5 18 09 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on May 18, 2009 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
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 Jeff Fogle, Associate Pastor, Christ Church of Dubuque
PROCLAMATIONS
Scoutreach Day (May 30, 2009) was accepted by Colin Earl, 10601 Military Road, of the
Northeast Iowa Council of the Boy Scouts of America; Relay for Life Days (May 29 and 30,
2009) was accepted by Jodi Federspiel, 40 Nevada Street, and Phil Arensdorf, 3237 Brook
Hollow Drive; National Tourism Month (May, 2009) was accepted by Keith Rahe, Convention
and Visitor’s Bureau Director, 30254 Golf Course Road, Dyersville; Kim Wadding Day (May 26,
2009) was accepted by Police Chief Kim Wadding, 770 Iowa Street.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Braig. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 3/24;
Cable TV Teleprogramming Commission of 4/7; City Council of 5/1, 5/4 and 5/11; Civil Service
Commission of 3/31; Environmental Stewardship Advisory Commission of 5/5; Historic
Preservation Commission of 4/16; Housing Code Appeals Board of 10/21/08; Library Board of
3/26 and 4/15; Long Range Planning Advisory Commission of 4/15; Transit Board of Trustees
of 3/28; Zoning Board of Adjustment of 4/23
Proofs of publication of City Council Proceedings of April 20 and May 1, 2009
Upon motion the documents were received and filed.
Notice of Claims/Suits: Paula Nicholson for vehicle damage; Larry A. Vogt for vehicle
damage; Michael Haun for vehicle damage; Lakeesha Wheeler for property damage; Terrance
J. Reisdorf for personal injury; Clint Duffy, d/b/a Garrett Waterproofing, for expenses incurred.
Upon motion the documents were received and filed and referred to the City Attorney.
City Attorney advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Michael Haun for
vehicle damage.
City Attorney recommending settlement of the claim of Paula Nicholson for vehicle damage.
Upon motion the documents were received and filed and concurred.
Fiscal Year 2010 Detailed Operating Budget for the Five Flags Center: City Manager
recommending approval of the detailed Fiscal Year 2010 operating budget for the Five Flags
Center as submitted by SMG. Upon motion the documents were received, filed, and approved.
John White vs. City of Dubuque: City Attorney advising that the District Court has authorized
the City to proceed with condemnation of property located at 409 Burch Street owned by John
White. Upon motion the documents were received and filed.
Assistance to Firefighter Grant: City Manager recommending approval of an Assistance to
Firefighter Grant Program application to the U.S. Department of Homeland Security for public
education, inspection and equipment funding. Upon motion the documents were received,
filed, and approved.
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11 Street Steps and Grove Terrace Retaining Wall Project: City Manager recommending
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acceptance of the 11 Street Steps and Grove Terrace Retaining Wall Project as completed by
Portzen Construction, Inc. in the final contract amount of $635,536.59. Upon motion the
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documents were received and filed and Resolution No. 152-09 Accepting the 11 Street Steps
and Grove Terrace Retaining Wall Project and authorizing the payment of the contract amount
to the contractor was adopted.
RESOLUTION NO. 152-09
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ACCEPTING THE 11 STREET STEPS & GROVE TERRACE RETAINING WALL
RECONSTRUCTION PROJECTAND AUTHORIZING THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
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Whereas, the Public Improvement Contract for the 11 Street Steps & Grove Terrace
Retaining Wall Reconstruction Project (the Project) has been completed and the City Engineer
has examined the work and filed a certificate stating that the Project has been completed
according to the terms of the Public Improvement Contract and that the City Engineer
recommends that the Project be accepted; 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 Grove
Terrace Retaining Wall Capital Improvement Project and Historic Preservation Funds
appropriation for the contract amount of $635,536.59 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 May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 11 STREET STEPS
& GROVE TERRACE RETAINING WALL RECONSTRUCTION PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
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inspected the 11 Street Steps & Grove Terrace Retaining Wall Reconstruction 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 $704,675.25.
