; and
Whereas, Section 380.8 of the Code of Io-
wa provides that supplements, by resolution,
become part of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 6 of the
Code of Ordinances of the City of Dubuque,
Iowa, covering Ordinances 37 -11, 43 -11, 46-
11, and 47 -11 passed by City Council and
enacted through September 2011, prepared by
the Sterling Codifiers, Inc., and filed in the Of-
fice of the City Clerk of the City of Dubuque,
Iowa is hereby adopted and becomes part of
the Code of Ordinances of the City of Dubu-
que, Iowa.
Passed, approved and adopted this 5th day
of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Green Industrial Supply, Inc. - Iowa Values
Funds (IVF): City Manager recommending
authorizing a contract with the Iowa Economic
Development Authority (IEDA) for Iowa Values
Funds (IVF) Financial Assistance benefits on
behalf of Green Industrial Supply, Inc. Upon
motion the documents were received and filed
and Resolution No. 397 -11 Approving an Iowa
Values Fund financial assistance contract by
and among the Iowa Department of Economic
Development, the City of Dubuque and Green
Industrial Supply, Inc. was adopted.
RESOLUTION NO. 397 -11
APPROVING AN IOWA VALUES FUND FI-
NANCIAL ASSISTANCE CONTRACT BY
AND AMONG THE IOWA DEPARTMENT OF
ECONOMIC DEVELOPMENT, THE CITY OF
DUBUQUE AND GREEN INDUSTRIAL SUP-
PLY, INC.
Whereas, Green Industrial Supply, Inc. ap-
plication was approved by the Iowa Depart-
ment of Economic Development on August 18,
Book 141 Regular Session, December 5, 2011 435
2011; and
Whereas, the Iowa Economic Development
Authority has prepared and submitted for City
Council approval a contract relating to Iowa
Values Fund Financial Assistance benefits for
Green Industrial Supply, Inc. a copy of which is
attached hereto and by this reference made a
part hereof; and
Whereas, the City Council finds that the
proposed contract is acceptable and neces-
sary to the growth and development of the city.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Economic Devel-
opment Authority Iowa Values Fund Financial
Assistance contract, Number 12- IVF/TC -011,
is hereby approved.
Section 2. That the Mayor is hereby au-
thorized and directed to execute the Contract
on behalf of the City of Dubuque and forward
the executed copy to the Iowa Economic De-
velopment Authority for their approval.
Passed, approved, and adopted this 5th
day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Dubuque County Cooperative Winter
Maintenance Agreement City Manager rec-
ommending approval of the new Cooperative
Winter Maintenance Agreement between the
City and County of Dubuque. Upon motion the
documents were received, filed, and approved.
Friends of the Mines of Spain Recognition:
City Manager transmitting correspondence
from the National Association for Interpretation
informing the City that the Friends of the Mines
of Spain has received an award for Excellence
in Interpretive Support. Upon motion the doc-
uments were received and filed.
Healthy Homes & Childhood Lead Poison-
ing Prevention: City Manager recommending
approval of a contract with the Dubuque Coun-
ty Board of Health and the Iowa Department of
Public Health for continued funding of the
Childhood Lead Poisoning Prevention Pro-
gram and a renewed agreement with the Visit-
ing Nurse Association for services related to
the Childhood Lead Poisoning Prevention Pro-
gram and Healthy Homes Program. Upon mo-
tion the documents were received, filed, and
approved.
Office of Healthy Homes and Lead Hazard
Control Assessment: Correspondence from
the U.S. Department of Housing and Urban
Developments Office of Healthy Homes and
Lead Hazard Control informing the City's that
its Healthy Homes and Lead Hazard Control
program has received a Green designation
and that its overall program performance is
outstanding. Upon motion the documents were
received and filed.
2011 Weed /Junk/Garbage Enforcement
Programs: City Manager recommending the
levy of special assessments for the second
half of the 2011 Weed /Junk/Garbage En-
forcement Programs in the total amount of
$867.50, which is being levied against eight
separate parcels of property. Upon motion the
documents were received and filed and Reso-
lution No. 398 -11 Adopting the Schedule of
Assessments for second half of 2011 and di-
recting the City Clerk to certify the Schedule of
Assessments to the County Treasurer and to
publish notice thereof was adopted.
RESOLUTION NO. 398 -11
ADOPTING THE SCHEDULE OF ASSESS-
MENTS FOR SECOND HALF OF 2011 AND
DIRECTING THE CITY CLERK TO CERTIFY
THE SCHEDULE OF ASSESSMENTS TO
THE COUNTY TREASURER AND TO PUB-
LISH NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the Sched-
ule of Assessments attached hereto for
weed /grass cutting and junk/garbage removal
tax assessments which Schedule of Assess-
ments was filed in the office of the City Clerk
on the 2od day of December, 2011 the said
Schedule of Assessments be and the same is
hereby approved and adopted.
That there be, and is hereby assessed and
levied as a lien upon the real property, the
respective sums indicated.
That the Acting City Clerk be and is hereby
directed to certify said schedule to the County
Treasurer of Dubuque County, Iowa, and to
publish notice of said certification once each
week for two consecutive weeks in the manner
provided in Iowa Code § 362.3, the first publi-
cation of which shall be not more than fifteen
days from the date of filing of the final sched-
ule. On or before the date of the second pub-
lication of the notice, the City Clerk shall also
mail a copy of said notice to property owners
whose property is subject to assessment, as
provided and directed in Iowa Code § 384.60.
The assessments may be paid in full or in
part without interest at the Utility Billing Office,
City Hall, 50 W. 13th Street, Dubuque, Iowa, at
any time within 30 days after the date of the
first publication of the notice of the filing of the
Schedule of Assessments with the County
Treasurer. After 30 days, unpaid assessments
are payable at the County Treasurer's Office,
Dubuque County Courthouse, 720 Central
436 Regular Session, December 5, 2011 Book 141
Avenue, Dubuque, Iowa, and charges shall be
collected in the same manner as general
property taxes against the respective parcels
of the property set opposite the name of the
property owner.
Passed, approved and adopted this 5th
day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
Schedule of Assessments for
Second Half of 2011
(2011 Weed /Junk/Garbage
Enforcement Programs)
Location, Owner, Parcel #, Amount, Cate-
gory
Rhomberg, 1213, Kathy Fishnick, 1736
Heeb St # 1, Dubuque IA 52001,
1118310018, 110, weeds /garbage
Southern Ave, 523, Paul B Breitbach, 523
Southern Avenue Dubuque IA 52003,
1 036252011, 185, weeds /garbage
Audubon, 1890, Anthony Trentz & Ti
Krapfl, 890 Audubon, Dubuque IA 52001,
1023404007, 77.5, Weeds
Elm St, 2169, Sara Hines, 2169 Elm
Street, Dubuque IA 52001, 1024210017, 110,
Garbage
Lot north of 2877 N Grandview, North
Grandview Estates, LLC, 139071 Whistlevdind
Lane, Dubuque IA 52002, 1014155035, 95,
Weeds
Kaufmann, 410, Sarah Bohlen & Kathryn
Schrauth, 18307 St Hwy P, Canton MO
63435, 1024106001, 112.5, Weeds
Rhomberg, 1203, Rob Coker, 1203 Rhom-
berg Ave Dubuque IA 52001, 1118310023,
100, Weeds /garbage
N Booth, 543, Joshua & Lisa Stotts, 543 N
Booth St., Dubuque IA 52001, 1026236016,
77.5, weeds
Mediacom Communications: Correspond-
ence from Senior Manager of Government
Relations for Mediacom Communications Lee
Grassley correcting the amount of rate change
stated in correspondence dated November 8,
2011. Upon motion the document was re-
ceived and filed.
PetData, Inc. - Contract Renewal: City
Manager recommending approval of a renewal
agreement with PetData, Inc. for the pet li-
censing service that processes the sale of all
dog and cat licenses in the City of Dubuque.
Upon motion the documents were received,
filed, and approved.
Proudly Accessible Dubuque - Quarterly
Update: City Manager transmitting the quarter-
ly update from Proudly Accessible Dubuque.
Upon motion the document was received and
filed.
Raymond Place / Maiden Lane Retaining
Wall Repair: City Manager recommending
acceptance of the construction contract for the
Raymond Place /Maiden Lane Retaining Wall
Repair Project, as completed by Top Grade
Excavating, Inc., in the final contract amount of
$225,796.54, and adoption of the Final Sched-
ule of Assessments. Upon motion the docu-
ments were received and filed and Resolution
No. 399 -11 Accepting the Raymond
Place /Maiden Lane retaining wall repair project
and authorizing the payment of the contract
amount to the contractor; and Resolution No.
400 -11 Adopting the Final Assessment
Schedule for the Raymond Place / Maiden
Lane Retaining Wall Repair Project were
adopted.
RESOLUTION NO. 399 -11
ACCEPTING THE RAYMOND
PLACE/MAIDEN LANE RETAINING WALL
REPAIR PROJECT AND AUTHORIZING THE
PAYMENT OF THE CONTRACT AMOUNT
TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Raymond Place /Maiden Lane Retaining
Wall Repair Project (the Project) has been
completed and the City Engineer has exam-
ined 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
Cooper Wall, Stone Retaining Walls, Curb &
Catch Basin Replacements and General Sani-
tary Sewer Repairs appropriations for the con-
tract amount of $225,796.54 less any retained
percentage provided for therein as provided in
Iowa Code chapter 573, and to pay such re-
tainage only in accordance with the provisions
of Iowa Code chapter 573.
Passed, approved and adopted this 5th day
of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE RAYMOND
PLACE/MAIDEN LANE RETAINING WALL
REPAIR PROJECT
The undersigned City Engineer of the City
Book 141 Regular Session, December 5, 2011 437
of Dubuque, Iowa, hereby certifies that he has
inspected the Raymond Place /Maiden Lane
Retaining Wall Repair Project, that the Project
has been performed in compliance with the
terms of the Public Improvement Contract, and
that the total cost of the completed work is
$243,964.12.
Dated this 29th day of November, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 1st
day of December, 2011.
Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 400 -11
ADOPTING THE FINAL ASSESSMENT
SCHEDULE FOR THE RAYMOND
PLACE/MAIDEN LANE RETAINING WALL
REPAIR PROJECT
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final
Schedule of Assessments as shown on the
attached sheet(s), Page 1 to Page 1 inclusive;
is hereby approved for the Raymond
Place /Maiden Lane Retaining Wall Repair Pro-
ject.
There is hereby assessed and levied
as a special tax against and upon each of the
benefited properties, the respective sums indi-
cated. The amounts shown in said Final
Schedule of Assessments as deficiencies are
found to be proper and levied conditionally
against the respective properties benefited by
the improvements as shown in the Final
Schedule of Assessments, subject to the pro-
visions of Iowa Code § 384.63. Said assess-
ments against said lots are hereby declared to
be in proportion to the special benefits con-
ferred and not in excess of twenty -five percent
of the value of same.
The City Clerk be and is hereby di-
rected to certify the Final Schedule of As-
sessments to the County Treasurer of Dubu-
que County, Iowa, and to publish notice of said
certification once each week for two consecu-
tive weeks in the manner provided in Iowa
Code § 362.3, the first publication of which
shall be not more than fifteen days from the
date of filing of the Final Schedule of Assess-
ments. On or before the date of the second
publication of the notice, the City Clerk shall
also mail a copy of said notice to property
owners whose property is subject to assess-
ment, as provided in Iowa Code § 384.60.
The assessments may be paid in full
or in part without interest at the office of the
City Treasurer, City Hall, 50 W. 13th Street,
Dubuque, Iowa, at any time within 30 days
after the date of the first notice of the Final
Schedule of Assessments. Thereafter, unpaid
assessments of $100.00 or more are payable
in 10 annual installments at the County Treas-
urer's Office, Dubuque County Courthouse,
720 Central Avenue, Dubuque, Iowa, and will
draw annual interest at nine percent (9 %)
computed to December 1 next following the
due dates of the respective installments as
provided in Section 384.65 of the Code of Io-
wa. Each installment will be delinquent from
October 1 following its due date on July 1 of
each year. However, when the last day of
September is a Saturday or Sunday, that
amount shall be delinquent from the second
business day of October. Delinquent install-
ments will draw the same delinquent interest
as ordinary taxes. Property owners may elect
to pay any annual installments semi - annually
in advance.
Passed, approved and adopted this
5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RAYMOND PLACE /MAIDEN LANE RETAIN-
ING WALL REPAIR FINAL SCHEDULE OF
VALUATION AND PROPOSED ASSESS-
MENTS, DATE: NOVEMBER 18, 2011
The following schedule is hereby deter-
mined to show each lot proposed to be as-
sessed for the improvement shown in the title
together with the amount proposed to be as-
sessed against each lot and the valuations
shown opposite each lot are hereby fixed as
the true valuations of such lots by the City
Council of the City of Dubuque.
PROPERTY OWNER NAME, LOT DE-
SCRIPTION, PARCEL NUMBER, VALUA-
TION WITH IMPROVEMENT, RETAINING
WALL PRIVATE COST, RETAINING WALL
DEFICIENCY, TOTAL NET ASSESSMENT
Federal National Mortgage Association,
LOTS 10 & 11 Cooper Heights, 10- 25 -213-
032, $173,136.76, $27,936.76, $0.00,
$27,936.76
Citizen Petition - Red Light / Speed En-
forcement Cameras: Will Johnson submitting a
citizen petition in opposition to the proposed
red light / speed enforcement cameras. Motion
by a Braig to receive and file the documents.
Seconded by Jones. Will Johnson, 2920 Key -
way Street, provided informational handouts
and spoke in opposition to the proposed pro-
gram on behalf of the petitioners. Motion car-
ried 6 -0.
Dubuque Terminals - Amendment to Lease
Agreement: City Manager recommending ap-
proval of the First Amendment to the Lease
Agreement between the City of Dubuque, Io-
wa, and Dubuque Terminals, Inc. (The Ice
Harbor Lease). Upon motion the documents
were received and filed and Resolution No.
438 Regular Session, December 5, 2011 Book 141
401 -11 Approving a First Amendment to the
Lease Agreement between the City of Dubu-
que, Iowa, and Dubuque Terminals, Inc., was
adopted.
RESOLUTION NO. 401-11
APPROVING A FIRST AMENDMENT TO
THE LEASE AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND DUBUQUE
TERMINALS, INC.
Whereas, the City of Dubuque, Iowa (City)
owns the real property shown on Exhibit A in
the City of Dubuque, Iowa; and
Whereas, City and Dubuque Terminals,
Inc. have negotiated a 4 year Lease Agree-
ment for said real property, a copy of which
Lease Agreement is on file at the office of the
City Clerk, City Hall, 13th and Central Avenue,
Dubuque, Iowa; and
Whereas, City and Dubuque Terminals,
Inc. have agreed to extend the term of the
lease by six months; and
Whereas, City and Dubuque Terminals,
Inc. have agreed to amend Section 2.2 of the
Lease Agreement, to allow Dubuque Termi-
nals, Inc. the right to use the shoreline along
Parcel B at any time for the purpose of dock-
ing, loading and unloading vessels or barges;
and
Whereas, City and Dubuque Terminals,
Inc. have agreed to amend the rent payments
to the City for use of the Parcel B shoreline
from a per day fee to twelve equal monthly
installments; and
Whereas, the City Council believes it is in
the best interests of the City of Dubuque to
approve the First Amendment.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The First Amendment between
City and Dubuque Terminals, Inc. is hereby
approved and the City Manager is authorized
to execute said amendment on behalf of the
City of Dubuque.
Passed, approved and adopted this 5th day
of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Crescent Community Health Center - Im-
mediate Facility Improvement Grant: City
Manager submitting correspondence to the
Health Resources and Services Administration
in support of Crescent Community Health Cen-
ter's application for an Immediate Facility Im-
provement grant. Upon motion the documents
were received, filed, and approved.
10th & Central Parking Ramp and Fire
Headquarters Expansion Project: City Manag-
er recommending acceptance of the construc-
tion contract for the 10th & Central Parking
Ramp and Fire Headquarters Expansion Pro-
ject, as completed by J.P. Cullen & Sons, Inc.,
in the final contract amount of $7,906,417.
Upon motion the documents were received
and filed and Resolution No. 402 -11 Accepting
the 10th and Central Parking Ramp and Fire
Headquarters Expansion and authorizing the
payment of the contract amount to the contrac-
tor, J.P. Cullen & Sons, Inc., was adopted.
RESOLUTION NO. 402 -11
ACCEPTING THE 10th AND CENTRAL
PARKING RAMP AND FIRE HEADQUAR-
TERS EXPANSION AND AUTHORIZING THE
PAYMENT OF THE CONTRACT AMOUNT
TO THE CONTRACTOR, J.P. CULLEN &
SONS, INC.
Whereas, the Public Improvement Contract
for the 10th and Central Parking Ramp and Fire
Headquarters Expansion (the Project) has
been completed and the City Engineer has
examined the work and filed a certificate stat-
ing that the Project has been completed ac-
cording to the terms of the Public Improvement
Contract and that the City Engineer recom-
mends 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 Cap-
ital Improvement Package # 730 -2179 and
Capital Improvement Package # 730 -2266
appropriation for the total contract amount of
$7,906,417.00 less any retained percentage
provided for therein as provided in Iowa Code
chapter 573, and to pay such retainage only in
accordance with the provisions of Iowa Code
chapter 573.
Passed, approved and adopted this 5th day
of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Dubuque Racing Association: City Manag-
er recommending approval of the refinancing
of the existing Dubuque Racing Association
debt at more favorable terms with the same
lenders, American Trust and Savings Bank
and Dubuque Bank & Trust as requested by
Dubuque Racing Association President and
CEO, Jesus Aviles. Upon motion the docu-
ments were received, filed, and approved.
Brookings Institution Metropolitan Policy
Program: City Manager transmitting corre-
spondence from the Brookings Institution, the
Hitachi Corporation, and the American Associ-
Book 141 Regular Session, December 5, 2011 439
ation for the Advancement of Science thanking
Mayor Buol for participating in the closing dis-
cussion of the Eco- Engineering: Building Sus-
tainable Cities forum on October 6, 2011. Up-
on motion the document was received and
filed.
City of Dubuque State Legislative Issues
for the 2012 Session: City Manager recom-
mending approval of the City of Dubuque's
State of Iowa Legislative Priorities to be
adopted by the City Council and presented to
legislators at the annual Legislative Dinner on
December 7, at 5:30 p.m. at the Grand River
Center. Upon motion the documents were re-
ceived, filed, and approved.
Platinum Holdings, LLC- Debt Refinancing:
City Manager recommending approval of a
request from Platinum Holdings, LLC (The
Grand Harbor) to refinance their debt. Upon
motion the documents were received and filed
and Resolution No. 403 -11 Approving Consent
and Subordination to Third Mortgage Agree-
ment for Platinum Holdings, LLC in favor of
American Trust & Savings Bank and approving
an amendment to First Mortgage Agreement
with American Trust & Savings Bank; Resolu-
tion No. 404 -11 Approving Consent and Sub-
ordination to Second Mortgage Agreement for
Platinum Holdings, LLC in Favor or E.C.I.A
Business Growth, Inc.; and Resolution No.
405 -11 Approving an Assignment of Amended
Development Agreement, Assignment of
Lease, and Assignment of Parking Use
Agreement to ECIA Business Growth, Inc.,
were adopted.
RESOLUTION NO. 403 -11
APPROVING CONSENT AND SUBORDINA-
TION TO THIRD MORTGAGE AGREEMENT
FOR PLATINUM HOLDINGS, LLC IN FAVOR
OF AMERICAN TRUST & SAVINGS BANK
AND APPROVING AN AMENDMENT TO
FIRST MORTGAGE AGREEMENT WITH
AMERICAN TRUST & SAVINGS BANK
Whereas, Platinum Holdings, LLC has re-
quested that the City approve a Consent and
Subordination to Mortgage for a third mortgage
on property owned by the City in favor of
American Trust & Savings Bank; and
Whereas, Platinum Holdings, LLC has re-
quested the City approve the First Amendment
to Mortgage and Security Agreement with
American Trust & Savings Bank.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The Consent and Subordination
to Mortgage and First Amendment to Mortgage
and Security Agreement are hereby approved.
Section 2. The Mayor is hereby authorized
and directed to execute the documents on
behalf of the City.
Passed, approved and adopted this 5th
day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 404 -11
APPROVING CONSENT AND SUBORDINA-
TION TO SECOND MORTGAGE AGREE-
MENT FOR PLATINUM HOLDINGS, LLC IN
FAVOR OR E.C.I.A. BUSINESS GROWTH,
INC.
Whereas, the City of Dubuque ("City ") has
entered into an Amended Development
Agreement, Lease Agreement and Parking
Use Agreement with Platinum Holding, LLC
('Platinum ") for the development of certain
property owned by the City (the 'Property ") for
a hotel and water park; and
Whereas, Platinum has requested that the
City consent to a second mortgage of the
Property in favor of E.C.I.A. Business Growth,
Inc. ( "Lender "), and that City subordinate its
interests in the Property to the second mort-
gage, a copy of which Consent and Subordi-
nation to Mortgage is attached hereto; and
Whereas, The City Council finds that it is in
the best interest of the City to approve Plati-
num's request.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Consent and Subordination
to Mortgage is hereby approved.
Section 2. The Mayor is hereby authorized
and directed to execute the documents on
behalf of the City.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 405 -11
APPROVING AN ASSIGNMENT OF
AMENDED DEVELOPMENT AGREEMENT,
ASSIGNMENT OF LEASE, AND ASSIGN-
MENT OF PARKING USE AGREEMENT TO
ECIA BUSINESS GROWTH, INC.
Whereas, the City of Dubuque has entered
into an Amended Development Agreement,
Lease Agreement, and Parking Use Agree-
ment with Platinum Holdings, LLC for the de-
velopment of certain property owned by the
City for a hotel and waterpark; and
Whereas, Platinum Holdings, LLC has re-
quested that City consent to the Assignment of
the Lease, Assignment of Amended Develop-
ment Agreement, and Assignment of the Park-
ing Use Agreement to ECIA Business Growth,
Inc. as security for a second mortgage of the
property; and
Whereas, the City Council finds that it is in
440 Regular Session, December 5, 2011 Book 141
the best interest of the City to approve the
request.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The Assignment of the Lease,
Assignment of the Amended Development
Agreement, and Assignment of the Parking
Use Agreement are hereby approved.
Section 2. The Mayor is hereby authorized
and directed to execute the documents on
behalf of the City.
Passed, approved and adopted this 5th day
of July, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Brownfields Grant Application: City Man-
ager recommending submittal of an application
to the U.S. Environmental Protection Agency
for $400,000 in financial assistance in doing
Brownfield Assessment in the City of Dubu-
que. Upon motion the documents were re-
ceived, filed, and approved.
Watershed Management Authority - Phase
I Grant: City Manager recommending approval
of the acceptance of a $24,500 Community
Development Block Grant (CDBG) for the pur-
pose of creating a Watershed Management
Authority Board for the Catfish Creek Water-
shed. Upon motion the documents were re-
ceived and filed and Resolution No. 406 -11
Authorizing acceptance of a Community De-
velopment Block Grant award in the amount of
$24,500 for the creation of a Watershed Man-
agement Authority Board for the Catfish Creek
Watershed was adopted.
RESOLUTION NO. 406 -11
AUTHORIZING ACCEPTANCE OF A COM-
MUNITY DEVELOPMENT BLOCK GRANT
AWARD IN THE AMOUNT OF $24,500 FOR
THE CREATION OF A WATERSHED MAN-
AGEMENT AUTHORITY BOARD FOR THE
CATFISH CREEK WATERSHED
Whereas, the City of Dubuque's MS4 per-
mit requires the preparation and implementa-
tion of a watershed management plan for the
Catfish Creek Watershed; and
Whereas, the Catfish Creek Watershed
Basin extends beyond the City limits and the
health of the watershed is impacted by what
occurs both inside and outside the City limits;
and
Whereas, a Watershed Management Au-
thority Board (WMAB) would help to meet the
above requirements; and
Whereas, a (WMAB) will allow the City to
compete for a future grant to create a water-
shed management plan; and
Whereas, the City of Dubuque submitted
an application (the "Application ") to the Iowa
Economic Development Authority (IEDA)
through the Iowa Department of Natural Re-
sources (IDNR) requesting assistance in fi-
nancing for the creation of a WMAB; and
Whereas, the IDNR reviewed the Applica-
tion and the IEDA made a determination to
award the City of Dubuque a grant.
Whereas, it is in the best interest of the
City of Dubuque to accept the grant award.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Manager is hereby recognized as
the City's authorized representative and there-
by authorized to accept the award on behalf of
the City as required for the City's receipt of
$24,500 for the purpose of creating a WMAB
for the Catfish Creek Watershed.
Passed, approved and adopted this 5th day
of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10th and Central Avenue Parking Facility -
Adoption of Mortgage: City Manager recom-
mending approval of a resolution adopting the
First Priority Mortgage required by the U.S.
Department of Commerce, Department of
Economic Development Administration relative
to their grant award of $1.5 million towards the
construction of the Central Avenue Parking
Ramp. Upon motion the documents were re-
ceived and filed and Resolution No. 407 -11
Authorizing the City Manager to sign an
Agreement and Mortgage in favor of the U.S.
Department of Commerce, Economic Devel-
opment Administration related to EDA Award #
05 -01 -04941 for the construction of the 10th
and Central Parking Facility was adopted.
RESOLUTION NO. 407 -11
AUTHORIZING THE CITY MANAGER TO
SIGN AN AGREEMENT AND MORTGAGE IN
FAVOR OF THE U.S. DEPARTMENT OF
COMMERCE, ECONOMIC DEVELOPMENT
ADMINISTRATION RELATED TO EDA
AWARD # 05 -01 -04941 FOR THE CON-
STRUCTION OF THE 10TH AND CENTRAL
PARKING FACILITY
Whereas, the U.S. Department Of Com-
merce, Economic Development Administration
(EDA) has awarded a Financial Assistance
Award (the Award) to the City of Dubuque,
Iowa in the amount of $1,500,000.00 for the
construction of the 10th & Central Parking Fa-
cility, located at 975 Central Avenue, Dubu-
que, Iowa, and legally described as follows:
Lot 1 of City Lot 204; Lot 1 of City Lot
205; Lot 1 of City Lot 206; Lot 1 of City Lot
207; Lot 1 of City Lot 208; the North '/% of
Book 141 Regular Session, December 5, 2011 441
City Lot 261 and Lot 263, in the City of
Dubuque, Iowa, according to the United
States Commissioners Survey of the City
of Dubuque, Iowa; and
Whereas, EDA requires as a condition of
the Award that the City execute an Agreement
and Mortgage in the form attached hereto,
granting a twenty -year mortgage in favor of
EDA on the 10th & Central Parking Facility.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby author-
izes and directs the City Manager to execute
and record the attached Agreement and Mort-
gage.
Passed, approved and adopted this 5th day
of December, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Signed Contracts: A) Giese Roofing Short
Form Contract for the Fire Station No. 5 Roof
Replacement; B) Strand Associates, Inc.,
Amendment No.5 for the Water Pollution Con-
trol Plant Modifications Project. Upon motion
the documents were received and filed.
Liquor License Renewals: City Manager
recommending approval of annual liquor li-
cense renewals as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 408 -11 Granting the issuance of a
Class "LB" (Hotel /Motel) Liquor License to
Holiday Inn Dubuque Five Flags; a Class "C"
Beer /Liquor License to Pepper Sprout, Inc.; a
Class "B" Wine to Hy -Vee # 2; and a Class
"WBN" Native Wine to the Engraved Gift Col-
lection and the Dubuque Area Chamber of
Commerce; and Resolution No. 409 -11 Grant-
ing the issuance of a Class "C" Beer Permit to
Hy -Vee # 2 were adopted.
RESOLUTION NO. 408 -11
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
nances 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 "LB" (HOTEL /MOTEL)
LIQUOR LICENSE
Kinseth Hotel Corp., Holiday Inn DBQ Five
Flags +(Sunday Sale), 450 Main St
CLASS "C" BEER /LIQUOR LICENSE
Pepper Sprout, Inc., Pepper Sprout, Inc.,
378 Main St.
CLASS "B" WINE
Hy -Vee, Inc., Hy -Vee # 2, 2395 NW Arteri-
al
CLASS "WBN" NATIVE WINE
Woodline, Inc., Engraved Gift Collection,
962 Main St.
DBQ Area Chamber of Commerce, DBQ
Area Chamber of Commerce, 300 Main St.
Passed, approved and adopted this 5th
day of December, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 409 -11
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
ined and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Beer Permit.
CLASS "C" BEER PERMIT
Hy -Vee, Inc, Hy -Vee # 2 +(Sunday Sale),
2395 NW Arterial
Passed, approved and adopted this 5th
day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Connors to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 6 -0.
Bonson Block, LLC - Development Agree-
ment: City Manager recommending setting a
public hearing for December 19, 2011 to con-
sider a proposed development agreement with
Bonson Block, LLC for property at 356 Main
Street. Upon motion the documents were re-
ceived and filed and Resolution No. 410 -11
Fixing the date for a public hearing of the City
Council of the City of Dubuque, Iowa on the
442 Regular Session, December 5, 2011 Book 141
proposed issuance of Urban Renewal Tax
Increment Revenue Obligations and the exe-
cution of a development agreement relating
thereto with Bonson Block L.L.C., and provid-
ing for the publication of notice thereof setting
a public hearing for a meeting to commence at
6:30 p.m. on December 19, 2011 in the Histor-
ic Federal Building.
RESOLUTION NO. 410 -11
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE PROPOSED
ISSUANCE OF URBAN RENEWAL TAX IN-
CREMENT REVENUE OBLIGATIONS AND
THE EXECUTION OF A DEVELOPMENT
AGREEMENT RELATING THERETO WITH
BONSON BLOCK L.L.C., AND PROVIDING
FOR THE PUBLICATION OF NOTICE
THEREOF
Whereas, City and Bonson Block LLC have
entered into a Development Agreement, sub-
ject to the approval of the City Council, 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 inter-
ests of the City to approve the Development
Agreement, with Bonson Block LLC; and
Whereas, it is deemed necessary and ad-
visable that City should authorize Urban Re-
newal Tax Increment Revenue obligations, as
provided by Chapter 403 of the Code of Iowa,
and to enter into the Development Agreement
relating thereto for the purpose of carrying out
an Urban Renewal Plan as hereinafter de-
scribed; 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 Clerk is hereby author-
ized and directed to cause this Resolution and
a notice to be published as prescribed by Iowa
Code Section 403.9 of a public hearing on the
City's intent authorize Urban Renewal Tax
Increment Revenue obligations, to be held on
the 19th day of December, 2011, at 6:30
o'clock p.m. in the City Council Chambers at
the Historic Federal Building, 350 W. 6th St.,
Dubuque, Iowa.
Section 2. The City Council will meet at
said time and place for the purpose of taking
action on the matter of authorizing Urban Re-
newal Tax Increment Revenue obligations and
the execution of the Development Agreement
relating thereto with Plastic Center, Inc., the
proceeds of which obligations will be used to
carry out certain of the special financing activi-
ties described in the Urban Renewal Plan for
the Greater Downtown Urban Renewal District,
consisting of the funding of economic devel-
opments grants to Plastic Center, Inc. pursu-
ant to the Development Agreement under the
terms and conditions of said Urban Renewal
Plan. It is expected that the aggregate amount
of the Tax Increment Revenue obligations is
approximately $384,000.
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 circula-
tion in said City, said publication to be not less
than four days nor more than twenty days be-
fore 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 sub-
stantially the form attached hereto.
Passed, approved and adopted this 5th day
of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Scale House Building Project: City Manag-
er recommending initiation of the bidding pro-
cess for the Purina Drive Weigh Scale House
Project, and further recommends that a public
hearing be set for January 3, 2012. Upon mo-
tion the documents were received and filed
and Resolution No. 411 -11 Preliminary ap-
proval of plans, specifications, form of con-
tract, and estimated cost; setting date of public
hearing on plans, specifications, form of con-
tract, and estimated cost, and ordering the
advertisement for bids (Purina Drive Weigh
Scale House Building Project) setting a public
hearing for a meeting to commence at 6:30
p.m. on January 3, 2012 in the Historic Federal
Building.
RESOLUTION NO. 411-11
PURINA DRIVE WEIGH SCALE HOUSE
BUILDING PROJECT
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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:
Book 141 Regular Session, December 5, 2011 443
The proposed plans, specifications, form of
contract and estimated cost for the Purina
Drive Weigh Scale House Building Project, in
the estimated amount of $149,713.00, are
hereby preliminarily approved and ordered
filed in the office of the City Clerk for public
inspection.
A public hearing will be held on the 3rd day
of January, 2012, 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 cir-
culation 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 in-
terested person may appear and file objections
to the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The Purina Drive Weigh Scale House
Building Project is hereby ordered to be adver-
tised for bids for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements 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
before 10:00 a.m. on the 6th day of January,
2012. Bids shall be opened and read by the
City Clerk at said time and will be submitted to
the City Council for final action, at 6:30 p.m., in
the Historic Federal Building Council Cham-
bers (second floor), 350 West 6th Street,
Dubuque, Iowa, on the 17th day of January,
2012.
Passed, approved and adopted this 5th day
of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS /COMMISSIONS
Applicants were invited to address the City
Council regarding their desire to serve on the
following Boards/Commissions; applicant ap-
pointments will be made at the next City
Council meeting.
Human Rights Commission: Two 3 -year
terms through January 1, 2015 (Expiring terms
of Allen and Stewart). Applicants: Anthony
Allen, 1725 '% Delhi Street; and R.R.S. Stew-
art, 460 Summit Street. Mr. Allen and Ms.
Stewart spoke in support of their respective
appointments.
Mediacom Charitable Foundation: Two 1-
year terms through December 31, 2012 (Expir-
ing terms of Chavenelle and Twining). Appli-
cants. Gail Chavenelle, 1155 Kelly Lane; and
Connie Twinning, 421 N. Booth Street. Ms.
Twining spoke in support of her appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
Request to Rezone - 2155 Rockdale Road:
Zoning Advisory Commission recommending
approval to rezone property located at 2155
Rockdale Road from R -3 Moderate Density
Multi - Family Residential District to C -3 General
Commercial District as requested by Joe
Zwack, Triple J Land Co. LLC / Daryl Biechler,
DSD Properties. Motion by Connors to receive
and file the documents and that the require-
ment that a proposed ordinance be considered
and voted on for passage at two Council meet-
ings prior to the meeting at which it is to be
passed be suspended. Seconded by Resnick.
Assistant Planning Services Manager Kyle
Kritz provided a staff report. Developer Daryl
Biechler, 7762 Wildnest Lane and owner of
Rock Solid Masonry, spoke in support of the
proposed ordinance stating that conditions had
been resolved and thanked the Council and
staff for their guidance. Richard Cheney, 2270
Jaeger Drive, stated that the issues had been
resolved to the approval of the neighbors. Mo-
tion carried 6 -0.
