5 3 10 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 3, 2010 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 Father Gabriel Anderson of St. Columbkille's Catholic Church.
PROCLAMATIONS
Bike to Work Week (May 17 – 21, 2010); Preservation Month (May, 2010) was accepted by
David Klavitter and Michael Knight of the Historic Preservation Commission; National Train
Day (May 8, 2010) was accepted by David Solberg, 1387 Tomahawk Drive, and Ed Sheppley,
2590 St. Anne Drive; Nursing Home Week (May 9 – 15, 2010) was accepted by Mike Terrill of
Dubuque Nursing and Rehab and Barbara Barker of Luther Manor Retirement Community;
Public Service Employee Recognition Week (May 3 – 7, 2010) was accepted by Ann Edelman,
3887 Aurora Street, and Phyllis Anderson, 2025 Morning View Road; AmeriCorps Week (May
8 – 15, 2010) was accepted by Michelle Balek, City of Dubuque Sustainability Office; Compass
to Care Day - the Mike and Sandy Ernsdorf Childhood Cancer Foundation (July 9, 2010) was
accepted by Michelle Ernsdorf, Executive Director, Compass to Care Day.
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 3/23;
Cable TV Regulatory Commission of 9/9/09; City Council of 4/19; Civil Service Commission of
4/8; Environmental Stewardship Advisory Commission of 4/6; Historic Preservation
Commission of 4/15; Housing Commission of 3/23; Mechanical Board of 4/14; Park and
Recreation Commission of 3/9
Library Board of Trustees Update from the meeting of April 22, 2010
Proof of publication of City Council Proceedings of April 5 and 12, 2010
Upon motion the documents were received and filed.
Notice of Claims/Suits: Melvin Moss for vehicle damage; James Hanson for property
damage; State Farm Insurance (William Roberts) for vehicle damage; Christopher Lange for
property damage; Coralita Shumaker for vehicle damage; Aaron Young for property damage.
Upon motion the documents were received, filed, and referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: James Hanson for
property damage; William Roberts for vehicle damage; Interstate Power and Light for property
damage; Diane Boge for vehicle damage; Melvin Moss for vehicle damage. Upon motion the
documents were received, filed, and concurred.
2010 – 2011 Deer Management Plan: City Manager recommending approval of the 2010 –
2011 Urban Deer Management Program. Upon motion the documents were received, filed,
and approved.
Mystique Casino: Communication from Jesús Avilés, Mystique Casino, requesting to display
fireworks on June 5, 2010 in celebration of 26 years of live racing at Dubuque Greyhound
Park. Upon motion the documents were received, filed, and approved.
Historic Resource Development Program (HRDP) Grant Application: City Manager
recommending approval of a $20,500 grant application to the State Historical Society of Iowa
for Historic Resource Development Program (HRDP) grant funds for the Mines of Spain
Interactive Multi-Media Timeline Exhibit. Upon motion the documents were received and filed
and Resolution No. 125-10 Authorizing grant application for HRDP Funds for Mines of Spain
Interactive Multi-Media Timeline Exhibit was adopted.
RESOLUTION NO. 125-10
AUTHORIZING GRANT APPLICATION FOR HRDP FUNDS FOR MINES OF SPAIN
INTERACTIVE MULTI-MEDIA TIMELINE EXHIBIT
Whereas, the State Historical Society of Iowa has Historic Resource Development Program
(HRDP) grant funds available for the preservation and interpretation of Iowa’s historic and
cultural resources; and
Whereas, the City of Dubuque has an adopted Comprehensive Plan with goals and
objectives for the preservation and interpretation of the community’s historic and cultural
resources; and
Whereas, the City of Dubuque owns the E. B. Lyons Interpretive Center at the Mines of
Spain, which includes exhibits for interpretation of the park’s historic and cultural resources.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is hereby authorized to sign the grant application for HRDP funds
to create the Mines of Spain Interactive Multi-Media Timeline Exhibit.
Section 2. That the City of Dubuque agrees to abide by all local, state, and federal
requirements applicable to the proposed project.
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Passed, approved and adopted this 3 day of May 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Historic District Public Improvement Program (HDPIP): Historic Preservation Commission
recommending approval of $20,270 in Historic District Public Improvement Program (HDPIP)
funds for the Julien Dubuque Monument Interpretive Exhibit at the E.B. Lyons Interpretive
Center. Upon motion the documents were received, filed, and approved.