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Dated this 14th day of May, 2009.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 14 day of May, 2009.
Jeanne F. Schneider, CMC, City Clerk
North Fork Catfish Creek Interceptor Sewer Project Grant Agreement: City Manager
recommending approval to enter into an agreement with the Iowa Department of Homeland
Security and Emergency Management Division, as required for receiving federal and state
funding, for the City’s North Fork Catfish Creek Sanitary Sewer Improvements Project in the
amount of $1,627,113. Upon motion the documents were received and filed and Resolution
No. 153-09 Authorizing the execution of an agreement with the Iowa Homeland Security and
Emergency Management Division, as required for receiving Federal and State Hazard
Mitigation Grant Program Funding, for the sanitary sewer improvements associated with the
North Fork Catfish Creek Sanitary and Stormwater Drainage Improvements Project was
adopted.
RESOLUTION NO. 153-09
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE IOWA HOMELAND
SECURITY AND EMERGENCY MANAGEMENT DIVISION AS REQUIRED FOR RECEIVING
FEDERAL AND STATE HAZARD MITIGATION GRANT PROGRAM FUNDING FOR THE
SANITARY SEWER IMPROVEMENTS ASSOCIATED WITH THE NORTH FORK CATFISH
CREEK SANITARY AND STORMWATER DRAINAGE IMPROVEMENTS PROJECT
Whereas, the sanitary sewer improvements associated with the North Fork Catfish Creek
Sanitary and Stormwater Drainage Improvements Project are eligible activities for Hazard
Mitigation Grant Program (HMGP) funding.
Whereas, upon the Iowa Homeland Security & Emergency Management Division’s
invitation, the City applied for the funds.
Whereas, the HMGP requires fifteen percent (15%) local matching funds.
Whereas, the City Council passed Resolution 506-07 establishing that the City agrees to
allocate the required local matching funds.
Whereas, the Iowa Homeland Security & Emergency Management Division provided a
project grant agreement (Agreement) awarding HMGP funds for the project.
Whereas, the Agreement requires that the City pass a resolution assuring that the City is
participating, and will continue to participate, in the National Flood Insurance Program.
Whereas the City currently participates in the National Flood Insurance Program.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor is hereby authorized to sign the Project Grant Agreement provided by
the Iowa Homeland Security & Emergency Management Division.
Section 2. The City Manager is hereby authorized to act as the City’s Authorized
Representative and hereby authorized to sign the Project Grant Agreement provided by the
Iowa Homeland Security & Emergency Management Division.
Section 3. That the City of Dubuque agrees to continue to participate in the National Flood
Insurance Program.
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Passed, approved and adopted this 18 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Amendment to UDAG Loan – Dubuque Nursery and Landscaping: City Manager
recommending approval of an extension of the $20,000 loan balance payment due from
Dubuque Nursery and Landscaping to December, 2009. Upon motion the documents were
received and filed and Resolution No. 154-09 Amending Loan Agreement with Dubuque
Nursery and Landscaping was adopted.
RESOLUTION NO. 154-09
AMENDING LOAN AGREEMENT WITH DUBUQUE NURSERY AND LANDSCAPE
Whereas, Dubuque Nursery and Landscape 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;
Whereas, the Company has requested an extension on repayment of the loan;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the amendment to the Loan Agreement by and between the City of
Dubuque, and the Dubuque Nursery and Landscape attached hereto is hereby approved.
Section 2. That the City Manager is authorized to execute, on behalf of the City of Dubuque,
Iowa, said Loan Agreement in substantially the form attached hereto, but with such changes as
the City Manager, with the assistance of the Corporation Counsel, find to be appropriate, the
City Manager’s execution thereof to constitute this City Council's approval of said Loan
Agreement.
Passed, approved and adopted this 18th day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Tri-State Area Trail Plan: City Manager recommending adoption of the Tri-State Area
Integrated Walking, Biking, Hiking Network Plan. Upon motion the documents were received
and filed and Resolution No. 155-09 Adopting the Tri-State Integrated Walking, Biking, Hiking
Network Plan was adopted.