Motion by Connors for final consideration
and passage of Ordinance No. 52 -11 Amend-
ing Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code by
reclassifying hereinafter described property
located at 2155 Rockdale Road from R -3
Moderate Density Multi - Family Residential
District to C -3 General Commercial District
with conditions. Seconded by Resnick. Motion
carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 52 -11
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLAS-
SIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 2155 ROCKDALE
ROAD FROM R -3 MODERATE DENSITY
MULTI - FAMILY RESIDENTIAL DISTRICT TO
C -3 GENERAL COMMERCIAL DISTRICT
WITH CONDITIONS
444 Regular Session, December 5, 2011 Book 141
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 Devel-
opment Code, is hereby amended by reclassi-
fying the hereinafter described property from
R -3 Moderate Density Multi - Family Residential
District to C -3 General Commercial District,
with conditions to wit:
Lot 1 Nick Weber Place, and to the center-
line 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 Advi-
sory Commission of the City of Dubuque, Io-
wa.
Section 3. This Ordinance shall take effect
upon publication, as provided by law.
Passed, approved and adopted this 21st
day of November, 2011.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
Newspaper the 9th day of December, 2011.
/s /Kevin S. Firnstahl, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5
(2011), and as an express condition of rezon-
ing of the property located at 2155 Rockdale
Road and legally described as:
Lot 1 Nick Weber Place, and to the center
line of the adjoining public right -of -way, all
in the City of Dubuque, Iowa.
which is the subject of Ordinance No. 52 -11, a
copy of which is attached hereto and incorpo-
rated herein by reference, the undersigned
property owner(s) agree(s) to the following
conditions, all of which the property owner(s)
further agree(s) are reasonable and are im-
posed to satisfy public needs which are
caused directly by the rezoning:
A) Performance Standards
1) The principal permitted use for
the subject property shall be
restricted to: Contractor shop
or yard.
2) Any other use proposed for
the subject property shall first
require modification of this
Agreement in accordance with
Section C below.
B) Reclassification of the Subiect Prop-
erty. The City of Dubuque, Iowa may
initiate zoning reclassification pro-
ceedings to the C -3 District (which
rezoning will include the removal of
the performance standards in Section
A above) if the property owner fails to
complete any of the conditions or
provisions of this Agreement.
C) Modifications. Any modifications of
this Agreement shall be considered a
zoning reclassification and shall be
subject to the provisions of the Title
16, Unified Development Code, gov-
erning zoning reclassifications. All
such modifications must be approved
by the City Council of Dubuque, Iowa.
D) Recording. A copy of this Agreement
shall be recorded with the Dubuque
County Recorder as a permanent
record of the conditions accepted as
part of this rezoning approval within
ten (10) days of the adoption of Ordi-
nance No. 52 -11.
E) Construction. This Agreement shall
be construed and interpreted as
though it were part of Title 16 of the
City of Dubuque Code of Ordinances,
Unified Development Code.
F) This Agreement shall be binding upon
the undersigned and his /her heirs,
successors and assignees.
General Obligation Urban Renewal Bonds:
Proof of publication on notice of public hearing
to consider the issuance of not to exceed
$5,000,000 in General Obligation Urban Re-
newal Bonds for Greater Downtown Improve-
ments and the City Manager recommending
approval. Motion by Braig to receive and file
the documents and a adopt Resolution No.
412 -11 Instituting proceedings to take addi-
tional action for the issuance of not to exceed
$5,000,000 General Obligation Bonds. Se-
conded by Connors. Motion carried 6 -0.
RESOLUTION NO. 412 -11
RESOLUTION INSTITUTING PROCEEDINGS
TO TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED $5,000,000
GENERAL OBLIGATION BONDS
Whereas, pursuant to notice published as
required by law, this Council has held a public
meeting and hearing upon the proposal to in-
stitute proceedings for the issuance of not to
exceed $5,000,000 General Obligation Bonds,
for the essential corporate purposes of paying
costs of aiding in the planning, undertaking
and carrying out of urban renewal project ac-
tivities under the authority of Chapter 403 of
the Code of Iowa and the Amended and Re-
stated Urban Renewal Plan for the Greater
Downtown Urban Renewal District, including
those costs associated with the construction of
an intermodal transportation center, and has
considered the extent of objections received
from residents or property owners as to the
proposed issuance of Bonds, and no petition
was filed calling for a referendum thereon;
and, accordingly the following action is now
considered to be in the best interests of the
Book 141 Regular Session, December 5, 2011 445
City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby
institute proceedings and take additional action
for the sale and issuance in the manner re-
quired by law of not to exceed $5,000,000
General Obligation Bonds for the foregoing
essential corporate purposes.
Passed And Approved this 5th day of
December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
General Obligation Bonds: Proof of publi-
cation on notice of public hearing to consider
the issuance of not to exceed $9,000,000 in
General Obligation Bonds for Essential Corpo-
rate Purposes and the City Manager recom-
mending approval. Motion by Braig to receive
and file the documents and adopt Resolution
No. 413 -11 Instituting proceedings to take ad-
ditional action for the issuance of not to ex-
ceed $9,000,000 General Obligation Bonds.
Seconded by Connors. Motion carried 6 -0.
RESOLUTION NO. 413 -11
RESOLUTION INSTITUTING PROCEEDINGS
TO TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED $9,000,000
GENERAL OBLIGATION BONDS
Whereas, pursuant to notice published as
required by law, this Council has held a public
meeting and hearing upon the proposal to in-
stitute proceedings for the issuance of not to
exceed $9,000,000 General Obligation Bonds,
for the essential corporate purposes of paying
costs of the construction, reconstruction and
repair of street, sidewalk and streetscape im-
provements, including those costs associated
with the East 7th and Commercial Street re-
construction and related improvements, two -
way street traffic conversions, and Historic
Millwork District "complete streets" improve-
ments, and the refunding and refinancing of
the General Obligation Capital Loan Notes,
Series 2010F, dated September 20, 2010, and
has considered the extent of objections re-
ceived from residents or property owners as to
the proposed issuance of Bonds; and, accord-
ingly the following action is now considered to
be in the best interests of the City and resi-
dents thereof.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby
institute proceedings and take additional action
for the sale and issuance in the manner re-
quired by law of not to exceed $9,000,000
General Obligation Bonds, for foregoing es-
sential corporate purposes.
Passed and approved this
December, 2011.
Roy D. Buol, Mayor
Attest, Kevin S. Firnstahl, City Clerk
5th day of
Lower Bee Branch Creek Overlook Project:
Proof of publication on notice of public hearing
to consider approval of the plans, specifica-
tions, form of contract and the estimated cost
of $1,170,411 for the Lower Bee Branch Creek
Overlook Project and the City Manager rec-
ommending approval. Motion by Connors to
receive and file the documents and adopt Res}
I. nNa414- 11Pppraralofpbrs, goecinliors,fam ofanhact
and es rBd oast forte Loner Bee Branch Qstk Overlock
Poj:d Seconded byJares Motion canial6D.
RESOLUTION NO. 414 -11
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE LOWER BEE BRANCH
CREEK OVERLOOK PROJECT
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
Lower Bee Branch Creek Overlook Project, in
the estimated amount of $1,170,411.00, are
hereby approved.
Passed, adopted and approved this 5th day
of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Lower Bee Branch Floating Island Project:
Proof of publication on notice of public hearing
to consider approval of the plans, specifica-
tions, form of contract and the estimated cost
of $198,495 for the Lower Bee Branch Creek
Floating Island Project and the City Manager
recommending approval. Motion by Braig to
receive and file the documents and adopt
Resolution No. 415 -11 Approval of plans,
specifications, form of contract, and estimated
cost for the Lower Bee Branch Creek Floating
Island Project. Seconded by Jones. Respond-
ing to questions from the City Council, Civil
Engineer Deron Muehring stated that the cost
of the project is based on that of the materials
used. The vendor assembles the project and it
is anchored in the water. There are about
3,000 island project currently in the country.
Motion carried 6 -0.
RESOLUTION NO. 415 -11
APPROVAL OF PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED
COST FOR THE LOWER BEE BRANCH
CREEK FLOATING ISLAND PROJECT
NOW THEREFORE, BE IT RESOLVED
446 Regular Session, December 5, 2011 Book 141
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Lower Bee Branch Creek Floating Island Pro-
ject, in the estimated amount of $198,495.00,
are hereby approved.
Passed, adopted and approved this 5th day
of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
Project Concern Assistance and Expense
Reports: Project Concern Executive Director
Nancy Lewis to provided a verbal report on the
assistance and expenses of the July 2011
storm event. Motion by Jones to receive and
file the documents and listen to the report.
Seconded by Braig. Ms. Lewis reviewed the
history of how Project Concern became a call
center for the July 2011 storm event, shared
cost figures, and described successes and
weaknesses in the process. Motion carried 6-
0.
Grand River Center Exhibit Hall Carpet
Replacement Project: City Manager recom-
mending award of the Grand River Center
Exhibit Hall Carpet Replacement Project con-
tract to the low bidder, Floor Show Companies,
in the amount of $89,358. Motion by Connors
to receive and file the documents and adopt
Resolution No. 416 -11 Awarding Contract
(Grand River Center Exhibit Hall Carpet Re-
placement Project). Seconded by Jones. Re-
sponding to questions from the City Council,
Leisure Services Manager Marie Ware stated
that recycling the old carpet was a component
of the bid. Motion carried 6 -0.
RESOLUTION NO. 416-11
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the Grand
River Center Exhibit Hall Carpet Replacement
Project pursuant to Resolution No. 368 -11,
and notice to bidders published in a newspa-
per published in the City of Dubuque, Iowa, on
the 11th day of November, 2011; and
Whereas, said sealed proposals were
opened and read on the 23rd day of Novem-
ber, 2011, and it has been determined that the
bid of Floor Show Companies in the amount of
$89,358.00 was the lowest bid for the furnish-
ings of all labor and materials and performing
the work as provided for in the plans and spec-
ifications.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the contract for the above im-
provement be awarded to Floor Show Compa-
nies, and the Manager be and is hereby di-
rected to execute a contract on behalf of the
City of Dubuque for the complete performance
of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's bond, the
City Treasurer is authorized and instructed to
return the bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
5th day of December, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2011 Hazard Mitigation Grant Program
Buy -Out: City Manager recommending ap-
proval to submit the City of Dubuque's 2011
Hazard Mitigation Grant Program (HMGP)
Buyout Application in the amount of $673,718
for four flood damages properties in the Man-
son Road /Old Mill Road area. Motion by Jones
to receive and file the documents and adopt
Resolution No. 417 -11 Authorizing HMPG
grant application for acquisition of flood -
damaged properties. Seconded by Braig. Mo-
tion carried 6 -0.
RESOLUTION NO. 417 -11
AUTHORIZING HMGP GRANT APPLICA-
TION FOR ACQUISITION OF FLOOD
DAMGED PROPERTIES
Whereas, the Iowa Department of Home-
land Security & Emergency Management has
Hazard Mitigation Grant Program (HMGP)
funds for buyout of flood damaged properties;
and
Whereas, the City of Dubuque has identi-
fied the acquisition of four flood damaged
properties in the Manson Road /Old Mill Road
area that qualify for the HMGP buyout funds.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized
to sign and submit the HMGP buyout applica-
tion for the acquisition of four flood damaged
properties in the Manson Road /Old Mill Road
area.
Section 2. The City Council hereby pro-
vides its written assurance that the required
local match for the HMGP buyout application
will be provided and made available.
Passed, approved and adopted this day of
2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Book 141 Regular Session, December 5, 2011 447
A.Y. McDonald - Financial Assistance Ap-
plication: City Manager recommending author-
ization to submit an application for financial
assistance to the Iowa Economic Development
Authority on behalf of A.Y. McDonald for a
major expenditure at the Dubuque facility. Mo-
tion by Jones to receive and file the docu-
ments and adopt Resolution No. 418 -11 Au-
thorizing the filing of an application for state
financial assistance on behalf of A.Y. McDon-
ald Mfg. Co. Seconded by Braig. Motion car-
ried 6 -0.
RESOLUTION NO. 418 -11
AUTHORIZING THE FILING OF AN APPLI-
CATION FOR STATE FINANCIAL ASSIS-
TANCE ON BEHALF OF A.Y. MCDONALD
MFG. CO.
Whereas, A.Y. McDonald Mfg. Co. has
proposed the expansion of its operations in
Dubuque, Iowa; and
Whereas, the City Council of Dubuque, Io-
wa has considered said proposal and has de-
termined that the proposed project will contrib-
ute to the local economy through the creation
of 25 new jobs; and
Whereas, the Iowa Economic Development
Authority's 130% Component Financial and
High Quality Jobs Program (HQJP) Assistance
Program was designed to assist in the eco-
nomic development efforts of local jurisdic-
tions; and
Whereas, the City of Dubuque, Iowa is eli-
gible to apply for funding from the 130% Com-
ponent program and HQJP 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 130% Component Fi-
nancial Assistance Program on behalf of A.Y.
McDonald Mfg. Co. is hereby approved.
Section 2. That the local match identified
in the application estimated at $30,600 con-
sisting of a 5 year reducing industrial tax
abatement as provided by City Ordinance Sec-
tion 43 -21 to the company is hereby approved,
subject to the 130% Component and HQJP
application approval.
Section 3. That the Mayor is hereby au-
thorized to execute and the City Manager is
hereby directed to submit said application to
the Iowa Economic Development Authority
together with such documents as may be re-
quired.
Passed, approved, and adopted this 5th
day of December, 2011.
Roy D. Buol, Mayor
Attest :Kevin S. Firnstahl, City Clerk
Arts and Cultural Affairs Coordinator Posi-
tion: City Manager recommending approval to
increase the Arts and Cultural Affairs Coordi-
nator from a part -time 10 hours per week (.25
FTE) position to a part-time 20 hours per week
(.5 FTE position). Motion by Connors to re-
ceive and file the documents and approve the
recommendation. Seconded by Resnick. Arts
and Cultural Affairs Coordinator Jan Stoffel
described her duties and the expansion of the
arts programs in Dubuque. Motion carried 6 -0.
Purchase of Services - Survey of Iowa Cit-
ies: City Manager submitting research how
contracts for purchase of services are handled
by other cities in Iowa. Restated motion by
Connors to receive and file the documents,
that the Purchase of Services budget process
remains as it is or the next fiscal year, and
immediately direct the Community Develop-
ment Advisory Commission to develop a pur-
chase of services funding review process for
City Council approval by May 2012.Seconded
by Braig. Council discussion included con-
cerns about budgeting a specific amount that
would always cap out with the number of re-
quests, sunsetting of annual requests, and
distinguishing between purchase of services
and non - profit agency services. Motion carried
6 -0.
Operation New View Community Action
Agency: Correspondence from Operation New
View Executive Director M. Thomas Stovall
requesting City representation on the Agency's
Board of Directors for 2012. Currently Council
Members Lynn Sutton and David Resnick, and
City Manager designee Assistant Budget Di-
rector Jason Hartman. Motion by Connors to
re- appoint Council Members Sutton and Res-
nick and the City Manager or his designee
(currently Assistant Budget Director Jason
Hartman). Seconded by Braig. Resnick stated
that he is willing to serve another term but
would like to consider alternating membership
next year with another Council member to gain
experience from a different board appointment.
Motion carried 6 -0.
COUNCIL MEMBER REPORTS
Sutton reported on the Martin Luther King,
Jr. essay contest on Saturday, December 10,
at the Dubuque Community School District
Forum Building and that volunteer judges are
needed.
PUBLIC INPUT
Joseph Jacobsmeier, 1343 Loras Boule-
vard, stated that the revenue received from the
proposed red light and speed enforcement
camera program could fund the Purchase of
Services requests.
448 Special Session, December 19, 2011 Book 141
Susan Honda of Federal Way, Washing-
ton, stated that she is in town visiting her son
and complimented the Council on what a nice
community Dubuque is.
CLOSED SESSION
Motion by Jones to convene in closed ses-
sion at 8:09 p.m. regarding pending litigation
and property acquisition pursuant to Chapter
21.5(1)(c) (j) Code of Iowa. Seconded by Res-
nick. Motion carried 6 -0.
Upon motion the City Council reconvened
in open session at 9:04 p.m. stating that staff
had been given proper direction.
There being no further business, upon mo-
tion, the City Council adjourned at 9:05 p.m.
/s/Kevin S. Firnstahl
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special
session at 5:00 p.m. on December 19, 2011 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Pro -Tem Sutton, Council
Members Braig, Connors, Jones, Lynch Res-
nick; City Manager Van Milligen, City Attorney
Lindahl. (joined at 5:07 p.m.)
Absent: Mayor Roy D. Buol
Mayor Pro -Tem Sutton read the call and
stated that this is a special session of the City
Council called for the purpose of conducting a
work session on the Modern Roundabout -
Implementation Plans & Public Outreach
WORK SESSION
The Modern Roundabout - Implementation
Plans & Public Outreach
City Engineer Gus Psihoyos and provided
background information on the topic of round-
abouts and stated that the City has been work-
ing with Ourston Roundabouts Engineering,
Inc., on the Southwest Arterial project. Staff
members visited sites in other states and has
networked with other cities on the design and
possible implementation of roundabouts in
Dubuque.
Mark Lenters, President of Ourston
Roundabouts, provided a slide presentation
that included information on:
• Background on roundabouts
• Roundabout pros and cons
• Implementation strategy
• Modern roundabout— rotary, traffic
circle, traffic calming circle, rotary
conversions, high- capacity modern
roundabouts, yield control, circulatory
roadway, central island
• Crash /fatality study results for con-
verted signalized and two -way stop
intersections
• Pedestrian and school features
• Americans with Disabilities Act (ADA)
compliance
• Economic development and commer-
cial concerns
• Photos and videos of sample sights,
before /after conversion
• Aesthetics
• Pros and cons
• Implementation planning and strategy
• Measureable actions and area -wide
education campaigns
City Council discussion included the mis-
perception of an adverse impact on adjacent
businesses, pedestrian assertiveness training,
pedestrian safety components, repair and
maintenance, vehicle speed and distracted
drivers, and construction costs compared to
signaled intersections.
There being no further business, upon mo-
tion the City Council adjourned at 6:02 p.m.
/s/Kevin S. Firnstahl
City Clerk
Book 141 Regular Session, December 19, 2011 449
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular
session at 6:30 p.m. on December 19, 2011 in
the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Pro -Tem Sutton, Council
Members, Braig, Connors, Jones, Lynch Res-
nick; City Manager Van Milligen, City Attorney
Lindahl.
Absent: Mayor Roy D. Buol
Mayor Pro -Tem Sutton read the call and
stated that this is a regular session of the City
Council called for the purpose of conducting
such business that may properly come before
the Council.
Pledge of Allegiance
INVOCATION
Invocation was provided by Pastor John
Sorenson of Lord of Life Lutheran Church.
SWEARING IN
Swearing In of Mayor Pro -Tem Ric Jones
CONSENT ITEMS
Motion by Lynch to receive and file the
documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Motion
carried 6 -0.
Minutes and Reports Submitted: Cable
Community Teleprogramming Commission of
11/1, Library Board of Trustees of 10/27, City
Council Proceedings of 12/5, Civic Center
Commission of 11/7, Environmental Steward-
ship Advisory Commission of 11/1, Historic
Preservation Commission of 11/17, Historic
Preservation Commission Education Task
Force of 12/7, Long Range Planning Advisory
Commission of 11/16, Safe Community Advi-
sory Committee of 9/14 and 11/9, Sister City
Relationships Advisory Commission of 12/7,
Zoning Advisory Commission of 12/7, Zoning
Board of Adjustment of 11/17
Proofs of Publication for City Council Pro-
ceedings of 11/21 and List of Claims and
Summary of Revenues for the Month Ended
10/31/11. Upon motion the documents were
received and filed.
Notice of Claims and Suits: Katherine
Creamer for personal injury. Upon motion the
documents were received, filed and referred to
the City Attorney.
Disposition of Claims and Suits: City Attor-
ney advising that the following claims have
been referred to Public Entity Risk Services of
Iowa, the agent for the Iowa Communities As-
surance Pool: Katherine Creamer for personal
injury. Upon motion the documents were re-
ceived, filed and concurred.
Charitable Donation of Duplex at 346 and
348 West Locust Street: City Manager recom-
mending Council acceptance of the charitable
donation of 346 -348 West Locust Street, and
authorize City staff to seek a qualified devel-
oper for the historic rehabilitation of this prop-
erty. Upon motion the documents were re-
ceived and filed and Resolution No. 419 -11
Accepting the deed to certain real estate in
Dubuque County, Iowa, from Lynn D. Lampe
and Janet P. Schmitt was adopted.
RESOLUTION NO. 419-11
ACCEPTING THE DEED TO CERTAIN REAL
ESTATE IN DUBUQUE COUNTY, IOWA
FROM LYNN E. LAMPE AND JANET P.
SCHMITT
Whereas, Lynn E. Lampe and Janet P.
Schmitt have offered to donate to the City of
Dubuque the following described real property
in Dubuque County, Iowa:
Lot 5 of the Subdivision of Lots 10 and 11;
the Southeasterly 26 feet 9 inches of Lot 12;
the Northwesterly 23 feet 3 inches of Lot 12,
and the Southeasterly 8 feet 3 inches of Lot
13, in D. N. Cooley's Subdivision of Out Lots
667, 668 and 669 to Dubuque, in the City of
Dubuque, Iowa according to the recorded plats
thereof; and
Whereas, the City Council finds that it is in
the best interest of the City to accept such gift
from Lynn E. Lampe and Janet P. Schmitt.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the
Warranty Deed from Lynn E. Lampe and Janet
P. Schmitt attached hereto.
2. The City Clerk is hereby authorized and
directed to record this Resolution and the War-
ranty Deed with the Dubuque County Record-
e r.
Passed, approved and adopted this 19th
day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
450 Regular Session, December 19, 2011 Book 141
Flynn Ready Mix - Certificate of Comple-
tion: City Manager recommending approval of
a Certificate of Completion for Flynn Ready -
Mix Concrete Co. acknowledging completion
of their obligations to construct Minimum Im-
provements as stipulated in the Development
Agreement. Upon motion the documents were
received, filed, and approved.
Blanche Avenue Resurfacing Project: City
Manager recommending acceptance of the
construction contract for the Blanche Avenue
Resurfacing Project, as completed by River
City Paving, in the final contract amount of
$39,967.19. Upon motion the documents were
received and filed and Resolution No. 420 -11
Accepting the Blanche Avenue Resurfacing
Project and authorizing the payment of the
contract amount to the contractor was adopt-
ed.
RESOLUTION NO. 420 -11
ACCEPTING THE BLANCHE AVENUE RE-
SURFACING PROJECT AND AUTHORIZING
THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract
for the Blanche Avenue Resurfacing Project
(the Project) has been completed and the City
Engineer has examined the work and filed a
certificate stating that the Project has been
completed according to the terms of the Public
Improvement Contract and that the City Engi-
neer recommends that the Project be accept-
ed; and
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
Street Construction — General and Sunset
Ridge Reconstruction appropriation for the
contract amount of $39,967.19 less any re-
tained percentage provided for therein as pro-
vided in Iowa Code chapter 573, and to pay
such retainage only in accordance with the
provisions of Iowa Code chapter 573.
Passed, approved and adopted this 19th
day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE BLANCHE AVENUE
RESURFACING PROJECT
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the Blanche Avenue Resurfacing
Project, that the Project has been performed in
compliance with the terms of the Public Im-
provement Contract, and that the total cost of
the completed work is $42,197.99.
Dated this 8th day of December, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 9th
day of December, 2011.
Kevin S. Firnstahl, City Clerk
Final Plat - English Ridge Subdivision No.
2 Securities Extension: City Manager recom-
mending Council approval of the 180 -day ex-
tension for the developer to submit the neces-
sary securities for English Ridge No. 2. Upon
motion the documents were received and filed
and Resolution No. 421 -11 Authorizing re-
approval of the Final Plat of English Ridge
Subdivision No. 2 in the City of Dubuque, Io-
wa, was adopted.
RESOLUTION NO. 421-11
AUTHORIZING RE- APPROVAL OF THE FI-
NAL PLAT OF ENGLISH RIDGE SUBDIVI-
SION NO. 2 IN THE CITY OF DUBUQUE,
IOWA
Whereas, there has been filed with the City
Clerk a Final Plat of English Ridge Subdivision
No. 2 in the City of Dubuque, Iowa; and
Whereas, upon said final plat appear
streets to be known as Stone Valley Drive (Lot
A), South Dorchester Lane (Lot B), North Dor-
chester Lane (Lot C) and Shrewsbury Lane
(Lot D) together with certain public utility,
storm sewer and water main easements,
which the owner by said final plat has dedicat-
ed to the public forever; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and its approval has been endorsed thereon;
and
Whereas, said final plat has been reviewed
by the City Planner and her approval has been
endorsed thereon, subject to the owner's
agreeing to the conditions specified herein;
and
Whereas, said final plat has been exam-
ined by the City Council and the City Council
find the final plat conforms to the applicable
statutes and ordinances, except that streets
and public utilities have not yet been complete-
ly constructed or installed.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Resolution 188 -11 is here-
by rescinded.
Section. 2 That the dedication of Stone
Valley Drive (Lot A), South Dorchester
Lane (Lot B), North Dorchester Lane (Lot
C) and Shrewsbury Lane (Lot D) and the
easements for public utilities as they appear
on said final plat, be and the same are hereby
Book 141 Regular Session, December 19, 2011 451
accepted; and
Section 3. That the final plat of English
Ridge Subdivision No. 2 is hereby approved
and the Mayor and City Clerk are hereby au-
thorized and directed to endorse the approval
of the City of Dubuque, Iowa, upon said final
plat, provided the owners of said property
herein named, execute their written ac-
ceptance of the attached conditions and fur-
ther agree:
(a) To reduce Stone Valley Drive (Lot
A), South Dorchester Lane (Lot B), North
Dorchester Lane (Lot C) and Shrewsbury
Lane (Lot D) to grade and to construct lon-
gitudinal sub - drains, concrete curb and
gutter with asphaltic mix concrete, or con-
crete paving with integral curb, all in ac-
cordance with the City of Dubuque stand-
ard specifications in a manner acceptable
to the City Engineer, in conformance with
construction improvement plans approved
by the City Engineer, and inspected and
approved by the City Engineer.
(b) To install sanitary sewer main with
sewer service laterals into each individual
lot, water main with water service laterals
into each individual lot, storm sewers and
catch basins, street lighting and erosion
control devices all in accordance with the
City of Dubuque standard specifications in
a manner acceptable to the City Engineer,
and in accordance with construction im-
provement plans approved by the City En-
gineer, and inspected and approved by the
City Engineer.
(c) To construct the improvements out-
lined in (a) and (b) above within two years
from the date of acceptance of this resolu-
tion, at the sole expense of the owners, or
future owner.
(d) To maintain the improvements out-
lined in (a) and (b) above for a period of
two (2) years from the date of the ac-
ceptance of those improvements by the
City Council of the City of Dubuque, Iowa,
at the sole final expense of the owners, or
future owner;
(e) To provide security for the perfor-
mance of the foregoing conditions speci-
fied in this Section in such form and with
such sureties as may be acceptable to the
City Manager of the City of Dubuque, Iowa.
Section 4. That sidewalk installation shall
be the responsibility of each lot owner for each
lot abutting the public rights -of -way, including
lots with multiple frontages, as required by City
Code Chapter 10 -1 -2 (Sidewalk Installation
and Repair).
Section 5. That the owner must continue to
own and maintain storm water detention basin
(Lot A of English Ridge Subdivision) until (1)
the facility has been fully completed, (2) 80%
of the platted lots shown on the preliminary
plat of the subdivision and subdivisions thereof
have been fully developed, and (3) adequate
erosion control measures, as approved by the
City Engineer have been installed on the re-
maining 20% of the lots. Acceptance of said
detention facility (Lot A English Ridge Subdivi-
sion) must be by the City Council as required
by the Unified Development Code. Upon the
City's acceptance of the detention facility, the
inspection, administrative and maintenance
expenses incurred by the City of Dubuque for
the storm water detention facility (Lot A) shall
be assessed against the property owners, ex-
cept the City of Dubuque, of all phases of Eng-
lish Ridge Subdivision as indicated above and
on the preliminary plat, in equal amounts. The
City Manager shall certify such costs to the
City Clerk, who in turn shall promptly certify
such costs to the Dubuque County Treasurer,
and such costs shall then be collected with
and in the same manner as general property
taxes in accordance with provisions of law.
Section 6. That the final acceptance of the
public improvements shall only occur upon
certification of the City Engineer to the City
Council that the public improvements have
been completed in accordance with the ap-
proved improvement plans and City standards
and specifications and accepted by City Coun-
cil Resolution.
Section 7. That in the event English Ridge,
LLC fails to execute the acceptance and fur-
nish the guarantees provided hereof within 180
days after the date of this Resolution, the pro-
visions hereof shall be null and void and the
acceptance of the dedication and approval the
plat shall not be effective.
Passed, approved and adopted this day of
2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
ACCEPTANCE OF
RESOLUTION NO. 421-11
I, the undersigned, Larry McDermott, rep-
resenting English Ridge, LLC., having read the
terms and conditions of the Resolution No.
421 -11 and being familiar with the conditions
thereof, hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, Iowa this 30th day of
April, 2012.
/s /Larry McDermott
Fiscal Year 2013 Tax Increment Financing
Annual Report: City Manager submitting the
Annual Tax Increment Financing (TIF) Report
that has been filed with Dubuque County Audi-
tor Denise Dolan. Upon motion the documents
were received and filed.
452 Regular Session, December 19, 2011 Book 141
Fiscal Year 2012 Annual Action Plan
Amendment 2: City Manager recommending
approval of the FY 2012 Annual Action Plan -
Amendment 2 for the Community Develop-
ment Block Grant (CDBG) program and Home-
lessness Prevention and Rapid Re- Housing
Program as approved by the Community De-
velopment Advisory Commission. Upon motion
the documents were received and filed and
Resolution No. 422 -11 Approving Fiscal Year
2012 (Program Year 2011) Annual Action Plan
Amendment 2 for Community Development
Block Grant (CDBG) and Homelessnesss Pre-
vention and Rapid Re- Housing Program
(HPRP) funds was adopted.
RESOLUTION NO. 422 -11
APPROVING FISCAL YEAR 2012 (PROGRAM
YEAR 2011) ANNUAL ACTION PLAN
AMENDMENT 2 FOR COMMUNITY DEVEL-
OPMENT BLOCK GRANT (CDBG) AND
HOMELESSNESSS PREVENTION AND RAP-
ID RE- HOUSING PROGRAM (HPRP) FUNDS.
Whereas, the City of Dubuque prepared
and filed Annual Action Plans for Fiscal Years
2011 and 2012; and
Whereas, the City of Dubuque now desires
to amend said Annual Plans by incorporating
them into one amended FY 2012 Annual Plan
as per the attached Exhibit A; and
Whereas, said amendment is a substantial
amendment as provided in the City's Citizen
Participation Plan and therefore must be ap-
proved by resolution of the City Council after a
public hearing by the Community Development
Advisory Commission; and
Whereas, the City advertised a 30 day
public comment period beginning October 24,
2011; and
Whereas, the Community Development
Advisory Commission reviewed the proposed
amendment at a public hearing on November
30,2011 and has voted to approve said
amendments and to recommend approval by
the City Council.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Annual Action Plans
for Fiscal Years 2011 and 2012 are hereby
rescinded and the balance of funds from these
plans are incorporated into a Fiscal Year 2012
(Program Year 2011) Annual Action Plan -
Amendment 2, attached hereto as Exhibit A.
Section 2. That said Fiscal Year 2012
(Program Year 2011) Annual Action Plan -
Amendment 2 attached hereto as Exhibit A is
hereby approved.
Section 3. That the City Manager is hereby
authorized and directed to submit a copy of
this resolution and Plan to the U.S. Depart-
ment of Housing and Urban Development.
Passed, approved and adopted this 19th
day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin Firnstahl, City Clerk
Human Rights Commission - Annual Re-
port: City Manager transmitting the Fiscal Year
2011 Human Rights Commission's Annual
Report. Upon motion the document was re-
ceived and filed.
Mines of Spain - National Scenic Byways
Grant: City Manager recommending approval
of the submission of an application to the Iowa
Department of Transportation for $500,000 in
Fiscal Year 2012 National Scenic Byway grant
funds for the Mines of Spain Land Acquisition
Project. Upon motion the documents were
received, filed, and approved.
PEG Capital Expenditure Request: City
Manager recommending approval of the Cable
TV Tele- Programming Commission recom-
mendation for funding from the Public, Educa-
tional, and Government (PEG) Capital Grant
for Access Equipment and Facilities in the
amount of $15,500 for the City of Dubuque to
replace the playback server in the CityChannel
8 TV Control Room. Upon motion the docu-
ments were received, filed, and approved.
McGraw -Hill Company - Worker Adjust-
ment and Retaining Notification (WARN): City
Manager submitting correspondence from
Jody Willging, Human Resources Representa-
tive for McGraw -Hill Education /Customer Op-
erations, notifying the City of an employee
layoff under the Federal Worker Adjustment
and Retraining Notification (WARN) Act. Upon
motion the document was received and filed.
Plat of Survey - Schmechel Place: Zoning
Advisory Commission recommending approval
of the Play of Survey of Lot 1 of Schmechel
Place (9000 Block of Old Military Road) sub-
ject to waiving the lot frontage requirement for
Lot 1. Upon motion the documents were re-
ceived and filed and Resolution No. 423 -11
Approving the Final Plat of Survey of Lot 1 of
Schmechel Place in the County of Dubuque,
Iowa, was adopted.
RESOLUTION NO. 423 -11
APPROVING THE FINAL PLAT OF SURVEY
OF LOT 1 OF SCHMECHEL PLACE IN THE
COUNTY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk the Plat of Survey of Lot 1 of Schmechel
Place in the County of Dubuque, Iowa; and
Whereas, said Final Plat provides 0 feet of
frontage for Lot 1 on a public street or an ap-
proved private street, where 50 feet is required
Book 141 Regular Session, December 19, 2011 453
by Section 11 -14 of Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code; and
Whereas, said Plat of Survey has been ex-
amined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been ex-
amined by the City Council and they find that it
conforms to the statues and ordinances relat-
ing to it.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11 -14 of Title 16 of
the City of Dubuque Code of Ordinances, Uni-
fied Development Code, is waived to allow 0
feet of frontage on a public street or an ap-
proved private street for Lot 1.
Section 2. That the Plat of Survey of Lot 1
of Schmechel Place is hereby approved and
the Mayor and City Clerk are hereby author-
ized and directed to endorse the approval of
the City of Dubuque, Iowa upon said final plat.
Passed, approved and adopted this 19th
day of December 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Prudential Insurance Company: City Man-
ager recommending approval of the final Tax
Increment Financing (TIF) payment in the
amount of $338,219.90 to Prudential Insur-
ance Company, as provided in the 1999 De-
velopment Agreement. Upon motion the doc-
uments were received, filed, and approved.
Housing and Urban Development - Section
3 Plan: City Manager recommending approval
of the Section 3 Plan, which requires the City,
as recipient of HUD funds, to provide job train-
ing, employment, and construction contracting
opportunities for low- or very -low income resi-
dents in connection with HUD funded projects
and activities. Upon motion Resolution No.
