11 18 13 City Council Proceedings Official_Regular
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on November 18, 2013
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in the Historic Federal Building, 350 W. 6 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 called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Resnick. Motion carried 7-0.
Minutes and Reports Submitted: Cable TV Commission of 10/2; City Council pro-
ceedings of 11/4; Civic Center Advisory Commission of 10/28; Civil Service Commission
of 11/12; Library Board of Trustees of 9/26 and update of 10/24; Safe Community Advi-
sory Committee of 9/11; Zoning Advisory Commission of 11/6; Proof of Publication for
City Council proceedings of 10/21; Proof of Publication for List of Claims and Summary
of Revenues Month Ended 9/30. Upon motion the documents were received and filed.
Notice of Claims and Suits: Scott Estal for personal injury; Nancy Freiburger for per-
sonal injury; Joseph Healey for property damage; Steven Steines for vehicle damage.
Upon motion the documents were received, filed and referred to the City Attorney.
Disposition of Claims: City Attorney advising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Robert Allemann for property damage; Nancy Freiburger for personal in-
jury. Upon motion the documents were received, filed and concurred.
Project HOPE - National League of Cities Conference Presentation: correspondence
from Eric Dregne, Vice President of Strategic Initiatives for the Community Foundation
of Greater Dubuque, informing the City that Project HOPE was invited to present on Re-
Engage Dubuque at the National League of Cities Conference in Seattle, Washington,
November 13-16, 2013. Upon motion the documents were received and filed.
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Abstract of Votes - 2013 General Election: Dubuque County Board of Supervisors
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submitting the Abstract of Votes for the General Election held the 5 day of November,
2013. Upon motion the documents were received and filed.
Smarter Cities Challenge - Workforce Solutions: City Manager recommending ap-
proval of the IBM Smarter Cities Challenge application to address workforce develop-
ment issues. Upon motion the documents were received, filed and approved.
Fiscal Year 2013 State of Iowa Annual Financial Report: City Manager recommend-
ing approval of the City of Dubuque's Fiscal Year 2013 Annual Financial Report. Upon
motion the documents were received, filed and approved.
Gavilon Grain - Assignment of Gypsum Storage and Handling Agreement with Bene-
ficial Reuse Management: City Manager recommending approval of the Assignment of
the Gypsum Storage and Handling Agreement from the City of Dubuque to Gavilon
Grain. Upon motion the documents were received and filed and Resolution No. 321-13
Approving the assignment of Gypsum Storage and Handling Agreement between the
City of Dubuque, Iowa and Gavilon Grain, LLC was adopted.
RESOLUTION NO. 321-13
APPROVING THE ASSIGNMENT OF GYPSUM STORAGE AND HANDLING
AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND GAVILON GRAIN,
LLC.
Whereas, the City of Dubuque, Iowa entered into a Gypsum Storage and Handling
Agreement with Beneficial Reuse Management, LLC on July 31, 2012 for use of the
City’s Salt Site; and
Whereas, the City also entered into a long-term lease with Gavilon Grain, LLC on
August 5, 2013, for operations on the same site; and
Whereas, Gavilon Grain, LLC has requested an assignment of the Gypsum Storage
and Handling Agreement with Beneficial Reuse Management, LLC from the City of
Dubuque to align with their lease; and
Whereas, Beneficial Reuse Management has consented to the Assignment; and
Whereas, the City Council of the City of Dubuque finds that the City of Dubuque
should consent to the Assignment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque hereby approves the Assignment of Gypsum Storage
and Handling Agreement, a copy of which is attached hereto.
Section 2. The Mayor is authorized and directed to sign the Assignment of Gypsum
Storage and Handling Agreement on behalf of the City of Dubuque.
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Passed, approved and adopted this 18 day of November, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Usha Park Parking Lot Project - Recording Memo: City Manager recommending that
the award for the Usha Park Parking Lot Project to Drew Cook & Sons Excavating, Inc.,
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be officially recorded in the minutes of the City Council. Upon motion the documents
were received, filed and made a Matter of Record.
Plat of Survey - 1895 Kennedy Road: Zoning Advisory Commission requesting ap-
proval of the Plat of Survey for Westview Shopping Center Place No. 4 Lots 1 and 2.