Dubuque Community School District – Water Meter Wireless Network Equipment License
Agreement: City Manager recommending approval of the Water Meter Wireless Network
Equipment License Agreements between the City and the Dubuque Community School District
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for placement of equipment at Table Mound Elementary School and Washington Middle
School. Upon motion the documents were received, filed, and approved.
Iowa Department of Transportation: Communication from the Iowa Department of
Transportation providing official notification that the Iowa Department of Transportation
proposes to let three pavement repair projects (US 20, Iowa 32, US 61) on May 18, 2010.
Upon motion the documents were received and filed.
Iowa Department of Economic Development – Notice of Board Action: Communication to
Bob Johnson from the Iowa Economic Development Board advising that the Board intends to
award Sustainable Neighborhood Builders, Inc. the Brownfield Redevelopment Tax Credit,
maximum credit of $100,000, for their project in Dubuque.
Communication to Mary Gronen from the Iowa Economic Development Board advising that
the Board intends to award Caradco Building, LLLP the 12% Grayfield Redevelopment Tax
Credit, maximum credit of $100,000, for their project in Dubuque.
Communication to Chad Walsh from the Iowa Economic Development Board advising that
the Board intends to award B & C Cathedral Development, LLC the 12% Grayfield
Redevelopment Tax Credit, maximum credit of $100,000, for their project in Dubuque.
Communication to Sherry Freebery from the Iowa Economic Development Board advising
that the Board intends to award 40 Main, LLC the Brownfield Redevelopment Tax Credit,
maximum credit of $100,000, for their project in Dubuque.
Upon motion the documents were received and filed.
Hempstead Safety Improvements – Crosswalks and Geometrics Phase I Project: City
Manager recommending acceptance of the Hempstead Safety Improvements – Crosswalks
and Geometrics Phase I Project as completed by McDermott Excavating in the final contract
amount of $97,070.52. Upon motion the documents were received and filed and Resolution
No. 126-10 Accepting the Hempstead Safety Improvements – Crosswalks and Geometrics
Project Phase I and authorizing payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 126-10
ACCEPTING THE HEMPSTEAD SAFETY IMPROVEMENTS – CROSSWALKS AND
GEOMETRICS PROJECT PHASE 1 AND AUTHORIZING THE PAYMENT OF THE
CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Hempstead Safety Improvements –
Crosswalks and Geometrics Project Phase 1 (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
Hempstead Safety Improvements Capital Improvement Project (101-2077) appropriation for
the contract amount of $97,070.52 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 3 day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE HEMPSTEAD
SAFETY IMPROVEMENTS – CROSSWALKS AND GEOMETRICS PROJECT PHASE 1
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Hempstead Safety Improvements – Crosswalk and Geometrics Project Phase 1,
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 $116,989.82.
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Dated this 27 day of April, 2010.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 3 day of May, 2010.
Jeanne F. Schneider, CMC, City Clerk
Cooperative Traffic Paint and Pavement Markings Agreement: City Manager recommending
approval of a new Traffic Paint and Pavement Markings Agreement between the City and
County of Dubuque. Upon motion the documents were received and filed and Resolution No.
127-10 Approving Traffic Paint and Pavement Markings Agreement between the City of
Dubuque and Dubuque County was adopted.