RESOLUTION NO. 155-09
RESOLUTION ADOPTING TRI-STATE AREA INTEGRATED WALKING, BIKING, HIKING
NETWORK PLAN.
Whereas, the Dubuque Metropolitan Area Transportation Study (DMATS) Policy Committee
has adopted the Tri-State Area Integrated Walking, Biking, Hiking Network Plan; and
Whereas, the City of Dubuque has adopted a Comprehensive Plan with goals and
objectives for a community wide hike-bike network consistent with the Tri-State Area
Integrated Walking, Biking, Hiking Network Plan; and
Whereas, the Tri-State Area Integrated Walking, Biking, Hiking Network Plan supports
federal, state, and private partnerships and funding opportunities for a community wide hike-
bike network.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council does hereby adopt the Tri-State Area Integrated Walking,
Biking, Hiking Network Plan as being consistent with the 2008 Dubuque Comprehensive Plan.
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Passed, approved and adopted this 18 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
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Roshek Building / IBM Redevelopment Project: City Manager recommending approval of a
form of Notice and Consent Agreement by and among the City, Dubuque Bank & Trust,
Dubuque Initiatives and Roshek Building Investment Fund, LLC involving the Roshek
Building/IBM Redevelopment Project. Upon motion the documents were received and filed and
Resolution No. 156-09 Approving and authorizing execution of a Notice and Consent
Agreement by and among the City, Dubuque Bank & Trust, Dubuque Initiatives and Roshek
Building Investment Fund, LLC, was adopted.
RESOLUTION NO. 156-09
APPROVING AND AUTHORIZING EXECUTION OF A NOTICE AND CONSENT
AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, IOWA, DUBUQUE BANK &
TRUST COMPANY, DUBUQUE INITIATIVES, AND ROSHEK BUILDING INVESTMENT
FUND, LLC
WHEREAS, in connection with the rehabilitation, renovation and improvement of office/retail
space in the Roshek Building located generally at 700 Locust Street, Dubuque, Iowa, the City
of Dubuque (“City”) and other parties intend to enter into various agreements for the purpose
of facilitating the use of historic tax credits and new market tax credits in conjunction with that
project; and
WHEREAS, a form of Notice and Consent Agreement (the “Agreement”) has been prepared
for the purpose of ensuring that the City receives certain notices and has certain rights of
consent in connection the various agreements to be entered into; and
WHEREAS, the Council has determined that the Agreement is in the best interests of the
City and the residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the form and content of the Agreement, the provisions of which are
incorporated herein by reference, be and the same hereby are in all respects authorized,
approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized,
empowered and directed to execute, attest, seal and deliver the same for and on behalf of the
City in substantially the form and content now before this meeting, but with such changes,
modifications, additions or deletions therein as may be approved by such officers upon the
advice of the City Attorney, and that from and after the execution and delivery of the
Agreement, the Mayor and the City Clerk are hereby authorized, empowered 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 Agreement as executed.
Passed and approved this 18th day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
PEG Capital Grant Expenditure Request: City Manager recommending approval of the
Cable TV Tele-Programming Commission recommendation for funding from the Public,
Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the
amount of $11,500 for an encoding station for the Mediacom public access facility. Upon
motion the documents were received, filed, and approved.
Wetlands Monitoring Project: City Manager recommending approval of the selection of
Griggs Environmental Strategies to monitor the newly created wetlands at the Dubuque
Industrial Center West. Upon motion the documents were received, filed, and approved.
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Dubuque Drum and Bugle Corps: Communication from Greg Orwoll, Executive Director –
Dubuque Drum and Bugle Corps, regarding the annual Music on the March and requesting an
exemption from the noise ordinance and residential parking permit district around Senior High
School on June 30 and July 31, 2009. Upon motion the document was received, filed, and
approved.