Upon motion the documents were received and filed and Resolution No. 322-13 Ap-
proving the Plat of Survey Lot 1 and Lot 2 of Westview Shopping Center Place No. 4
was adopted.
RESOLUTION NO. 322-13
APPROVING THE PLAT OF SURVEY LOT 1 AND LOT 2 OF WESTVIEW SHOPPING
CENTER PLACE NO. 4
Whereas, there has been filed with the City Clerk a Plat of Survey Lot 1 and Lot 2 of
Westview Shopping Center Place No. 4 in the City of Dubuque; and
Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 and Lot 2 on a pub-
lic 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 examined by the Zoning Advisory Commis-
sion and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find
that it conforms to the statutes and ordinances relating 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 Code of Ordinances, Unified Devel-
opment Code, is waived to allow 0 feet of frontage on a public or approved private street
for Lot 1 and Lot 2.
Section 2. That the Plat of Survey Lot 1 and Lot 2 of Westview Shopping Center
Place No. 4 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
Survey.
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Passed, approved and adopted this 18 day of November, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
REAP Grant Agreement for Iowa 32 Bike/Hike Trail - Phase 4: City Manager recom-
mending approval of a resolution and the Fiscal Year 2014 REAP grant agreement re-
lated to Phase 4 of the Iowa 32 Bike/Hike Trail along the Northwest Arterial from Hol-
liday Drive to Pennsylvania Avenue. Upon motion the documents were received and
filed and Resolution No. 323-13 Authorizing REAP Grant application to Iowa Depart-
ment of Natural Resources for Phase 4 of the Iowa 32 Bike/Hike Trail was adopted.
RESOLUTION NO. 323-13
AUTHORIZING REAP GRANT APPLICATION TO IOWA DEPARTMENT OF NATU-
RAL RESOURCES FOR PHASE 4 OF THE IOWA 32 BIKE/HIKE TRAIL
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Whereas, the Iowa Department of Natural Resources has allocated grant funds in the
REAP (Resource Enhancement and Protection) Program for the development of
bike/hike trails; and
Whereas, the City of Dubuque has adopted the 2008 Comprehensive Plan that in-
cludes goals for development of bike/hike trails; and
Whereas, the City of Dubuque has adopted the 2008 Tri-State Trail Plan that in-
cludes Phase 4 of the Iowa 32 Bike/Hike Trail as a High Priority project.
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 Manag-
er is hereby authorized to submit an application to the Iowa Department of Natural Re-
sources for REAP funds for Phase 4 of the Iowa 32 Bike/Hike Trail.
Section 2. That in the event said application is approved, the City Council hereby
provides its written assurance that the completed project will be adequately maintained
for its intended use in accordance with state requirements.
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Passed, approved and adopted this 22 day of November, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
AmeriCorps Grant Application: City Manager recommending approval of the 2014-
2015 AmeriCorps Grant application recently submitted to the Iowa Commission on Vol-
unteer Service. Upon motion the documents were received, filed and approved.
Dodd's River Terminal, Inc.: City Attorney submitting a Quit Claim Deed and Resolu-
tion releasing all interests in certain real estate in the South Port related to Dodd's River
Terminal, Inc. Upon motion the documents were received and filed.
Purchase of Property - 1401 and 1421 Elm Street: City Manager recommending au-
thorization for the City of Dubuque to enter into a purchase agreement with Angela
Mangeno to acquire 1401-1421 Elm Street. Upon motion the documents were received
and filed and Resolution No. 324-13 Approving the acquisition of real estate known as
Lot 142 in East Dubuque Addition 1401-1421 Elm Street in the City of Dubuque, Iowa,
was adopted.
RESOLUTION NO. 324-13
APPROVING THE ACQUISITION OF REAL ESTATE KNOWN AS LOT 142 IN EAST
DUBUQUE ADDITION 1401-1421 ELM STREET IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque, Iowa intends to acquire certain property located in the
Washington Street Neighborhood Revitalization Program area; and
Whereas, the acquisition of this property is a voluntarily negotiated purchase by the
City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by
the City of Dubuque through; and
Whereas, a purchase agreement has been finalized with the owner of the property
scheduled for acquisition and an Acknowledgment of Voluntary Negotiation and Pur-
chase of Property Affidavit has been executed by the owner.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. That the City of Dubuque, Iowa hereby approves the acquisition of the fol-
lowing legally described property:
Lot 142 in East Dubuque Addition 1401-1421 Elm Street, in the City of Dubuque, Io-
wa, according to the recorded plat thereof
At the cost of Eighty Thousand and 00/100 Dollars ($80,000.00).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran-
ty Deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for
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 a certified copy of this Resolution.