RESOLUTION NO. 127-10
APPROVING TRAFFIC PAINT AND PAVEMENT MARKINGS AGREEMENT BETWEEN
THE CITY OF DUBUQUE AND DUBUQUE COUNTY
Whereas, jurisdiction over certain roadways in Dubuque County is divided down the
centerline between Dubuque County and the City of Dubuque; and
Whereas, the City of Dubuque, Iowa, and Dubuque County, Iowa, agree that painting of
pavement markings divided down roadway centerlines is not cost efficient or practical; and
Whereas, the City of Dubuque is willing to perform traffic paint and pavement marking
operations on portions of roadways located in Dubuque County, specifically: Old Highway
Road from US 20 westerly to Seippel Road; Cousins Road from the Old Highway Road south
to US 20; Peru Road from the city limits north to Riverside Road; Seippel Road from
Cottingham Road north to Chavenelle Road; and John F. Kennedy Road from the city limits
north to Derby Grange Road; and
Whereas, Dubuque County is willing to perform traffic paint and pavement marking
operations on portions of roadway located in the city of Dubuque, specifically: Old Highway
Road west of Seippel Road to the city limits; English Mill Road from Crescent Ridge
southwesterly to the city limits; Cottingham Road from Seippel Road to the city limits; North
Cascade Road from Cedar Cross Road southwesterly to the city limits; Riverside Road from
Peru Road westerly to the city limits; Lake Eleanor Road from Digital Drive southeasterly to the
city limits; Middle Road from Seippel Road west to the city limits; Derby Grange Road from
John F. Kennedy Road from the city limits north to Derby Grange Road; and
Whereas, it is necessary that the City of Dubuque and Dubuque County enter into an
agreement regarding the traffic paint and pavement markings on these roadways.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque hereby approves and directs the
Mayor to sign the attached Traffic Paint and Pavement Markings Agreement with Dubuque
County for traffic paint and pavement markings on said roadways.
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Passed, adopted and approved this 3 day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Iowa Department of Transportation Agreement – Traffic Signal Upgrade: City Manager
recommending approval to execute an Iowa Department of Transportation Traffic Safety
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Funding Agreement for a Traffic Signal Mastarm Retrofit Project on Central Avenue at 5 and
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7 Streets. Upon motion the documents were received and filed and Resolution No. 128-10
Approving the Iowa Department of Transportation State Aid Funding Agreement (Agreement
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No. 2011-TS-029) for the Traffic Signal Mastarm Retrofit Project, Central Avenue at 5 and 7th
Streets was adopted.
RESOLUTION NO. 128-10
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION STATE AID FUNDING
AGREEMENT (AGREEMENT NO. 2011-TS-029) FOR THE TRAFFIC SIGNAL MASTARM
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RETROFIT PROJECT, CENTRAL AVENUE AT 5 AND 7 STREET
Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of
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Iowa DOT (TSF) funds for the Traffic Signal Mastarm Retrofit Project, Central Avenue at 5
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and 7 Street; and
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Whereas, the Traffic Signal Mastarm Retrofit Project, Central Avenue at 5 and 7 Street
will provide for the standardization of mastarm-mounted signals along the Central Avenue
corridor; and
Whereas, the Iowa DOT TSF funds will be eligible to complete said improvements to the
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signals on Central Avenue at 5 and 7 Streets within Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Iowa DOT Traffic Safety Funding Agreement (Agreement 2011-TS-029)
between the City of Dubuque and the Iowa Department of Transportation be approved for a
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Traffic Signal Mastarm Retrofit Project, Central Avenue at 5 and 7 Street.
Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT
Traffic Safety Funding Agreement (Agreement No. 2011-TS-029) for the Traffic Signal
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Mastarm Retrofit Project, Central Avenue at 5 and 7 Street in Dubuque.
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Passed, approved and adopted this 3 day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
IA 32 Geometric and Signalization Improvements – US 20 to John F. Kennedy Road: City
Manager recommending approval to execute an Iowa Department of Transportation Iowa
Clean Air Attainment Program (ICAAP) Funding Agreement for the IA 32 Geometric and
Signalization Improvements – US 20 to John F. Kennedy Road Project. Upon motion the
documents were received and filed and Resolution No. 129-10 Approving the Iowa Department
of Transportation Federal Aid Funding Agreement (Agreement No. 6-10-ICAAP-11) for the IA