Alcohol Compliance – Civil Penalty for Alcohol License Holder: City Manager recommending
approval of the Acknowledgement/Settlement Agreement for a first offense alcohol compliance
violation for The Club House, 2364 Washington Street. Upon motion the documents were
received, filed, and approved.
Legislative Correspondence: Correspondence to Congressman Braley, Senator Grassley
and Senator Harkin thanking them for their support of the Energy Efficiency and Conservation
Block Grant recently funded through the American Reinvestment and Recovery Act. Upon
motion the documents were received and filed.
Liquor License Transfer: Request of the Rotary Club of Dubuque to transfer their liquor
license to A.Y. McDonald Park on June 10, 2009. Upon motion the documents were received,
filed, and approved.
Liquor License Refunds: Request of John Murphy, Pizza Hut of America, Inc., for a refund of
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the Beer and Liquor Licenses for Pizza Hut at 320 East 20 Street and 2075 John F. Kennedy
Road. Upon motion the documents were received, filed, and the refunds approved.
Signed Contracts: Parking Ramp Soil Agreement between WC Stewart Construction and
City of Dubuque. Upon motion the documents were received and filed.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 157-09 Granting the issuance of a Class “B” Beer Permit (5-Day Special Event) to Catfish
Festival and a Class “C” Beer Permit to Cedar Cross Amoco, Hy-Vee Wine and Spirits, Hartig
Drug #2, Pioneer’s Rest Area and Awn Stop Mart #2; and Resolution No. 158-09 Granting the
issuance of a Class “A” Liquor License to Dubuque Golf and Country Club; Class “C”
Beer/Liquor License to Tott’s Tap, Easy Street, Denny’s Lux Club, Five Flags Center, 180 Main
Street, Silver Dollar Cantina, Bar-X, Bootleggers Pub and Kalmes Breaktime; Class “B” Wine
to Hy-Vee Wine and Spirits, Hartig Drug #2, Oh La La, and Church of the Resurrection; Class
“WBN” Native Wine Permit to Big 10 Mart; and Special Class “C” Liquor (Five-Day Special
Event) License to Music n More and Dubuque Jaycees (two events) were adopted.
RESOLUTION NO. 157-09
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
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CLASS “B” BEER PERMIT (5-DAY SPECIAL EVENT)
Dubuque Catfish Festival Catfish Festival+(Sunday Sale) McDonald Park
CLASS “C” BEER PERMIT
LB Metcalf, Inc. Cedar Cross Amoco+(Sunday Sale) 1200 Cedar Cross Road
Hy-Vee Inc. Hy-Vee Wine & Spirits+(Sunday Sale) 3500 Dodge Street
Hartig Drug Co, Inc. Hartig Drug Com. #2+9Sunday Sale) 157 Locust Street
Pioneer’s Rest Area, LLP Pioneer’s Rest Area+(Sunday Sale) 4900 Old Highway Road
Awn Stop Mart, Inc. Awn Stop Mart # 2+(Sunday Sale) 1401 Central Avenue
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Passed, approved and adopted this 18 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 158-09
Whereas, applications for Liquor Licenses have been submitted to this Council for approval
and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the State Laws and all City Ordinances relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS “A” LIQUOR LICENSE
Dubuque Golf & Country Club Dubuque Golf & Country 1800 Randall Place
Club+(Sunday/Outdoor Sale)
CLASS “C” BEER/LIQUOR LICENSE
Tott’s Tap Tott’s Tap+(Sunday Sale) 3457 Jackson Street
Easy Street Easy Street+(Sunday/Outdoor Sale) 431 Rhomberg Avenue
Denny’s Lux Club Denny’s Lux Club+(Sunday Sale) 3050 Asbury Road
SMG Food & Beverage, LLC Five Flags Center+(Sunday Sale) 405 Main Street
Miller Enterprises l80 Main St+(Sunday/Outdoor Sale) 180 Main Street
BHW, LLC Silver Dollar Cantina+(Sunday Sale) 342 Main Street
Linda Kay Atkinson Bar-X+(Sunday Sale) 2616 Windsor Avenue
Bootleggers Pub, Inc. Bootleggers Pub+(Outdoor Sale) 1689 Elm Street
Kalmes Brothers, LLC Kalmes Breaktime(1 Day Outdoor Sale) 1097 Jackson
CLASS “B” WINE
Hy-Vee, Inc. Hy-Vee Wine & Spirits 3500 Dodge Street
Hartig Drug, Co. Hartig Drug Co # 2 157 Locust Street
Creative Touch Gallery Inc. Oh La La 3460 Hillcrest Road
Church of the Resurrection Church of the Resurrection 4300 Asbury Road
CLASS “WBN” NATIVE WINE
Molo Oil Company Big 10 Mart 2100 JFK Road
SPECIAL CLASS “C” LIQUOR (5-DAY SPECIAL EVENT)
Music n More Music n More (5-22-09) Town Clock Plaza
Dubuque Jaycees Dubuque Jaycees(6-18-09) Town Clock Plaza