Section 4. That the City Clerk be and is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
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Passed, approved and adopted this 22 day of November, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Purchase of Property - 2426 Washington Street: City Manager recommending acqui-
sition of property at 2426 Washington Street from Merlin and Mary Rose Reuter, author-
izing acceptance of the Warranty Deed and any other related steps necessary to carry
out the terms of the offer. Upon motion the documents were received and filed and
Resolution No. 325-13 Approving the acquisition of real estate owned by Merlin Reuter
and Mary Rose Reuter in the City of Dubuque was adopted.
RESOLUTION NO. 325-13
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY MERLIN REUTER
AND MARY ROSE REUTER IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain real estate located immedi-
ately adjacent to the area of the Bee Branch Creek Restoration Project for stormwater
mitigation activities as recommended in the 2001 “Drainage Basin Master Plan”; and
Whereas, this certain real estate is not currently part of or located within the Bee
Branch Creek Restoration Project; and
Whereas, the owners of this certain real estate approached the City of Dubuque vol-
untarily and proposed that the City of Dubuque acquire the property for possible future
addition to, but not currently as part of, the Bee Branch Creek Restoration Project; and
Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the
City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by
the City of Dubuque through its exercise of the power of eminent domain under Chapter
6B of the Code of Iowa; and
Whereas, a purchase agreement and an amendment thereto have been finalized
with the owners of the real estate scheduled for acquisition and an Acknowledgment of
Voluntary Negotiation has been executed by the owners.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the City of Dubuque, Iowa hereby approves the acquisition of the fol-
lowing legally described real estate:
The North ½ of Lot 21 in O.S. Langworthy’s Subdivision at the cost of Sixty-Nine
Thousand and 00/100 Dollars ($69,000.00).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran-
ty Deed from the owners, 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 a certified copy of this Resolution.
Section 4. That the City Clerk be and is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
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Passed, approved and adopted this 18 day of November, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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Purchase of Property - 510 East 22 Street: City Manager recommending approval
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to purchase property at 510 E. 22 Street from Anomaly on Music Row, L.C., and au-
thorize acceptance of the Warranty Deed and any other related steps necessary to car-
ry out the terms of the offer. Upon motion the documents were received and filed and
Resolution No. 326-13 Approving the acquisition of real estate owned by Anomaly on
Music Row, L.C. in the City of Dubuque was adopted.
RESOLUTION NO. 326-13
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ANOMALY ON
MUSIC ROW, L.C. IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain real estate located near the
area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as
recommended in the 2001 “Drainage Basin Master Plan”; and
Whereas, this certain real estate is not currently part of or located within the Bee
Branch Creek Restoration Project; and
Whereas, the owner of this certain real estate approached the City of Dubuque volun-
tarily and proposed that the City of Dubuque acquire the property for possible future ad-
dition to, but not currently as part of, the Bee Branch Creek Restoration Project; and
Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the
City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by
the City of Dubuque through its exercise of the power of eminent domain under Chapter
6B of the Code of Iowa; and
Whereas, a purchase agreement and an amendment thereto have been finalized
with the owner of the real estate scheduled for acquisition and an Acknowledgment of
Voluntary Negotiation has been executed by 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 fol-
lowing legally described real estate:
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Lot 8 of Mineral Lot 314, in the city of Dubuque, Iowa, according to the
recorded plat thereof at the cost of One Hundred Twenty Thousand and
00/100 Dollars ($120,000.00) and reimbursements, not to exceed a total
amount of One Hundred Thirty-One Thousand Dollars ($131,000.00).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran-
ty Deed from the owners, 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 a certified copy of this Resolution.