32 Geometric and Signalization Improvements was adopted.
RESOLUTION NO. 129-10
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FEDERAL AID FUNDING
AGREEMENT (AGREEMENT NO. 6-10-ICAAP-11) FOR THE IA 32 GEOMETRIC AND
SIGNALIZATION IMPROVEMENTS US 20 TO JFK ROAD PROJECT
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Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of
federal Iowa Clean Air Attainment (ICAAP) funds for the IA 32 Geometric and Signalization
Improvements US 20 to JFK Road Project; and
Whereas, the IA 32 Geometric and Signalization Improvements US 20 to JFK Road Project
will provide for the following: fiber from Plaza Drive to JFK; signal modifications at Chavenelle
Road, Pennsylvania Avenue, Holliday Drive, Plaza Drive, JFK Road; grading and HMA paving
of a southbound right turn lane at Pennsylvania Avenue; lengthening and PCC paving of a
southbound left turn lane at Pennsylvania Avenue; lengthening and paving of a northbound left
turn lane at Pennsylvania Avenue; and
Whereas, the federal ICAAP funds will be eligible to complete said improvements to the IA
32 Geometric and Signalization Improvements US 20 to JFK Road Project within Dubuque
County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Iowa DOT Federal Aid Funding Agreement (Agreement 6-10-ICAAP-
11) between the City of Dubuque and the Iowa Department of Transportation be approved for
the IA 32 Geometric and Signalization Improvements US 20 to JFK Road Project.
Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT
Federal Aid Funding Agreement (Agreement 6-10-ICAAP-11) for the IA 32 Geometric and
Signalization Improvements US 20 to JFK Road Project.
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Passed, approved and adopted this 3 day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
IA 32 and Asbury Road Turn Lane Improvement Project – Agreement No. 6-10-STPU-06:
City Manager recommending approval of the Iowa Department of Transportation Federal Aid
Funding Agreement for a Surface Transportation Program (Agreement No. 6-10-STPU-06) for
IA 32 and Asbury Road Turn Lane Improvement Project. Upon motion the documents were
received and filed and Resolution No. 130-10 Approving the Iowa Department of
Transportation Federal Aid Funding Agreement (Agreement No. 6-10-STPU-06) for the IA 32
and Asbury Road Turn Lane Improvement Project was adopted.
RESOLUTION NO. 130-10
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FEDERAL AID FUNDING
AGREEMENT (AGREEMENT NO. 6-10-STPU-06) FOR THE IA 32 AND ASBURY ROAD
TURN LANE IMPROVEMENTS PROJECT
Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of
Dubuque Metropolitan Area Transportation Study (DMATS) Surface Transportation Program
(STP) funds for the IA 32 and Asbury Road Turn Lane Improvements Project; and
Whereas, the IA 32 and Asbury Road Turn Lane Improvements Project will provide for the
following improvements at IA 32 and Asbury Road: Southbound right turn lane along with a
dual left turn lane construction including existing pavement removal and HMA with PCC curb
and gutter; northbound PCC dual left turn lane construction, PCC median, PCC sidewalks; 4”
surface course on entire southbound corridor from access road north of Asbury to Holliday
Drive; and
Whereas, the DMATS STP funds will be eligible to complete said improvements to the IA 32
and Asbury Road Turn Lane Improvements Project within Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That said Iowa DOT Federal Aid Funding Agreement (Agreement No. 6-10-
STPU-06) between the City of Dubuque and the Iowa Department of Transportation be
approved for a turn lane improvement project that will make improvements to the IA 32 at
Asbury Road Intersection Project in Dubuque.
Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT
Federal Aid Funding Agreement (Agreement No. 6-10-STPU-06) for the IA 32 and Asbury
Road Turn Lane Improvements Project in Dubuque.
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Passed, approved and adopted this 3 day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Asbury Road and IA 32 Traffic Signal and Grading Project – Traffic Safety Funding
Agreement: City Manager recommending approval of the Iowa Department of Transportation
Traffic Safety Funding Agreement for a signal and grading project that will make improvements
to the IA 32 and Asbury Road intersection. Upon motion the documents were received and
filed and Resolution No. 131-10 Approving the Iowa Department of Transportation State Aid
Funding Agreement (Agreement No. 2009-TS-017) for the Asbury Road and IA 32 Traffic
Signal and Grading Project was adopted.
RESOLUTION NO. 131-10
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION STATE AID FUNDING
AGREEMENT (AGREEMENT NO. 2009-TS-017) FOR THE ASBURY ROAD AND IA 32
TRAFFIC SIGNAL & GRADING PROJECT
Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of
Iowa DOT (TSF) funds for the Asbury Road and IA 32 Traffic Signal and Grading Project; and
Whereas, the Asbury Road and IA 32 Traffic Signal and Grading Project will provide for the
following: grading of the southbound right-turn lane to accommodate shifting of through lanes
for southbound and northbound dual left-turn lanes at Asbury Road and IA 32 (Asbury Road);
milling HMA pavement; traffic signal modifications; HMA paving; temporary pavement marking;
and drainage improvements.