Dubuque Jaycees Dubuque Jaycees McGraw Hill Parking Lot
Passed, approved and adopted this 18th day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Voetberg. Motion carried 7-0.
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Green Alley Pilot Project – Alley between Jackson and White Streets from 11 to 13
Streets: City Manager recommending initiation of the public bidding process for the Green
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Alley Pilot Project – Alley between Jackson and White Streets from 11 to 13 Streets and that
a public hearing be set for June 1, 2009. Upon motion the documents were received and filed
and Resolution No. 159-09 Preliminary approval of plans, specifications, form of contract, and
estimated cost; setting date of public hearing on plans, specifications, form of contract, and
estimated cost; and ordering the advertisement for bids for the Green Alley Pilot Project – Alley
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between Jackson and White Streets from 11 to 13 Streets; Resolution No. 160-09 Approving
the plat, schedule of assessments and estimate of total cost and setting date of public hearing
on Resolution of Necessity; and Resolution No. 161-09 Resolution of Necessity were adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on June 1, 2009 in the
Historic Federal Building.
RESOLUTION NO. 159-09
GREEN ALLEY PILOT PROJECT
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(11 – 13 BETWEEN WHITE & JACKSON STREETS)
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Green Alley
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Pilot Project (11 – 13 between White & Jackson Streets), in the estimated amount
$302,374.97, are hereby preliminarily approved and ordered filed in the office of the City Clerk
for public inspection.
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A public hearing will be held on the 1 day of June, 2009, at 6:30 p.m. in the Historic
Federal Building Council Chambers at which time interested persons may appear and be
heard for or against the proposed plans and specifications, form of contract and estimated cost
of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or estimated
cost of the Project.
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The Green Alley Pilot Project (11 – 13 between White & Jackson 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 Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
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published not less than four but not more than forty-five days before the date for filing bids
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before 2:00 p.m. on the 4 day of June, 2009. Bids shall be opened and read by the City Clerk
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at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 15
day of June, 2009, in the Historic Federal Building Council Chambers (second floor), 350 West
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6 Street, Dubuque, Iowa.
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Passed, adopted and approved this 18 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 160-09
GREEN ALLEY PILOT PROJECT
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(11 – 13 BETWEEN WHITE & JACKSON STREETS)
APPROVING THE PLAT, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL
COST AND SETTING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY
Whereas, the proposed Resolution of Necessity 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 assessments, and estimate of total cost for the Green Alley
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Pilot Project (11 – 13 between White and Jackson Streets) and the proposed Resolution of
Necessity are hereby approved and ordered placed on file in the Office of the City Clerk.
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The City Council will meet on the 1 day of June, 2009, at 6:30 o’clock p.m. at the Historic
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Federal Building Council Chambers (second floor), 350 West 6 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 matter 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 published in a newspaper having general circulation 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.