Section 4. That the City Clerk be and is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
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Passed, approved and adopted this 18 day of November, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Purchase of Property - 427-429 Rhomberg Avenue: City Manager recommending
approval to purchase property at 427-429 Rhomberg Avenue and authorize acceptance
of the Warranty Deed and any other related steps necessary to carry out the terms of
the offer. Upon motion the documents were received and filed and Resolution No. 327-
13 Approving the Acquisition of real estate owned by John P. Mihalakis and Richard L.
Billmeyer, D/B/A Junie & Rich's Coin Partnership, in the City of Dubuque was adopted.
RESOLUTION NO. 327-13
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY JOHN P. MIHALA-
KIS AND RICHARD L. BILLMEYER, D/B/A JUNNIE & RICH’S COIN PARTNERSHIP,
IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain real estate located immedi-
ately adjacent to the area of the Bee Branch Creek Restoration Project for stormwater
mitigation activities as recommended in the 2001 “Drainage Basin Master Plan”; and
Whereas, this certain real estate is not currently part of or located within the Bee
Branch Creek Restoration Project; and
Whereas, the owners of this certain real estate approached the City of Dubuque vol-
untarily and proposed that the City of Dubuque acquire the property for possible future
addition to, but not currently as part of, the Bee Branch Creek Restoration Project; and
Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the
City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by
the City of Dubuque through its exercise of the power of eminent domain under Chapter
6B of the Code of Iowa; and
Whereas, a purchase agreement has been finalized with the owners of the real es-
tate scheduled for acquisition and an Acknowledgment of Voluntary Negotiation has
been executed by 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 fol-
lowing legally described real estate:
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Lots 9 and 10 of Smedley’s Subdivision
Lot 8 of Smedley’s Subdivison
Lot 7 and The Ne ½ of Lot 6 of Smedley’s Subdivision and the NE 14’
8” of Lot 2 of Lot 1 of Lot 5 of Lot 9 of Kniest’s Subdivision at the cost of
One Hundred Thirty Thousand and 00/100 Dollars ($130,000.00).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran-
ty Deed from the owners, 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 a certified copy of this Resolution.
Section 4. That the City Clerk be and is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
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Passed, approved and adopted this 18 day of November, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Code of Ordinances - Adoption of Supplement No. 13: City Clerk recommending
adoption of Supplement No. 13 to the City of Dubuque Code of Ordinances, which codi-
fies Ordinance Nos. 19-13 through 22-13, 24-13 through 27-13, 30-13 through 35-13,
and 39-13 through 48-13 as adopted by the City Council and enacted through Septem-
ber 20, 2013. Upon motion the documents were received and filed and Resolution No.
328-13 Adopting Supplement No. 13 to the Code of Ordinances of the City of Dubuque,
Iowa, was adopted.
RESOLUTION NO. 328-13
ADOPTING SUPPLEMENT NO. 13 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 entire-
ty; 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 13 of the Code of Ordinances of the City of Dubu-
que, Iowa, covering Supplement No. 13 which codifies Ordinance Nos. 19-13 through
22-13, 24-13 through 27-13, 30-13 through 35-13, and 39-13 through 48-13 passed by
the City Council and enacted through September 20, 2013, 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.
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Passed, approved and adopted this 18 day of November, 2013.
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Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC City Clerk
ARC Transfer Center Phase I Project Acceptance: City Manager recommending ac-
ceptance of the construction contract for the ARC Transfer Center Phase I Project, as
completed by Murphy Construction. Upon motion the documents were received and
filed and Resolution No. 329-13 Accepting the ARC Transfer Center Phase I Project
and authorizing the payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 329-13
ACCEPTING THE ARC TRANSFER CENTER PHASE I PROJECT AND AUTHORIZ-
ING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the ARC Transfer Center Phase I Pro-
ject (the Project) has been completed and 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 Pro-
ject 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
Public Transit Infrastructure Grant (PTIG) for the contract amount of $244,231.00 less
any retained percentage provided for therein as provided in Iowa Code chapter 573,
and to pay such retainage only in accordance with the provisions of Iowa Code chapter
573.
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Passed, approved and adopted this 18 day of November, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
Historic Preservation Commission: Historic Preservation Commission submitting a
request to appoint Commissioner Robert McDonell as a temporary commissioner for the
Jackson Park Historic District due to a change in residency and until such time that a
resident of the district applies and is appointed. Upon motion the documents were re-
ceived, filed and approved.