424 -11 Approving a Section 3 Plan for the City
of Dubuque, Iowa, was adopted.
RESOLUTION NO. 424 -2011
APPROVING A SECTION 3 PLAN FOR THE
CITY OF DUBUQUE, IOWA.
Whereas, the City of Dubuque is a recipi-
ent of Community Development Block Grant
and other federal funds through the U.S. De-
partment of Housing and Urban Development
(HUD); and
Whereas, Section 3 is a provision of the
Housing and Urban Development Act that re-
quires the City, as recipient of HUD funds, to
provide job training, employment, and con-
struction contracting opportunities for low- or
very -low income residents in connection with
certain HUD funded projects and activities;
and
Whereas, said Section 3 Plan will apply to
housing rehabilitation, housing construction, or
other public construction funded with HUD
funds; and
Whereas, the Community Development
Advisory Commission reviewed the proposed
Section 3 Plan on November 30, 2011 and has
voted to approve said Plan and to recommend
approval by the City Council.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Section 3 Plan hereto
attached as Exhibit A is hereby approved.
Passed, approved and adopted this 19th
day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin Firnstahl, Acting City Clerk
Civil Service Commission: Civil Service
Commission submitting the certified lists for
the positions of Inspector II and Equipment
Operator I. Upon motion the documents were
received, filed and made a Matter of Record.
October 14, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Inspector II was administered as a take
home test with a return date of June 17, 2011.
We hereby certify that the individuals listed
below have passed this written examination
and the vacancy for this position should be
made from this list and that this list is good for
two (2) years from above date.
INSPECTOR II
66. Daniel Meneguin
67. Brian Gallagher
68. Jeffrey Zasada
69. Steven Gerardy
70. Patrick Kelleher
71. Mark Bradley
72. Kevin Hirsch
73. Joseph Schmitt
Respectfully submitted,
Daniel White
Jim Schilling,
Civil Service Commission
October 14, 2011
454 Regular Session, December 19, 2011 Book 141
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the
Code of Iowa, an examination for the position
of Equipment Operator I was administered on
September 28, 2011. We hereby certify that
the individuals listed below have passed this
written examination and the vacancy for this
position should be made from this list and that
this list is good for two (2) years from above
date.
Equipment Operator I
1. Mark Meyer
2. Gary Valentine
3. William Gansen
4. Luke Steger
5. David Healey
6. Matt Cooper
7. Michael Conner
8. Chris Maiden
Respectfully submitted,
Daniel White
Jim Schilling,
Civil Service Commission
Airport Hazard Mitigation Grant Applica-
tion: City Manager recommending approval of
a Hazard Mitigation Grant Program application
to FEMA and the Iowa Homeland Security &
Emergency Management Agency for funding a
"safe room" in the New Terminal Facility at the
Airport. Upon motion the documents were re-
ceived and filed and Resolution No. 425 -11
Hazard Mitigation Grant Program was adopt-
ed.
RESOLUTION NO 425 -11
HAZARD MITIGATION GRANT PROGRAM
Whereas, the City of Dubuque, Dubuque
Regional Airport has made application through
the Iowa Homeland Security and Emergency
Management Division (HSEMD) to the Federal
Emergency Management Agency (FEMA) for
funding of the Hazard Mitigation Grant Pro-
gram in the amount of $1,145,350 for the total
project cost , and;
Whereas, the City of Dubuque recognizes
the fact that this grant is based on a cost share
basis with the federal share not exceeding
75%, the state share not exceeding 10% and
the local share being a minimum of 15% of the
total project cost. The minimum 15% share
can be either cash or in -kind match.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE:
The City of Dubuque agrees to provide and
make available up to $172,000 of local monies
to be used to meet the minimum 15% match
requirement for this mitigation grant applica-
tion.
Passed, approved and adopted this 19th
day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Signed Contracts: A) Improvement contract
with Tricon Construction for the City Hall
HVAC System Improvement Project; B) Con-
tract with Ted Stackis Construction for the de-
construction of 1502 Maple Street; C) Contract
with Ted Stackis Construction for the decon-
struction of 2349 and 2350 Elm Street. Upon
motion the documents were received and filed.
Sustainable Dubuque Monthly Report: City
Manager is transmitting the Sustainable Dubu-
que project status update for November 2011.
Upon motion the documents were received
and filed.
Lower Bee Branch Creek - Overlook Pro-
ject: City Manager recommending rejecting the
current bids for the Bee Branch Creek Over-
look Project to allow the evaluation of potential
changes prior to re- initiating the bidding pro-
cess in early 2012. Upon motion the docu-
ments were received and filed and Resolution
No. 426 -11 Rejecting all competitive bid pro-
posals received for the Lower Bee Branch
Creek Overlook Project was adopted.
RESOLUTION NO. 426 -11
REJECTING ALL COMPETITIVE BID PRO-
POSALS RECEIVED FOR THE LOWER BEE
BRANCH CREEK OVERLOOK PROJECT
Whereas, competitive sealed bid proposals
have been submitted by contractors for Lower
Bee Branch Creek Overlook Project (the Pro-
ject) pursuant to Resolution No. 372 -11 and
Notice to Bidders published in a newspaper
published in the City of Dubuque, Iowa on the
11th day of November, 2011; and
Whereas, said competitive sealed bid pro-
posals were opened and read on the 8th day of
December, 2011; and
Whereas, the City Council has deemed it
advisable to reject all competitive sealed bid
proposals the Project.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.All competitive sealed bid pro-
posals for the Project are hereby rejected.
Section 2. The City Clerk is authorized and
instructed to return the bid deposits of the un-
successful bidders for the Project.
Passed, approved and adopted this 19th
day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Book 141 Regular Session, December 19, 2011 455
Attest: Kevin S. Firnstahl, City Clerk
Lower Bee Branch Creek - Floating Island
Project: City Manager recommending rejection
of all bids for the construction of the Lower
Bee Branch Creek Floating Island Project and
re- bidding the project at a later date. Upon
motion the documents were received and filed
and Resolution No. 427 -11 Rejecting all com-
petitive bids proposals received for the Lower
Bee Branch Creek Floating Island Project was
adopted.
RESOLUTION NO. 427 -11
REJECTING ALL COMPETITIVE BID PRO-
POSALS RECEIVED FOR THE LOWER BEE
BRANCH CREEK FLOATING ISLAND PRO-
JECT
Whereas, competitive sealed bid proposals
have been submitted by contractors for Lower
Bee Branch Creek Floating Island Project (the
Project) pursuant to Resolution No. 371 -11
and Notice to Bidders published in a newspa-
per published in the City of Dubuque, Iowa on
the 11th day of November, 2011; and
Whereas, said competitive sealed bid pro-
posals were opened and read on the 8th day of
December, 2011; and
Whereas, the City Council has deemed it
advisable to reject all competitive sealed bid
proposals the Project.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. All competitive sealed bid pro-
posals for the Project are hereby rejected.
Section 2. The City Clerk is authorized and
instructed to return the bid deposits of the un-
successful bidders for the Project.
Passed, approved and adopted this 19th
day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Port of Dubuque Watermain Connection:
City Manager recommending approval to enter
into a contract with Portzen Construction to
extend the 12" watermain into the Port of
Dubuque at a cost of $130,000. Upon motion
the documents were received, filed, and ap-
proved.
SEP Green Alley Project Acceptance: City
Manager recommending acceptance of the
improvements for the SEP Green Alley Project
between White and Jackson Street from 9th to
10th Street, as completed by Portzen Con-
struction, Inc, in the final contract amount of
$127,155.99. Upon motion the documents
were received and filed and Resolution No.
428 -11 Accepting the SEP Green Alley Pro-
ject, Between White & Jackson Streets, from
9th to 10th Streets, and authorizing the pay-
ment of the contract amount to the contractor
was adopted.
RESOLUTION NO. 428 -11
ACCEPTING THE SEP GREEN ALLEY
PROJECT, BETWEEN WHITE & JACKSON
STREETS, FROM 9TH TO 10TH STREETS,
AND AUTHORIZING THE PAYMENT OF THE
CONTRACT AMOUNT TO THE CONTRAC-
TOR
Whereas, the Public Improvement Contract
for the SEP Green Alley Project, between
White & Jackson Streets, from 9th to 10th
Streets, (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 ac-
cepted.
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 SEP
Green Alleys appropriation for the contract
amount of $127,155.99 less any retained per-
centage provided for therein as provided in
Iowa Code chapter 573, and to pay such re-
tainage only in accordance with the provisions
of Iowa Code chapter 573.
Passed, approved and adopted this 19th
day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL
COMPLETION OF THE SEP GREEN ALLEY
PROJECT, BETWEEN WHITE & JACKSON
STREETS, FROM 9TH TO 10TH STREETS
The undersigned City Engineer of the City
of Dubuque, Iowa, hereby certifies that he has
inspected the SEP Green Alley Project, be-
tween White & Jackson Streets, from 9th to
10th Streets, that the Project has been per-
formed in compliance with the terms of the
Public Improvement Contract, and that the
total cost of the completed work is
$128,679.62.
Dated this 15th day of December, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 15th
day of December, 2011.
Kevin S. Firnstahl, City Clerk
Tobacco Compliance — Civil Penalties for
Tobacco License Holders: City Manager rec-
ommending approval of the Acknowledge-
456 Regular Session, December 19, 2011 Book 141
ment/Settlement Agreements for a first offense
tobacco compliance violation for Kwik Stop,
4110 Dodge Street. Upon motion the docu-
ments were received, filed, and approved.
Alcohol Compliance - Civil Penalty for Al-
cohol License Holders: City Manager recom-
mending approval of the Acknowledge -
ment/Settlement Agreement for a first offense
alcohol compliance violation for Kwik Stop,
4110 Dodge Street. Upon motion the docu-
ments were received, filed, and approved.
Liquor License Applications: City Manager
recommending approval of annual liquor li-
cense renewals as submitted. Upon motion the
documents were received and filed and Reso-
lution No. 429 -11 Approving the issuance of a
Class "C" Beer /Liquor License to Bowling &
Beyond, The Screaming Eagle, Cue Masters
Billiards, The Moracco, Instant Replay; a Class
"B" Wine License to Puff n Stuff; and a Class
"WBN" Native Wine License to Hy -Vee Gas
#2, Steve's Ace Home & Garden; and Resolu-
tion No. 430 -11 Approving the issuance of a
Class "C" Beer Permit to Clark Gas Station,
Puff n Stuff were adopted.
RESOLUTION NO. 429 -11
Whereas, applications for Liquor Licenses
have been submitted to this Council for ap-
proval 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 Ordi-
nances 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
Bowling & Beyond Dubuque, Bowling &
Beyond +(Sunday /Outdoor Sale), 1860 Haw-
thorne St.
Kevin J. Stoffel, The Screaming Ea-
gle +(Sunday /Outdoor Sale), 2600 Central Ave.
CueMasters Billiards, LLC, Cue Masters
Billiards
+(Sunday Sale), 900 Central Ave.
The Moracco, Inc., The Moracco +(Sunday
Sale), 1413 Rockdale Rd.
Pamela Barry Arensdorf, Instant Replay
+(Sunday Sale), 1602 Central Ave.
CLASS "B" WINE
Molo Oil Company, Puff n Snuff, 1101
Rhomberg Ave.
CLASS "WBN" NATIVE WINE
Hy -Vee, Inc., Hy -Vee Gas # 2, 2435 NW
Arterial
Steve's Ace Hardware, Inc., Steve's Ace
Home & Garden, 3350 JFK Rd.
Passed, approved and adopted this 19th
day of December, 2011
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 430 -11
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exam-
ined and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants a
Beer Permit.
CLASS "C" BEER PERMIT
Clark Petroleum, Inc., Clark Gas Station
+(Sunday Sale), 700 Rhomberg Ave.
Molo Oil Company, Puff n Snuff +(Sunday
Sale), 1101 Rhomberg Ave.
Passed, approved and adopted this 19th day
of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the
documents, adopt the resolutions, set the pub-
lic hearings as indicated, and direct the City
Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 6 -0.
White Water Creek Bridge - Nomination for
Landmark Status: Historic Preservation Com-
mission requesting that a proposed ordinance
Amending Title 16 Chapter 10 (Historic
Preservation) of the City of Dubuque Code of
Ordinances, Unified Development Code, by
adding a new Section 16- 10- 7(B)(10) Desig-
nating the White Water Creek Bridge as a
Landmark and supporting documentation be
forwarded to the State Historic Preservation
Office and that a public hearing be set for Feb-
ruary 6, 2012 to consider the landmark status
of the White Water Creek Bridge. Upon motion
the documents were received and filed and
Resolution No. 431 -11 Setting the date for a
public hearing on an ordinance designating the
White Water Creek Bridge as a City landmark
was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on Febru-
Book 141 Regular Session, December 19, 2011 457
ary 6, 2012 in the Historic Federal Building.
RESOLUTION NO. 431-11
SETTING THE DATE FOR A PUBLIC HEAR-
ING ON AN ORDINANCE DESIGNATING
THE WHITE WATER CREEK BRIDGE AS A
CITY LANDMARK
Whereas, the Historic Preservation Com-
mission has recommended an amendment to
Title 16 Chapter 10 (Historic Preservation) of
the City of Dubuque Code of Ordinances des-
ignating the White Water Creek Bridge as a
landmark; and
Whereas, the City of Dubuque Code of Or-
dinances requires that the City Council shall
conduct a public hearing on the ordinance
establishing a proposed landmark not less
than 30 days of submitting the ordinance to the
State Historic Preservation Office for its review
and recommendation.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby author-
ized and directed to forward the proposed
nomination and ordinance establishing the
Historic White Water Creek Bridge as a land-
mark to the State Historic Preservation Office
for its review and recommendation.
Section 2. The City Clerk is further author-
ized and directed to cause a notice to be pub-
lished as prescribed by 16- 10 -6(G) of the City
of Dubuque Code of Ordinances of a public
hearing on the city's consideration of a nomi-
nation and proposed ordinance to designate
the Historic White Water Creek Bridge as a
landmark, to be held on the 6th of February,
2012, 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 City Council will meet at
said time and place for the purposes of con-
ducting a public hearing and taking action on
the nomination and proposed ordinance to
designate the Historic White Water Creek
Bridge as a landmark.
Passed, approved and adopted this 19th
day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Green Alley Permeable Pavers Project -
17th to 18th Streets: City Manager recom-
mending initiation of the public bidding proce-
dure for the Green Alley Permeable Pavers
Project (17th - 18th, between Jackson &
Washington Streets), and further recommends
that a public hearing be set for January 3,
2012. Upon motion the documents were re-
ceived and filed and Resolution No. 432 -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 or-
dering the advertisement for bids (Green Alley
Permeable Pavers Project - 17th - 18th, be-
tween Jackson and Washington Streets); Res-
olution No. 433 -11 Approving the Plat, Sched-
ule of Assessments and estimate of total cost
and setting date of public hearing on Resolu-
tion of Necessity; and Resolution No. 434 -11
Resolution of Necessity for the Green Alley
Permeable Pavers Project (17th — 18th, be-
tween Jackson & Washington Streets) were
adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on January 3, 2012
in the Historic Federal Building.
RESOLUTION NO. 432 -11
GREEN ALLEY PERMEABLE
PAVERS PROJECT
(17th — 18th, BETWEEN JACKSON
AND WASHINGTON STREETS)
PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECI-
FICATIONS, 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 Green Al-
ley Permeable Pavers Project (17th — 18th,
between Jackson and Washington Streets), in
the estimated amount $185,242.17, are hereby
preliminarily approved and ordered filed in the
office of the City Clerk for public inspection.
A public hearing will be held on the 3rd day
of January, 2012, 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 cir-
culation 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 in-
terested person may appear and file objections
to the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The Green Alley Permeable Pavers Project
(17th — 18th, between Jackson and Washing-
ton Streets) is hereby ordered to be advertised
for bids for construction.
The amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the Notice to Bid-
458 Regular Session, December 19, 2011 Book 141
ders hereby approved.
The City Clerk is hereby directed to adver-
tise for bids for the construction of the im-
provements 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
before 2:00 p.m. on the 19th day of January,
2012. Bids shall be opened and read by the
City Clerk at said time and will be submitted to
the City Council for final action at 6:30 p.m. on
the 6th day of February, 2012, in the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 19th
day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 433 -11
GREEN ALLEY PERMEABLE PAVERS
PROJECT (17TH— 18TH, BETWEEN
JACKSON & WASHINGTON STREETS)
APPROVING THE PLAT, SCHEDULE OF
ASSESSMENTS AND ESTIMATE OF TOTAL
COST AND SETTING DATE OF PUBLIC
HEARING ON RESOLUTION OF NECESSI-
TY
Whereas, the proposed Resolution of Ne-
cessity for the Project has been introduced for
the Project.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The attached plat, schedule of assess-
ments, and estimate of total cost for the Green
Alley Permeable Pavers Project (17th — 18th
between Jackson & Washington Streets) and
the proposed Resolution of Necessity are
hereby approved and ordered placed on file in
the Office of the City Clerk.
The City Council will meet on the 3rd day of
January, 2012, at 6:30 p.m. at the Historic
Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Iowa, at
which time the owners of property subject to
assessment for the proposed improvement or
any other person having an interest in the mat-
ter may appear and be heard for or against the
making of the improvement, the boundaries of
the district, the cost, the assessment against
any lot, or the final adoption of a resolution of
necessity.
A property owner will be deemed to have
waived all objections unless at the time of
hearing the property owner has filed objections
with the City Clerk.
The City Clerk be and is hereby authorized
and directed to cause the attached notice of
the time and place of such hearing to be pub-
fished in a newspaper having general circula-
tion in the City of Dubuque, Iowa, which notice
shall be published once each week for two
consecutive weeks, the first publication of
which shall be not less than ten days prior to
the day fixed for its consideration.
Passed, approved and adopted this 19th
day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
SCHEDULE OF ASSESSMENTS
ALLEY BETWEEN JACKSON AND
WASHINGTON STREETS
FROM 17TH to 18TH
PRELIMINARY SCHEDULE OF VALUATION
AND PROPOSED ASSESSMENTS
DATE: JULY 12, 2011
The following schedule is hereby deter-
mined to show each lot proposed to be as-
sessed for the improvement shown in the title
together with the amount proposed to be as-
sessed against each lot and the valuations
shown opposite each lot are hereby fixed as
the true valuations of such lots by the City
Council of the City of Dubuque.
PROPERTY OWNER NAME, LOT DE-
SCRIPTION, PARCEL NUMBER, MAILING
ADDRESS, STREET ADDRESS, NET AS-
SESSED VALUATION , VALUATION WITH
IMPROVEMENT, NET PAVING IMPROVE-
MENT COST, NET PAVING IMPROVEMENT
DEFICIENCY, TOTAL PUBLIC IMPROVE-
MENT COST, WATER SERVICE PRIVATE
LATERAL COST, TOTAL NET ASSESS-
MENT
Vorwald, Jean M., S 31102" LOT 36 EAST
DUBUQUE ADD, 10 -24- 263 -009, 1710 Jack-
son St., 1710 Jackson St., $85,000.00,
$85,877.17, $877.17, $0.00, $877.17,
$877.17
Vorwald, Jean M., S1/2 OF LOT 35 & N 20'
OF LOT 36 EAST DUBUQUE ADD Legal
1720 -1722, 10 -24- 263 -008, 1720 Jackson St.,
1720 Jackson St., $51,100.00, $52,382.02,
$1,282.02, $0.00, $1,282.02, $0.00, $1,282.02
Hagensten, Joseph G., N1/2 LOT 35 EAST
DUBUQUE ADD, 10 -24- 263 -007, 1732 Jack-
son St., 1732 Jackson St., $35,500.00,
$36,219.73, $719.73, $0.00, $719.73, $0.00,
$719.73
Mihalakis, Elizabeth A. & Michael M., S1/2
LOT 34 EAST DUBUQUE ADD, 10- 24 -263-
006, 1756 Jackson St., 1756 Jackson St.,
$60,300.00, $61,019.73, $719.73, $0.00,
$719.73, $0.00, $719.73
Mihalakis, Elizabeth A. & Michael M., N1/2
LOT 34 EAST DUBUQUE ADD, 10- 24 -263-
005, 1760 Jackson St., 1760 Jackson St.,
$47,600.00, $48,319.73, $719.73, $0.00,
$719.73, $0.00, $719.73
Book 141 Regular Session, December 19, 2011 459
Pluym, Ronald D., S1/2 LOT 33 EAST
DUBUQUE ADD, 10 -24- 263 -004, 1616 Lincoln
Ave., 1768 Jackson St., $45,500.00,
$46,219.73, $719.73, $0.00, $719.73, $0.00,
$719.73
Wiemerslage, Annette, N1/2 LOT 33 EAST
DUBUQUE ADD, 10 -24- 263 -003, 1776 Jack-
son St., 1776 Jackson St., $48,100.00,
$48,819.73, $719.73, $0.00, $719.73, $0.00,
$719.73
Nicolalde, Daisy Y., S1/2 LOT 32 EAST
DUBUQUE ADD, 10 -24- 263 -002, 2525 Date
St. #602, 1786 Jackson St., $16,500.00,
$18,370.88, $719.73, $0.00, $719.73,
$1,151.15, $1,870.88
Crippes, Mary M., N1/2 OF LOT 32 EAST
DUBUQUE ADD, 10 -24- 263 -001, 1796 Jack-
son St., 1796 Jackson St., $38,100.00,
$39,970.88, $719.73, $0.00, $719.73,
$1,151.15, $1,870.88
Knockel, Frank & Rachel, LOT 87 EAST
DUBUQUE ADD, 10 -24- 263 -023, 1715 Wash-
ington St., 1715 Washington St., $58,000.00,
$59,439.46, $1,439.46, $0.00, $1,439.46,
$0.00, $1,439.46
Trausch, Forrest R., LOT 1 -1 -88 EAST
DUBUQUE ADD, 10 -24- 263 -022, P.O. Box 4,
1725 Washington St., $33,500.00, $35,141.49,
$490.34, $0.00, $490.34, $1,151.15,
$1,641.49
Trausch, Forrest R., LOT - 2 -1 -88 EAST
DUBUQUE ADD, 10 -24- 263 -021, P.O. Box 4,
1731 Washington St., $32,500.00, $32,939.15,
$439.15, $0.00, $439.15, $0.00, $439.15
Trausch, Forrest R., LOT 2 -88 EAST
DUBUQUE ADD, 10 -24- 263 -020, P.O. Box 4,
1737 Washington St., $32,000.00, $33,657.21,
$506.06, $0.00, $506.06, $1,151.15,
$1,657.21
Wagner, Sharon M., EAST DUBUQUE
ADD S. 23' 7" - S. 1/2 LOT 89, 10 -24- 263 -019,
1741 Washington St., 1741 Washington St.,
$38,200.00, $38,862.94, $662.94, $0.00,
$662.94, $0.00, $662.94
City of Dubuque, N 2' S1/2 OF 89 & N1/2
OF LOT 89 EAST DUBUQUE ADD, 10 -24-
263 -018, 50 W. 13th Street, 1753 Washington
St., $42,300.00, $43,075.96, $775.96, $0.00,
$775.96, $0.00, $775.96
Clark, Keith Karlton, W1/2 OF LOT 90 &
W1/2 OF LOT 91 EAST DUBUQUE ADD, 10-
24- 263 -010, 206 East 18th , 260 East 18th St.,
$76,400.00, $79,278.91, $2,878.91, $0.00,
$2,878.91, $0.00, $2,878.91
RESOLUTION NO. 434 -11
RESOLUTION OF NECESSITY FOR THE
GREEN ALLEY PERMEABLE PAVERS
PROJECT (17TH — 18TH, BETWEEN JACK-
SON & WASHINGTON STREETS)
Whereas, the plat, schedule of assess-
ments, and estimate of total cost for the Green
Alley Permeable Pavers Project (17th — 18th
between Jackson & Washington Streets) have
been duly prepared and approved by the City
Council of the City of Dubuque and ordered
placed on file in the office of City Clerk.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Reconstruction of the pavement sur-
face with interlocking concrete pav-
ers.
Watermain reconstruction.
Replacement of four (4) lead water
services with copper.
Replacement of the brick sanitary
manholes in the alley and on 17th
18th Streets with new concrete man-
holes.
There is on file in the office of the City
Clerk an estimated total cost of the work, and
a preliminary plat and schedule showing the
amount proposed to be assessed to each lot
for the improvement.
The date, time, and place the council will
hear property owners subject to the assess-
ment and interested parties for or against the
improvement, its cost, the assessment, or the
boundaries of the district:
The City Council deems it advisable and
necessary for the public welfare to make the
herein mentioned improvements.
Unless a property owner files objections
with the City Clerk at the time of hearing on the
resolution of necessity, the property owner is
deemed to have waived all objections pertain-
ing to the regularity of the proceeding and the
legality of using the special assessment pro-
cedure.
Said improvements shall be constructed in
accordance with the plans and specifications
which have been approved by the City Council
and are now on file in the Office of the City
Clerk. The cost of making such improvement
will be assessed against property lying with the
assessment limits.
The above resolution was introduced, ap-
proved and ordered placed on file with the City
Clerk this 19th day of December, 2012.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Senator Harkin - Historic Federal Building
Lease Renewal: City Manager recommending
that a public hearing be set for January 3,
2012, on a nine -year lease extension with
Senator Harkin for office space in the Historic
Federal Building. Upon motion the documents
were received and filed and Resolution No.
435 -11 Resolution of Intent to dispose of an
interest in real property owned by the City of
Dubuque by lease between the City of Dubu-
que, Iowa and the Federal Government on
460 Regular Session, December 19, 2011 Book 141
behalf of Senator Harkin was adopted setting a
public hearing for a meeting to commence at
6:30 p.m. on January 3, 2012 in the Historic
Federal Building.
RESOLUTION NO. 435-11
INTENT TO DISPOSE OF AN INTEREST IN
REAL PROPERTY OWNED BY THE CITY OF
DUBUQUE BY LEASE BETWEEN THE CITY
OF DUBUQUE, IOWA AND THE FEDERAL
GOVERNMENT ON BEHALF OF SENATOR
HARKIN
Whereas, the City of Dubuque, Iowa (City)
owns the real property described as the Histor-
ic Federal Building, located at 350 West 6th
Street in the City of Dubuque, Iowa; and
Whereas, City and the Federal Govern-
ment have negotiated a Lease Agreement for
space in the Historic Federal Building, a copy
of which Lease Agreement is on file at the
office of the City Clerk, City Hall, 13th and Cen-
tral Avenue, Dubuque, Iowa; and
Whereas, the City Council believes it is in
the best interests of the City of Dubuque to
approve the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to
dispose of its interest in the foregoing -
described real property by Lease Agreement
between City and the Federal Government.
Section 2. The City Clerk is hereby author-
ized 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
City's intent to dispose of the foregoing -
described real property, to be held on the 3rd
day of January, 2012, at 6:30 o'clock p.m. at
the Historic Federal Building, Council Cham-
bers, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 19th
day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin Firnstahl, City Clerk
A.Y. McDonald State Assistance - Applica-
tion Amendment: City Manager recommending
that a public hearing be set for January 3,
2012 to modify the application for financial
assistance submitted to the Iowa Economic
Development Authority on behalf of A.Y.
McDonald. Upon motion the documents were
received and filed and Resolution No. 436 -11
Fixing the date for a public hearing of the city
council of the City of Dubuque, Iowa on the
proposed issuance of Urban Renewal Tax
Increment Revenue Obligations and the exe-
cution of a development agreement relating
thereto with A.Y. McDonald Mfg. Co., 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 January
3, 2012 in the Historic Federal Building.
RESOLUTION NO. 436 -11
FIXING THE DATE FOR A PUBLIC HEAR-
ING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE PROPOSED
ISSUANCE OF URBAN RENEWAL TAX IN-
CREMENT REVENUE OBLIGATIONS AND
THE EXECUTION OF A DEVELOPMENT
AGREEMENT RELATING THERETO WITH
A.Y. MCDONALD MFG CO., AND PROVID-
ING FOR THE PUBLICATION OF NOTICE
THEREOF
Whereas, City and A. Y. McDonald Mfg.,
Co. have entered into a Development Agree-
ment, subject to the approval of the City Coun-
cil, 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 inter-
ests of the City to approve the Development
Agreement, with A.Y. McDonald; and
Whereas, it is deemed necessary and ad-
visable that City should authorize Urban Re-
newal Tax Increment obligations, as provided
by Chapter 403 of the Code of Iowa, and to
enter into the Development Agreement relating
thereto for the purpose of carrying out an Ur-
ban Renewal Plan as hereinafter described;
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 Clerk is hereby author-
ized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa
Code Section 403.9 of a public hearing on the
City's intent authorize Urban Renewal Tax In-
crement Revenue obligations, to be held on the
3rd day of January, 2012, at 6:30 o'clock p.m. in
the City Council Chambers at the Historic Fed-
eral Building, 350 W. 6th St., Dubuque, Iowa.
Section 2. The City Council will meet at
said time and place for the purpose of taking
action on the matter of authorizing Urban Re-
newal Tax Increment Revenue obligations and
the execution of the Development Agreement
relating thereto with A.Y. McDonald Mfg Co.,
the proceeds of which obligations will be used
to carry out certain of the special financing
activities described in the Urban Renewal Plan
Book 141 Regular Session, December 19, 2011 461
for the Dubuque Industrial Center Economic
Development District, consisting of the funding
of economic developments grants to A.Y.
McDonald Mfg. Co. pursuant to the Develop-
ment Agreement under the terms and condi-
tions of said Urban Renewal Plan. It is ex-
pected that the aggregate amount of the Tax
Increment Revenue obligations is approxi-
mately $92,898.
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 circula-
tion in said City, said publication to be not less
than four days nor more than twenty days be-
fore 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 sub-
stantially the form attached hereto.
Passed, approved and adopted this 19h
day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
BOARDS /COMMISSIONS
Applicants were invited to address the City
Council regarding their desire to serve on the
following Boards/Commissions; applicant ap-
pointments will be made at the next City
Council meeting.
Housing Code Appeals Board: One 3 -year
term through January 11, 2015 (Expiring term
of Miller). Applicant: Fred Miller, 2462 Central
Avenue.
Investment Oversight Advisory Commis-
sion: One 3 -year term through July 1, 2012
(Vacant term of Melendez). Applicant: Ashlie
Simonson, 44 S. Algona Street
Appointments to the following Commis-
sions:
Human Rights Commission: Three 3 -year
terms through January 1, 2015 (Expiring terms
of Allen, Hansen and Stewart). Applicants:
Anthony Allen, 1725'% Delhi Street; Kurt Han-
sen, 511 Nocturnal Lane (Additional Appli-
cant); R.R.S. Stewart, 460 Summit Street. Mo-
tion by Lynch to appoint Anthony Allen, Kurt
Hansen and R.R.S. Stewart to the Human
Rights Commission for 3 -year terms through
January 1, 2015. Seconded by Resnick. Mo-
tion carried 6 -0.
Mediacom Charitable Foundation: Two 1-
year terms through December 31, 2012 (Expir-
ing terms of Chavenelle and Twining). Appli-
cants. Gail Chavenelle, 1155 Kelly Lane; Con-
nie Twinning, 421 N. Booth Street. Motion by
Lynch to appoint Gail Chavenelle and Connie
Twining to the Mediacom Charitable Founda-
tion for 1 -year terms through December 31,
2012 Ssoonded by Resnbk Motion carved 6Q
PUBLIC HEARINGS
Request to Amend Planned Unit Develop-
ment - Asbury Plaza (Tabled from November
21, 2011): Proof of publication on notice of
public hearing to consider a request by
O'Connor & Thomas, P.C., Asbury Dubuque,
LC, and Richardson Investments, LLC to
amend the Asbury Plaza Planned Unit Devel-
opment to allow for a right -in /right -out access
to the Northwest Arterial and to amend the list
of permitted uses, height and sign regulations
and the Zoning Advisory Commission recom-
mending approval.
City Manager recommending additional
amendments to the Asbury Plaza Planned Unit
Development.
Correspondence from O'Connor & Thomas
on behalf of the developers requesting that the
request to amend the Planned Unit Develop-
ment for Asbury Plaza be tabled to January
17, 2012.
Motion by Connors to remove from the ta-
ble. Seconded by Lynch. Motion carried 6 -0.
Motion by Connors to table until January
17, 2012. Seconded by Braig. Motion carried
6 -0.
Upon motion the rules were suspended al-
lowing anyone present to address the City
Council.
Request to Rezone - 2763 University Ave-
nue: Proof of Publication on notice of public
hearing to consider rezoning property located
at 2763 University Avenue as requested by
Julie Hammel and Tom and Dave Kluck to
permit a 72- foot -wide common building, 60-
foot maximum width approved on the existing
conceptual plan and the Zoning Advisory
Commission recommending approval. Motion
by Jones to receive and file the documents
and that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Braig. Assistant Planner
Kyle Kritz provided a staff report. Zoning Advi-
sory Commission Chairperson Charlie Harris
responded to questions from City Council.
Developer Tom Kluck, 2499 LaVista Street,
stated that this represents the final changes to
the request. Motion carried 6 -0.
Motion by Lynch for final consideration and
passage of Ordinance No. 53 -11 Amending
Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, by Re-
scinding Ordinances 36 -09 And 41 -11, Which
Established Regulations for a Planned Unit
Development with a Planned Residential Des-
462 Regular Session, December 19, 2011 Book 141
ignation, Located North of the University Ave-
nue and Ethel Street Intersection, and Now
Being Amended to Allow Adding Decks to the
Common Building. Seconded by Jones. Motion
carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 53 -11
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RESCIND-
ING ORDINANCES 36 -09 AND 41 -11,
WHICH ESTABLISHED REGULATIONS FOR
A PLANNED UNIT DEVELOPMENT WITH A
PLANNED RESIDENTIAL DESIGNATION,
LOCATED NORTH OF THE UNIVERSITY
AVENUE AND ETHEL STREET INTERSEC-
TION, AND NOW BEING AMENDED TO AL-
LOW ADDING DECKS TO THE COMMON
BUILDING.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances, Unified Development Code, is
hereby amended by rescinding Ordinances 36-
09 and 41 -11, which established regulations
for a Planned Unit Development with a PR
Planned Residential District, and now being
amended to allow adding decks to the com-
mon building for the following described prop-
erty, to wit: Lot 28 and Lot 29 Lenox Addition
and Lot 1 of 1 of 2 Bonson Farm, and to the
centerline of the adjoining public right -of -way,
all in the City of Dubuque, Iowa.
A. Use Regulations.
The following regulations shall apply
to all uses made of land in the above -
described PR Planned Residential
District:
4. Principal permitted uses shall
be limited to 51 housing dwell-
ing units.
5. No secondary or contingency
uses shall be permitted.
6. Accessory uses shall include
any use customarily incidental
and subordinate to the princi-
pal use it serves.
B. Lot and Bulk Regulations.
Development of land in the PR
Planned Residential District shall be
regulated as follows:
7. 1. Proposed buildings shall be
located in substantial conform-
ance with the approved con-
ceptual development plan dat-
ed June 27, 2011.
8. 2. Building #1 must be set back
a minimum of 80 feet from the
east side property line and 30
feet from the west side proper-
ty line.