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Passed, approved and adopted this 18 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 161-09
RESOLUTION OF NECESSITY FOR THE
GREEN ALLEY PILOT PROJECT
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(11 – 13 BETWEEN WHITE & JACKSON STREETS)
Whereas, the plat, schedule of assessments, and estimate of total cost for the Green Alley
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Pilot Project (11 – 13 between White and Jackson 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:
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Reconstruction of two existing asphalt alleys from 11 Street to 13 Street between White
and Jackson Street. Street surface will be interlocking concrete pavers in the alley between
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11 and 12th streets and porous asphalt in the alley between 12 and 13 streets. There is an
alternate to re-use existing salvage pavers for one of the alleys.
Reconstruction will also include: sanitary sewer manholes; watermain; and replacement of
private water services if lead.
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 assessment
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 pertaining
to the regularity of the proceeding and the legality of using the special assessment procedure.
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, approved and ordered placed on file with the City
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Clerk this 18 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Trolley Line Trail – Eagle Point Park Project: City Manager recommending initiation of the
public bidding process for the Eagle Point Trolley Line Trail Project and that a public hearing
be set for June 1, 2009. Upon motion the documents were received and filed and Resolution
No. 162-09 Preliminary approval of plans, specifications, form of contract, and estimated cost;
setting date of public hearing on plans, specifications, form of contract, and estimated cost;
and ordering the advertisement for bids for the Eagle Point Trolley Line Trail Project was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 1, 2009 in
the Historic Federal Building.
RESOLUTION NO. 162-09
TROLLEY LINE TRAIL – EAGLE POINT PARK PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Trolley Line
Trail – Eagle Point Park Project, in the estimated amount $242,309.99, are hereby preliminarily
approved and ordered filed in the office of the City Clerk for public inspection.
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A public hearing will be held on the 1 day of June, 2009, 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
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of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or estimated
cost of the Project.
The Trolley Line Trail – Eagle Point Park 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 Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
published not less than four but not more than forty-five days before the date for filing bids
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before 2:00 p.m. on the 4 day of June, 2009. Bids shall be opened and read by the City Clerk
at said time and will be submitted to the City Council for final action on June 15, 2009, in the
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Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque,
Iowa.
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Passed, adopted and approved this 18 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
North Fork Catfish Creek Sanitary Sewer Project – Phase I: City Manager recommending
initiation of the public bidding process for the North Fork Catfish Creek Sanitary Sewer Project
– Phase I and that a public hearing be set for June 1, 2009. Upon motion the documents were
received and filed and Resolution No. 163-09 Preliminary approval of plans, specifications,
form of contract, and estimated cost; setting date of public hearing on plans, specifications,
form of contract, and estimated cost; and ordering the advertisement for bids for the North Fork
Catfish Creek Sanitary Sewer Project – Phase I was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on June 1, 2009 in the Historic Federal Building.
RESOLUTION NO. 163-09
NORTH FORK CATFISH CREEK
STORMWATER AND SANITARY SEWER PROJECT – PHASE I
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the North Fork
Catfish Creek Stormwater and Sanitary Sewer Project – Phase I, in the estimated amount
$1,318,739.68, are hereby preliminarily approved and ordered filed in the office of the City
Clerk for public inspection.
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A public hearing will be held on the 1 day of June, 2009, at 6:30 p.m. in the Historic
Federal Building Council Chambers at which time interested persons may appear and be
heard for or against the proposed plans and specifications, form of contract and estimated cost
of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having general circulation in
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the City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or estimated
cost of the Project.
The North Fork Catfish Creek Stormwater and Sanitary Sewer Project – Phase I 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 Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
published not less than four but not more than forty-five days before the date for filing bids
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before 2:00 p.m. on the 9 day of June, 2009. Bids shall be opened and read by the City Clerk
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at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 15
day of June, 2009, in the Historic Federal Building Council Chambers (second floor), 350 West
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6 Street, Dubuque, Iowa.