Citizen Correspondence: Correspondence from Dave and Anne Hartig regarding the
use of engine brakes within the city limits. Upon motion the documents were received,
filed and referred to the City Manager.
Sixteenth Street Railroad Crossing Approach Pavement Removal and Replacement
Project Acceptance: City Manager recommending acceptance of the construction con-
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tract for the 16 Street Railroad Crossing Approach Pavement Removal and Replace-
ment Project, as completed by Portzen Construction, Inc. Upon motion the documents
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were received and filed and Resolution No. 330-13 Accepting the 16 Street Railroad
Crossing Approach Pavement Removal & Replacement Project and authorizing the
payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 330-13
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ACCEPTING THE 16 STREET RAILROAD CROSSING APPROACH PAVEMENT
REMOVAL & REPLACEMENT PROJECT AND AUTHORIZING THE PAYMENT OF
THE CONTRACT AMOUNT TO THE CONTRACTOR
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Whereas, the Public Improvement Contract for the 16 Street Railroad Crossing Ap-
proach Pavement Removal & Replacement Project (the Project) has been completed
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
Railroad Crossing Improvements and the Rehabilitation Railroad Tracks capital im-
provement appropriation for the contract amount of $42,117.78 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.
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Passed, approved and adopted this 18 day of November, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2013 ACCESS
RAMP INSTALLATION PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 2013 Access Ramp Installation Project, 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 $42,117.78.
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Dated this 15 day of November, 2013.
/s/Robert Schiesl, Assistant City Engineer
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Filed in the office of the City Clerk on the 15 day of November, 2013.
/s/Kevin S. Firnstahl, CMC City Clerk
Signed Contracts: Docking license agreement with American River Transportation
Co., d/b/a Artco Fleeting Service. Upon motion the documents were received and filed.
Alcohol Compliance Civil Penalty for Alcohol License Holders – Mindframe Theaters:
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Mindframe Theaters, 555 JFK Road, #105. Upon
motion the documents were received, filed and approved.
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Alcohol Compliance Civil Penalty for Alcohol License Holders – Olive Garden Italian
Restaurant: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Olive Garden Italian Restaurant, 3350
Dodge Street. Upon motion the documents were received, filed and approved.
Alcohol License Applications: City Manager recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon motion the documents were received and
filed and Resolution No. 331-13 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li-
cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses
and Permits was adopted.
RESOLUTION NO. 331-13
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City Council for approval and the same have been examined and ap-
proved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation.
Renewals
Aragon Tap 1103 Iowa Class C Liquor (Sunday)
Grand Harbor Resort & Water Park 350 Bell St. Class B Liquor (Sunday) (Outdoor)
(Catering)
Holiday Inn Dubuque Five Flags 450 Main St. Class B Liquor (Sunday)
Hotel Julien Dubuque 200 Main St. Class B Liquor (Sunday) (Outdoor)
Kwik Stop Food Mart 2320 Hwy 61 Class C Beer, Class B Native Wine
(Sunday)
Steve's Ace Home & Garden 3350 JFK Class B Native Wine Permit (Sunday)
New
Skinny Maginny’s 123 S. Main St. Class C Liquor (Catering)
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Passed, approved and adopted this 18 day of November, 2013.
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
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
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law. Seconded by Jones. Motion carried 7-0.
Sale of Property - West of 1895 John F. Kennedy Road: City Manager recommend-
ing that a public hearing be set for December 2, 2013, for the purpose of disposing of
the 1.4 acre City-owned parcel adjacent to and west of 1895 John F. Kennedy Road to
Molo Oil Company. Upon motion the documents were received and filed and Resolution
No. 332-13 Resolution of Intent to dispose of an interest in City-owned real property by
sale to Molo Oil Company was adopted setting a public hearing for December 2, 2013 in
the Historic Federal Building.