9. 3. Maximum building height of
50 feet shall be allowed as
measured from the first floor
elevation to mid point of the
peak of the roof.
10. The common building shall be
set back a minimum of 20 feet
from the north property with a
maximum of 72 feet of building
width and 36 feet of building
depth.
C. Performance Standards
The development and maintenance of
uses in this PR Planned Residential
District shall be regulated as follows:
7. Parking Regulations
a. Off - street parking shall be
provided based on the ap-
proved conceptual plan with
32 spaces provided on sur-
face lots and 56 spaces in
underground parking.
b. All vehicle - related features
shall be surfaced with either
asphalt or concrete.
c. Curbing and proper surface
drainage of storm water
shall be provided.
d. All parking and loading
spaces shall be delineated
on the surfacing material by
painted stripes or other
permanent means.
e. The number, size and de-
sign of parking spaces shall
be governed by applicable
provisions of City of Dubu-
que Ordinances enforced at
the time of development of
the lot.
f. The number, size, design,
and location of parking
spaces designated for per-
sons with disabilities shall
be according to the local,
state, or federal require-
ments in effect at the time
of development.
8. Site Lighting
a. Exterior illumination of
site features shall be lim-
ited to the illumination of
the following:
i. Parking areas, drive-
ways and loading facil-
ities.
ii. Pedestrian walkway
surfaces and entranc-
es to building.
iii. Building exterior.
Book 141 Regular Session, December 19, 2011 463
b. Location and Design
i. No light source shall
provide illumination
onto adjacent lots,
buildings or streets in
excess of 1.0 foot
candle.
ii. All exterior lighting lu-
minaries shall be de-
signed and installed to
shield light from the
luminaries at angles
above 72- degrees
from vertical.
iii. Fixtures mounted on a
building shall not be
positioned higher than
the roofline of the
building.
iv. All electrical service
lines to posts and fix-
tures shall be under-
ground and concealed
inside the posts.
9. Landscaping
a. Plant Materials. The
open space of each lot
shall be planted with
permanent lawn and
ground covers, shrubs
and trees. It is the in-
tent of these regulations
that the development of
required open spaces
shall reflect a high quali-
ty of environmental de-
sign. The following pro-
visions shall apply.
i. Landscape
plans are re-
quired as part
of submittals
for site plan
review. Land-
scape plans
are to include
type, number
and size of
proposed
plantings.
Landscaping
shall be de-
signed in com-
pliance with
Section 4 -4 of
the Zoning Or-
dinance.
ii. Within one (1)
year following
completion of
construction,
or by the date
that a building
is issued an
occupancy cer-
tificate by the
Building Ser-
vices Depart-
ment of the
City of Dubu-
que, whichever
first occurs,
required land-
scaping shall
be installed.
iii. The proposed
clubhouse
building with
three (3) resi-
dential units on
the second
floor shall be
screened on
the north side
with hemlock
evergreen
trees a mini-
mum of six (6)
feet at planting
and spaced
eight (8) feet
apart, and the
west side shall
consist of three
(3) deciduous
trees of 2.5"
caliper at
planting with
location and
species to be
coordinated
with Planning
Services.
10. Storm Water Conveyance
The developer shall be re-
sponsible for providing sur-
face or subsurface convey -
ance(s) of storm water from
the lot to existing storm
sewers or to flow line of
open drainageways outside
the lot in a means that is sat-
isfactory to the City of
Dubuque. Other applicable
regulations enforced by the
City of Dubuque relative to
storm water management
and drainage shall apply to
the subject property.
11. Exterior Trash Collection Are-
as
a. The storage of trash
and debris shall be lim-
ited to that produced
464 Regular Session, December 19, 2011 Book 141
by the principal permit-
ted use and accessory
uses of the lot.
b. All exterior trash collec-
tion areas and the ma-
terials contained there-
in shall be visually
screened from view.
The screening shall be
completely opaque
fence, wall or other
feature not exceeding
a height of 10 feet
measured from the
ground level outside
the line of the screen.
Screens built on slop-
ing grades shall be
stepped so that their
top line shall be hori-
zontal. Exposed mate-
rials used to construct
the opaque screen
shall be similar in ap-
pearance to materials
used for exterior build-
ing walls. All exterior
entrances to a
screened trash area
shall be provided with
a gate or door of simi-
lar design to that of the
screen.
If a 10 -foot high screen
fails to shield the exteri-
or trash collection area
from view from points
inside or outside of the
property, evergreen
plantings may be re-
quired in addition to the
screening. Evergreen
plant materials shall be
selected and designed
so that they will screen
the area from all off -site
visibility within five (5)
years.
12. Final site development plans
shall be submitted in accord-
ance with Section 4 -4 of the
Zoning Ordinance prior to
construction of any buildings.
D. Open Space and Recreation Areas
Open space and landscaping in the
PR Planned Residential District shall
be regulated as follows. Those areas
not designated on the conceptual de-
velopment plan shall be maintained
as open space, as defined by Section
8 of the Zoning Ordinance of the City
of Dubuque, Iowa, by the property
owner and /or association.
E. Sign Regulations
3. Signs in the Planned Residen-
tial District shall be regulated
in accordance with the R -4
Multi - Family Residential Zon-
ing District sign regulations of
the Zoning Ordinance.
4. Variance requests from sign
requirements for size, number
and height shall be reviewed
by the Zoning Board of Ad-
justment in accordance with
Section 5 -3 of the Zoning Or-
dinance.
F. Other Codes and Regulations
4. Service Lines. All electric, tel-
ephone, cable, or other similar
utility lines serving the building
and other site features shall
be located underground.
5. The use of semi - trailers and
shipping containers for stor-
age is prohibited.
6. These regulations do not re-
lieve the owner from other ap-
plicable city, county, state or
federal codes, regulations,
laws and other controls rela-
tive to the planning, construc-
tion, operation and manage-
ment of property within the city
of Dubuque.
G. Transfer of Ownership
Transfer of ownership or lease of
property in this PR Planned Residen-
tial District shall include the transfer
or lease agreement a provision that
the purchaser or lessee acknowledg-
es awareness of the conditions au-
thorizing the establishment of the dis-
trict.
H. Occupancy Permits
No occupancy permit shall be issued
by the City of Dubuque for property
included in the subject planned unit
development district until full compli-
ance with this ordinance has been
achieved.
I. Recording
A copy of this Ordinance shall be
recorded at the expense of the prop-
erty owner(s) with the Dubuque coun-
ty recorder as a permanent record of
the conditions accepted as part of this
reclassification approval. This ordi-
nance shall be binding upon the un-
dersigned and his /her heirs, succes-
sors and assigns.
Section 2. The foregoing
amendment has heretofore been re-
Book 141 Regular Session, December 19, 2011 465
viewed by the Zoning Advisory Com-
mission of the City of Dubuque, Iowa.
Section 3. The foregoing
amendment shall take effect upon pub-
lication, as provided by law.
Passed, approved and adopted
thisl9th day of December, 2011.
/s /Lynn Sutton, Mayor Pro -Tem
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
Newspaper the 23rd day of December 2011.
/s /Kevin S. Firnstahl, City Clerk
Request to Amend PUD - 2175 Holliday
Drive: Proof of Publication on notice of public
hearing to consider a request by Green Acres
Storage, LLC to amend the existing PC
Planned Commercial District for property lo-
cated at 2175 Holliday Drive to allow mini -
storage as a permitted use and increase build-
ing height to 45 feet and the Zoning Advisory
Commission recommending approval. Motion
by Connors to receive and file the documents
and that the requirement that a proposed ordi-
nance be considered and voted on for pas-
sage at two Council meetings prior to the
meeting at which it is to be passed be sus-
pended. Seconded by Jones. Developer Seth
Green, 5315 J Street, Cedar Rapids, spoke in
support of the proposed ordinance and re-
sponded to questions from City Council. Attor-
ney Craig Remke, 700 Locust Street, spoke in
opposition to the proposed ordinance on be-
half of Rockford Industrial Supply, which owns
adjacent property. Motion carried 6 -0.
Motion by Connors for final consideration
and passage of Ordinance No. 54 -11 Amend-
ing Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by
rescinding Ordinances 15 -99 and 03 -02, which
established regulations for a Planned Unit De-
velopment with a Planned Commercial Desig-
nation, located at the southwest corner of the
Northwest Arterial and Asbury Road and
adopting a revised ordinance allowing Mini -
Warehousing as a Permitted Use and amend-
ing the maximum building height. Seconded by
Braig. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 54 -11
AMENDING TITLE 16 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RESCIND-
ING ORDINANCES 15 -99 AND 03 -02,
WHICH ESTABLISHED REGULATIONS FOR
A PLANNED UNIT DEVELOPMENT WITH A
PLANNED COMMERCIAL DESIGNATION,
LOCATED AT THE SOUTHWEST CORNER
OF THE NORTHWEST ARTERIAL AND AS-
BURY ROAD AND ADOPTING A REVISED
ORDINANCE ALLOWING MINI -
WAREHOUSING AS A PERMITTED USE
AND AMENDING THE MAXIMUM BUILDING
HEIGHT.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of
Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by rescind-
ing Ordinances 15 -99 and 03 -02 which estab-
lished regulations for the existing Planned Unit
Development and now being revised to allow
mini - warehousing as a permitted use and
amending the maximum building height.
Lot 2 and Lot 3 of Holliday Addition and
Lot 1, Lot 1 of 2, and Lot 2 of 2 Holliday
2nd Addition, and to the centerline of the
adjoining public right -of -way, all in the
City of Dubuque, Iowa.
D. Use Regulations
The following regulations shall
apply to all uses made of land in
the above described PUD Dis-
trict:
2. Principal permitted uses of
the lots designated for
commercial development
shall b e limited to:
x. General office
y. Medical office /clinic
z. Dental /medical lab
aa. Personal services
bb. Barber /beauty shop
cc. Motel
dd. Gas station
ee. Retail sales /service
if. Laundry /dry clean-
er
gg. Shoe repair
hh. Bakery (whole-
sale /commercial)
ii. Indoor restaurant
jj. Bar /tavern
kk. Automated gas sta-
tion
II. Service station
mm. Su permarket
nn. Tailoring /alterations
oo. Furniture /home fur-
nishing
pp. Appliance
sales /service
qq. Catalog center
rr. Drive -in /carry -out
restaurant
ss. Drive -up automated
bank teller
tt. Self- service
carwash
uu. Neighborhood
shopping center
466 Regular Session, December 19, 2011 Book 141
vv. Business services
ww. Department stores
xx. Banks /savings and
loans, and credit
unions
Indoor amusement
center
zz. Vending /game ma-
chine sales and
service
aaa.Indoor recreation
facilities
bbb.Mail order houses
ccc. Lumber -
yards/building ma-
terials sales
ddd. Printing /publishing
eee. Full- service
carwash
fff. Auto sales /service
ggg.Motorcycle sales
and service
hhh.Local shopping
center
iii. Mini - warehousing
(Lot 1 Holliday 2od
Addition only)
2. Accessory uses shall in-
clude any use custom-
arily incidental and sub-
ordinate to the principal
use it serves.
E. Lot and Bulk Regulations
Development of land in the
PUD District shall be regulated as
follows:
1. All building structures and
activities shall be located
in accordance with pro-
visions of the PUD Dis-
trict regulations of this
ordinance.
2. All buildings and structures
located on lots designat-
ed for commercial devel-
opment shall meet bulk
regulations set forth in
the Unified Development
Code for the C -3 Gen-
eral Commercial District,
Section 16 -5 -13, except
that building height for
Lot 1 Holliday 2° Addi-
tion shall be 45 feet.
F. Performance Standards
The development and mainte-
nance of uses in this PUD Dis-
trict shall be established in con-
formance with Section 16 -5 -24
of the Unified Development
Code and the following stand-
ards.
yy
1. Proposed public streets in
the Planned Commercial
development shall be
designed and built to
City Engineering specifi-
cations.
2. The first public street shall
be constructed concur-
rent with the develop-
ment of Lots 1, 2 and 3.
3. Erosion control shall be pro-
vided during all phases
of construction.
4. Parking requirements for al-
lowed uses in the PUD
District shall be as per
the parking group for the
designated use, in ac-
cordance with Section
16 -14 -6 of the Unified
Development Code.
5. Sidewalks shall be provided
adjoining all public
streets.
6. Storm water detention facili-
ties will be installed as
per city Engineering re-
quirements.
7. Adequate illumination shall
be provided to all areas
used for vehicle and pe-
destrian circulation.
Light fixtures shall be of
a cut -off design and be
mounted at a 90- degree
angle to a vertical light
standard.
8. The conceptual plan shall
serve as the preliminary
plat for the PUD District.
Subdivision plats and
improvement plan shall
be submitted in accord-
ance with Chapter 42,
Subdivision Regulations,
of the City of Dubuque
Code of Ordinances.
9. Final site development plans
shall be submitted in ac-
cordance with Section
16 -12 of the Unified De-
velopment Code of the
City of Dubuque, Iowa
prior to construction of
any buildings.
10. Developer shall set aside a
30 -foot east/west x 275 -
foot north /south buffer
easement area starting
at the southwest corner
of Lot 4. Landscape
buffer shall consist of a
Book 141 Regular Session, December 19, 2011 467
five -foot high berm with
evergreen trees planted
15 feet on center. Trees
shall be eight feet high at
time of planting. The
type of evergreen trees
shall be installed prior to
the opening, if any, of
the retail stores on Lots
2 or 3, provided all four
lots are zoned commer-
cial.
D. Sign Regulations
Signs in the PUD District shall
be regulated as follows:
2. On- premise signage shall be
regulated by the C -3
General Commercial
District sign regulations
of Section 4 -3.11 of the
Zoning Ordinance, ex-
cept that each lot shall
be limited to one (1)
freestanding sign per
business, with each sign
to be a maximum of 25
feet high and 108 square
feet in size.
3. Off - premise signage shall be
regulated by the C -3
General Commercial
District sign regulations
of Section 4 -3.11 of the
Zoning Ordinance.
I. Transfer of Ownership
Transfer of ownership or lease
of property in this PUD District
shall include in the transfer or
lease agreement a provision
that the purchaser or leasee
acknowledges awareness of the
conditions authorizing the estab-
lishment of the PUD district.
J. Record ing
A copy of this ordinance shall be
recorded at the expense of the
property owner(s) with the
Dubuque County Recorder as a
permanent record of the condi-
tions accepted as part of this re-
classification approval within ten
(10) days after the adoption of
this ordinance. This ordinance
shall be binding upon the un-
dersigned and his /her heirs,
successors and assigns.
Section 2. The foregoing ordinance
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 provid-
ed by law.
Passed, approved and adopted this
19t° day of December, 2011.
/s/Lynn Sutton, Mayor Pro -Tem
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
Newspaper the 23rd day of December, 2011.
/s/ Kevin Firnstahl, City Clerk
Bonson Block, LLC - Development Agree-
ment for 356 Main Street: Proof of Publication
on notice of public hearing to approve a devel-
opment agreement with Bonson Block, LLC to
redevelop property located at 356 Main Street
and the City Manager recommending approv-
al. Motion by Lynch to receive and file the
documents and adopt Resolution No. 437 -11
Approving a development agreement with
Bonson Block, LLC for the property located at
356 Main Street. Seconded by Connors. Mo-
tion carried 6 -0.
RESOLUTION NO. 437 -11
APPROVING A DEVELOPMENT AGREE-
MENT WITH BONSON BLOCK, LLC FOR
THE PROPERTY LOCATED AT 356 MAIN
STREET
Whereas, the City of Dubuque, Iowa, has
created a Downtown Incentive Programs for
the purpose of stimulating reinvestment in the
Greater Downtown Urban Renewal District;
and
Whereas, the City of Dubuque, Iowa is en-
couraging the use of financial incentives to
help finance code compliance activities and to
spur redevelopment; and
Whereas, it is the determination of this
Council that approval of the Development
Agreement for the rehabilitation of the Property
owned by Bonson Block, LLC according to the
terms and conditions set out in the Develop-
ment Agreement is in the public interest of the
City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agree-
ment with Bonson Block, LLC is hereby ac-
cepted and approved.
Section 2. That the Mayor is hereby au-
thorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, the at-
tached Development Agreement with Bonson
Block, LLC.
Section 3. That the City Manager is hereby
authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all nec-
essary grant documents and is further author-
ized to disburse grant funds in accordance
with the terms and conditions of the executed
468 Regular Session, December 19, 2011 Book 141
agreement.
Passed, approved and adopted this 19th
day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin Firnstahl, City Clerk
Upon motion the rules were reinstated lim-
iting discussion to the City Council.
ACTION ITEMS
Safe Community Advisory Committee:
Safe Community Advisory Committee recom-
mending continuation of the Committee
through December 31, 2012 and Committee
Member Doug Stillings, 1255 Locust Street,
provided a report on the activities of the Com-
mittee for 2011. Motion 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. Motion
carried 6 -0.
Motion by Jones for final consideration and
passage of Ordinance No. 55 -11 Amending
Ordinance No. 55 -10 which created the Safe
Community Advisory Committee by extending
the sunset of the Committee and the terms of
the members from December 31, 2011 to De-
cember 12, 2012. Seconded by Braig. Motion
carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 55 -11
AMENDING ORDINANCE NO. 55 -10 WHICH
CREATED THE SAFE COMMUNITY ADVI-
SORY COMMITTEE BY EXTENDING THE
SUNSET OF THE COMMITTEE AND THE
TERMS OF THE MEMBERS FROM DECEM-
BER 31, 2011 TO DECEMBER 12, 2012
Whereas, Ordinance No. 55 -10 created the
Safe Community Advisory Committee which
ceases to exist on December 31, 2011; and
Whereas, the City Council deems it in the
public interest to extend the existence of the
Committee and the terms of the Committee
members.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Ordinance No. 55 -10, Sec. 2 -9 -6
is amended to read as follows:
2 -9 -6: Terms: The term of office for
members of the Safe Community Advisory
Committee begins on January 1, 2011 and
ends on December 31, 2012.
Section. 2. Ordinance No. 55 -10, Sec. 2 -9-
13 is amended to read as follows:
2 -9 -13: Sunset of Safe Community
Advisory Committee: The Safe Community
Advisory Committee will cease to exist on
December 31, 2012.
Section 3. This Ordinance takes effect on
publication.
Passed, approved and adopted the 19th
day of December, 2011.
/s/Lynn Sutton, Mayor Pro -Tem
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
Newspaper the 23rd day of December, 2011.
/s /Kevin S. Firnstahl, City Clerk
Carnegie -Stout Public Library Signs: His-
toric Preservation Commission submitting a
design review recommendation for the Carne-
gie -Stout Public Library signs.
Historic Preservation Commission Chair-
person David Klavitter request to address the
City Council.
Library Board of Trustees President Paula
Connors request to address the City Council.
Restated motion by Braig to receive and
file the documents and that the Historic
Preservation Commission, the Library Board of
Trustees and Lange Sign Company continue
to meet and return a resolution to the City
Council at the April 2, 2012 Council meeting.
Seconded by Jones. Historic Preservation
Commission Chairperson David Klavitter, Li-
brary Board President Paula Connors and
Lange Sign Company owner Dan Lange all
respectively provided information on the histor-
ic requirements, design elements and re-
placement issues related to the different solu-
tions. Motion carried 6 -0.
Sewershed 11 Corrective Action Plan: City
Manager recommending submittal of the Sew -
ershed 11 Corrective Action Plan to the agen-
cies stated in the Consent Decree. Motion by
Braig to receive and file the documents and
approve the recommendation. Seconded by
Jones. Motion carried 6 -0.
Acquisition of Property from W.C. Stewart
and Stew -Mc Development, Inc.: City Manager
recommending acceptance of the deeds for
12.93 acres located in a water way south of
Target and Center Grove Drive from W.C.
Stewart and approving the purchase of .41
acres from Stew -Mc Development Inc. for the
purchase price of $185,000. Motion by Jones
to receive and file the documents and adopt
Resolution No. 438 -11 Accepting the deed to
certain real estate in Dubuque County, Iowa
from W. C. Stewart Construction, Inc.; and
Resolution No. 439 -11 Accepting the deed to
certain real estate in Dubuque County, Iowa
from Stew -MC Development, Inc. Seconded
by Braig. Responding to questions from City
Council, Economic Development Director
Dave Heiar and Van Milligen provided infor-
mation on the land value and development as
Book 141 Regular Session, December 19, 2011 469
it related to Phase II of the Historic Millwork
District. Motion carried 6 -0.
RESOLUTION NO. 438 -11
ACCEPTING THE DEED TO CERTAIN REAL
ESTATE IN DUBUQUE COUNTY, IOWA
FROM W.C. STEWART CONSTRUCTION,
INC.
Whereas, W.C. STEWART CONSTRUC-
TION, INC. has offered to donate to the City of
Dubuque the following described real property
in Dubuque County, Iowa:
Lots 1 and 2 of LLOYD'S SUB-
DIVISION; Lots 77 and 78, in
CENTER GROVE (also known
as CENTRE GROVE); Lot 1 of
Lot 1 of Lot 1 of Lot 1 of Lot 1 of
Lot 1 of Lot 1 of Lot 1 of MINER-
AL LOT 232; Lot 2 of Lot 1 of Lot
1 of MINERAL LOT 233; Lot 2 of
Lot 1 of Lot 2 of MINERAL LOT
233; in the City of Dubuque, Io-
wa, according to the respective
Plats thereof; and
Whereas, the City Council finds that it is in
the best interest of the City to accept such gift
from W.C. STEWART CONSTRUCTION, INC.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the
Warranty Deed from W.C. STEWART CON-
STRUCTION, INC. attached hereto.
2. The City Clerk is hereby authorized and
directed to record this Resolution and the War-
ranty Deed with the Dubuque County Record-
er.
Passed, approved and adopted this 19th
day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 439 -11
ACCEPTING THE DEED TO CERTAIN REAL
ESTATE IN DUBUQUE COUNTY, IOWA
FROM STEW -MC DEVELOPMENT, INC.
Whereas, the City of Dubuque entered into
an Agreement with STEW -MC DEVELOP-
MENT, INC. for the purchase of the following
described real property in Dubuque County,
Iowa:
The East One Fourth of City Lot 500 in the City
of Dubuque, Iowa, according to the United
States Commissioners' Map of the City of
Dubuque, Iowa, except that part sold to the
State of Iowa, subject to easements of record
(the Real Estate);and
Whereas, the terms of the Agreement have
now been met.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the
Warranty Deed from STEW -MC DEVELOP-
MENT, INC. attached hereto.
2. The City Clerk is hereby authorized and
directed to record this Resolution and the War-
ranty Deed with the Dubuque County Record-
er.
Passed, approved and adopted this 19th
day of December, 2011.
Lynn Sutton, Mayor- Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Citizen Petition - Jule Transit Services:
Terri Berry submitting a citizen petition re-
questing the reactivation of former Jule bus
lines and to retain newer physical coverage
areas. Motion by Braig to receive and file and
refer to the City Manager. Seconded by Jones.
Responding to questions from City Council,
Transit Manager Barbara Morck stated that
she has met with Ms. Berry regarding resolu-
tion of issues. Motion carried 6 -0.
Crime Free Multi- Housing Landlord Train-
ing Program Update: City Manager transmit-
ting an update on the City of Dubuque's Crime
Free Multi- Housing Landlord Training Pro-
gram, with specific emphasis on changes that
have been made to respond to the Safe Com-
munity Task Force recommendations. Motion
by Jones to receive and file the documents.
Seconded by Braig. Motion carried 6 -0.
City Council Meeting Schedule: City Man-
ager recommending approval of an ordinance
that City Council meetings are affected only by
City holidays. 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 Resnick. Motion
carried 6 -0.
Motion by Lynch for final consideration and
passage of Ordinance No. 56 -11 Amending
City of Dubuque Code of Ordinances Title 1
Administration, Chapter 6 Mayor and City
Council Article A Rules and Procedure Section
1 -6a -3 Types of Meetings by Specifying City
Holidays. Seconded by Resnick. Motion car-
ried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 56 -11
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES TITLE 1 ADMINISTRATION,
CHAPTER 6 MAYOR AND CITY COUNCIL
ARTICLE A RULES AND PROCEDURE
SECTION 1 -6A -3 TYPES OF MEETINGS BY
SPECIFYING CITY HOLIDAYS
470 Regular Session, December 19, 2011 Book 141
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordi-
nances Section 1 -6A -3 is amended to read as
follows:
1 -6A -3: TYPES OF MEETINGS:
A. Regular Meetings: Regular
meetings of the council must be held
on the first and third Mondays of each
month. However, when the first or
third Monday falls upon any of the fol-
lowing City holidays, such meeting
must be held on the next succeeding
day:
New Year's Day
Martin Luther King's Birth-
day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
Section 2. This ordinance shall take effect
upon publication
Passed, approved and adopted the 19th
day of December, 2011.
/s/Lynn Sutton, Mayor Pro -Tem
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald
Newspaper the 23rd day of December, 2012.
/s /Kevin S. Firnstahl, City Clerk
There being no further business, upon mo-
tion the City Council adjourned at 8:32 p.m.