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Passed, adopted and approved this 18 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions: Electrical Code Board:Two 3-year
terms through May 21, 2012 (Terms of Schmidt and Uhlrich) (Electrical
Experience/Background requirement). Applicants: Bob Schmidt, 2184 Orchard Drive; Paul
Uhlrich, 489 Olympic Heights Road. Motion by Connors to appoint Bob Schmidt and Paul
Uhlrich to the Electrical Code Board for 3-year terms through May 21, 2012. Seconded by
Voetberg. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
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Locust Street Sidewalk and Traffic Signal Installation – 8 to 12 Street Project: Proof of
publication on notice of public hearing to consider the plans, specifications, form of contract,
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and estimated cost for the Locust Street Sidewalk and Traffic Signal Installation – 8 to 12
Street Project and City Manager recommending approval. Motion by Jones to receive and file
the documents and adopt Resolution No. 164-09 Approving plans, specifications, form of
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contract, and estimated cost for the Locust Street Sidewalk and Traffic Signal Installation – 8
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to 12 Street Project. Seconded by Connors. In response to questions by City Council, City
Engineer Gus Psihoyos and Civil Engineer Dave Ness informed the City Council that this
project was taking advantage of a tight timeline in advance of an Iowa DOT project in the same
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area and did not include plans for 6 and Locust Streets. Staff agreed to include that
intersection as part of an upcoming study relative to parking ramp development at the
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intersection of 5 and Bluff Streets. Motion carried 7-0.
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RESOLUTION NO. 164-09
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
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COST FOR THE LOCUST STREET SIDEWALK AND TRAFFIC SIGNAL PROJECT, 8 TO
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12 STREET
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 Locust
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Street Sidewalk and Traffic Signal Project, 8 to 12 Street, in the estimated amount
$629,818.20, are hereby approved.
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Passed, adopted and approved this 18 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Dubuque Area Chamber of Commerce Convention and Visitors Bureau: Convention and
Visitors Bureau Director Keith Rahe, 30254 Golf Course Road, Dyersville, presented the CVB
Quarterly Report. Motion by Lynch to receive and file the document. Seconded by Connors.
Motion carried 7-0.
Fair Market Value – 502/504 Rhomberg Avenue: City Manager recommending
establishment of the fair market value for property at 502/504 Rhomberg Avenue and
authorization for the City Attorney to commence negotiations for the purchase of the property.
Motion by Connors to receive and file the documents and adopt Resolution No. 165-09
Establishing the fair market value of real property at 502/504 Rhomberg Avenue, Dubuque,
Iowa, owned by Michael Lindauer and Donna Lindauer. Seconded by Jones. Motion carried 7-
0.
RESOLUTION NO. 165-09
ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY AT 502-504
RHOMBERG AVENUE, DUBUQUE, IOWA, OWNED BY MICHAEL LINDAUER AND DONNA
LINDAUER
WHEREAS, Michael Lindauer And Donna Lindauer (Owners) are the owners of the real
property at 502-504 Rhomberg Avenue legally described as follows (the Property):
Lot 19 and the Northeasterly 8 feet 2 inches of Lot 20, in Smedleys Subdivision in the
City of Dubuque, Iowa, according to the recorded plats thereof; and
WHEREAS, the City of Dubuque (City) intends to acquire the Property for the Bee Branch
Creek Restoration Project; and
WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with
Owners to purchase the Property before proceeding with condemnation; and
WHEREAS, City may not make an offer to purchase the Property which is less than the fair
market value City has established for the Property; and
WHEREAS, City has caused an appraisal of the Property to be made and the appraised
value of the Property is $75,000.00; 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 AS FOLLOWS:
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1. The fair market value of the Property is hereby established to be $75,000.00.
2. The City Attorney is hereby authorized to commence negotiations with the Owners 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.
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Passed, approved and adopted this 18 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fair Market Value – 1553 Maple Street: City Manager recommending establishment of the
fair market value for property at 1553 Maple Street and authorization for the City Attorney to
commence negotiations for the purchase of the property. Motion by Connors to receive and file
the documents and adopt Resolution No. 166-09 Establishing the fair market value of real
property at 1553 Maple Street, Dubuque, Iowa, owned by Milton Schwartz. Seconded by
Voetberg. Motion carried 7-0.