RESOLUTION NO. 332-13
INTENT TO DISPOSE OF AN INTEREST IN CITY OWNED REAL PROPERTY BY
SALE TO MOLO OIL COMPANY
Whereas, the City of Dubuque, Iowa (City) owns the following real property (the
Property):
Lot 1 of Westview Shopping Center Place No.4, in the City of Dubuque, Iowa; and
Whereas, City has entered into an Agreement with Molo Oil Company (Molo), a copy
of which is attached hereto, to sell the Property to Molo; and
Whereas, the City Council has tentatively determined that it would be in the best in-
terests of the City to approve the Agreement with Molo.
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 real property by sale pursuant to the Agreement between City and Molo.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code Section 364.7 of a public
hearing on the City's intent to dispose of an interest in the foregoing-described real
nd
property, to be held on the 2 day of December, 2013, at 6:30 p.m. at the City Council
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Chambers, at the Historic Federal Building, 350 West 6 Street, Dubuque, Iowa.
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Passed, approved and adopted this 18 day of November, 2013.
Roy D. Buol, Mayor
ATTEST: Kevin S. Firnstahl, City Clerk
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Request to Rezone - 1822 Creek Wood Drive: Proof of publication on notice of public
hearing to consider a request by Marty McNamer to rezone property at 1822 Creek
Wood Drive from C-2c Neighborhood Shopping Center District with Conditions to R-3
Moderate Density Multi-Family Residential District and the Zoning Advisory Commission
recommending approval. Motion by Connors to receive and file the documents and that
the requirement that a proposed ordinance be considered and voted on for passage at
two Council meetings prior to the meeting at which it is to be passed be suspended. Se-
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conded by Braig. Planning Services Manager Laura Carstens provided a staff report.
Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 52-13
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 1822 Creek Wood Drive
from C-2 Neighborhood Shopping Center District with conditions to R-3 Moderate Den-
sity Multi-Family Residential District. Seconded by Braig. Motion carried 7-0.
ORDINANCE NO. 52-13
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 1822 CREEK WOOD DRIVE FROM C-2 NEIGHBOR-
HOOD SHOPPING CENTER DISTRICT WITH CONDITIONS TO R-3 MODERATE
DENSITY MULTI-FAMILY 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, the Unified De-
velopment Code, is hereby amended by reclassifying the hereinafter-described property
from C-2 Neighborhood Shopping Center District, with conditions to R-3 Moderate Den-
sity Multi-Family Residential District, to wit:
Lot 3 of Timber-Hyrst Estates #2, and to the centerline of the adjoining public
right-of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zon-
ing Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication, as provided
by law.
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Passed, approved and adopted this 18 day of November, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
nd
Sale of Property - 317-319 East 22 Street: Proof of publication on notice of public
nd
hearing to consider the sale of City-owned real estate at 317-319 East 22 Street to
Danielle L. Minnick and the City Manager recommending approval. Motion by Braig to
receive and file the documents and adopt the Resolution No. 333-13 Approving the sale
of real estate specifically 317-319 East 22nd Street. Seconded by Jones. Motion carried
7-0.
RESOLUTION NO. 333-13
ND
APPROVING THE SALE OF REAL ESTATE SPECIFICALLY 317-319 EAST 22
STREET
Whereas, pursuant to a notice, duly published in the Telegraph Herald newspaper, in
the City Council of Dubuque, Iowa, met on November 4, 2013, in the Dubuque Historic
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Federal Building, 350 West 6 Street, Dubuque, Iowa to consider the proposal to dis-
nd
pose of City-owned real estate located at 317-319 East 22 Street:
Lot 1-3 Kemp’s Subdivision, in the City of Dubuque, County of Dubuque, Iowa; and
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Whereas, a qualifying home buyer, Danielle L. Minnick, has signed an offer to pur-
chase 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 Dubu-
que, Iowa, in the herein and above-named real estate 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:
Lot 1-3 Kemp’s Subdivision, in the City of Dubuque, County of Dubuque, Iowa, ac-
cording to the recorded plat thereof, at the cost of Ninety-Five Thousand Dollars
($95,000).
Section 2. That the City of Dubuque be and is hereby authorized to provide a War-
ranty Deed to the buyer, conveying the City’s interest to Danielle L. Minnick for the here-
in-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 authorized and directed to forward a
copy of this Resolution to the Dubuque Count Assessor and the Dubuque County Audi-
tor.