/s/Kevin S. Firnstahl
City Clerk
Book 141 INDEX 471
A
A.Y. McDonald Mfg. Co 53, 536, 553
A.Y. McDonald Park 183, 220
AARP (American Association of Retired People) 118
ABC Supply 222, 239, 499
Abstract of Votes (November 8, 2011 General Election) 507
Accessorize Me, Inc. 235
Acquisition of Property 166
Acting Lead Public Safety Dispatcher 461
Actuarial Valuation of Post Employment Benefit Plans 10
Adobo's Mexican Grill 283, 284
Advancing Safe and Healthy Homes for Children and Families Initiative 414
AECOM Technical Services, Inc. 72, 73, 298
AIMS Parking Enforcement Software Module 361
Alamo, The 62, 203
Alcohol Compliance -Civil Penalties for Alcohol License Holders..12, 183, 379, 414, 415, 432, 433, 461, 487, 548
Alcohol License Violations Ordinance Amendment 172
Aldi Stores 461, 462
Algona Street 236, 272
All- America City Award 2012 478
Allen, Anthony 532, 554
Allender Butzke Engineers, Inc. 487
Alliant Amphitheater 283, 284, 324
Alliant Energy 506
ALLTRANS, Inc 415
Alternative Services Concepts (ASC) 471, 480
Althoff, Marilyn 93
Amberg, Sandra 12
America's River Corporation 93, 260
America's River Project III 160
American Association for the Advancement of Science 527
American Builders and Contractor's Supply Co., Inc (ABC) See ABC Supply
American Council of Engineering Companies (ACEC) 76, 158
American Dental Association (ADA) 283
American Legion Post # 6 265
American Society for Public Administration (ASPA) 479
American Trust and Savings Bank 527
AmeriCorps 65, 71, 119, 227, 301, 414, 480, 507
Anderson, Jason 136
Anderson, Jerry 109
Angie's Bar 433
Anglese, Ryan 138
Anglin, Ken 194
Annexations
Centralia Urbanized Area 76
Dubuque Metropolitan Area Solid Waste Agency 76, 156, 216, 230
Peosta Urbanized Area 76
Ansel, Mike 258
Anthoney, Sarah 407
Apartments, LTD Corp. 54, 234
Apel, Lori 183
Apple Corps, Inc 284
Applebee's Neighbor's Bar & Grill 284
Aragon Tap, The 234,487,488
Aramark Education Service 163
472 INDEX Book 141
ARC Games, The 220
ARC Transfer Center 159
Arceo, Magdaleno 379
Arensdorf, Luke 405
Arensdorf, Pamela 303, 548
ARMARK Educational Service 461
Armstrong, Marcy and Michael 385
Armstrong, William 479
Art on the River Exhibition 158
Art Works 407
Arthofer Properties, LLC 9
Arts and Cultural Affairs Advisory Commission 152, 158, 242, 291, 453
Minutes Submitted 40, 97, 177, 197, 228, 279, 426, 478, 516
Arts and Cultural Affairs Coordinator 537
Arts Our Town Grant 218
Asbury and IA 32 Traffic Signal / Grading Project 7
Asbury Drive 429
Asbury Plaza 429, 511, 554
Asbury Road 223, 309, 352
Assessments
1906 Catherine Street 458
Central Avenue Water Service Lateral Pro -ject (21st to 32nd Street) 99
Delinquent Snow and Ice Removal and Garbage Collection Accounts 295
Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts 49, 347
Delinquent Weed /Junk /Garbage Enforcement Charges 47, 322, 523
Green Alley Permeable Pavers Project 335, 549
Sidewalk Assessment Project 216
Snow and Ice Removal and Garbage Collection Accounts 295
Vacant and Abandoned Building (VABs) and Problem Property Assessments 46, 297
Assistance to Firefighters Grant 459
Assistant Horticulturist 228, 459
Association of Fundraising Professionals Greater Tri -State Chapter 478
Association of State and Territorial Dental Directors (ASTDD) 283
AT &T 479
Atkinson, Linda Kay 204
Atkinson, Robert F. and Brenda L. 105
Auderer, Ervin and Linda 271, 272
Audit Engagement Agreement 263
Audit Services 183
Automated Red Light and Speed Enforcement Cameras 404, 514, 516, 526, 537
AV Preeminent Rating 6
Aviles, Jesus 495, 527
Awn Stop Mart 13, 302, 462
B
Bahl, Jeff and Janice 212
Bahr, Mickey 263
Bandana's Bar -B -Q 379, 381, 461
Bank Bar & Grille, The 379, 380, 472
Bar X, The 203, 204
Barton, Jim 272
Basten, Danielle 212, 228
Bateman, Steve 405
Bauer, Nichole 407, 426
Bauer, Wayne and Betty 137
Beau, Ann 407
Beauchamp, Bill 258
Beck, Julie 510
Book 141 INDEX 473
Bedrock Development, LLC 82
Bee Branch Building Deconstruction Project 43
Bee Branch Creek Building Deconstruction Project 234
Bee Branch Creek Outdoor Classroom Project 105
Bee Branch Creek Restoration Project 420
Bee Branch Subdivision 483
Design Modifications 257
Design Work Session 395
Engineering Services 234
Environmental Assessment 3
Kniest Street Park Property Acquisition 8
Property Acquisition 1, 104, 105, 138, 179, 182, 200, 201, 295, 350, 395, 410, 411, 423, 454, 480, 481, 482,
507, 520, 522
Trees Forever 2
Vision Iowa RECAT Grant 161
Bee Branch Creek Trail 261, 262, 339, 340, 479
Bee Branch Subdivision 45, 281, 383, 467, 483
Beecher Beverage 203,204,234
Bell Tower Productions 283, 284
Bennett Street 23, 236, 272, 489, 512
Bergrud, Erik 479
Berry, Terri 562
Best Western Plus Hotel & Conference Center 3, 379
Beytien, Craig 463, 473
Bickel, Reverend Nancy 137
Bicycle Friendly Community 227, 261
Biechler, Daryl 511, 532
Biederman, Ed 279
Bies Drive 178
Big 10 Mart 108, 109, 234, 487, 488
Bird, Jr., Eugene 286, 384, 418, 491, 492, 510
Bishop's Block Building 427
Bissell, Bob, FEMA Region VII 41
Black Hills Energy 43
Blackburn, Camille 279
Blanche Avenue 467, 541
Blanche Avenue Resurfacing Project 541
Blocker, Virgil 259
Blue Sky 4, Ltd 472
Bluff Street 144, 217, 241, 300, 486
Bluff Street Brew Haus 108, 109
Blum, Jamie 293
Blume, Nickie 285, 308, 491, 510
BMX Park 71
Board of Review 69, 350
Bodnar, Patricia 347
Bonnet, Keith 198
Bonson Block, LLC 531, 560
Bonson's Block Ventures, LLC 232
Bootlegger's Pub 78
Bottiger, Betty J. 179
Bottoms Property 505
Bowling & Beyond 548
Boxleiter, Shayna 206
Boy Scout Troup 10 423
Bradt, Kevin 137
Brady, Jim 136
Braley, Congressman Bruce 106
Branch Creek Parkway Project 152
474 INDEX Book 141
Brandel, Ann 407
Branstad, Governor Terry E. 294
Breezer's Pub 3
Brennan, Michael 271
Bridge Restaurant, The 507, 508
Bridges Out of Poverty 497
Bridwell, Mike 425
Brookings Institution, The 527
Brown, Michelle 93
Brown, Veleta 493
Brown,Tim 147
Brownfields 528
Bruce, Greg 452, 476
Brunskill Road 270
Buchholtz, Wayne 293
Budget
Departmental Budget Reviews 69, 70, 71, 90, 92, 93
Fiscal Year 2011 Budget Amendment No. 3 164, 192
Fiscal Year 2012 Budget Amendment No. 1 416, 447
Fiscal Year 2012 Budget and Capital Improvement Program 79
Fiscal Year 2012 Operating Budget and Five Year Capital Improvement Program 68
Fiscal Year 2012 Operating Budget for the Five Flags Center 202
Buesing & Associates 282, 381, 383, 468, 483, 504
Buffalo Wild Wings Grill & Bar 235
Bugalski, Richard 142
Building Code of Appeals Board
Membership 138
Building Services Department 90
Bulko, Sr. Charla 477
Bulldog Billiards 108, 109, 379
Bunker Hill Golf Course 41, 108, 143, 144, 232, 233
Bunker Hill Pumping Station Renovation 162
Burkart, Jennifer 467
Burlington /Trailways Bus Lines 6
Business License Applications 283
See also Liquor License Applications 283
C
Cable Community Teleprogramming Commission 259, 543
Minutes Submitted 7, 97, 137, 211, 258, 293, 426, 539
Cable Teleprogramming Commission
Minutes Submitted 497
Cable TV Division 69
Cafe Manna Java West 13, 14, 487
Caledonia Street 203
Cale- Finnegan, Patti 361
Callahan Construction, Inc 3, 167, 169, 231, 414
Callahan, Bill 116, 129
Callahan, Curt and LuAnn 426
Callahan, Joel 167, 169
Camp Albrecht Acres 379, 381
Caradco Building Project 6, 36, 142
Caradco Building, LLLP 76, 109, 142, 149, 314, 396, 485
Caradco Landlord, LLC 396, 485
Carlos O'Kelly's Mexican Restaurant 204, 461
Carnegie -Stout Public Library 92, 180, 199, 261, 317, 318, 351, 413, 561, See also Library Board of Trustees
Carner, Gary 83
Carr, William and Rebecca 177
Book 141 INDEX 475
Carroll, Carole 478
Cartegraph Software 142
Cartegraph Strategic Advisory Board 158
Carter Road 238
Casey's General Stores 220, 221, 234, 379, 380, 381, 432, 433, 461
Castaneda, Sheila 4, 21
Catfish Charlie's 183, 184
Catfish Creek 468
Catfish Creek Watershed 256, 425, 529
Catfish Creek Watershed Partnership 256
Catherine Street 458
Cawley, Edward 479
CCW, LLC 472
CDM (Interior Drainage Study) 41, 53
Cedar Cross Amoco 54, 55, 263, 264
Cedar Street 395
Center Grove Drive 562
Centers for Disease Control and Prevention (CDC) 283
Central Alternative School 144, 241
Central Avenue 159, 257, 271, 289, 297
Engine House #1 (1805) 56, 188, 238, 396
HMA Resurfacing Project 43, 112, 151, 159
Parking Ramp 77, 210, 471
Parking Restrictions 128, 514
Reconstruction Project 273
US 52 Traffic Flow Enhancement Project 453
Water Service Lateral Project (21st to 32nd Street) 99
Central Avenue Parking Ramp See Parking Division
Central Coast Hospitality 109
Central Parking Ramp 108, 263, 527
Certified Local Government (CLG) 74
CES II Properties, Inc 380, 472
Chalmers Field 293
Champps Americana 3, 379
Chances R Bar 379, 380
Chaney Road 165,194
Channel Inn Restaurant 472
Chaplain Schmitt Island 178
Charitable Donation of Land 539
Chavenelle, Gail 532, 554
Chavez, Rachel 156,177
Cheney, Richard 511, 533
Chicago, Central & Pacific Railroad Company 157
Childhood Lead Poisoning Prevention 523
Chili Cook Off 379
China, Changsha 477
Chopper's Ten Pin Tap 13, 143, 144
Christ, Martha 270, 286
Ciesielski, Kevin 212
Cigarette Permit Applications 162, 183, 234, 263, 283, 301, 461
Cingular Wireless 479
Circles Program 99, 497
Citizen Petitions 53, 271, 308, 385, 493, 511, 516, 526, 562
City Assessor 26, 74, 75, 273, 350, 407, 419
City Attorney's Office 69
City Channel 8 273, 396
City Clerk Compensation 466
City Clerk Recruitment Process 208, 345, 406
City Clerk's Office 69
476 INDEX Book 141
City Conference Board
Minutes Submitted 72, 137
City Council Appointments 211, 257
City Council Goal Setting 403, 404
City Council Meeting Schedule 563
City Development Board
DMASWA Annexation 76, 156, 216
City Hall Annex 259
City Hall HVAC System Improvement Project 153, 161, 200, 263, 463, 475, 513, 546
City Manager's Office 69
City Street Financing Report 426
Civic Center Advisory Commission
Membership 198, 435, 463
Minutes Submitted 516, 539
Civil Service Commission
Certified List for Assistant Horticulturalist 459
Certified List for Equipment Operator I 545
Certified List for Equipment Operator 11 459
Certified List for Inspector 11 545
Certified List for Laborer 294
Certified List for Landfill Equipment Operator 459
Certified List for Lead Public Safety Dispatcher 429
Certified List for Mechanic 429
Certified List for Medical Officer 218
Certified List for Parking System Technician 294
Certified List for Police Officer 429
Certified List for Sanitation Driver 429
Certified List for Scale Operator 218
Certified List for Serviceworker 259
Minutes Submitted 40, 137, 258, 293, 426, 453, 478
Civility Accord 68, 129
Clancy, Michael 53
Clark of Dubuque 12, 13, 234
Clark Petroleum, Inc. 549
Clarke Drive 216
Clarke University 10, 162, 163, 345, 379
Clayton, Kenneth M. 158
Clean Water Sate Revolving Fund 362
Climate Showcase Communities 197
Closed Sessions 6, 68, 90, 92, 93, 197, 291, 315, 423, 496, 538
Clubhouse, The 77, 78
Code of Ordinances - Supplement Adoptions 108, 230, 432, 522
Collective Bargaining 6, 64, 86, 177, 182, 229, 429, 461
Comiskey Park Recreational Center 273
Commerce Park 231
Commercial Flooring Co 413
Commercial Street 363
Community Development Advisory Commission
Membership 21, 58, 81
Minutes Submitted 7, 228, 345, 407, 516
Purchase of Services 537
Community Development Block Grant (CDBG) 6, 36, 76, 106, 142, 279, 282, 518
Community Development Block Grant (CDBG) Annual Action Plan 17, 92, 212, 343, 543
Community Economic Betterment Account (CEBA) 506
Community Fluoridation Reaffirmation Award 283
Community Foundation of Greater Dubuque 293, 299, 316, 391, 414, 479
Community Oriented Policing Services (COPS) 233
Complete Streets 41, 62, 169, 176
Comprehensive Annual Financial Report (CAFR) 52
Book 141 INDEX 477
Connected World Magazine 12
Connors, Jill 58, 81
Connors, Paula 270, 286, 561
Conrad, Ron and Sandra 410
Conrad, Ronald and Sandra 487
Consent Decree 130, 269, 288, 297, 312, 364, 369, 427, 493, 562
Consolidated Annual Performance and Evaluation Report (CAPER) 427
Consolidated Funding Application and Authorizing Resolution 220
Convention and Visitors Bureau 40, 211, 260, 464, 477
Cook, Terry 453
Cookin' Something Up 183, 507, 508
Corken, Christine 259
Cottingham & Butler Ins. Inc 298, 506
Coty, Michael 4, 21
Courtside Sports Bar & Grill 380
Creamer, Katherine 539
Creek Wood Drive 504
Creek Wood Park 420, 506
Crescent Community Health Center 238, 526
Creslanes Bowling, Inc. 265
Crime Free Multi- Housing Landlord Training Program 563
Crust Italian Kitchen & Bar 416
CueMasters Billiards 548
Curtis, Glenn 137
Cushing Street 493
D
Daack, Rachel K 178
DAMA Corp. 235, 472
Daoud, Charles 435
Daryl Bircher, DSD Properties 511
Davis, Nicolas 347
Davison, Judy 75
Days Inn & Spirits Bar & Grill 220, 221
DBQ, Inc. (Shot Tower Inn) 204
Deer Management Plan 182
DeGree, Jordan 477
Deininger, Heather 116
Delinquent Snow and Ice Removal and Garbage Collection Accounts 295
Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts 49, 213, 500
Demolition of Flood- Damaged Properties 505
DeMoss, Randall A 158
Denlinger, Norma 93
Denny's Lux Club 461
Department of Economic Development (IDED) 306
Department of Economic Development Administration 529
Department of Homeland Security 432, 471, 536
Detention Basin Maintenance Program 353
Diamond Jo Casino 234, 235, 263, 264, 317
Dickinson, Rick 62, 167, 239, 257, 272, 292
Dierks, Ryan 493
Digital Designs 283
Digital Flood Insurance Rate Map (DFIRM) 53, 291
Digital Flood Insurance Rate Maps (DFIRM) 41, 43
Disabled Parking Space Fine 66
Disaster Assistance Update 395
Distinguished Budget Presentation Award 478
District Bar, The 433
478 INDEX Book 141
Dittmer Recycling Inc 487
Dittmer Recycling, Inc 275
Dixon, James 206, 223
Dodds, Jim and Dorothy 160
Dodge Street Entertainment, LLC 3
Dog House Lounge 471,472
Dog Park 10
Dolan, Denise 311, 543
Dolan, Terry K. 460
Donavan, Patrick 279
Donovan, Inc 380
Dornbirn, Austria 211, 227
Double Shot Bar, The 507, 508
Downtown Eagle, Inc 285, 434
Downtown Housing Program 232
Downtown Rehabilitation Loan Program 75, 241
Drain Tile Project 2, 467, 518
Dregne, Eric 97, 292, 293, 316, 391
Drew Cook & Sons Excavating 2, 99, 159, 261, 412, 480
Drug Abuse Resistance Education (DARE) 503
Dubuque 2.0 97, 278, 292, 316
Dubuque Arboretum & Botanical Gardens 183, 184
Dubuque Area Chamber of Commerce 530
Dubuque Area Labor Management Council 260, 263, 264
Dubuque Art Center 461, 477
Dubuque Association for the Blind 452
Dubuque Audubon Society 506
Dubuque Bank & Trust 396, 527
Dubuque Barge & Fleeting Service Co. 195
Dubuque Bible Church 279
Dubuque Bowling Lanes 263, 265
Dubuque Casino Hotel 486
Dubuque Catfish Festival 183
Dubuque Community Ice & Recreation Center 380
Dubuque Community School District 218, 262, 345, 433, 471, 480, 503, 520, 537
Dubuque CommunityY 477
Dubuque County 11,311,320
Dubuque County and the Dubuque Soil and Water Conservation District (DSWCD) 256
Dubuque County Attorney's Office 259
Dubuque County Auditor 447
Dubuque County Board of Health 523
Dubuque County Cooperative Winter Maintenance Agreement 523
Dubuque County Elections Commission 263
Dubuque County Emergency Management Commission
Minutes Submitted 478
Dubuque County Emergency Medical Services Association 471
Dubuque County Empowerment Board 177
Dubuque County Fine Arts Society 203, 204, 379, 381, 415, 416
Dubuque County Historical Society 163, 220, 265, 415
Dubuque County Iowa State University Extension 320
Dubuque County REAP Plan 339
Dubuque County Regional Smart Plan 323
Dubuque County Treasurer 507
Dubuque Eagle's Club 324
Dubuque Eagles Club 109
Dubuque Golf & Country Club 142, 183, 184
Dubuque Hardwoods 181
Dubuque Industrial Center 17, 347
Economic Development District 17, 80, 115
Book 141 INDEX 479
Planned Unit Development District 286
Urban Renewal District 11
Dubuque Industrial Center North 53
Dubuque Industrial Center West 14, 58, 107, 205, 225, 267, 287, 300, 325, 389, 423
Dubuque Initiatives 36, 37, 56, 85, 116, 129, 186, 226, 238, 287, 396, 422, 478
Dubuque Jaycees 158, 220, 236, 263, 264, 285, 291, 293, 324, 379
Dubuque Levee and Floodwall Certification 7, 9, 140, 210
Dubuque Local Flood Protection Project Levee 99, 179, 210, 471
Dubuque Main Street 12, 177, 218, 260, 314, 477, 493
Dubuque Metropolitan Area Solid Waste Agency 76, 137, 156, 195, 216, 230, 275, 394, 405
Dubuque Metropolitan Area Transportation Agency 410
Dubuque Metropolitan Area Transportation Study (DMATS) 432
Dubuque Mining Co., The 234
Dubuque Moose Lodge # 355 184
Dubuque Packing Company Memorial 239
Dubuque Police Department 486
Dubuque Police Protective Association 458
Dubuque Professional Firefighters Association, Local #353 64, 65, 87
Dubuque Quick Stop Mart 302, 379, 380
Dubuque Racing Association 109, 285, 495, 527
Dubuque Regional Airport 11,92, 202, 327,361,385,434,460,464,486,546
Dubuque Religious Center, Inc. 4
Dubuque River Rides, Inc 417, 449
Dubuque Stamping & Manufacturing Company 361
Dubuque Symphony Orchestra 466
Dubuque Terminals, Inc 526
Dubuque Water Sports Club 232
Dubuque Works 167
Dubuque, Julien 360, 466
Dubuqueland Irish, Inc 284
Duggan, Jason 498,499
Dunwoody, Jack 211
DuPaco Community Credit Union 486
DuRide 281
Durrah, Marion 41
E
E.B. Lyons Interpretive Center 233, 339, 396, 505
E.C.I.A Business Growth, Inc 528
Eagle Country Market 180, 283, 285, 433, 434
Eagle Point Energy -1, LLC 304, 306, 337, 464
Eagle, Jonathan L. 462
Earned Income Tax Credit (EITC) 7
East 16th Street 481, 482
East 19th Street 55, 82, 122, 514
East 22nd Street 410, 454
East 24th Street 411
East 7d' Street 410, 520
East 811' Street 410
East 9d' Street 203
East Central Intergovernmental Association (ECIA) 38, 76, 306, 307, 337, 338, 410
East Dubuque Addition 201
East. 22nd Street 423
Eastern Iowa Excavating and Concrete, LLC 352
Easy Street Bar 142, 220, 221, 283, 284
Eco- Enginering Building Sustainable Cities 527
Economic Development (IDED) 281
Economic Development Department 93
480 INDEX Book 141
Economic Development Journal 158
EcoSmart Building, PC 54
Edmonds, Tom and Judy 160
Edward Byrne Memorial Assistance Grant 426
Edwards, James R. and Jo A. 503
Ehrlich, Rick 194
Eide Bailly, LLP 183, 263
Eighteenth Street 335, 393, 549
Eighth Street 343
Eisbach, Dorothy 272
El Paisano Grocery Store 13
Electrical Board of Appeals 450
Electrical Code Amendments 450
Electrical Code Board
Membership 206, 223
Minutes Submitted 177, 317
Eleventh Street 255
Elkins, Amanda 206, 223
Ellis, Ruth 218
Elm Street 104, 138, 180, 182, 190, 479, 507, 546
Emergency Communications 90
Emergency Management Division 90
Eminent Domain 171, 172, 480, 481, 482, 507
Empire Diesel 379
Encephalitis Monitoring 203
Enderson, George 285, 308
Engelken, Richard A. 350
Engine House No. 1 56, 85, 186, 238, 396
Engine House No. 1 Subdivision 157, 158
Engineering Department 70
English Mill Road 166
English Ridge Subdivision No. 2 240, 541
Engraved Gift Collection 13, 14, 530
Enterprise Zone Commission
Membership 129
Environmental Management Services of Iowa 487
Environmental Protection Agency (EPA) 73, 130, 158, 196, 197, 425, 427, 493, 528
Environmental Stewardship Advisory Commission 257, 263
Membership 463, 473, 479, 491, 510
Minutes Submitted 1, 137, 177, 228, 407, 539
Envision 2010 53, 136
Epic Construction 263
Equipment Operator I 407
Erickson, David 285
Erickson, David H. 380
Ethel Street 554
Eudaley, Amy 165, 190, 328, 384
Eudaley, Candace 38, 197
Europa House & Bierstube 472
EverGreen Real Estate Development Corporation 147
Every Child / Every Promise 86, 391, 479
F
Fagan, Aaron 258
Fagan's Shoe Repair 258
Faley Enterprises, Inc. (IWI) 14, 58
Faley Properties, LLC 14, 15, 58, 78, 114
Family Mart, Inc 234, 415, 416
Book 141 INDEX 481
Family Self- Sufficiency Program 423, 497, 514
Famolo of Iowa, Inc 380
Fareway Stores 162, 234
Farmer's Market 218
Fat Tuesday's 415, 416
Federal Emergency Management Agency (FEMA)....5, 41, 43, 53, 99, 179, 210, 216, 291, 323, 432, 471, 479, 505,
546
Federal Jobs Access Reverse Commute (ARC) 410
Federal Legislative Priorities 88
Federal Transit Administration (FTA) 279, 414
Feipel, Amy 293
Ferguson Group, The 343
Ferring, James 265
Festival of Trees 515
Field, Marilynne 198
Fiesta Cancun Mesican Restaurant 461
Fifteenth Street 395
Filimonenko, Larissa 4, 21
Final Plats 42, 157, 167, 240, 294, 320, 421, 428, 474, 493, 504, 541
Finance Department 92
Finley Hospital 293
Fire Department 90, 128
Fire Department Headquarters Roof Replacement Project 487
Fire Headquarters Expansion Project 527
Fire Hydrant Painting Project 79, 115, 116, 159
Fire Station Expansion 77
Fire Station No. 5 Roof Replacement 530
Firnstahl, Kevin 5 345, 452
First Congregational UCC 40, 137
First Northwestern Trust 486
First Years First Initiative 86
Fischer Lanes 234, 235
Fishnick, Todd 347
Fitzgibbon, Ian 452
Five Flags Center 71, 77, 202, 263, 265
Flexsteel Industries, Inc. 163, 164, 181, 191, 323, 324
Flood Hazard Overlay 437
Flora Park 409, 480
Flora Pool 220
Fluoridation 12, 283
Flynn Ready -Mix Concrete Co 541
Fonck, Carolyn K. 472
Foreman Position 228, 229
Forsythe, Christina 498, 499
Forty (40) Main, LLC 485
Foster Grandparent Program See Project Concern
Four Mounds Estate 361
Four Mounds Foundation 220, 321, 413
Fourth Ward Council Member Vacancy 88, 136, 152
Franklin Investments, LLC 83, 144, 165, 217, 241
Freddies Popcorn Co 508
Friendly Locust Mart 302, 461, 462
Friends of the Mines of Spain 2, 5, 202, 219, 293, 396, 478, 523
Fuerste, Carew Law Firm 211
Fundraising Car Washes 256
Future Talk 12
482 INDEX Book 141
G
G.M.S., Inc. (George Stephenson) 41
Gardener and Assistant Gardener Positions 228
Garfield Avenue 200, 230, 381, 418, 487
Garr, William and Rebecca 137
Garrison, Jordan 218
GASB -45 10
Gaul, Linda 345, 406
Gavilon Grain, LLC 323
Gay Pride Month 175
Geisler Brothers 351
General Election 507
General Obligation Bonds 184, 207, 268, 269, 288, 312, 342, 363, 407, 508, 534
General Obligation Urban Renewal Bonds 267, 287, 509, 534
Gerhard, Curtis 301, 380
Getting Ahead in a Just Getting By World 497
Giese Roofing 530
Giese, Tom 81
Giesen, Judy 93
Gillespie's Third Addition 429, 470
Gin Rickey's 77, 78
Ginter, Donna and Geneva 204
Glass Curbside Collection Policy 195
Gloss, Megan 479
GMRI, Inc 163
GNZ Properties, Inc 499
Golden Silo Award 182
Golm, Amy 345, 405
Google Transit 410
Goranson, Brian 230, 381, 418
Government Accounting Standards Board (GASB) 262
Government Finance Officers Association (GFOA) 414, 478
Grace Street 23
Graceland, LLC 194, 422
Grand Harbor Resort and Water Park 488
Grand River Center, The 6, 71, 232, 397, 404, 415, 471, 488, 489, 511, 527, 535
Grand Tap, The 433
Grant Writing 343
Grassley, Lee (Mediacom Communications Company) 161, 198, 218, 378, 407, 506, 524
Grassley, Lee (Mediacom Communications Company) 479
Grassley, Lee (Mediacom Communications Corporation) 283
Grassley, Senator Charles 106, 202
Grassley, Senator Charles. 160
Grayson Enterprises 265
Greater Downtown Urban Renewal District 18, 114, 145, 207, 242
Greater Dubuque Development Corporation 62, 167, 239, 257, 260
Green Acres Storage, LLC 558
Green Alley Permeable Pavers Project 303, 335, 392, 549
Green and Healthy Healthy Homes 76, 77, 97, 153, 198, 233, 414, 432, 523
Green and Healthy Homes 316
Green Dubuque 196, 227, 234, 278, 394, 476
Green Industrial Supply, Inc 325, 326, 389, 409, 522, 523
Green Iowa AmeriCorps Team 119
Green Vision Education 394, 405
Green, Seth 558
Greenhouse Gas Emissions 263, 278, 337, 394
Greenhouse Gas Reduction 476
Greenhouse Gas Reduction Task Force 227
Book 141 INDEX 483
Grew, Janet 7
Gronen Properties 396
Gronen Restoration, Inc 44
Gronen, Clay W 41
Ground Round Restaurant 144
Growing Sustainable Communities 195, 432, 476, 477
H
HiB Technical Skills Training 499
Habitat for Humanity 107, 383, 384, 419, 420
Haigh, Rich 72
Hallahan, Chad 473
Halloush, Ghassan 415
Halpert, Joel 274
Hammel, Dan 206, 223
Hammel, Julie 554
Hammer Time Bar 162, 163
Hammer, David 175, 270, 286
Hammer, Gus 272, 308
Hammer, Jeff 272
Hammerhead's Bar & Billiards 77, 283, 285
Hancock House Bed and Breakfast Inn 283, 284
Handan City, China 77
Hansen, Kurt 554
Hansen, Reverend Kurt 97
Happy Joe's Ice Cream & Pizza Parlor 472
Happy's Place 433
Harkin, Senator Tom 106, 552
Harris, Chuck 270, 286
Harris, Jenny Leigh 286
Harris, Sarah 167
Hartig Drug Company 3, 4, 54, 160, 162, 163, 236, 264
Hartzell, Craig 272
Harvest View Estates Sixth Addition 41, 42
Hayes, David 264
Hayes, Geraldine 279, 293
Hazard Mitigation Grant Program 536, 546
HD1 Subtenant, LLC 488
HDR Engineering 234
Health Alert Network (HAN) 409
Health Resources and Services Administration 526
Health Services 69
Healthy Homes See Green and Healthy Homes
Healthy Homes Initiative 76
HEART Program 257
Heartland Financial 83
HE -FR, Ltd. 78
Heiderscheit, Benjamin 317
Heidi's Home Baked Goods 258
Helping Our People Excel 299
Helping Services of Northeast Iowa 93, 260, 324
Henning, Mark 337
Henry, Brenda 453
Henschel, Thomas 270, 286
Hensen, Jason 278
Hernandez Corporation 488
Herrig, George 270, 286
Herrig, Joan 271
484 INDEX Book 141
Herrig, John 26, 203, 272
Herrig, William 271
Hertin, Judith 53
HESCO Flood Barriers 142
Hess, Jennifer 228
HIBA Petroleum (Clark of Dubuque) 12, 13
High Risk Youth Program 479
Hildago, Inc 235
Hill Street 503
Hill Street Plaza, Inc. 54
Hill, Paul and Helene 410
Hillard, Gary 58, 81
Hillcrest Family Services 1, 223, 224, 309, 310, 317, 409, 459, 480
Hills & Dales Senior Center 93
Hills and Dales 108, 322
Hilton Garden Inn 416, 433
Hingtgen, Kelly 207
Hirschy, Reverend Loren 211
Historic District Public Improvement Project (HDPIP) 361
Historic Federal Building 231, 552
Historic Millwork District 6, 53, 62, 116, 157, 255, 362, 429, 479, 493
Historic Preservation Commission 5, 210, 300, 361, 486, 549
1699 Iowa Street 456
Carnegie -Stout Public Library 561
Membership 183, 270, 285, 471
Minutes Submitted 1, 40, 97, 137, 156, 198, 293, 346, 453, 539
Historic Preservation Education Task Force
Minutes Submitted 7, 137, 258, 407, 453, 497, 539
Historic Resource Development Program (HRDP) 219, 220
Historic Shot Tower, The 452, 477
Historic White Water Creek Bridge 353, 549
Hitachi Corporation 527
HM Life 259
Holiday Inn Dubuque Five Flags 530
Holliday Drive 558
Holy Ghost Catholic Historic District 219, 300
Holy Ghost School and Convent Buildings 326
Holy Ghost Urban Renewal District 237, 308, 309, 327, 340, 341, 390
Holy Spirit Pastorate 197, 380
Homelessness Prevention and Rapid Re- Housing Program 428, 543
Honda, Erik 136
Honda, Susan 538
Honkamp Krueger Co 116
Horstman, Shirley 218
Hospice of Dubuque 478
Hotel Julien, The 283, 487, 488
Houlihan's Restaurant 415, 433
House of China 301
Housing and Community Development 92
Housing and Urban Development - Section 3 Plan 544
Housing Code 5, 26, 311
Housing Code Appeals Board
Membership 4, 21, 553
Minutes Submitted 40, 97, 228, 497
Housing Commission
Membership 165, 190, 328, 384
Minutes Submitted 40, 72, 156, 198, 228, 317, 453, 467, 497
Housing Enterprise Zone Program 217, 218, 281, 300, 485
Housing Trust Fund Committee
Book 141 INDEX 485
Membership 432
Minutes Submitted 426
Hoverman, Sr. Carol 286
Hoyt, Tyler 72, 99
Hub on Main, The 163
Hubanks, Michael 72
Huhot Mongolian Grill 472
Human Rights Commission 543
Membership 183, 206, 237, 270, 285, 308, 479, 491, 510, 532, 554
Minutes Submitted 7, 72, 156, 198, 211, 317, 426, 467
Human Rights Department 71
Huntley, Susan 284
Huseman, Michelle 513
Hy -Vee Food Stores 109, 234, 462, 530
Hy -Vee Gas 109, 234, 530, 548
Hy -Vee Wine & Spirits 234, 235, 236, 487
I Luv Food 264,265
IBC Sales Corporation (Continental Baking Co.) 200
Ibrico, Inc. 416
Ice Harbor 526
IIW Engineers & Surveyors, PC 13, 106, 116, 300, 415, 425, 427
I -JOBS I I 41, 465
Indiana Court 423
Indiana Subdivision 319, 320
Inflow and Infiltration Inspectors 493
Inflow and Infiltration Reduction 342
Information and Referral programs See Project Concern
Information Services Department 71
Innovations Consortium 278
Inocente Rubio 13
Instant Replay 303, 433, 548
Intelligent Technology Systems (ITS) 484
Intended Use Plan (IUP) 487
Intermodal Transportation Center 116, 227, 362, 514, 516
International Business Machines (IBM) 10, 194, 292, 314, 451, 478, 507
International City /County Managers Association (ICMA) 452
International CityCounty Managers Association (ICMA) 184
International Union of Operating Engineers Local No. 234 86, 429, 461
Interstate Power & Light Soil 487
Investment Oversight Advisory Commission
Membership 259, 270, 286, 479, 554
Minutes Submitted 40, 211, 346, 478
Quarterly Report 1, 41, 212, 407
Invocation
Bickel, Dr. Reverend Ken 40
Bickel, Reverend Nancy 137
Buol, Mayor Roy D. 156
Farrell, Carolyn, BVM 72
Golm, Amy 345
Hansen, Reverend Kurt 97
Hirschy, Reverend Loren 211
Kutsch, Reverend Eugene 426
LoBianco, Deacon Tim 466
Marshall, Pastor Peter 279
Mason, Major Tom 477, 497
Pacholoke, Chaplain Dave 293
486 INDEX Book 141
Peterson, PBVM, Joy Peterson 405
Pierce, Cindy 516
Rains, Pastor Rex 228
Rausche, Sr. Jennifer 177
Reverend Maria Wiblin 1
Sorenson, Pastor John 539
Wiblin, Reverend Maria 317
Young, Reverend Dr. Thomas 7
Zinkula, Father Tom 197
Iowa 32 and Asbury Road Turn Lane Improvements Project 352
Iowa 32 Geometric and Signalization Improvements 280
Iowa 32 Hike / Bike Trail 111, 112, 151, 480
Iowa Clean Air Attainment Program (ICAAP) 451
Iowa Commission on Volunteer Service 65, 227, 480
Iowa Communities Assurance Pool (ICAP) 480
Iowa Demonstration Fund 53
Iowa Department of Cultural Affairs 213
Iowa Department of Economic Development (IDED) .6, 10, 12, 36, 53, 73, 107, 181, 217, 300, 307, 323, 337, 338,
409
Iowa Department of Natural Resources 106, 342, 361, 393, 504
Iowa Department of Public Health 203, 409, 523
Iowa Department of Transportation 514
Iowa Department of Transportation (IDOT) 10, 11, 43, 72, 73, 99, 119, 136, 156, 179, 199, 220, 226, 255, 279,
455,457,479
Iowa Economic Development Authority (IEDA) 486, 536
Iowa Environmental Excellence Award 345
Iowa Finance Authority (IFA) 5, 38, 202, 314, 458, 465
Iowa Homeland Security & Emergency Management Agency 546
Iowa Initiative for Sustainable Communities Partnership 153
Iowa League of Cities 76, 452, 505
Iowa Mississippi River Parkway Commission
Report Submitted 461
Iowa Natural Heritage Foundation 396, 505
Iowa Natural Heritage Magazine 12
Iowa Office of Energy Independence 182
Iowa Risk Management 262
Iowa Smart Planning Bill 41
Iowa Street Market 234, 507, 508
Iowa Tourism Outstanding Elected Official 477
Iowa Values Fund (IVF) 107, 323, 522
Iowa Values Funds (IVF) 10
Iowa Workforce Development 129, 136, 466
Irish Hooley 283, 284
Irrevocable Licenses 410
Isaac, George 235
Isenhart, Representative Chuck 344
IWI Motor Parts (aka Faley Properties, LLC) 78, 114
1 &A Restaurants, LLC 284
1 & P O'Hara, Inc. 472
1.1. Kemp Place 503
J.P. Cullen & Sons Construction, Inc. 283, 379, 527
Jackson Street 157, 335, 393, 410, 469, 472, 492, 547, 549
Jackson, Miguel 491, 510
Jacobsmeier, Joseph 344, 537
James Madison, Inc 380
James Street 65
Book 141 INDEX 487
Janis, LLC 144
Jansen, Mike 425
leId -Wen, Inc. 54, 343, 410
Jenkins, Becky 7
Jennings, Mark 293, 317
Jiankui, Guo (ICMA Fellow) 184
Jianping, Ou (ICMA Fellow) 184
Jim Giese Commercial Roofing 420
Jochum, Jeffrey 4, 21
Jochum, Senator Pam 106
John F. Kennedy Road 165, 194, 238, 280
Johnansson, Peggy 345
Johnson, Adam 25
Johnson, Will 516, 526
Joliet Building Corp. 163
Jones, Clara 93
Jones, Kerri -Ann 198
Joniec, Walter 1, 7
Journal of Emergency Dispatch 108
Judge Real Estate 517
Jule Transit System, The 279, 433
Advertising 283
ARC Transfer Center 159
Color Selection 5
IDOT Grant 220
Infrastructure Grant 178
Intelligent Technology Systems (ITS) Equipment 484
Logs and Icons 38
Routing 495, 562
Terminal Hub 516
Julien's Journal 182
Jumper's Sports Bar 472
Jumpin' Jane's Indoor Party and Play Center 162, 487, 488
Junnie & Rich's Coin Partnership 201, 395, 507
Justice Assistance Grant (JAG) 300, 426
K
K9 Acquisition 65
Kabelis, Elizabeth 279
Kalmes Breaktime Bar & Grill 220, 221, 487
Kalmes Brothers, LLC 221
Kamp, Mary Lou 163
Kane, Brian 4, 26
Kaufman, Paula 178
Kaufmann Avenue 165, 221, 425, 493
HMA Resurfacing Project 221, 238, 289
Utilities Project 165, 194, 209
Kelly, John P 72
Kenkel, Dale 1 156
Kennedy, Edward M., Serve America Act 202
Kennedy, Marylin 517, 518
Kerper Boulevard 45, 320, 394
Kerper Court 305, 464
Key City Investment Company 4, 26
Keymont Drive 435
Keystone XL Pipeline 198
Keywest Conoco 203,204
King III, Thomas 1. 462, 474, 475
488 INDEX Book 141
Kinseth Hotel Corp 530
Kircher, Gary R 178
Kirpes, John (Pfohl's, Inc.) 160
KJWW, Inc 471
Klauer, Randall 113, 146
Klauer, Robert D. and Livija 182
Klavitter, David 1, 5, 197, 270, 285, 561
Klein, Kevin and Colleen 411
Klinge, Kenneth 270, 286
Klosterman, Ron 191
Klostermann, Wayne 463, 473, 491, 510
Kluck, Tom 272, 308, 385, 554
Kluck, Tom and Dave 554
Kluesner, Abby and Marty 317
Kluga, Kim 522
K -Mart Corporation 162, 163
Knepper Addition 504
Knicker's Saloon 301, 379, 380
Kniest Street 104, 234
Kniest Street Park 8
Knight Soul of the Community 2010 Report 76
Knight, Michael 471
Knight, Sandra 432
Knights of Columbus 163
Koelker, Glen 72
Kohinoor Grocers 263, 264
Kohl, James and Janet 433
Kohlmann, Cindy 136
Koltes, Heidi 258
Konichek, Daniel 293
Kresge Foundation 414
Kress, Ken 294, 471
Kretz, Larry 271
Krey, Mitzi 270, 285, 308, 384
Krieg, Steven A 178
Krolick, Bruce 274
Kutsch, Reverend Eugene 426
Kwik Star 234, 236, 433
Kwik Stop 143, 144, 263, 264, 301, 302, 379, 381, 487, 488, 507, 508, 548
Kwik Trip 204, 235, 236
KZ Investments, LLC 320
L
L & L Investment, Co 77
L. B. Metcalf, Inc. 55, 263, 264
L. May Restaurant 471, 472
L.B. Metcalf, Inc. 264
Lake Eleanor Road 156, 157
Lake Ridge Drive 362, 449
Lake Ridge Economic Development District 266, 267, 334, 335, 391, 392
Lampe, Lynn D. 539
Land and Water Conservation Fund (LWCF) Grant 105
Land Donations 274
Landesman, Rocco 407
Landfill Equipment Operator 229, 459, 460
Landis, Richard 4, 21
Landrieu, Mitch 476
Lange Sign Company 561
Book 141 INDEX 489
Larson, Jenny 478
Larson, Kelly 3, 71, 91
Las Margarita's Restaurant 379
Lassance, Paul 270, 286
Latham, Lisa 477
Lattner, Lorraine 426
Laurel Street 160, 175, 178
Lead Hazard Control 76, 77, 153, 198, 218, 432, 523
Lead Mechanic 229
Leader in Me Program 86
League of American Bicyclists 227
Lee, Phyllis 58, 81
Legionnaires Drum & Bugle Corps 263, 264
Legislative Correspondence 41, 106, 160
Leibfried Place 468
Leibfried, Dan and Bernadette 469
Leibold Trust, Darlene 270
Leibold, Thomas 271
Leicht, Emily Marie 41
Lenters, Mark 538
Leonard, Richard, FEMA Region VII 43
Leonard - Harrington, Janice A. 198
Let's Roll Tobacco 183, 263, 264
Leute, Carolyn 198
Levee Certification 53
Lewis, Nancy 93, 535
Liberty Station, LLC 235, 416
Liberty Subdivision 194, 421, 422
Library See Carnegie -Stout Public Library
Library Board of Trustees
Membership 270, 286
Minutes Submitted 1, 40, 97, 137, 467, 478, 539
Reports Submitted 212, 258, 317, 346, 426, 478, 498, 516
Lifetime Center 322
Lift Bar, The 183, 184, 379, 380
Lightcap, Joel 285, 308
Lightfoot, Kevin L. and Becky M 56, 82
Lindahl, Barry, City Attorney 6
Liquor License Applications 3, 77, 108, 143, 162, 183, 203, 220, 234, 263, 283, 301, 324, 379, 415, 433, 461, 471,
487, 507, 530, 548
Liquor License Refunds 379, 415, 433, 487
Liquor License Transfers 13, 142, 162, 220, 283, 301
List of Claims and Summary of Revenues 7, 41, 137, 156, 212, 293, 347, 453, 467, 478, 539
Livingston, Dana 12
LoBianco, Dan 177, 477, 493
LoBianco, Deacon Tim 466
Lochner, Don 272
Locust Street 75, 110, 151, 281
Loebach, Mike 197
Long John Silver's 486
Long Range Planning Advisory Commission 130, 230, 396
City Council Liaison 129
Complete Streets Policy 41
Membership 170, 208, 270, 286, 463, 473
Minutes Submitted 40, 97, 156, 198, 228, 293, 317, 407, 453, 539
Smart Planning Bill 41
Long Range Planning Commission 308, 334
Old Main Urban Revitalization 512
Loras College 163, 295, 461
490 INDEX Book 141
Lord of Life Lutheran Church 539
Lorenze, Dick 405
Los Aztecas III 234, 235
Los Aztecas Mexican Restaurant 380
Lot One, LLC 184
Lounge, The 3,4
Love, Phillip 4
Lower Bee Branch Creek Enhancement - Floating Island 490
Lower Bee Branch Creek Floating Island Enhancement 535
Lower Bee Branch Creek Floating Island Project 547
Lower Bee Branch Creek Overlook Project 534, 546
Lower Bee Branch Creek Restoration Project
Floating Island Enhancement 506
Hike /Bike Trail Rest Area 263
I -JOBS Funding 465
Overlooks Enhancement 491, 506
Trees Forever 2
Lucky 13 283, 285, 379, 380
Luedtke, Michael 223, 309
LuGrain, John 274
LuGrain, Lana 13, 144
Lyle Sumek and Associates 403, 404
Lynch, Gina 228
Lyons, David 41, 97, 292, 316, 477
M
Madison Street 455
Madison Street Retaining Wall 455, 484
Maiden Lane 524
Main Street 456, 531, 560
Main Street Iowa 13, 177
Maintenanceworker Position 407
Maloney, Pauline 270, 286
Mana Java World Cafe 433
Mandolin Inn, The 301
Mangeno, Angela 433
Manhole Replacement Project 412
Manhole Replacement Project 2011 261
Manna Java World Cafe 433
Manson Road 427, 505, 536
Manson Road Bridge and Watermain Emergency Repair 427
Maple Street 201, 295, 350, 480, 546
Maquoketa Drive 99, 179
Marco's Italian- American Food 163
Maria House 322
Mario's Italian Restaurant 13, 14
Mark Fondell Excavating, Inc 507
Marshall, Pastor Peter 279
Mason Dixon Saloon 263, 265
Master Consulting Services Agreement 41
Mathey - Apossan, Mamavi 98, 137
Mathias Ham House 202, 220
Maus, David A. and Sarah 1 454
Maylay Holdings, LLC 63
Mayor Pro -Tem 21
Mazzuchelli Heights 65
McAleece Park Recreation Complex 183
McCann's Service, Inc. 204, 264
Book 141 INDEX 491
McCarthy, Dan 478
McClenahan, Greg 362, 449
McCormick Street 23
McDermott Excavating 209
McDermott, Kim 482
McDermott, Larry 241, 293, 294, 471, 542, 543
McDonald, Dan 191, 389
McDonough, Larry 259
McElligott, Timothy 453