RESOLUTION NO. 166-09
ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY AT 1553 MAPLE
STREET, DUBUQUE, IOWA, OWNED BY MILTON SCHWARTZ
WHEREAS, Milton Schwartz (Owner) is the owner of the real property at 1553 Maple Street
legally described as follows (the Property):
Northerly ½ of Lot 289 in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa,
according to the recorded plat thereof; and
WHEREAS, the City of Dubuque (City) intends to acquire the Property for the Bee Branch
Creek Restoration Project; and
WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with
Owners to purchase the Property before proceeding with condemnation; and
WHEREAS, City may not make an offer to purchase the Property which is less than the fair
market value City has established for the Property; and
WHEREAS, City has caused an appraisal of the Property to be made and the appraised
value of the Property is $62,000.00; 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 AS FOLLOWS:
1. The fair market value of the Property is hereby established to be $62,000.00.
2. The City Attorney 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.
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Passed, approved and adopted this 18 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
City Council Compensation Task Force: Communication from the City Council
Compensation Task Force regarding Mayor and City Council compensation. Motion by
Connors to receive and file the document. Seconded by Jones. Task Force Member Jason
Anderson, 525 Samuel Street, spoke on behalf of the Task Force and stated that there was no
doubt among the seven-member task force that the City Council deserved compensation for
their many Council-related duties. City Council Members thanked the Task Force for their time
and work. They discussed the impact that a salary increase would have had on attracting
potential candidates and that it would have affected only incoming members in 2010. Council
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members declined the increase stating it was inappropriate in light of the current poor
economy. Motion carried 7-0.
First Amendment to Development Agreement – 40 Main LLC: City Manager recommending
approval of the First Amendment to the 40 Main LLC Development Agreement which provides
a short-term loan for rehabilitation of a mixed use building at 40 Main Street. Motion by
Voetberg to receive and file the documents and adopt Resolution No. 167-09 Approving the
First Amendment to the 40 Main LLC Development Agreement. Seconded by Jones. Motion
carried 7-0.
RESOLUTION NO. 167-09
APPROVING THE FIRST 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 Dubuque, a municipal corporation of the State of Iowa
(City), and 40 Main LLC (Developer); and
Whereas, City and 40 Main 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 40 Main LLC Development Agreement is hereby
approved.
Section 2. That the Mayor is hereby authorized 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 authorized to take such actions as are necessary to
implement the terms of the First Amendment as herein approved.
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Passed, approved and adopted this 18 day of May, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
North Grandview Avenue Pet Park: Request of Council Member David Resnick to discuss
the pet park on North Grandview Avenue and City Manager transmitting information regarding
the North Grandview Pet Park. Motion by Resnick to continue searching for an alternate site
and close the North Grandview Avenue Pet Park as of April 1, 2010, whether or not an
alternate site is open or the potential of an alternative site exists as of that date. Seconded by
Jones. Motion carried 5-2 with Braig and Connors voting nay.
Iowa Jobs (I-JOBS) Program Funding: City Manager recommending approval to allocate all
City funding appropriation from the Iowa Jobs (I-JOBS) Program to the Southwest Arterial
Project. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Jones. Motion carried 7-0.
Greater Dubuque Development Corporation Board of Directors: Communication from the
Greater Dubuque Development Corporation requesting appointments to the Greater Dubuque
Development Corporation Board of Directors (currently Mayor Roy Buol, City Manager Michael
Van Milligen, Economic Development Director Dave Heiar and City Council Members Joyce
Connors and Kevin Lynch). Motion by Jones to retain the current membership. Seconded by
Braig. Motion carried 7-0.
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There being no further business, upon motion the City Council adjourned at 7:53 p.m.
/s/Kevin S. Firnstahl
Assistant City Clerk
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