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Passed, approved and adoptedthis 18 day of November, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Fire Station No. 4 Mechanical and Restroom Upgrade Project: Proof of publication on
notice of public hearing to consider approval of plans, specifications, form of contract,
and estimated cost for the Fire Station No. 4 Mechanical and Restroom Upgrade Project
and the City Manager recommending approval. Motion by Jones to receive and file the
documents and adopt Resolution No. 334-13 Approval of plans, specifications, form of
contract, and estimated cost for the Fire Station No. 4 Mechanical and Restroom Up-
grade Project. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 334-13
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR FIRE STATION NO. 4 MECHANICAL AND RESTROOM UPGRADE
PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, and form of contract now on file in the Office
of the City Clerk and estimated cost for Fire Station No. 4 Mechanical and Restroom
Upgrade Project, in the estimated amount $126,550.00, are hereby approved.
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Passed, adopted and approved this 18 day of November, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
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Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Sustainable Dubuque Community Grant Recommendations Round 3: City Manager
recommending funding of Round 3 of the Sustainable Dubuque Community grant appli-
cations. Motion by Connors to receive and file the documents and approve the recom-
mendation. Seconded by Jones. Motion carried 7-0.
Drainage Basin Master Plan 2013 Amendment: City Manager recommending adop-
tion of the 2013 Amendment to the Drainage Basin Master Plan. Motion by Jones to re-
ceive and file the documents and adopt Resolution No. 335-13 Adopting the City of
Dubuque 2013 Drainage Basin Master Plan Amendment. Seconded by Connors. Civil
Engineers Deron Muehring and Jon Dienst responded to questions from the City Coun-
cil regarding the criteria by which the alleys are chosen for permeable pavers, cost
comparisons, soil conditions, slope/grade issues and assessments. Motion carried 6-1
with Resnick voting nay.
RESOLUTION NO. 335-13
ADOPTING THE CITY OF DUBUQUE 2013 DRAINAGE BASIN MASTER PLAN
AMENDMENT
Whereas, the City of Dubuque (City) is committed to developing a stormwater man-
agement master plan; and
Whereas, the City of Dubuque retained the firm of HDR Engineering, Inc. (HDR) to
produce a drainage basin master plan; and
Whereas, the City Council of the City of Dubuque adopted a drainage basin master
plan authored by HDR in 2001; and
Whereas, the City of Dubuque hired HDR in 2012 to amend the drainage basin mas-
ter plan; and
Whereas, the HDR has authored the 2013 Drainage Basin Master Plan Amendment
(2013 Amendment); and
Whereas, the 2013 Amendment does not replace but augments the Drainage Basin
Master Plan adopted in 2001; and
Whereas, the 2013 Amendment addresses flooding problems and issues in the City
of Dubuque and recommends certain public improvements to implement the plan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
The That the City of Dubuque 2013 Drainage Basin Master Plan Amendment prepared
by HDR Engineering, Inc., is hereby adopted.
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Passed, approved and adopted this 18 day of November, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
State Flood Mitigation Grant Application: City Manager recommending approval to
submit an application to the State of Iowa Flood Mitigation Program Board for
$98,494,178 in state sales tax increment funding for the Bee Branch Watershed Flood
15
Mitigation Project. Motion by Braig to receive and file the documents and adopt Resolu-
tion No. 336-13 Approving application for State of Iowa Flood Mitigation Program fund-
ing for the Bee Branch Watershed Flood Mitigation Project; and Resolution No. 337-13
Local match resolution for the Flood Mitigation Program. Seconded by Braig. Civil Engi-
neer Deron Muehring, Planning Services Manager Laura Carstens, Assistant City Man-
ager Teri Goodmann, and Budget Director Jenny Larson presented a slide presentation
that provided information on Dubuque’s flooding history and associated costs; water-
shed hydrology; Drainage Basin Master Plan; watershed solutions and project phases;
conformance with City goals, priorities, policies and initiatives; citizen advisory commit-
tee; funding options, sources and funding request; partnerships; financial detail; and
state sales tax increment funding; The video documenting the flood of July 2011 was
presented. Staff responded to questions from City Council. Motion carried 7-0.