McFadden Family Partnership 82
McGraw -Hill Company 543
Mclntee, William 4, 21, 136, 152
McKay, Joanne 72
McLaughlin, Kayla 41
McNamara, Pat 4, 21
McNamer Acres #3 504
McNamer, Marty 274, 420, 504
Mechanic Position 429
Mechanical Board
Membership 58, 81
Minutes Submitted 7, 72
Mediacom Charitable Foundation
Membership 532, 554
Mediacom Communications Company 161, 198, 283, 378, 407, 428, 479, 506, 524
Melendez, Hiram 479
Memorial Benches 429
Mendadue, Rita 347
Mercy Housing, Inc. 427
Mergen, Tricia 228, 259
Meter Interface Units (MIU) 314
Metropolitan Coalition 182
Metz et al. vs. City of Dubuque 471
Michalski, Ann 21, 58, 92
MidAmerica Energy Company 320
Middle Road 294, 471, 493
Midwest Culturally Inclusive Conference 452
Midwest Irrigation, LLC 232
Mihm, Reverend Richard 190
Miller Riverview Park 158
Miller, Donald 467
Miller, Eric 4, 21, 52
Miller, Fred 554
Miller, Kenneth 219, 294, 431, 478, 499
Miller, Larry A. and Delbert G. 499
Miller, Michelle 432
Miller, Randy and Tina 177
Mindframe Multi Media LLC 12
Mindframe Theaters 144
Mines of Spain See Friends of the Mines of Spain
Mines of Spain State Recreational Area 182, 219, 339, 505, 543
Minnowa Construction, Inc. 60
Miron Construction Co., Inc 54, 234, 379, 415, 487
Mississippi River Water Quality Center 108
Mitchell, Barbara 300
Mitchell, Brenda 405, 511
Mohr, Dennis and Catherine 467
Molo Oil Company 109, 235, 488, 548
Monks Kaffee Pub 235
Moracco Restaurant, The 548
492 INDEX Book 141
Morales, Suzanne 271
Mormann, Anna 212
Morrison Bros. Company 298
Morton Salt International LLC 161
Morton Salt, Inc. 323
Move the MountainTM 99
Moyer, Todd 317
Mueller, Ronald 206, 223
Mulgrew Oil Company 162, 163, 234
Multicultural Family Center 12, 71, 404, 513
Multivista 499
Municipal Services Center 220, 464
Murph's South End Tap 263, 265, 433
Murphy Park 459
Murphy, Pamela 265
Murray, Peggy 129
Music N More Promotions 203, 204, 301
MWH America's, Inc. 54, 183, 320, 378
Mystique Casino 108, 109, 283, 285, 317
Mystique Community Ice Center 379, 380
N
Nadeau, Evelyn 270, 286
National ADA Coordinator Certification Program 3
National Association for Interpretation Region 5 203
National Association of Interpreters 294, 523
National Civic League 478
National Endowment for the Arts 161, 218, 407
National Flood Insurance Program 323, 432, 437, 438, 442, 479
National League of Cities (NLC) 76, 423, 515
National Mississippi River Museum and Aquarium 162, 163, 263, 264, 265, 301, 415, 466
National Mississippi River Trail (MRT) 262
National Park Service 74, 106, 231, 361
National Pollution Discharge Elimination System (NPDES) 256
National Register of Historic Places 138, 220, 300, 445
National Scenic Byways 261, 543
National Trust for Historic Places 478
Natural Gas Wireless Network Equipment License Agreement 43
Natural Resources and Sustainable Practices Specialist 228
Naughty Dog Coffee Bar & Deli 221
Neeble, Julie 116
Neighbor's Tap 162, 163
Neighborhood Watch Program 513
Neldaughter, Stacie 175
Nellis Management 486
Nelson, Ken 274
Nelson, Pat 274
Nelson, Ronald (Ken) 279
Nesler, Bob 452
Neuhaus, Paula 136
Neumann Monson Architects 227, 516
New Hope Lutheran Church 97
New Life Church 228, 258
Newt Marine Service 195
Ney, Jennifer 41
Niche Marketing Award 477
Ninth Street 128, 255, 547
Nishat, Taheea 264
Book 141 INDEX 493
Nobel, Mark 259
Noel, Joseph 6
Noonan's Tap 162,163
Norman, Rahkee 467,478
North Cascade Road 16, 60, 166
North Cascade Road Bridge Construction Project 16, 60, 73
North Cascade Road Developers, LLC 421
North End Neighborhood Association 41
North Grandview Avenue 8
North Grandview Avenue and Rosedale Avenue Emergency Storm Sewer Repair Project 8
North Grandview Estates 462
North Grandview Estates No. 2 412
North Westbrook Drive 231
Northeast Iowa Community College 3, 18, 19, 33, 81, 129, 146, 237, 267, 499
Northeast Iowa School of Music 322
Norther Iowa University (NIU) Crime and Poverty Study 69
Northouse, Russell 163
Northside Bar 77, 220, 221
Northwest Arterial Hike / Bike Trail 159
Norton, Terry 234
Notices of Finding of No Significant Impact on the Environment 142
Nottingham Properties, LLC 110, 111, 151
NPC International, Inc. (Pizza Hut) 13
0
O'Clock Industries, Inc. 264
O'Connor, Michael and Nickole 347
O'Connor, Nickola 407
Oak Park Place 98, 137
Oceans and International Environmental and Scientific Affairs 198
O'Connor &Thomas, P.C. 554
Off Minor 234, 235, 283, 284, 415
Oky Doky # 1 204, 235
Oky Doky # 2 204, 235
Oky Doky # 3 235
Oky Doky#8 54
Old Main Urban Revitalization Area 489, 511, 512
Old Military Road 544
Old Mill Road 468, 505, 536
Olde Main Cookery 220, 221
Olive Garden Restaurant 162, 163
Olympic Heights 429, 470
One Thousand (1000) Friends of Iowa 478
Opening Doors 93, 213, 260, 322
Operation New View Community Action Agency 7, 36, 93, 211, 260, 466, 537
Oppelt, Kelly 461
ORDINANCES
01 -11 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions Chapter 10 Sister City
Relationships Advisory Commission Section 2 -10 -5 Membership by increasing the membership to thirteen
members, and Section 2 -10 -6 Terms providing that five members are appointed for terms ending February
1,2014 20
02 -11 Amending Title 16 of the Code of Ordinances, Unified Development Code, by providing for the approval
of an amended Campus Development Plan for the University of Dubuque to allow construction of three (3)
residence halls on the south campus west of University Park Drive 22
03 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing
for the approval of an amended Campus Development Plan for the University of Dubu -que ID Institutional
District to allow construc -tion of a Performing Arts Center and associat -ed parking lot at the corner of
Bennett, McCormick and Grace Streets 24
494 INDEX Book 141
04 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 2981 Central Avenue from R -1 Single - Family
Residential District to OR Office Residential District 25
05 -11 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation, and Environment,
Chapter 6 Housing Regulations, Section 6 -6 -7 Licenses and Inspections requiring a property owner,
manager, or licensed real estate professional to participate in the crime free multi- housing program as a
condition of a license issuance or renewal for a rental dwelling operating license 26
06 -11 Amending the City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation, and
Environment, Chapter 6 Housing Regulations by adopting a new Section 6 -6 -11 Priority Category amending
Chapter 6 Housing Regulations by adopting a new Section 6 -6 -12 Procedure for Hearing Appeal of Priority
Category Status and amending Chapter 6 Housing Regulations by adopting a new Section 6 -6 -13 Inspection
of Properties Owned by Priority Category 27
07 -11 Amending the City of Dubuque Code of Ordinances by amending Title 14 (Buildings and Development)
and by amending Title 16 (Unified Development Code) extending the development moratorium for the
Southwest Arterial Corridor to July 1, 2012 32
08-11 Amending City of Dubuque Code of Ordinances Title 14 Building and Development by adding Chapter
13 Solar Thermal Licenses which requires a license in order to perform work on solar thermal systems 33
09 -11 Amending City of Dubuque Code of Ordinances Title 14 Building and Development by adding Chapter
14 Solar Thermal Systems requiring permits and inspections for work performed on solar thermal systems
and setting forth the standards for solar thermal systems 33
10 -11 Amending Section 9- 14- 321.602(c) of the Code of Ordinances of the City of Dubuque, Iowa, providing
for two -hour parking by deleting James Street, east side, from Mazzuchelli Heights to West 3rd Street 65
11 -11 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking,
Section 9 -14- 321.621 Parking Violations Fines by increasing the fine for disabled parking violations from
$100.00 to $200.00 66
12 -11 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation, and Environment,
Chapter 6 Housing Regulations, Section 6 -6 -7 Licenses and Inspections adding a provision which allows the
City Manager to waive the crime free multi- housing program requirement as a condition of a rental license
66
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 82
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 83
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 84
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 87
17 -11 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation, and Environment,
Chapter 4 Nuisances, Section 6 -4 -3 Public Nuisance Defined Public Nuisances Enumerated by adding a
provision prohibiting the creation of a clear and present danger to others and maintaining a disorderly
house 117
18-11 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicle and Traffic, Chapter 14 Parking,
Section 9 -14- 321 -666 by adding 7th Street north side from alley to Bluff Street, sections of Sth Street from
Iowa Street to Bluff Street and sections of Main Street from Sth Street to 9th Street to the meter district
119
19 -11 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicle and Traffic, Chapter 14 Parking,
Section 9 -14- 321 -602 Parking Violations by changing no parking areas on 7th Street between Locust Street
and Bluff Street, Sth Street between Iowa Street and Locust Street, 9th Street between Main Street and
Locust Street, and Main Street between Sth Street and 9th Street 119
20 -11 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicle and Traffic, Chapter 14 Parking,
Section 9 -14 -600. Parking Violations by amending this section to exempt meter district parking from
parking within 10 feet of a crosswalk or traffic control device 127
Book 141 INDEX 495
21 -11 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicle and Traffic, Chapter 14 Parking,
Section 9 -14- 321 -626 Parking Violations, by adding an additional area on the west side of Central Avenue
from 9th Street to the entrance of the ramp located at 975 Central 128
22 -11 Amending the Code of Ordinances of the City of Dubuque, Iowa, Section 13- 1C -1(a) Fixing water rates
for residential, commercial, industrial, and all other uses 133
23 -11 mending the City of Dubuque Code of Ordinances Section 13 -1C -2 Fixing water rates for fire sprinkler
service 133
24 -11 Amending the City of Dubuque Code of Ordinances Sections 13- 2C -3(B) and 13- 2C- 3(C)(7) Establishing
basic sewer rates for residential and commercial users by in- creasing the rates 133
25 -11 Amending the City of Dubuque Code of Ordinances Section 13- 4 -5(D) SFU Rate, Charges Utility
Revenues 133
26 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 515— 537 West 8th Street from C -4 Downtown
Commercial District to OC Office Commercial District 147
27 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing
for the amendment of Ordinances 8 -96 and 63 -97, which established regulations for Cedar Lake Plaza, a
Planned Unit Development with a Planned Commercial Designation, located at Cedar Cross Road and Lake
Ridge Drive and now being amended to allow housing for elderly or persons with disabilities as a permitted
use 147
28 -11 Amending City of Dubuque Code of Ordinances Title 7 Police, Fire, and Public Safety, Chapter 5 Offens-
es, by adopting a new Article D Parental Responsibility requiring the parent of a minor to exercise
reasonable control over the minor and establishing penalties for a violation thereof 154
29 -11 Amending the City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2
Liquor Control, Article B Liquor, Beer, and Wine Licenses and Permits by repealing Sections 4 -2B -15
Suspension and Revocation Generally, Grounds and 4 -2B -16 Suspension and Revocation, Specific Terms,
and adopting new Sections 4 -2B -15 Suspension and Revocation Generally; Grounds and 4 -2B -16
Suspension and Revocation 172
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 Resi - dential District 190
31 -11 Amending City of Dubuque Code of Ordinances Title 15 Planning and Zoning, Chapter 2 Long Range
Planning Advisory Commission, Section 15 -2 -1 Providing for the composition of the Long Range Planning
Advisory Commission by eliminating a Member of the City Council on the Commission 209
32 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, rescinding
Ordinances 41 -92, 55 -00, 18 -03 and 08 -09 and approving an amended Campus Development Plan for
Hillcrest Family Services ID Institutional District for a new chapel, gymnasium and classroom building223
33 -11 Amending Ordinance Nos. 51 -10, 64 -97 and 43 -94, each as previously amended, providing that general
property taxes levied and collected each year on all property located within the Greater Downtown Urban
Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the
State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing
districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and
indebtedness, including bonds issued or to be issued, incurred by said City in connection with the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. 242
34 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying thereinafter described property located at 1987 Washington Street from C -2 Neigh - borhood
Shopping Center District to C -4 Downtown Commercial District 271
35 -11 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste, Article A
City or Private Collection Service, Section 13 -6A -6 Rates and Charges Established, Exceptions 275
36 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, amending
Ordinance 32 -11, approving an amended Campus Development Plan for Hillcrest Family Services
Institutional District for a new chapel 309
37 -11 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation, and Environment,
Chapter 6 Housing Regulations, Section 6 -6 -11 Habitual Violator by removing the provision relating to
violations of other codes and changing the title 311
38 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by repealing
Chapter 8, Elections, and adopting in lieu thereof a new Chapter 8, Elections, establishing boundaries for
four (4) wards and twenty (20) precincts 328
39 -11 Providing that general property taxes levied and collected each year on all property located within the
Holy Ghost Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and for
496 INDEX Book 141
the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School
District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans,
monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in
connection with the Holy Ghost Urban Renewal District Redevelopment Project 340
40 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 1845 Washington Street from C -2 Neighborhood
Shopping Center District and R -2a Alternate Two - Family Residential District to C -4 Downtown Commercial
District 385
41 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing
for the amendment of Ordinance 36 -09, which established regulations for a Planned Unit Development
with a Planned Residential Designation, located north of the University Avenue and Ethel Street
intersection, and now being amended to allow three additional apartment units and enlarging the club
house building 386
42 -11 Providing that general property taxes levied and collected each year on all property located within the
Lake Ridge Economic Development District of the City of Dubuque, County of Dubuque, State of Iowa, by
and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School
District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans,
monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in
connection with the Lake Ridge Economic Development District Redevelopment Project 391
43 -11 Amending Title 1 of the City of Dubuque Code of Ordinances, by repealing Chapter 8, Elections, Wards
and Precincts, and adopting in lieu thereof a new Chapter 8, Elections, Wards and Precincts, Establishing
Boundaries for Four (4) Wards and Twenty (20) Precincts 397
44 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located in the 3400 block of Keymont Drive from R -2 Two -
Family Residential District to R -3 Moderate Density Multi - Family Residential District 435
45 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, rescinding
Ordinance 66 -95, and approving an amended Campus Development Plan for Padre Pio Health Care Center
Institutional District for a new four -story nursing addition and a one -story therapy addition 436
46 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by repealing
Section 6 -4 Flood Hazard Overlay District and enacting a new Section 6 -4 Flood Hazard Overlay District to
comply with National Flood Insurance Program Requirements 437
47 -11 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building
Codes, Section 14 -1D -2 National Electrical Code Amendments by removing replacement, installation, and
alteration from activities allowed as routine maintenance and performed by a maintenance electrician and
by removing Section 83 -8 Bonding, Article 250.104(B) Other Metal Piping, and Article 250.104(E) Gas Piping
System Bonding re- quirement 450
48 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 901 Rhomberg Avenue from C -1 Neighborhood
Commercial District to C -2 Neighborhood Shopping Center District 473
49 -11 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and
Services, Article B Water Meters, Sections 13 -1B -1 to 1301B -11 by incorporating the regulation of
Unmeasured Flow Reducer Devices and clarifying the property owner's responsibility for the care of the
water meter assembly 493
50 -11 Amending the existing Old Main Urban Revitalization Area Plan pursuant to Chapter 404 of the Code of
Iowa 512
51 -11 Amending section 9- 14- 321.602(C) of the Code of Ordinances of the City of Dubuque, Iowa, providing
for two -hour parking by deleting certain portions of Central Avenue 514
52 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code by
reclassifying hereinafter described property located at 2155 Rockdale Road from R -3 Moderate Density
Multi - Family Residential District to C -3 General Commercial District with conditions 533
53 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
Rescinding Ordinances 36 -09 And 41 -11, Which Established Regulations for a Planned Unit Development
with a Planned Residential Designation, Located North of the University Avenue and Ethel Street
Intersection, and Now Being Amended to Allow Adding Decks to the Common Building 554
54 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
rescinding Ordinances 15 -99 and 03 -02, which established regulations for a Planned Unit Development
with a Planned Commercial Designation, located at the southwest corner of the Northwest Arterial and
Asbury Road and adopting a revised ordinance allowing Mini - Warehousing as a Permitted Use and
amending the maximum building height 558
Book 141 INDEX 497
55 -11 Amending Ordinance No. 55 -10 which created the Safe Community Advisory Committee by extending
the sunset of the Committee and the terms of the members from December 31, 2011 to December 12,
2012 561
56 -11 Amending City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6 Mayor and City
Council Article A Rules and Procedure Section 1 -6a -3 Types of Meetings by Specifying City Holidays 563
Our Town Grant 407, See National Endowment for the Arts
Ourston Roundabouts Engineering, Inc 538
P
P.M.S.T. Inc. 433
Pacholke, Chaplain Dave 293
Padre Pio Healthcare Center 435
Paisley, Jack 197
Panchero's Mexican Grill 108, 109, 415
Paradiso, Cindy 279
Paragon Square 25, 103, 189, 190, 199, 237, 238, 300, 326, 327, 341, 389, 390
Park and Recreation Advisory Commission
Creek Wood Park 421
Membership 259, 270, 286
Minutes Submitted 7, 40, 97, 177, 258, 426, 498
Parker, Tammy 458
Parking Division 94
Central Avenue Parking Amendment 514
Central Avenue Parking Ramp 54, 210, 283, 379, 471, 477, 526, 529
Disabled Parking Space Fine 66
Fifth Street Parking Ramp 182
Iowa Street Parking Ramp 220, 234
Operating Protocol for Unreserved Parking Ramps 210
Parking Meter District 119
Parking Restrictions 127, 128
Port of Dubuque Parking Facility See Port of Dubuque
Parks Division 71
Paro Food Mart 143, 144, 235
Passenger Rail Service 136
Paul's Tavern 263, 265
Pauley, Susanne 137
Payton Street 480
Peavey Company 323
Pebble Creek Drive 231
Peck, William 177
PEG Capital Grant Expenditure Requests 259, 295, 428, 543
Pegasus Properties 25
Peninsula Gaming, LLC 10
Peoples Natural Gas 320
Pepper Sprout Restaurant 530
Perry, Jessica 228
PetData, Inc. 524
Petitions to Vacate
1900 Block of Garfield Avenue 230, 381, 418
University of Dubuque 236, 272
Pfab, Gary 136
Pfeiffer, Raymond 472, 492
Pfohl's Inc. 160
Phillips 66 /Arby's 235, 416
Phillips, Betty 4, 21
Phillips, Michael 156
Phohl, Kevin 223
Pierce, Cindy 516
498 INDEX Book 141
Pine Street 180
Pine View Subdivision 428
Pioneer's Rest Stop 235, 263, 264
Pizza Hut 13
PJ's Tap 1
Planned Residential District 272, 308, 385
Planning Services Department 93
Plastic Center, Inc. 15, 58, 110, 235, 460
Platinum Holdings, LLC 488, 527
Platinum Hospitality Group 71, 415
Plats of Survey 9, 10, 199, 200, 281, 429, 467, 468, 469, 470, 483, 503, 504, 544
Player's Sports Bar 77
Plaza 20 BP /Amoco 235, 379, 381, 507, 508
Plaza Drive 480
Plumbing Code Board
Membership 473, 492
Police Department 90
Police Officer Position 429
Pooler, Tonna 342
Port of Dubuque
Dubuque Hardwoods 181
Flexsteel Industries, Inc. 163, 191
Marina Project 36, 113, 152, 159, 195, 265, 287, 393, 484
Parking Facility 433
Parking Facility 92, 268, 287, 313
Watermain Connection 547
Portzen Construction, Inc. 62, 280, 394, 453, 547
Powers, Jeff 279
Pregler, Walt 36, 279
Preliminary Plats 194
Prince Street 522
Proclamations 405
9 -11 Memorial Day (September 11, 2011) 405
Apples for Students Months (June /July 2011) 228
ARC Corporate Community Games Day (June 9, 2011) 228
Arts and Humanities Month (October 2011) 453
Bank on Dubuque Month (July 2011) 293
Bike to Work Week (May 16 -20, 2011) 197
Community Development Block Grant Week (April 25 -30, 2011) 177
Crop Walk Day (October 2, 2011) 426
Day of Peace and Cease Fire (September 21, 2011) 405
Dubuque Make -a- Difference Day (October 22, 2011) 466
Dump- the -Pump Day (June 16, 2011) 228
Earned Income Tax Credit (EITC) Aware -ness Day (January 29, 2011) 7
Fair Week (July 26 -31, 2011) 293
Gay Pride Month (June 2011) 228
Juneteenth Day (June 19, 2011) 228
Kids to Parks Day (May 21, 2011) 211
Kinderpalooza Day (September 8, 2011) 345
Make a Will Month (October 2011) 453
Month /Week of the Young Child (April 10 -16, 2011) 177
National Train Day (May 7, 2011) 197
Public Health Week (April 4 -10, 2011) 156
Responsible Gaming Education Week (August 1 -5, 2011) 317
Shriners Hospitals for Children Day (Sep - tember 25, 2011) 405
Trick -or -Treat Night (October 31, 2011) 453
United Way Campaign Time 317
Veterans' Appreciation Month (November 2011) 466
White Cane Safety Day (October 15, 2011) 452
Book 141 INDEX 499
Project Concern 535
Child Care Referral 93, 322
Foster Grandparent Program 93, 260
Information and Referral Programs 93
Project H.O.P.E 299
Property Acquisition
2113 Kniest Street 104
2117 Kniest Street 105
2275 Elm Street (Schmitz) 138
2349 -2350 Elm Street 104
Property Acquisition of Excess County Parcels 507
Property Assessment Appeal Board 350, 407
Proudly Accessible Dubuque 93, 260, 524
Prudential Insurance Company 544
PTC,LLC 180
Public Administration Review 479
Public Entity Risk Services of Iowa 1, 7, 41, 72, 99, 137, 156, 177, 198, 212, 228, 259, 279, 293, 317, 347, 407,
426, 453, 467, 478, 499, 517, 539
Public Financial Management, Inc. (PFM Group, Inc.) 378
Public Safety Dispatchers 429
Public Transit Infrastructure Grant (PTIG) Program 178
Public Works Department 70
Puff n Snuff 235, 548, 549
Pump Room Roof Replacement Project 324, 388, 420
Purchase of Property
1104 Riverview Drive 209
1502 Maple Street 201, 350
1753 Washington Street 198
2109 Kniest Street 179
2239 Prince Street 522
2263 Elm Street 182
2410 Washington Street 482
2420 Washington Street 520
2422 Washington Street 411
316 East 24th Street 411
375 East 9th Street 203
507 Garfield Avenue 200
508 E. 16th Street 481
511 E. 22nd Street 454
513 East 22nd Street 410
515 East 22nd Street 410
517 East 22nd Street 423
540 E. 16th Street 482
Center Grove Drive 562
East Dubuque Addition (Junnie & Rich's Coin Partnership) 201
Junie & Rich's Coin Partnership 507
Purchase of Service Agreements 320, 321
Budget Process 476
Budget Requests 93, 260, 322
Suvey of Iowa Cities 537
Purchase of Services Public Input 537
Purina Drive 13, 531, 532
Pusateri's Italian Restaurant 7, 54
Putnam, RickJ 72
Q
Quann, Brendan 467
Quarterly Investment Report 53, 213, 378, 485
500 INDEX Book 141
Quibby, LLC 281
Quinton, Jennifer 345, 406
R
R & S Realty, LLC 361
R Future, Inc 109, 235, 381, 508
R &R Visuals 234
R2K Entertainment 488
Radio Dubuque 291,293
Rahe, Keith 40, 93, 464
Rainbo Oil Company 144, 204, 264, 301, 302, 379, 381, 488, 508
Rainbow Lounge 234, 235, 471, 472
Rains, Pastor Rex 228, 258
RAL Investment Co., LLC 284
RAM 433
Rapp, Joseph 285, 286
Rauen Properties 270
Rauen, Tom 270, 271
Rausch, Sr. Jennifer 177
Ravada, Chandra 136
Raymond Place 524
Raysan Corp 508
Reck, Trisha 478
Recreation Division 71
Red Robin America's Gourmet Burgers & Spirits 415
Red Robin America's Gourmet Burgers & Spirits 415
Reddick, Les V 158
Redistricting Plan for City Wards and Precincts 285, 311, 328, 397
Regional Transit Authority (RTA) 410, 487
Reiss, Elaine 223
Release of Easements 4, 26
Remke, Craig 558
Rental License Requirement 66
Rental Services, Inc 195
Request for Proposals
Annual Auditing Services 75
Biosolids Managment Program 63
Dubuque Industrial Center West —South Siegert Farm Addition 107
Request to Rezone
2505 Elm Street 190
Requests for Proposal
Automated Red Light and Speed Enforcement Cameras 513
Dubuque Marina Facilities Management 484
Jule Intelligent Technology Systems 484
Public Safety Software 320
Water & Resource Recovery Center Camera Documentation 414
Requests for Proposals
ARC Transfer Center Phase I 159
City Hall Cooling Upgrade Design 200
Grand River Center Electric Smart Meters Design 232
Intermodal Transportation Center 116
Requests to Amend
2005 Asbury Road 223
Requests to Rezone
1845 Washington Street 385
1987 Washington Street 271
2155 Rockdale Road 532
2155 Rockdale Road (Sack) 511
Book 141 INDEX 501
2763 University Avenue 554
2981 Central Avenue
Request to Rezone 2981 25
3051 Brunskill Road 270
3087 Central Avenue 271,289,297
3400 Block of Keymont Drive 435
3485 Wiindsor Avenue 435
39 Bluff Street (Carner) 83
901 Rhomberg Avenue 473
Bedrock Development, LLC 82
West 8th Street (Frost) 146
Requests to Vacate
1900 Block of Garfield Avenue 230, 381, 418
University of Dubuque 236, 272
RESOLUTIONS
001 -11 Approving the acquisition of real estate owned by PJ's Tap, LLC in the City of Dubuque 1
002 -11 Accepting the 2010 Drain Tile Project and authorizing payment of the contract amount to the
contractor 2
003 -11 Support of Trees Forever Application for funding for the Bee Branch Creek Restoration Project 2
004 -11 Beer Permits, January 3, 2012 3
005 -11 Liquor Licenses January 3, 2012 3
006 -11 Resolution of intent to dispose of City interest in Easement B and Easement D in Lot 1 and Lot 1A of
Yiannias Place in the City of Dubuque, Dubuque County, Iowa 4
007 -11 Accepting the Asbury and IA 32 Traffic Signal / Grading Project and authorizing payment of the
contract amount to the contractor 7
008 -11 Accepting the North Grandview Avenue and Rosedale Avenue Emergency Storm Sewer Repair Project
and authorizing payment of the contract amount to the contractor 8
009 -11 Approving the Plat of Survey of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Arthofer's Skyline Addition 9
010 -11 Approving an Iowa Values Fund Financial Assistance Contract by and among the Iowa Department of
Economic Development, the City of Dubuque and Peninsula Gaming, LLC 10
011 -11 Approving an agreement between the City of Dubuque, Iowa, and Dubuque County, Iowa to amend
the Dubuque Industrial Center Urban Renewal District to include certain property located in Dubuque
County, Iowa 11
012 -11 Endorsing the submission of a Revitalize Iowa's Sound Economy (RISE) application to the Iowa
Department of Transportation for the construction of road west from Highway 61 to access lots in the
Dubuque Regional Airport Industrial Park 11
013 -11 of Support and financial commitment for the Main Street Program in Dubuque, Iowa 12
014 -11 Beer Permits, January 18, 2011 13
015 -11 Liquor Licenses, January 18, 2011 13
016 -11 Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing
of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment
Revenue Obligations and the execution of a Development Agreement relating thereto with Faley
Properties, LLC and Faley Enterprises, Inc., and providing for the publication of notice thereof 14
017 -11 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa, on the proposed
issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development
Agreement relating thereto with Plastic Center, Inc., and providing for the publication of notice thereof15
018 -11 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of
public hearing and ordering bids for the North Cascade Road Bridge Project 16
019 -11 Setting a public hearing on the Fiscal Year 2012 (Program Year 2011) Community Development Block
Grant (CDBG) Annual Action Plan 17
020 -11 Resolution of Necessity finding that certain areas adjacent to the Dubuque Indus -trial 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 17
021 -11 Resolution of Necessity finding that certain areas adjacent to the Greater Downtown Urban Renewal
District meet the definition of a blighted area under the Urban Renewal Law, and that development of said
area is necessary in the interest of the resi -dents of the City of Dubuque, Iowa 18
022 -11 Disposing of City interest in Easement "B" and Easement "D" in Lot 1 and Lot 1A of Yiannias Place in
the City of Dubuque, Dubuque County, Iowa 26
502 INDEX Book 141
023 -11 Authorizing the execution of a Community Development Block Grant (CDBG) Housing Disaster
Recovery Fund Contract between the Iowa Department of Economic Development and the City of
Dubuque on behalf of the Caradco Building Project 36
024 -11 Approving Guaranty Agreement and First Amendment to the Guaranty Agreement, each between the
City of Dubuque and Dubuque Bank &Trust Company 37
025 -11 Approving and authorizing amendments to Loan and Disbursement Agreements by and between the
city of Dubuque, Iowa, and the Iowa Finance Authority 38
026 -11 Authorizing the re- approval of the final plat of Harvest View Estates Sixth Addition in the City of
Dubuque, Iowa 41
027 -11 Approving the Iowa Department of Transportation Cooperative Agreement for Primary Road Project
(Agreement No. 2011 -16 -079) for the Central Avenue HMA Resurfacing with Milling Project, from 21st to
32nd Street 43
028-11 Accepting the building deconstruction associated with the Bee Branch Creek Restoration Project, Bid
Groups 1, 2, 4, 6, 12, and 13, and authorizing the payment of the contract amount to the contractor 44
029 -11 Accepting the building deconstruction associated with the Bee Branch Creek Resto- ration Project, Bid
Groups 3, 5, S, 9, 10, 11, 14 and 15, and authorizing the payment of the contract amount to the contractor
44
030 -11 Accepting the building deconstruction associated with the Bee Branch Creek Restoration Project, Bid
Group 7, and authorizing the payment of the contract amount to the contractor 44
031 -11 Approving the final plat of Lot 1 and Lot A of Bee Branch Subdivision No. 2 in the City of Dubuque,
Dubuque County, Iowa 45
032 -11 Authorizing the City to collect delinquent vacant and abandoned building and problem property
charges in accordance with Title 6- 6 -3B1h, Title 16 -6 -4B3 and Title 6 -6B of the Code of Ordinances of the
City of Dubuque, Iowa 46
033 -11 Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in
accordance with Title 6- 6 -3C2o, Title 6 -6 -4B3 and Title 6 -6B of the Code of Ordinances of the City of
Dubuque, Iowa 47
034 -11 Adopting the Schedule of Assessments for delinquent water, refuse, sewer and storm water collection
accounts and directing the Clerk to certify the schedule of assessments to the County Treasurer and to
publish notice thereof 49
035 -11 Adopting the Third Amended and Restated Declaration of Covenants, Conditions, Restrictions,
Reservations, Easements, Liens and Charges with respect to Dubuque Industrial Center North First Addition
53
036 -11 Beer Permits, February 7, 2011 54
037 -11 Liquor Licenses, February 7, 2011 54
038-11 Resolution of intent to dispose of City -owned property, specifically, North % of Lot 97, except the
West 57'6" thereof, in East Dubuque Addition in the City of Dubuque, Iowa according to the recorded plat
thereof —346 East 19th Street 55
039 -11 Resolution to set hearing on disposal of interest in real property to Engine House #1 56
040 -11 Approving a Development Agreement providing for the sale of 8.369 acres in the Dubuque Industrial
Center West to Faley Properties, LLC and Faley Enterprises, Inc 58
041 -11 Approving a Development Agreement with Plastic Center, Inc. for the property locat -ed at 426 West
5th Street and 951, 955 and 957 Main Street 59
042 -11 Approval of plans, specifications, form of contract, and estimated cost for the North Cascade Road
Bridge Project 60
043 -11 Awarding public improvement contract for the North Cascade Road Bridge Construction Project 60
044 -11 Approving an Assignment of Rights in Purchase Agreement for property in the Historic Millwork
District, commonly referred to as the Alamo Site, to Rouse and Dean Foundry, LLC 62
045 -11 Awarding public improvement contract for the Historic Millwork District Complete Streets Project 62
046 -11 Approving and supporting the Value Engineering recommendations for the final design phase of the
Southwest Arterial 63
047 -11 Approving the First Amendment to the Malay Holdings, LLC and Vanguard Countertops, Inc.,
Development Agreement 63
048-11 Approving the agreement between the City of Dubuque, Iowa and the Teamsters Local Union No. 120
and authorizing the Mayor to sign the agreement 64
049 -11 Approving the agreement between the City of Dubuque, Iowa, and the Dubuque Professional
Firefighters Association, Local #353, and authorizing the Mayor to sign the agreement 64
Book 141 INDEX 503
050 -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 72
051 -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) 73
052 -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 74
053 -11 Authorizing a Letter of Commitment and additional actions concerning a Downtown Rehabilitation
Loan, Facade Grant, Design Grant and Financial Consultant Grant to Judy Davison 75
054 -11 Approving the contract for 2010 CDBG Grant Administration to East Central Intergovernmental
Association 76
055 -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 De- velopment 76
056 -11 Beer - Liquor Licenses, February 22, 2011 77
057 -11 Intent to dispose of a sanitary 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 publica -tion of
notice thereof 78
058 -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 79
059 -11 Setting the date for the public hearing on the Fiscal Year 2012 Budget for the City of Dubuque 79
060 -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 79
061 -11 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 No. 20 -11 80
062 -11 Approving the sale of real estate located at 346 East 19th Street in the City of Dubuque 82
063 -11 Rescinding Resolution No. 39 -11 to hold a public hearing regarding a lease with Engine House #1 MT,
LLC 85
064 -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 86
065 -11 Approving Wage Plan and Compensa -tion Package for non - bargaining unit employ -ees for Fiscal Years
2012, 2013 and 2014 86
066 -11 Resolution of Intent to fill a vacancy in the office of Fourth Ward City Council Mem -ber by
appointment 88
067 -11 Setting a public hearing on the intent to acquire or condemn if necessary property for the Southwest
Arterial Project 95
068 -11 Approving the Iowa Department of Transportation Federal Aid Agreement for a Surface
Transportation Program Project (Agreement No. 6 -10- STPU -02) between the Iowa Department of
Transportation and the City of Dubuque for the US 61/151 Corridor Project 99
069 -11 Accepting the Central Avenue Water Service Lateral Project and authorizing payment of the contract
amount to the contractor 100
070 -11 Adopting the final assessment schedule for the Central Avenue Water Ser -vice Lateral Project (21st to
32nd Street) 100
071 -11 Approving the acquisition of real estate owned by Jerry A. Spiegelhalter in the City of Dubuque 104
072 -11 Approving the acquisition of real estate owned by Lloyd P. Schmitt and Joann L. Schmitt in the City of
Dubuque 104
073 -11 Approving the acquisition of real estate owned by Robert F. Atkinson and Brenda L. Atkinson in the
City of Dubuque 105
074 -11 Approving the acquisition of real estate owned by Robert F. Atkinson and Brenda L. Atkinson in the
City of Dubuque 105
075 -11 Approving an Iowa Values Fund Financial Assistance Contract by and among the Iowa Department of
Economic Development, the City of Dubuque, and Sedgwick Claims Management Services, Inc 107
076 -11 Approving a partial release of mort -gage for River Valley Nursery and Land - scape, Inc 107
077 -11 Adopting Supplement No. 4 to the Code of Ordinances 108
078 -11 Beer Permits, March 7, 2011 108
504 INDEX Book 141
079 -11 Beer - Liquor Licenses, March 7, 2011 108
080 -11 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa, on the proposed
issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development
Agreement relating thereto with CARADCO Building, LLLP, and providing for the publication of notice
thereof 109