RESOLUTION NO. 336-13
APPROVING APPLICATION FOR STATE OF IOWA FLOOD MITIGATION
PROGRAM FUNDING FOR THE BEE BRANCH WATERSHED FLOOD MITIGATION
PROJECT
Whereas, Six Presidential Disaster Declarations have been issued for flooding, se-
vere storms and tornados between 1999 and 2011 due to flash flooding; and
Whereas, the Bee Branch Watershed, which includes the City of Dubuque’s most de-
veloped areas where over 50% of city residents either live or work, has experienced
flooding impacting thousands of properties and over seventy businesses; and
Whereas, the City Council of the City of Dubuque has adopted a drainage basin mas-
ter plan authored by HDR Engineering that outlines improvements collectively referred
to as the Bee Branch Watershed Flood Mitigation Project; and
Whereas, the State Flood Mitigation Program was created in 2012 establishing a
Sales Tax Increment Fund which is to consist of state sales tax increments from im-
pacted areas; and
Whereas, the City of Dubuque has completed The City of Dubuque’s Iowa Flood Mit-
igation Program Flood Mitigation Project Application (the Application) requesting the use
of $98,494,178.00 in sales tax increment funds for the Bee Branch Watershed Flood
Mitigation Project, a copy of which Application is on file in the Office of the City Clerk;
and
Whereas, the Application requires that the City Council agree to provide and make
available up to $76,678,802.00 in local monies to be used to meet the local match re-
quirement of the State Flood Mitigation Program; and
Whereas, the City must establish an authorized representative able to execute on
behalf of the City of Dubuque the Bee Branch Watershed Flood Mitigation Project for
the purpose of obtaining financial assistance through the State Flood Mitigation Pro-
gram.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The City of Dubuque’s Iowa Flood Mitigation Program Flood Mitigation
Project Application for the State of Iowa Flood Mitigation Program state sales tax incre-
ment funding for the Bee Branch Watershed Flood Mitigation Project is hereby approved.
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Section 2. The City Manager and the City Budget Director are hereby approved to serve
as authorized representatives to execute on behalf of City of Dubuque the Bee Branch
Watershed Flood Mitigation Project for the purpose of obtaining financial assistance
through the State Flood Mitigation Program.
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Passed, approved and adopted this 18 day of November, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 337-13
LOCAL MATCH RESOLUTION FOR THE FLOOD MITIGATION PROGRAM
Whereas, City of Dubuque (hereinafter called “Applicant”), County of Dubuque, has
made application through the Iowa Homeland Security and Emergency Management
Division (HSEMD) for funding from the Flood Mitigation Program in the amount of
$200,929,536 for the total project cost.
THEREFORE, the Applicant agrees to provide and make available up to $76,678,802
(seventy-six Million, six hundred seventy-eight thousand, eight hundred two dollars) of
local monies to be used to meet the match requirement for this flood mitigation project
application.
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The resolution was passed and approved the 18 day of November, 2013.
Signatures of Council or Board Members:
Roy D. Buol, Mayor
Karla A. Braig, Council Member
Joyce E. Connors, Council Member
Ric W. Jones, Council Member
Kevin J. Lynch, Council Member
David T. Resnick, Council Member
Lynn V. Sutton, Council Member
Attest: Kevin S. Firnstahl, City Clerk
I submit this form for inclusion with the Flood Mitigation Project Application.
/s/Michael C. Van Milligen, City Manager
Special Assessments Interest Rates: City Manager recommending approval to re-
duce the special assessment interest rate from 9% to 3%, creating an opportunity for
property owners to pay their assessments at 3% interest over 15 years. Motion by Con-
nors to receive and file the documents and approve the recommendation. Seconded by
Braig. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Braig welcomed Boy Scout Troup 48 and thanked them for attend-
ing the meeting. Braig also asked for consensus from the Council for asking staff to in-
vestigate ordinances regulating payday establishments and for the Environmental
Stewardship Advisory Commission to provide information on fracking. Both items were
referred to staff.
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Council member Jones acknowledged Troup 48 Scout Master and Building Services
Inspector Jeff Zasada and thanked the Fire Department for their efforts on the early-
morning fire on Roosevelt Street.
There being no further business, upon motion the City Council adjourned at 8:26 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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