081 -11 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa, on the proposed
issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development
Agreement relating thereto with Nottingham Properties, LLC, and providing for the publication of notice
thereof 110
082 -11 Preliminary approval of plans, 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 for 111
083 -11 Preliminary approval of plans, 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 for the Central Avenue HMA Resurfacing Project from 21st to 32nd Street 112
084 -11 Preliminary approval of plans, 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 for the Port of Dubuque Marina Dock System and Utilities Project — Bid Package #1
113
085 -11 Approving the disposal of a sanitary sewer easement in the Dubuque Industrial Center North First
Addition to Faley Properties, LLC, and Faley Enterprises, Inc 114
086 -11 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District 114
087 -11 Approving the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District 115
088 -11 Approval of the plans and specifications, form of contract, and estimated cost for the Fire Hydrant
Painting Project 115
089 -11 Adopting Annual Budget for the Fiscal Year ending June 30, 2012 130
090 -11 Adopting Five Year Capital Improvement Program Budget for Fiscal Years 2012 —2016 130
091 -11 Adopting the Program Year 2011 (Fiscal Year 2012) Community Development Block Grant (CDBG)
Annual Plan 131
092 -11 Adopting the Five Year Street Program 131
093 -11 Approving the acquisition of real estate owned by Todd H. Schmitz 138
094 -11 Adopting the final assessment schedule for the Snow Removal Assessment — Right -of -Way
Obstruction Removal Assessment 139
095 -11 Authorizing Request for Release of Funds and Certification for Iowa Community Development Block
Grant (CDBG) Housing Disaster Recovery Funds for the Caradco Building Project 142
096 -11 Granting the issuance of a Class C Beer Permit to Kwik Stop C -Store and Paro Food Mart 143
097 -11 Granting the issuance of a Class C Beer /Liquor License to Salsa's Mexican Restaurant, Ground Round
Restaurant, Bunker Hill Golf Course, Chopper's, and the Yardarm Restaurant 143
098 -11 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa, on the proposed
issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development
Agreement relating thereto with Franklin Investments, LLC and providing for the publication of notice
thereof 144
099 -11 Resolution of necessity finding that certain areas adjacent to the Greater Downtown Urban Renewal
District meet the definition of a blighted area or 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 145
100 -11 Approving a Development Agreement with CARADCO Building, LLLP for the property at 900 Jackson
Street 150
101 -11 Approving a Development Agreement with Nottingham Properties, LLC for the property located at
485 Locust Street 151
102 -11 Approving plans, specifications, form of contract, and estimated cost for the Iowa 32 Hike / Bike Trail
Phase 3 Project. 151
103 -11 Approving plans, specifications, form of contract, and estimated cost for the Central Avenue HMA
Resurfacing Project from 21st to 32nd Street 151
104 -11 Approving plans, specifications, form of contract, and estimated cost for the Port of Dubuque Marina
Dock System and Utilities Project — Bid Package #1 152
105 -11 Filling the vacancy in the office of City Council Member for the Fourth Ward 152
Book 141 INDEX 505
106 -11 Authorizing Request for Release of Funds and Certification for Lead Paint Hazard Control Grant and
Healthy Homes Production Grant Programs 153
107 -11 Approving the Iowa Department of Transportation Cooperative Agreement for Primary Road Project
(Agreement No. 2011 -16 -123) between the Iowa Department of Transportation and the City of Dubuque
for the US 151/61 Corridor Project 156
108 -11 Accepting a conveyance of property of Lot 1 of Lot 3 of Milwaukee Industrial Tract No. 1 in the City of
Dubuque 157
109 -11 Approving the plat of Lot 1 and Lot A of Engine House No. 1 Subdivision in the City of Dubuque,
Dubuque County, Iowa 157
110 -11 Awarding public improvement contract for the 2011 Fire Hydrant Painting Project 159
111 -11 Awarding public improvement contract for the Northwest Arterial Hike / Bike Trail — Phase 3 Project
159
112 -11 Awarding public improvement contract for the Central Avenue HMA Resurfacing -21st to 32nd Street
Project 160
113 -11 Approving additional local match for the RECAT Program for funding for America's River Project III 160
114 -11 Approving the River Enhancement Community Attraction and Tourism Program Grant Agreement
between the Vision Iowa Board and the City of Dubuque, Iowa for the Bee Branch Creek Restoration
Project 161
115 -11 Cigarette Permits, April 4, 2011 162
116 -11 Beer Permits, April 4, 2011 162
117 -11 Beer /Liquor Licenses, April 4, 2011 162
118 -11 Resolution of intent to dispose of an interest in City of Dubuque real estate and fixing the date for a
public hearing of the City Council of the City of Dubuque on the proposed issuance of Urban Renewal Tax
Increment Revenue Obligations and the execution of a Development Agreement relating thereto with
Flexsteel Industries, Inc. and providing for the publication of notice thereof 163
119 -11 Setting the date for public hearing on the Fiscal Year 2011 Third Budget Amendment 164
120 -11 Preliminary approval of plans, 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 for the Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road)165
121 -11 Approving a Development Agreement with Franklin Investments, LLC for the property located at 39
Bluff Street 166
122 -11 Approving a portion of the Southwest Arterial project and making the final selection of a site for a
portion of the Southwest Arterial project 166
123 -11 Authorizing approval of the final plat of Westbrook Subdivision No. 2 in the City of Dubuque, Iowa 167
124 -11. Adopting a Complete Streets Policy 169
125 -11 Establishing the Fair Market Value of real property for the Southwest Arterial project, directing good
faith negotiations for the acquisition of property and authorizing the commencement of eminent domain
proceedings, if necessary, to acquire property 171
126 -11 Approving the acquisition of real estate owned by Glenn Casey in the City of Dubuque 179
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 179
128 -11 Accepting the Carnegie -Stout Public Library Renovation Project — Contract No. 12 and authorizing
payment of the contract amount to the contractor 180
129 -11 Approving an Environmental Covenant on Lot 2 of Riverwalk Ninth Addition in the Port of Dubuque
181
130 -11 Authorizing the filing of an application for State Financial Assistance on behalf of Flexsteel Industries,
Inc. 181
131 -11 Approving the acquisition of real estate owned by Robert D. and Livija Klauer in the City of Dubuque
182
132 -11 Cigarette Permits, April 18, 2011 183
133 -11 Granting the issuance of a Class "B" Beer Permit to Catfish Festival and McAleece Park /Recreation
Complex 183
134 -11 Liquor Licenses, April 18, 2011 183
135 -11 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 General Obligation Bonds, Series 2010A
Bonds, and providing for publication of notice thereof 184
506 INDEX Book 141
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 advertise-
ment for bids for the 2011 Sewer Cured -in -Place Pipe (CIPP) Lining Project 186
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 186
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 189
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 191
140 -11 Adopting the Fiscal Year 2011 Third Budget Amendment 192
141 -11 Approving plans, specifications, form of contract, and estimated cost for the Kaufmann Avenue Utility
Project (John F. Kennedy Road to Chaney Road) 194
142 -11 Awarding public improvement con -tract for the Port of Dubuque Marina Dock System and Utilities
Project — Bid Package #1 195
143 -11 Approving the acquisition of real estate located at 1753 Washington Street in the City of Dubuque 198
144 -11 Accepting the Carnegie -Stout Public Library Renovation Project, Contract No. 3 — Aluminum
Entrances, Skylights & Glazing Systems, and authorizing the payment of the contract amount to the
contractor 199
145 -11 Approving the Plat of Survey of Youtzy Subdivision in the City of Dubuque, Iowa 200
146 -11 Approving the acquisition of real estate owned by IBC Sales Corporation in the City of Dubuque 200
147 -11 Establishing the fair market value of certain real property owned by Milton E. Schwartz in the City of
Dubuque, Iowa 201
148 -11 Establishing the fair market value of certain real property owned by Junnie and Rich's Coin in the City
of Dubuque, Iowa 201
149 -11 Authorizing a Revitalize Iowa's Sound Economy (RISE) grant agreement acceptance for the
construction of a road west from Highway 61 to access lots in the Dubuque Regional Airport Industrial Park
202
150 -11 Accepting the deed to certain real estate in Dubuque County, Iowa, from Rouse and Dean Foundry
Building, LLC 203
151 -11 Beer /Liquor /Wine Licenses, May 2, 2011 203
152 -11 Beer Permits, May 2, 2011 203
153 -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 204
154 -11 Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing
of the City Council of the City of Dubuque, Iowa, on the proposed issuance of Urban Renewal Tax
Increment Revenue Obligations and the execution of a develop -ment agreement relating thereto with
Walter Development, LLC and TM Logistics, Inc., and providing for the publication of notice thereof 205
155 -11 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District 207
156 -11 Instituting Proceedings to take additional action and approving the reallocation of certain unspent
proceeds of the General Obligation Bonds, Series 2009A (Taxable Build America Bonds), and General
Obligation Bonds, Series 2010A of the City of Dubuque, Iowa 207
157 -11 Approval of plans, specifications, form of contract, and estimated cost for the 2011 Sewer Cured in
Place Pipe (CIPP) Lining Project 208
158 -11 Awarding public improvement contract for the Kaufmann Avenue Utility Project 209
159 -11 Adopting operations and mainte -nance manual, emergency flood control plan, and interim risk
reduction plan for the Dubuque local flood protection project levee 210
160 -11 Authorizing request for release of Community Development Block Grant funds for Fiscal Year 2012
(Program Year 2011) 212
161 -11 Adopting the Schedule of Assessments for delinquent water, sewer, refuse and storm water accounts
and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish
notice thereof 213
162 -11 Adopting the Final Assessment Schedule for the Sidewalk Assessment Project 216
Book 141 INDEX 507
163 -11 Approving the appointment of Maureen A. Quann as Assistant City Attorney for the City of Dubuque
217
164 -11 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of
Economic Development, the City of Dubuque and Franklin Investments, LLC 217
165 -11 Beer Permits, May 16, 2011 220
166 -11 Beer /Liquor Licenses, May 16, 2011 220
167 -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 advertise-
ment for bids 221
168 -11 Intent to dispose of an interest in real property owned by the City of Dubuque by lease between the
City of Dubuque, Iowa, and American Builders and Contractor's Supply Co., Inc 222
169 -11 Approving a Development Agreement providing for the sale of 2.616 acres in the Dubuque Industrial
Center West 4th Addition to Walter Development, LLC and TM, Inc. 225
170 -11 Approval of plans, specifications, form of contract, and estimated cost for the US 16/151 Capacity
Improvements Project, Iowa DOT Project No. STP-A-061-9(128) — 22-31 225
171 -11 Approving the second amendment to the Roshek Building Development Agreement. Seconded by
Braig. Responding to questions from City Council, Economic Development Director Dave Heiar provided
information regarding the increase in tax credits and additional project allowance 226
172 -11 Awarding public improvement contract for the 2011 Sewer Cured -in -Place Pipe (CIPP) Lining Project
226
173 -11 Approving the agreement between the City of Dubuque, Iowa, and the Teamsters Local Union No120
(Bus Operators) and authorizing the Mayor to sign the agreement 229
174 -11 Rescinding Resolution No. 77 -11 and adopting Supplement No. 4 to the Code of Ordinances of the
City of Dubuque, Iowa 230
175 -11 Accepting public improvements in Westbrook Subdivision — Phase 1 231
176 -11 Approving the First Amendment to the Spiegel Family Realty Company Iowa, LLC Development
Agreement 231
177 -11 Approving an extension for the Downtown Housing Program Grant Award to Bonson's Block Ventures,
LLC 232
178 -11 Accepting the Bunker Hill Golf Course Irrigation Renovation Project and authorizing the payment of
the contract amount to the contractor 232, 233
179 -11 Accepting the E. B. Lyons Nature Cen -ter Expansion Project and authorizing the payment of the
contract amount to the contractor 233
180 -11 Cigarette Licenses, June 6, 2011 234
181 -11 Beer /Liqour Licenses, June 6, 2011 234
182 -11 Beer Permits, June 6, 2011 234
183 -11 Resolution of Intent to vacate and dispose of City interest in Lot 3A of Bennett Street Subdivision in
the City of Dubuque, Dubuque County, Iowa 236
184 -11 Resolution of Necessity finding that certain property bounded by 28th Street, 30th Street, Central
Avenue and the bluff is a blighted area and that the redevelopment of said area is necessary in the interest
of the residents of the City of Dubuque, Iowa 237
185 -11 (1) The disposal of an interest in real property owned by the City of Dubuque by sale between the City
of Dubuque, Iowa, and Engine House #1, LLC, an Iowa Limited Liability Company, and (2) Approval of a
development agreement with Engine House #1, LLC to rehabilitate 1805 Central Avenue 238
186 -11 Approval of plans, specifications, form of contract, and estimated cost for the Kaufmann Avenue HMA
Resurfacing Project (John F. Kennedy Road to Carter Road), Iowa DOT Project No. STP -U -2100 (662)- -70 -31
238
187 -11 Approving the disposal of an interest in real property owned by the City of Dubuque by lease between
the City of Dubuque, Iowa, and American Builders and Contractor's Supply Co., Inc., (ABC Supply) 239
188 -11 Authorizing approval of the Final Plat of English Ridge Subdivision No. 2 in the City of Dubuque, Iowa.
240
189 -11 Authorizing a Letter of Commitment and additional actions concerning a Downtown Rehabilitation
Loan, Design Grant, Facade Grant and Financial Consultant Grant to 39 Bluff Street 241
190 -11 Awarding public improvement contract for the US 61/151 Capacity Improvements Project, Iowa DOT
Project No. STP-A-061-8(128) — 22-31 255
191 -11 Requesting the Iowa Department of Transportation approve the conversion of 9th and 11th Streets to
two -way traffic 255
508 INDEX Book 141
192 -11 Authorizing the execution of a 28E Agreement with Dubuque County and the Dubuque Soil and Water
Conservation District regarding the preparation and implementation of a watershed management plan for
the Catfish Creek Watershed Basin 256
193 -11 Accepting the Carnegie -Stout Public Library Renovation Project — Contract No. 9, Plumbing & Fire
Protection Systems, and au- thorizing the payment of the contract amount to the contractor 261
194 -11 Approving an application for State Recreational Trails funding to the IDOT for the Bee Branch Trail —
MRT Route 262
195 -11 Approval of Delegation of Authority to City Manager, Budget Director or Finance Director to assign
general fund balance for intended purposes under the new guidelines of Governmental Standards
Accounting Board (GASB) Pronouncement 54 262
196 -11 Cigarette Permits, June 20, 2011 263
197 -11 Beer Permits, June 20, 2011 263
198 -11 Beer /Liquor Licenses, June 20, 2011 263
199 -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 265
200 -11 Resolution of Necessity finding that certain property along Lake Ridge Drive is an economic
development area and that the development of said area is necessary in the interest of the residents of the
City of Dubu -que, Iowa 266
201 -11 Fixing date for a meeting on the proposition of the issuance of not to exceed $1,265,000 General
Obligation Bonds (for urban renewal purposes) of the City of Dubuque, Iowa, and providing for publication
of notice thereof 267
202 -11 268
203 -11 Fixing date for a meeting on the proposition of the issuance of not to exceed $700,000 of General
Obligation Bonds and providing for publication of notice thereof 269
204 -11 Approving plat of proposed vacated portion of a public alley west of Algona Street between West
Third Street and Bennett Street in the City of Dubuque, Iowa 272
205 -11 Disposing of City interest in lot 3A of Bennett Street Subdivision, in the City of Dubuque, Iowa 272
206 -11 Authorizing execution of a Com- munity Development Block Grant Agreement with the U.S.
Department of Housing and Ur -ban Development 280
207 -11 Accepting the IA 32 Geometric and Signalization Improvements Project, U.S. 20 to John F. Kennedy
Road (Iowa DOT Project No. STP -A -32- 1(29)-- 86 -31), and authorizing the payment of the contract amount
to the contractor 280
208 -11 Approving a Housing Enterprise Zone Program agreement by and among the Iowa Department of
Economic Development, the City of Dubuque and Quibby, LLC 281
209 -11 Approving Plat of Survey of Lot 1 and Lot 2 of Bee Branch Subdivision No. 1 in the City of Dubuque,
Dubuque County, Iowa 281
210 -11 Beer and Liqour Licenses, July 5, 2011 283
211 -11 Beer Permits, July 5, 2011 283
212 -11 Cigarette Permits, July 5, 2011 283
213 -11 Approval of plans, specifications, form of contract, and estimated cost for the Port of Dubuque
Marina Project, Bid Package No. 2 — Amenities Building & Site Work 287
214 -11 Instituting proceedings to take addi - tional action for the issuance of not to exceed $1,265,000
General Obligation Bonds 287
215 -11 Instituting proceedings to take additional action for the issuance of not to exceed $7,035,000 General
Obligation Bonds 288
216 -11 Instituting proceedings to take addi - tional action for the authorization and issuance of not to exceed
$700,000 General Obligation Bonds 288
217 -11 Awarding public improvement contract for the Kaufmann Avenue HMA Resurfacing Project (John F.
Kennedy Road to Carter Road), Iowa DOT Project No. STP -U -2100 (662)- -70 -31 290
218 -11 Authorizing the City to collect delinquent snow and ice removal and garbage collection charges in
accordance with Title 6- 6 -3C2o, Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City of
Dubuque, Iowa 296
219 -11 Authorizing the City to collect delinquent vacant and abandoned building and problem property
charges in accordance with Title 6- 6 -3B1h, Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City
of Dubuque, Iowa 297
220 -11 Approving the Consultant Professional Services -Supplemental Agree -ment No. 9 between AECOM
Technical Ser- vices, Inc., and the City of Dubuque for the final engineering design phase of the South -west
Arterial Project 298
Book 141 INDEX 509
221 -11 Approving the First Amendment to the Morrison Bros. Company Development Agreement 298
222 -11 Approving the First Amendment to the Amended and Restated Development Agreement between
and among the City of Dubuque, Iowa, Cottingham & Butler, Inc., and Security Investments, LLC 299
223 -11 Approving the First Amendment to Downtown Rehabilitation Loan Program Loan Agreement, Number
DRLP #1 -07 between the City of Dubuque, Iowa, and Security Investments, LLC 299
224 -11 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of
Economic Development, the City of Dubuque and Paragon Square, LLC 300
225 -11 Beer /Liquor Licenses, July 18, 2011 301
226 -11 Beer Permits, July 18, 2011 301
227 -11 Granting the issuance of a permit to sell cigarettes and cigarette papers to Awn Stop Mart, Dubuque
Quick Stop Mart, Friendly Locust Mart, and Instant Replay 301
228 -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 (Green Alley Permeable Pavers Project 17th —18th, between Jackson & Washington
Streets) 303
229 -11 Approving the plat, schedule of assessments and estimate of total cost and setting date of public
hearing on Resolution of Necessity (Green Alley Permeable Pavers Project 17th —18th, between Jackson &
Washington Streets) 303
230 -11 Resolution of Necessity for the Green Alley Permeable Pavers Project (17th —18th, between Jackson
& Washington Streets) 303
231 -11 Intent to dispose of an interest in real property owned by the City of Dubuque by license between the
City of Dubuque, Iowa, and Eagle Point Energy -1, LLC, an Iowa Limited Liability Company 305
232 -11 Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing
of the City Council of the City of Dubuque, Iowa, on the proposed dispo - sition of City -owned property to
Routley Con - struction and providing for the publication of notice thereof (Lot 171 Union Addition in the
City of Dubuque, Iowa -1052 Rush Street) 306
233 -11 Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing
of the City Council of the City of Dubuque, Iowa on the proposed disposition of City -owned property to
Routley Construction and providing for the publication of notice thereof (Lot 51 Rosedale Addition in the
City of Dubuque, Iowa - 1895 Wood Street) 307
234 -11 Approving the Urban Renewal Plan for the Holy Ghost Urban Renewal District 308
235 -11 approving the acquisition of real estate owned by G &S Real Estate in the City of Dubuque 295
236 -11 Directing the advertisement for sale of $6,330,000 General Obligation Bonds, Series 2011A and
$1,590,000 Taxable General Obligation Bonds, Series 2011B, and approving electronic bidding procedures
312
236A -11 Accepting the Carnegie -Stout Public Library Renovation Project, Contract No. 2 — Doors, Frames and
Hardware (supply only) and authorizing the payment of the contract amount to the contractor 317
237 -11 Accepting the Carnegie -Stout Public Library Renovation Project, Contract No. 5 —Acoustical Tile
Ceilings and authorizing the payment of the contract amount to the contractor 318
238 -11 Accepting a conveyance of property in Indiana Subdivision to the City of Dubuque for storm water
detention facilities 319
239 -11 Authorizing License Agreement for site assessment between the City of Dubuque and Theile Geotech,
Inc., to conduct soil borings and install monitoring wells on public right -of -way in the area of 925 Kerper
Boulevard 320
240 -11 Adopting the Schedule of Assess -ments for first half of 2011 and directing the Acting City Clerk to
certify the Schedule of Assessments to the County Treasurer and to publish notice thereof 322
241 -11 Approving an Iowa Values Fund Financial Assistance contract by and among the Iowa Department of
Economic Development, the City of Dubuque and Flexsteel Industries, Inc. 323
242 -11 Beer /Liquor Licenses, August 1, 2011 324
243 -11 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 324
244 -11 Resolution of Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a
public hearing of the City Council of the City of Dubuque, Iowa, on the proposed issuance of Urban
Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating
thereto with Green Industrial Supply, Inc., and Green Industrial Properties, LLC and providing for the
publication of notice thereof 325
510 INDEX Book 141
245 -11 Fixing the date for a meeting on the proposition of the issuance of not to exceed $350,000 Urban
Renewal Tax Increment Revenue Notes of Dubuque, Iowa, and providing for publication of notice thereof
326
246 -11 Resolution of Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a
public hearing of the City Council of the City of Dubuque, Iowa, on the proposed disposition of City -owned
property in the form of a Declaration of Conservation Covenants and Restrictions and providing for the
publication of notice thereof 327
247 -11 Approving the Urban Renewal Plan for the Lake Ridge Economic Development District 334
248 -11 Approval of plans, specifications, form of contract, and estimated cost for the Green Alley permeable
Pavers Project (17th-18th, between Jackson & Washington Streets) 335
249 -11 Resolution with respect to the adoption of the Resolution of Necessity proposed for the Green ally
Permeable Pavers Project (17th-18th, between Jackson & Washington Streets) 335
250 -11 Approving the Schedule of Assessments and estimate of total cost for the Green Alley Permeable
Pavers Project (17th-18th, between Jackson & Washington Streets) 335
251 -11 Approval of a License and Power Pur -chase Agreement between the City of Dubu -que, Iowa, and
Eagle Point Energy — 1, LLC an Iowa Limited Liability Company 337
252 -11 Disposing of an interest in City -owned property to Routley Construction 337
253 -11 Disposing of an interest in City -owned property to Routely Construction 338
254 -11 Authorizing REAP Grant Application to Iowa Department of Natural Resources for land acquisition for
E.B. Lyons Interpretive Center and Mines of Spain 339
255 -11 Authorizing REAP Grant Application to Iowa Department of Natural Resources for Bee Branch Creek
Trail — MRT Route 339
256 -11 Directing sale of General Obligation Bonds, Series 2011A 342
257 -11 Directing sale of Taxable General Obligation Bonds, Series 2011B 342
258 -11 Approving a Fiscal Year 2012 (Program Year 2011) Annual Action Plan — Amendment No. 1 for
Community Development Block Grant (CDBG) Program 343
259 -11 Approving a Development Agreement between the City of Dubuque, Iowa and JELD -WEN, Inc. 343
260 -11 Adopting the Schedule of Assessments for delinquent water, sewer, refuse and stormwater accounts
and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish
notice thereof 347
261 -11 Approving the acquisition of real estate owned by Milton E. Schwartz in the City of Dubuque 350
262 -11 Accepting the Carnegie -Stout Public Library Renovation Project — Contract No. 7, Roofing, and
Authorizing the Payment of the contract amount to the contractor 351
263 -11 Accepting the Carnegie -Stout Public Library Renovation Project — Contract No. 8 and authorizing the
payment of the contract amount to the contractor 352
264 -11 Accepting the IA 32 and Asbury Road Turn Lane Improvements Project, Iowa DOT Project No. STP -32-
1(30)--2C-31, and author -izing the payment of the contract amount to the contractor 352
265 -11 Accepting the Historic White Water Creek Bridge Relocation Project, Phase 3 - Bridge Abutments and
authorizing the payment of the contract amount to the contractor 353
266 -11 Adopting the Final Assessment Schedule for the FY2011 Detention Basin Maintenance Project 353
267 -11 Approving the First Amendment to the Dubuque Stamping & Manufacturing, Inc. and R & 5 Realty,
LLC Development Agreement 361
268 -11 Appointing Registrar and Paying Agent Series 2011A 363
269 -11 Authorizing the issuance of the Bonds Series 2011A 363
270 -11 Appointing Registrar and Paying Agent Series 2011B 363
271 -11 Resolution authorizing and providing for the issuance of $1,590,000 Taxable General Obligation
Bonds, Series 2011B, and levying a tax to pay said bonds 363
272 -11 Endorsing the submission of a Revitalize Iowa's Sound Economy (RISE) application to the Iowa
Department of Transportation for the construction of 7th and Commercial Streets 363
273 -11 Beer Permits, August 18, 2011 379
274 -11 Beer /Liquor Licenses, August 18, 2011 379
275 -11 Resolution of intent to vacate and dispose of City interest in lots 148A, 149A, 150A, 151A and 152A in
Ham's Addition in the City of Dubuque, Iowa 381
276 -11 Approving plat of proposed vacated alley in the 1900 block of Garfield Avenue 381
277 -11 Resolution of intention to dispose of City -owned property, specifically Lot 2 of Bee Branch Subdivision
No. 1 in the City of Dubuque, Iowa, according to the recorded plat thereof (2300 Washington Street)383
278 -11 Resolution of Intention to dispose of City -owned property, specifically Lot 1 of Bee Branch Subdivision
No. 1 in the City of Dubuque, Iowa, according to the recorded plat thereof (2302 Washington Street)383
279 -11 Approval of specifications, form of contract, and estimated cost for the Pump Room Roof Project389
Book 141 INDEX 511
280 -11 Approving a development agreement providing for the sale of 24,506 acres in the Dubuque Industrial
Center West to Green Industrial Supply, Inc., and Green Industrial Properties, LLC 389
281 -11 Approving a Development Agreement with Paragon Square, LLC for the property located at 2887 and
2901 Central Avenue 390
282 -11 Instituting proceedings to take additional action for the issuance of not to exceed $350,000 Urban
Renewal Tax Incre -ment Revenue Notes 390
283 -11 Rejecting all competitive bid proposals received for the Green Alley Permeable Pavers Project (17th —
1Sth Streets between Jackson and Washington Streets 393
284 -11 Awarding public improvement contract for the Port of Dubuque Marina Project, Bid Package 2 —
Amenities Building & Site Work 393
285 -11 Approving a Development Agreement with Spahn & Rose Lumber Co. for the Property located at 925
Kerper Boulevard 394
286 -11 Approving the acquisition of real estate owned by Junnie & Rich's Coin in the City of Dubuque 395
287 -11 Approving the acquisition of real estate located at 2250 Washington Street in the City of Dubuque,
Iowa 395
288 -11 Amending Resolution No. 269 -11 authorizing the issuance, adopted August 15, 2011. (Series 2011A)
407
289 -11 Amending Resolution No. 271 -11 Authorizing the issuance, adopted August 15, 2011 (Series 2011B)
408
290 -11 Authorizing the filing of an application for State Financial Assistance on behalf of Green Industrial
Supply, Inc 409
291 -11 Approving the acquisition of real estate owned by Ron and Sandra Conrad in the City of Dubuque 410
292 -11 Approving the acquisition of real estate owned by Paul and Helene Hill in the City of Dubuque 410
293 -11 Approving the acquisition of real estate owned by Melvin and Theresa Spiegel- halter in the City of
Dubuque 411
294 -11 Approving the acquisition of real estate owned by Kevin and Colleen Klein in the City of Dubuque412
295 -11 Accepting the 2011 Manhole Replacement Project and authorizing the payment of the contract
amount to the contractor 412
296 -11 Accepting conveyance of property in North Grandview Estates No. 2 to the City of Dubuque 413
297 -11 Accepting the Carnegie -Stout Public Library Renovation Project, Contract No. 6, Flooring & Tiling, and
authorizing the payment of the contract amount to the con - tractor 413
298 -11 Authorizing the Mayor to execute an application to the Kresge Foundation for the Advancing Safe and
Healthy Homes for Children and Families Initiative (ASHHCFI) 414
299 -11 Beer /Liquor Licenses, September 6, 2011 415
300 -11 Granting the issuance of a Class C Beer Permit to Family Mart, Phillips 66 /Arby's, and Wal -Mart
Supercenter#2004 415
301 -11 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2012 Budget for the
City of Dubuque 416
302 -11 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa, on the proposed
issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development
Agreement relating thereto with the Rose of Dubuque, L.P., and providing for the publication of notice
thereof 417
303 -11 Resolution of intent to dispose of an interest in real property by License Agreement with Dubuque
River Rides, Inc 418
304 -11 Vacating a portion of the public alley abutting 1902, 1912, 1946, 1952, and 1956 Garfield Avenue 418
305 -11 Disposing of City interest in Lots 148A, 149A, 150A, 151A and 152A in Ham's Addition in the City of
Dubuque, Dubuque County, Iowa 418
306 -11 Approving the sale of real estate located at 2300 Washington Street, in the City of Dubuque 419
307 -11 Approving the sale of real estate located at 2302 Washington Street, in the City of Dubuque 420
308 -11 Awarding public improvement contract for Eagle Point Water Plant Pump Room Roof Replacement
Project - CIP 740 -220 420
309 -11 Accepting the deed to certain real estate in Dubuque County, Iowa, from North Cascade Road
Developers, LLC, an Iowa Limited Liability Company 421
310 -11 Authorizing the approval of the Final Plat of Liberty Subdivision in the City of Dubu -que, Iowa 421
311 -11 Approving the Third Amendment to the Roshek Building Development Agreement 422
312 -11 Approving the acquisition of real estate located at 517 E. 22nd Street, in the City of Dubuque, Iowa
423
313 -11 Approving the City of Dubuque Fiscal Year 2011 City Street Financing Report 426
512 INDEX Book 141
314 -11 Authorizing emergency repairs to the bridge and watermain on Manson Road and to retain the
services of IIW Engineers & Surveyors, PC to provide engineering consultant services 427
315 -11 Authorizing the submission of a Con - solidated Performance and Evaluation Report (CAPER) for the
period commencing July 1, 2010 and concluding June 30, 2011 428
316 -11 Approving the Final Plat of Pine View Subdivision in Dubuque County, Iowa 428
317 -11 Approving the Plat of Survey for Asbury Plaza No. 16 in City of Dubuque, Iowa 429
318 -11 Adopting Supplement No. 5 to the Code of Ordinances of the City of Dubuque, Iowa 432
319 -11 Beer /Liquor Licenses, September 19, 2011 433
320 -11 Beer Permits, September 19, 2011 433
321 -11 Resolution of intent to dispose of an interest in City of Dubuque real estate and fixing the date for a
public hearing of the City Council of the City of Dubuque, Iowa, on the proposed disposition of City owned -
property in the form of a Declaration of Conservation Covenants and Restrictions and providing for the
publication of notice thereof 434
322 -11 Amending the current budget for the fiscal year ending June 30, 2012 447
323 -11 Approving a Development Agreement with the Rose of Dubuque, L.P. for property located on Lake
Ridge Drive 449
324 -11 Disposing of an Interest in real property by License Agreement with Dubuque River Rides, Inc 449
325 -11 Endorsing the submission of an Iowa Clean Air Attainment Program (ICAAP) grant application to the
Iowa Department of Trans - portation to fund IBM research and for imple - mentation of two pilot route
services 451
326 -11 Accepting the US 52 Traffic Flow En- hancement Project and authorizing the pay -ment of the contract
amount to the contractor 453
327 -11 Approving the acquisition of real estate owned by David A. and Sarah J. Maus in the City of Dubuque
454
328 -11 Authorizing emergency repairs to the retaining wall on 7th Street and associated street pavement 454
329 -11 Authorizing emergency repairs to the retaining wall on Madison Street and the associated street
pavement and sidewalk portions 455
330 -11 Approving the Iowa Department of Transportation Funding Agreement (Agreement No. 2012 -16 -011)
for the South -west Arterial / U.S. Highway 20 Traffic Capacity Improvement Study 456
331 -11 Authorizing the filing of an application with the Iowa Department of Transportation for Safe Routes to
School Infrastructure Grant funding for the City of Dubuque 457
332 -11 Adopting the Schedule of Special Assessment for a lien against the property and directing the City
Clerk to certify the Schedule of Assessment to the County Treasurer and to publish notice thereof 458
333 -11 Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for
State Housing Trust funds 458
334 -11 Approving the First Amendment to the Plastic Center, Inc., Development Agreement 460
335 -11 Beer /Liquor Licenses, October 3, 2011 461
336 -11 Beer Permits, October 3, 2011 461
337 -11 Cigarette Permits, October 3, 2011 461
338 -11 Resolution of Intent to dispose of and release an access, utility and storm sewer easement on Lot 2 of
Timber -Hyrst Place No. 3 in the City of Dubuque, Iowa 462
339 -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 (City Hall HVAC System Improvement Project) 463
340 -11 Approval of a License and Power Purchase Agreement between the City of Dubuque, Iowa, and Eagle
Point Energy -1 LLC, an Iowa Limited Liability Company 464
341 -11 Authorizing the execution of the First Amendment to the grant agreement with the Iowa Jobs Board
and the Iowa Finance Authority as required for the City's receipt of $3,965,000 in State I -JOBS funding for
the Lower Bee Branch Creek Restoration Project 465
342 -11 Authorizing license agreement for site assessment between the City of Dubuque and Terracon
Consultants, Inc., to install monitoring wells on public right -of -way at 25 Main Street 456
343 -11 Approving Plat of Survey of Lot 1 -1 and Lot 2 -1 of Bee Branch Subdivision No. 1 in the City of
Dubuque, Dubuque County, Iowa 467
344 -11 Approving Plat of Survey of Lot 1 -2 and Lot 2 -2 of Bee Branch Subdivision No. 1 in the City of
Dubuque, Dubuque County, Iowa 467
345 -11 Accepting the grant of an easement for sanitary sewer through, under and across parts of Lot 1 of
Mineral Lot 7, Lot 1 of 1 and Lot 2 of Mineral Lot 512, Lot 10 of Mineral Lot 501, Lots 1, 2, 13 and 14 of
Rockdale, and the north one -half and south one -half of a vacated street abutting Lots 1, 2, 13 and 14 of
Rockdale and also abutting Lot 10 of Mineral Lot 501 all in the City of Dubuque, Iowa 468
Book 141 INDEX 513
346 -11 Approving the Plat of Survey of Leibfried Place in the City of Dubuque, Iowa 469
347 -11 Approving the Plat of Survey of the Subdivision of City Lot 493 in the original town of Dubuque in the
City of Dubuque, Iowa 469
348 -11 Approving the Plat of Survey for Lot 1 of Lot 1 and Lot 2 of Lot 1 of Gillespie's Third Addition in the
City of Dubuque, Iowa 470
349 -11 Support of Trees Forever application for funding for the Street Tree Enhancement Program 470
350 -11 Approving the Plat of Survey of 1.1. Kemp Place in the City of Dubuque, Iowa 503
350A -11 Beer /Liquor Licenses, October 17, 2011 471
351 -11 Beer Permits, October 17, 2011 472
352 -11 Resolution of Intention to dispose of City -owned property, specifically, East % of Lot 24A in L.H.
Langworthy Addition in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat
thereof, 2315 Jackson Street 472
353 -11 Disposing of City interest in an existing twenty -foot wide storm sewer and utility easement, and a 25-
foot wide access easement on Lot 2 of Timber -Hyrst Place No. 3 in the City of Dubuque, Iowa 474
354 -11 Adopting plans and specifications form of contract and estimated cost for the City Hall —HVAC System
Improvements Project 475
355 -11 Accepting the Iowa 32 Bike /Hike Trail Phase 3 Project and authorizing the payment of the contract
amount to the contractor 480
356 -11 Establishing the fair market value and authorizing the acquisition by eminent domain of certain real
property owned by Tony Zenner in the City of Dubuque, Iowa 481
357 -11 Establishing the fair market value and authorizing the acquisition by eminent domain of certain real
property owned by WP Investments, LLC in the City of Dubuque, Iowa 481
358 -11 Establishing the fair market value and authorizing the acquisition by eminent domain of certain real
property owned by WP Investments, LLC in the City of Dubuque, Iowa 482
359 -11 Approving the acquisition of real estate owned by Kim McDermott in the City of Dubuque 482
360 -11 Approving Plat of Survey of Lots 1 and 2 of Bee Branch Subdivision No.3 in the City of Dubuque,
Dubuque County, Iowa 483
361 -11 Approving Plat of Survey of Lots 1 and 2 of Bee Branch Sub - division No. 4 in the City of Dubuque,
Dubuque County, Iowa 483
362 -11 Approving Plat of Survey of Lots 1 and 2 of Bee Branch Subdivision No. 5 in the City of Dubuque,
Dubuque County, Iowa 483
363 -11 Approving Plat of Survey of Lots 1 and 2 of Bee Branch Subdivision No. 6 in the City of Dubuque,
Dubuque County, Iowa 483
364 -11 Approving the Fourth Amendment to the 40 Main, LLC Development Agreement 485
365 -11 Approving an amendment to a Housing Enterprise Zone Program Agreement by and among the Iowa
Department of Economic Development, the City of Dubuque and Caradco Building, LLP 485
366 -11 Liquor /Beer Licenses, November 7, 2011 487
367 -11 Beer Permits, November 7, 2011 487
368 -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 488
369 -11 Acknowledging a proposed amend -ment to the Plan for the Old Main Urban Revitalization Area and
providing for a public hearing 489
370 -11 Resolution of Intent to dispose of City interest by Grant of Easement for private utility to University of
Dubuque for an underlying portion of Bennett Street 489
371 -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 (Lower Bee Branch Creek Floating Island Project) 490
372 -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 (Lower Bee Branch Creek Enhancement — Overlooks) 491
373 -11 Approving the sale of real estate (Specifically, East % Of Lot 24A in L.H. Langworthy's Addition in the
City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof, 2315 Jackson Street.)
492
374 -11 Accepting public improvements in Wingate Place No. 3 and Wingate Place No. 4 499
375 -11 Approving a First Amendment to the lease agreement between the City of Dubuque, Iowa, and
American Builders and Contractor's Supply Co., Inc. (ABC Supply) 499
514 INDEX Book 141
376 -11 Adopting the Schedule of Assessments for delinquent water, sewer, refuse and stormwater accounts
and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish
notice thereof 500
377 -11 Approving the Plat of Survey of McNamer Acres #3 in the City of Dubuque, Iowa 504
378 -11 (Unassigned) 504
379 -11 Approving the Final Plat of Knepper Addition in the City of Dubuque, Iowa 504
380 -11 Authorizing REAP Grant Agreement with Iowa Department of Natural Resources for land acquisition
for E.B. Lyons Interpretive Center and Mines of Spain 505
381 -11 Accepting the 2011 Sewer Cured -in -Place Pipe (CIPP) Lining Project and authorizing the payment of
the contract amount to the contractor 505
382 -11 Authorizing the Approval of an amendment to the CEBA and Enterprise Zone Agreements with
Cottingham & Butler, Inc. 506
383 -11 Authorizing the acquisition by eminent domain of certain real property owned by Junnie & Rich's Coin
Partnership in the City of Dubuque, Iowa 507
384 -11 Beer /Liquior Licenses, November 21, 2011 507
385 -11 Beer Permits, November 21, 2011 507
386 -11 Fixing date for a meeting on the proposition of the issuance of not to exceed $9,000,000 General
Obligation Bonds (for essential corporate purposes) of the City of Dubuque, Iowa, and providing for
publication of notice thereof 508
387 -11 Fixing date for a meeting on the proposition of the issuance of not to exceed $5,000,000 General
Obligation Bonds (for urban renewal purposes) of the City of Dubuque, Iowa, and providing for the publi-
cation of notice thereof 509
388 -11 Approving the plans, specifications, form of contract, and estimated cost for the Grand River Center
Exhibit Hall Carpet Replacement Project 511
389 -11 Granting easement for private utility to University of Dubuque for an underlying portion of Bennett
Street 512
390 -11 Awarding the public improvement contract for the City Hall HVAC System Improvements Project513
391 -11 Accepting the 2011 CDBG Access Ramp Installation Project and authorizing the payment of the
contract amount to the contractor 518
392 -11 Accepting the 2011 Drain Tile Project and authorizing the payment of the contract amount to the
contractor 518
393 -11 Approving an agreement for R.I.S.E. funding with the Iowa Department of Transportation relating to
redevelopment of East 7th Street in downtown Dubuque 520
394 -11 Approving the acquisition of real estate owned by Don and Joyce Schoen - berger in the City of
Dubuque 520
395 -11 Approving the acquisition of real estate owned by Kim Kluga in the City of Dubuque 522
396 -11 Adopting Supplement No. 6 to the Code of Ordinances of the City of Dubuque, Iowa 522
397 -11 Approving an Iowa Values Fund financial assistance contract by and among the Iowa Department of
Economic De- velopment, the City of Dubuque and Green Industrial Supply, Inc. 523
398 -11 Adopting the Schedule of Assessments for second half of 2011 and directing the City Clerk to certify
the Schedule of Assessments to the County Treasurer and to publish notice thereof 523
399 -11 Accepting the Raymond Place /Maiden Lane retaining wall repair project and authorizing the payment
of the contract amount to the contractor 524
400 -11 Adopting the Final Assessment Schedule for the Raymond Place / Maiden Lane Retaining Wall Repair
Project 525
401 -11 Approving a First Amendment to the Lease Agreement between the City of Dubu -que, Iowa, and
Dubuque Terminals, Inc 526
402 -11 Accepting the 10th and Central Parking Ramp and Fire Headquarters Ex- pansion and authorizing the
payment of the contract amount to the contractor, J.P. Cullen & Sons, Inc., 527
403 -11 Approving Consent and Subordination to Third Mortgage Agreement for Platinum Holdings, LLC in
favor of Ameri -can Trust & Savings Bank and approving an amendment to First Mortgage Agreement with
American Trust & Savings Bank 527
404 -11 Approving Consent and Subordination to Se -cond Mortgage Agreement for Platinum Hold -ings, LLC in
Favor or E.C.I.A Business Growth, Inc 527
405 -11 Approving an Assignment of Amended Development Agreement, Assignment of Lease, and
Assignment of Parking Use Agreement to ECIA Business Growth, Inc 528
406 -11 Authorizing acceptance of a Community Development Block Grant award in the amount of $24,500
for the creation of a Watershed Management Authority Board for the Catfish Creek Watershed 529
Book 141 INDEX 515
407 -11 Authorizing the City Manager to sign an Agreement and Mortgage in favor of the U.S. Department of
Commerce, Economic Development Administration related to EDA Award # 05 -01 -04941 for the
construction of the 10th and Central Parking Facility 529
408 -11 Beer /Liquor Licenses, December 5, 2011 530
409 -11 Beer Permits, Decmeber 5, 2011 530
410 -11 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed
issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a development
agreement relating thereto with Bonson Block L.L.C., and providing for the publication of notice thereof531
411 -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 (Purina Drive Weigh Scale House Building Project) 532
412 -11 Instituting proceedings to take ad- ditional action for the issuance of not to ex -ceed $5,000,000
General Obligation Bonds 534
413 -11 Instituting proceedings to take additional action for the issuance of not to exceed $9,000,000 General
Obligation Bonds 534
414 -11 Approval of plans, specifications, form of contract, and estimated cost for the Lower Bee Branch
Creek Overlook Project 535
415 -11 Approval of plans, specifications, form of contract, and estimated cost for the Lower Bee Branch
Creek Floating Island Project 535
416 -11 Awarding Contract (Grand River Center Exhibit Hall Carpet Replacement Project) 535
417 -11 Authorizing HMPG grant application for acquisition of flood- damaged properties 536
418 -11 Authorizing the filing of an application for state financial assistance on behalf of A.Y. McDonald Mfg.
Co 536
419 -11 Accepting the deed to certain real estate in Dubuque County, Iowa, from Lynn D. Lampe and Janet P.
Schmitt 539
420 -11 Accepting the Blanche Avenue Resurfacing Project and authorizing the payment of the contract
amount to the contractor 541
421 -11 Authorizing re- approval of the Final Plat of English Ridge Subdivision No. 2 in the City of Dubuque,
Iowa 541
422 -11 Approving Fiscal Year 2012 (Program Year 2011) Annual Action Plan Amendment 2 for Community
Development Block Grant (CDBG) and Homelessnesss Prevention and Rapid Re- Housing Program (HPRP)
funds 543
423 -11 Approving the Final Plat of Survey of Lot 1 of Schmechel Place in the County of Dubuque, Iowa 544
424 -11 Approving a Section 3 Plan for the City of Dubuque, Iowa 544
425 -11 Hazard Mitigation Grant Program 546
426 -11 Rejecting all competitive bid pro - posals received for the Lower Bee Branch Creek Overlook Project 546
427 -11 Rejecting all competitive bids proposals received for the Lower Bee Branch Creek Floating Island
Project 547
428 -11 Accepting the SEP Green Alley Pro -ject, Between White & Jackson Streets, from 9th to 10th Streets,
and authorizing the pay -ment of the contract amount to the contractor 547
429 -11 Beer /Liquor Licenses, December 19, 2011 548
430 -11 Beer Permits, December 19, 2011 548
431 -11 Setting the date for a public hearing on an ordinance designating the White Water Creek Bridge as a
City landmark 549
432 -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 (Green Alley Permeable Pavers Project - 17th - 18th, be -tween Jackson and
Washington Streets) 550
433 -11 Approving the Plat, Schedule of As- sessments and estimate of total cost and setting date of public
hearing on Resolution of Necessity 550
434 -11 Resolution of Necessity for the Green Alley Permeable Pavers Project (17th — 18th, between Jackson
& Washington Streets) 550
435 -11 Resolution of Intent to dispose of an interest in real property owned by the City of Dubuque by lease
between the City of Dubuque, Iowa and the Federal Government on behalf of Senator Harkin 552
436 -11 Fixing the date for a public hearing of the city council of the City of Dubuque, Iowa on the proposed
issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a development
agreement relating thereto with A.Y. McDonald Mfg. Co., and providing for the publication of notice
thereof 553
516 INDEX Book 141
437 -11 Approving a development agreement with Bonson Block, LLC for the property located at 356 Main
Street 560
438 -11 Accepting the deed to certain real estate in Dubuque County, Iowa from W. C. Stewart Construction,
Inc 562
439 -11 Accepting the deed to certain real estate in Dubuque County, Iowa from Stew -MC Development, Inc.
562
Hospice Month (November 2011) 478
Philanthropy Day (November 15, 2011) 478
Resource Enhancement and Protection (REAP) 504
Resurrection Catholic Church 466
Resurrection Child Care Center 177
Retail Plastic Bags 289
Retired and Senior Volunteer Program (RSVP) 93, 260
Revitalize Iowa's Sound Economy (RISE) 11, 12, 202, 363, 520
Reynolds, Lt. Governor Kim 345
Rhomberg Avenue 1,123,124,211,473
Rhomberg, Ricky 468
Richardson Investments, LLC 554
Richardson, Nancy 514
River City Paving 160, 541
River Enhancement Community Attraction and Tourism (RECAT) 160, 161
River Valley Nursery and Landscaping, Inc. 347
River Valley Nursery and Landscaping,Inc. 107
Riverfest 379
Riverview Center 416
Riviera Lounge 263, 264
RJN 471
RKM, LLC 204, 235, 379, 381
Road Ranger 235,301
Roath, Miriah 41, 279
Rock and Soul Reunion 283
Rock Solid Masonry 533
Rockdale Road 511, 532
Rockford Industrial Supply 558
Rodriguez, Louis 216, 479
Rogaskie, Patricia 136, 190, 328, 384
Romberg, Janet 293
Ron's Five Point Mart 109
Ron's 5 Point Mart 235
Ron's Discount Smokes and Beverage 203, 204, 235, 379, 381
Rondavoo Bar, The 283,284
Ronek, Regine 190, 237, 270, 328, 384
RonSan Enterprises, Inc. 221
Root, Judie 237, 270
Ropa, Douglas 136, 206, 223
Rose of Dubuque, LP 116, 202, 362, 417, 449
Rosedale Avenue 8
Roshek Building, The 36, 37, 116, 226, 422, 478
Rotary Club of Dubuque 220, 263, 265, 283
Roundabouts 495,538
Rouse and Dean Foundry, LLC 62, 203
Routley Construction 306, 307, 337, 338, 339
Rubinstein, Marcos 136, 211
Ruh, Roger 498,518
Runyon, David 324
Rush Street 306, 337
Russell, Phyllis 69, 91
Ryan, Sarah 426
Book 141 INDEX 517
5
Sack, Joe 511
Safe Community Advisory Committee 561
Membership 206, 223
Minutes Submitted 228, 258, 317, 539
Safe Community Task Force 91, 153, 226, 361, 513, 563
Evicting Problem Tenants for Cause 116
Juvenile Curfew 116
Recommendation Implementation 65
Recommendations Implementation 87
Safe Routes to School 457, 458
Sahajanand Enterprises, Inc 144, 235
Saiki, Ken 425
Salazar, The Honorable Ken, Secretary of the Department of Interior 43
Sale of Property
1052 Rush Street 306, 337
1895 Wood Street 307, 338
2300 Washington Street 383, 419
2302 Washington Street 383, 420
2315 Jackson Street 472, 492
346 East 19th Street (Lightfoot) 82
Salsa's Mexican Restaurant 143, 144
Salvation Army, The 477, 497
Salwolke, Ross 293
Sam's Club 3, 4, 507, 508
Sand, Eugene K. 137
Sanitary Sewer Easements 78, 114, 468
Sanitation Driver Position 429
Save America's Treasures (SAT) Program 43
Scale Operator Position 137
Schaal, Bruce and Annabelle 272, 308, 385
Schaefer, Katie 7, 41
Schaepe, Rose 467, 478
Schaller, Wanda 259, 279
Schatz, Jason 227, 278, 476
Schauer, Amy 93
Schedules of Assessment 49, 99, 100, 139, 213, 216, 297, 322, 335, 347, 458, 500, 523, 550
Scherrman, Zac and Amy 98, 137
Schiel, Cole 317
Schmitt, Janet P. 539, 540
Schmitt, Lloyd P. and Joann L 104
Schmitz, Todd H 138
Schnee, Ronald 467
Schneider, Davie 200
Schneider, Jeanne 208
Schoenberger, Don and Joyce 520
School Resource Officer (SRO) 520
Schroder, Tim 516
Schroeder, Kimberly 206
Schueller, Susan 41
Schultz, Matt, Iowa Secretary of State 230
Schwalb, Jim 271
Schwartz, Milton E 201, 350
Schwendinger, Dorothy 432
Scott, Anthony Patrick 274
Screaming Eagle, The 548
Security Investments, LLC 299
Sedgwick Claims Management Services, Inc 107
518 INDEX Book 141
SEP Green Alley Project 547
Serve America 197, 202
Serviceworker Position 259
Settlement Agreements 208, See Alcohol Compliance
Seventeenth Street 335, 393, 549
Seventh Street 363, 454, 484
Seventh Street Retaining Wall 454, 484
Sewer Cured -in -Place Pipe (CIPP) Lining Project 185, 186, 208, 226, 227, 505
Sewershed 11 Corrective Action Plan 561
Shafer, Geri 453
Shannon's Bar & Grill 324, 415
Shaw, David 81, 113
Shear, Barry 337
Sheehan Real Estate 271
Sheehan, Dave 271
Shelter Plus Care Program 459, 493
Shenanigan's Pub 220, 221
Sheppley, Ed 197
Shivers, Aaron 347
Shot Tower Inn, The 204
Sibley, John 428
Sid's Beverage Store 235, 301
Sidewalk Assessment Progam 2011 216
Silos and Smokestacks National Heritage Area 182, 202, 219
Simmons, Katie 477
Sinsinawa Dominican Sisters 405
Sister, Pam 98, 99
Sister City Relationships Advisory Commission 227
Membership 3, 4, 19, 21, 52, 58, 81, 88
Minutes Submitted 156, 177, 211, 258, 539
Sisters of the Presentation 177
Sixteenth St. Auto Truck Plaza 234
Sixteenth Street 45, 240, 469
Sixth Street 157
Sixthteenth St. Auto /Truck Plaza 163
SJC, LLC 221
Sjobakken, John 347
Skyline Trucking & Storage, Inc 282, 518
Small Community Air Service Development 486
Smart Electric Meter Design 471
Smart Growth Development 194
Smart Planning Consortium 73, 170, 202, 262, 323, 457, 505
Smart Planning Grant 73
Smarter Sustainable Dubuque 97, 292, 316, 477, See Sustainable Dubuque
Smarter Water 194, 314
SMG (Solutions Management Group) 202
SMG Food & Beverage, LLC 265
Smith, Chelsea 467, 480
Smith, Kelly Jo 259
Smith, Ron 286
Snow and Ice Removal Assessments 139
Solar Thermal Licensing, Permitting and Inspections 5, 33
Solid Waste Collection Monthly Based Fee 274, 275
Sorenson, PastorJohn 539
South Main Street 239
South Siegert Farm 107, 115, 268, 287, 300, 313, 371, 377
South Westbrook Drive 231
Southwest Arterial Project 5, 16, 31, 60, 63, 72, 73, 95, 166, 171, 297, 455, 538
Southwood, Brian 317
Book 141 INDEX 519
Spahn and Rose Lumber Company 301, 394
Specht, Tim 508
Special Olympics 6, 39
Special Sessions See also Work Sessions, Closed Sessions
2011 CDBG Annual Action Plan 92
Budget Recommendation 130
City Clerk Interviews 345
City Council Goal Setting 397, 404
Convention and Visitors Bureau 40
Departmental Budget Reviews 69, 70, 71, 90, 92, 93
Green and Healthy Homes Initiative 316
Green Vision Education 405
Greenhouse Gas Emissions 278
Intermodal Transportation Center 516
Redistricting Plan for Wards and Precincts 397
Roundabouts 538
Sustainable Dubuque 292, 477
Upper Bee Branch Creek Restoration Project
Work Session 425
Specific and Aggregate Stop -Loss Renewal 259
Spence, Gil 513
Spiegel Family Realty Company Iowa, LLC 231, 232, 423
Spiegelhalter, Jerry A. 104
Spiegelhalter, Melvin 78
Spiegelhalter, Melvin and Theresa 411
Splittstoesser, Stacy 463, 473
St. Mark Community Center 228, 260
Star Restaurant & Ultra Lounge 379, 380
State Auditor's Office 479
State Farm Insurance 177, 279
State Historical Society of Iowa 138, 283, 300
State of Iowa Annual Financial Report 479
State of Iowa Direct Financial Assistance 10, 107, 181, 323
State of Iowa Legislative Priorities 527
State Recreation Trails 261
Steenlage, Marie 76, 156, 216
Steffen, Charles 54
Steiner, James 22, 23
Steur, Angela 72
Steve's Ace Hardware 14, 548
Stewart, R.R.S. 58, 81, 136, 285, 308, 532, 554
Stewart, Terry! 467, 478
Stew -Mc Development, Inc. 562
Stiles, Jeff 319
Stiles, Jeff and Mindy 271, 289
Stillings, Doug 91, 561
Stillmunkes, Glen 508
Stipulations of Settlement - Property Tax Appeal 12, 486
Stoffel, Kevin 1 548
Stoltz, Chuck 239
Stone Cliff Winery 203, 204
Storm Sewer Intake Replacement 2011 261
Storm Water Fees for Spec Building 423
Stovall, M. Thomas 36, 93, 466, 537
Stover, Peggy 183
Strand Associates, Inc. 54, 142, 342, 415, 425, 487, 530
Streff, Chad 163
Stumpf, Sam 274
Substance Abuse Services Center (SASC) 40, 93, 198, 261, 479
520 INDEX Book 141
Sulcer, Charles 407, 426
Summer's Last Blast 301
Supplemental Engineering Project (SEP) Work Plan 297
Supplemental Flood Protection Measures 142
Sustainable Development Incentives for Residential Subdivisions 152
Sustainable Dubuque 68, 97, 233, 259, 278, 283, 292, 378, 394, 404, 410, 432, 460, 466, 477, 486, 546, See
Smarter Sustainable Dubuque
Watershed Network 194
Sustainable Public Health Protection Award 137
Sutton Pool 220
Sutton, Kathy 228
Sutton, Lynn 136, 152, 156, 211, 497
Swearings -In 156, 452, 497, 539
Sweeney, Kevin 53
Sweeney, Peter 426
Swinton, Billy 258
Sycamore Street 240
T
T &M, Inc. (Mario's Italian Restaurant) 14
Table Mound Elementary School 405, 471, 511
Taiko Restaurant, Inc 14
Tantra Thai Bistro 108, 109
Target Stores 487, 488
Tax Increment Financing (TIF) 242, 543, 544
Teamsters Local Union No. 120 64, 87, 182, 229
Ted Stackis Construction 44, 45, 159, 234, 546
Telegraph Herald Newspaper 13
Temple Beth El 516
Temporary Help for Processing Roofing Permits 363
Fast Company Magazine 12
Tenant Background Check Service Provider 195
Tenant Criminal Background Check Program 464
Tenth and Central Parking Ramp See Parking Division
Tenth Street 547
Teresa Shelter 322
Terracon Consultants 433, 456
Terris, Joyce M 137, 177
Terwilliger, Cindy 414
Texas Roadhouse 379,380
TFM, Co 204, 235, 263, 264, 265
Theile Geotech, Inc 320
Thermo Fischer Scientific, Inc. 12
Thomas, Diane 93, 198, 479
Thompson, Tom 435
Three Samurai in IA, Inc 109
Thurn, Louise 4, 21
Tigges, Betty 166, 498
Tigges, Ron 286
Timber -Hyrst Place 420
Timber -Hyrst Place No. 3 462, 474
Timber -Hyrst Subdivision 274
TM Logistics, Inc. 205, 225, 263
Tobacco Compliance -Civil Penalties for Tobacco License Holders 433, 548
Tobacco Outlet 203, 204, 235
Tom Koch, Inc. 265
Tony's Place 54
Top Grade Excavating, Inc. 289, 291, 524
Book 141 INDEX 521
Torero, LLC 324
Tott's Tap 203, 204
Towing Services 256
Town Clock Inn 77, 78
Townsville, Queensland, Australia 452
Tracey, Tressa 453
Trails Edge Drive 231
Transit Advisory Board
Membership 58, 81, 285, 308
Minutes Submitted 211, 279, 407, 453, 467, 516
Transit Division 94, See Jule Transportation System
Trantham, Sarah 72
Trees Forever 2,470
Tricon Construction 352, 513, 546
Triple 1 Land Co. LLC 511, 532
Tri -State Auto 258
Tri -State Blind Society 379, 381, 453
Tri -State Business Times 431
Tri -State Trails Vision 197, 261
Troester, Shawn 279
Tschiggfrie Excavating, Inc. 44, 255, 263, 353
Tuecke, Karen 228
Tully, Gene 405
TV Cable Community Teleprogramming Commission
Membership 270, 286
TV Cable Regulatory Commission
Membership 270, 286
Twelfth Street 45
Twenty -Eight E (28E) Agreement 256
Twenty -First (21st) Century Community Learning Center 218, 262
Twin Valley Drive 179
Twining, Connie 532, 554
Twisted Pickle, The 415
TwistHDM (Limelight) 234
U
U. S. Department of State 198
U.S. Conference of Mayors 68
U.S. Department of Commerce 529
U.S. Department of Housing and Urban Development (HUD) 76, 179, 218, 280, 432, 459, 523
U.S. Department of the Interior 231
U.S. Fish and Wildlife Service 393
U.S. Hwy 20 280, 455
U.S. Hwy 52 179, 453
U.S. Hwy 61 202
U.S. Hwys 61/151 99, 156, 179, 204, 225, 255
U.S. Mayor Magazine 317
Unforgivable Records 462
Unified Development Code 437
University Avenue 308, 385, 554
University of Dubuque 22, 23, 236, 272, 293, 460, 489, 512
University of Iowa 153, 194, 278
University of Wisconsin - Platteville 263
University Park Drive 22
Unmeasured Flow Reducer (UFR) 493
Upper Bee Branch Creek Restoration Project 362, 425
Upper Main Historic District 138
Urban Forest Evaluation Study 291
522 INDEX Book 141
Urban Mobility Coordinator 513
Urban Renewal Tax Increment Revenue Notes 326, 390
Urban Revitalization Program 74
Urban Youth Corps 118,226
USS Dubuque, The 36,279,396
V
Vacant and Abandoned Building and Problem Property Assessments 46, 297
Valeria Street 493
Van !ten, Richard 270, 286
VanAacken, C. Remake & M. 379
Vanguard Countertops, Inc 63, 64
Vannorsdel, Randy 175
Vaske, David 202
Veenstra & Kimm, Inc. 53
Vehicle Noise Enforcement 486
Velez, Tara 71, 513
Veterans' Freedom Center 466, 475
Veterans' Memorial Plaza 178
Veterans' Park 158
Vincent, Alan 270, 286
Vinny Vanucchi's 263, 265
Vision Iowa 161
Visu- Sewer, Inc. 226, 227, 505
Voetberg, Dirk 77
Voluntary Dental Plan 500
Volunteer Management Software 161
Vorwald Log & Lumber 487
w
W.C. Stewart 562
Wage Plan and Compensation Package for Non - Bargaining Unit Employees 86
Wagner, Bev 405
Wagner, Kay 271
Walgreen Drug 203, 204, 221, 235, 236
Walker, Teevie 345, 406
Wal -Mart Supercenter 235, 416
Walnut Tap 283, 285, 301
Walter Development, LLC 205, 225, 263
Walters, Jeffrey L. 3
Wand, Christopher 136, 270, 285, 286
Ward, Annalee 4, 21
Warehouse Redevelopment, LLC 62, 203
Waseem, Bushra 302
Washington Neighborhood 458
Washington Neighborhood Conservation District 56, 83
Washington Street 198, 281, 335, 393, 395, 411, 420, 482, 520, 549
Washington Tool Library 93, 213, 322
Water & Resource Recovery Center 342, 414
Naming 170
See also Water Pollution Control Plant 291
Water and Sanitary Services 361
Water Department 70
Water Meter Wireless Network Equipment 471
Water Meters and Related Accessories 493
Water Pollution Control Plant 234, 288, 312
Biosolids Management Program 63
Book 141 INDEX 523
Budget 70
Cogeneration Facilities 487
Construction Camera 499
Modifications Project 54, 77, 142, 162, 183, 234, 378, 415, 433, 487, 530
Renaming 170
Watershed Management Authority 528
Weather Spotter 90, 155
Weber, Allen 429, 470
Webster, Walt 270, 286
Weekely, Rachel Franklin 231
Weigh Scale House Project 531, 532
Weinberg, George 347, 407
Weiner, CraigJ 285, 301
Weinschenk, Lois 177, 198
Well Field Electrical Upgrades Project 415
Wellmark Foundation 196, 233
Welter, Monica 137, 156
Welu Trust, Christa 7, 41
Wenzel Towing 256
West 1761 Street 457
West 3rd Street 65, 236, 272, 479
West Dubuque Tap 204
West Locust Street 300, 486, 539
West Nile Disease 203
Westbrook Park 3
Westbrook Subdivision 167, 168, 169, 231, 414
Westminster Presbyterian Church 7
Westphal & Co., Inc. 180
Westrum Leak Detection 471
Westside Court 9, 355
Wethal, Kate 426
Wethal, Robert and Katy 407
Whiskey River 162, 163
White Street 547
White Water Creek Bridge 549
White, Daniel 129, 218, 219, 294, 430, 431, 545, 546
W H KS & Co. 263
Wiblin, Reverend Maria 1, 317
Wild Rose Estates 294, 493
Wild Rose Lane 466, 471, 493
Willenborg, Harlan 473, 492
Willenborg, Jody 435, 463
Willenbring, Ann 177
Willgen, Mark 211
Willging, Jody 544
William J. Wagner Award 283
William Peterson Architects 435
Willis, Michael 41
Willis, Tony 258
Wingate Place Subdivision 499
Winterwood, Charles 136, 169, 337
Wipperfurth, Keith 272
Witthoeft, Chad 136
Wittman, Marlin 407
Wittstock, Tim and Kim 407
WKHS & Co. 236
WMK Investment Properties 294, 466, 471
Wolf, Judy 317
Wolff, Dan 271
524 INDEX Book 141
Wood Street 307, 338
Woodline, Inc 14, 530
Woodman, Myra 234
Worcester, Rick 184, 235, 284, 415, 433
Word of Life Church 211
Work Sessions
Family Self- Sufficiency Program 423
Green House Gas Reduction 394
Green Vision Education 394
Intermodal Transportation Center 514
Missouri River Flooding 452
Roundabouts 495
Safe Community Task Force Recommendations 91
Sustainable Dubuque 68, 97, 466
Worker Adjustment and Retaining Notification (WARN) 543
Workers' Compensation 53, 158, 282, 460, 471, 480
WP Investments 481, 482
Wurtz, Joanne 177
Y
Yamaha Commercial Customer Finance 108
Yardarm Restaurant 143, 144
Yen Ching Restaurant 487, 488
Yiannias Place 4, 26
Yoko, Greg and /or Kim 407, 426
Young, David 4, 21, 294
Young, Elizabeth L 98, 99
Youtzy Subdivision 199, 200
Youtzy, Ricky 200
z
Zaber, J. Thomas 177
Zainab, Habeeba 234
Zenner, Tony 480,481
Zoning Advisory Commission 272, 309
16th and Jackson Streets Lot 493 469
2005 Asbury Road 223
2155 Rockdale Road 532
2175 Holliday Drive 558
2763 University Avenue 385, 554
340 Olympic Heights 470
3400 Block of Keymont Drive 435
3485 Windsor Avenue 435
Asbury Plaza 511
1.1. Kemp Place 503
Leibfried Place 468
Membership 270, 286, 319, 384, 418, 491, 510
Minutes Submitted 72, 137, 177, 211, 258, 293, 346, 426, 467, 498, 539
Old Military Road 544
Pine View Subdivision 428
Zoning Board of Adjustment
Membership 113, 146
Minutes Submitted 7, 211, 293, 346, 498, 539