Whereas, the Iowa DOT TSF funds will be eligible to complete said improvements to the IA
32 at Asbury Road intersection within Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Iowa DOT Traffic Safety Funding Agreement (Agreement 2009-TS-017)
between the City of Dubuque and the Iowa Department of Transportation be approved for a
signal and grading project that will make improvements to the IA 32 at Asbury Road
intersection.
Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT
Traffic Safety Funding Agreement (Agreement No. 2009-TS-017) for the Asbury Road at IA 32
Traffic Signal and Grading Project in Dubuque.
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Passed, approved and adopted this 3 day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
IA 32 and Asbury Road Turn Lane Improvement Project – Agreement No. 6-10-USTEP-12:
City Manager recommending approval of the Iowa Department of Transportation Urban-State
Traffic Engineering Program (U-STEP) Agreement for the IA 32 and Asbury Road Turn Lane
Improvement Project. Upon motion the documents were received and filed and Resolution No.
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132-10 Approving the Iowa Department of Transportation Federal Aid Funding Agreement
(Agreement No. 6-10-USTEP-12) for the IA 32 and Asbury Road Turn Lane Improvement
Project was adopted.
RESOLUTION NO. 132-10
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION STATE AID FUNDING
AGREEMENT (AGREEMENT NO. 6-10-USTEP-12) FOR THE IA 32 AND ASBURY ROAD
TURN LANE IMPROVEMENTS PROJECT
Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of
Iowa DOT (U-STEP) funds for the IA 32 and Asbury Road Turn Lane Improvements Project;
and
Whereas, the IA 32 and Asbury Road Turn Lane Improvements Project which will provide
for the following improvements at IA 32 and Asbury Road: Southbound right turn lane along
with a dual left turn lane construction including existing pavement removal and HMA with PCC
curb & gutter; northbound PCC dual left turn lane construction, PCC median, PCC sidewalks;
4” surface course on entire southbound corridor from access road north of Asbury to Holliday
Drive; and
Whereas, the Iowa DOT U-STEP funds will be eligible to complete said improvements to the
IA 32 and Asbury Road Turn Lane Improvements Project within Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Iowa DOT Urban-State Traffic Engineering Program Funding
Agreement (Agreement 6-10-USTEP-12) between the City of Dubuque and the Iowa
Department of Transportation be approved for a turn lane improvement project that will make
improvements to the IA 32 at Asbury Road intersection.
Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT
Urban-State Traffic Engineering Program Funding Agreement (Agreement No. 6-10-USTEP-
12) for the IA 32 and Asbury Road Turn Lane Improvements Project in Dubuque.
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Passed, approved and adopted this 3 day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Brunskill Road – Iowa Department of Transportation Funding Agreement: City Manager
recommending approval of the Iowa Department of Transportation Federal Aid Funding
Agreement for the Brunskill Road Bridge Replacement Project. Upon motion the documents
were received and filed and Resolution No. 133-10 Approving the Iowa Department of
Transportation Federal Aid Funding Agreement (Agreement No. 6-10-HBRR-09) for the
Brunskill Road Bridge Replacement Project was adopted.
RESOLUTION NO. 133-10
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FEDERAL AID FUNDING
AGREEMENT (AGREEMENT NO. 6-10-HBRR-09) FOR THE BRUNSKILL ROAD BRIDGE
REPLACEMENT PROJECT
Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of
Federal Highway Bridge Program funds for the Brunskill Road Bridge Replacement Project
(BROS-2100 (31)--8J-31) in Dubuque; and
Whereas, the federal aid Highway Bridge Program funds will be eligible as per the terms of
said funding agreement to complete said bridge improvements for the Brunskill Road Bridge
Replacement Project within Dubuque County, Iowa; and
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Whereas, the City shall receive reimbursement for costs of authorized and approved eligible
project activities from Highway Bridge Program funds. The portion of the eligible project costs
reimbursed by Highway Bridge Program funds shall be limited to a maximum of 80% of eligible
costs or $1,000,000, whichever is less.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Iowa DOT Federal Aid Funding Agreement (Agreement No. 6-10-
HBRR-09) between the City of Dubuque and the Iowa Department of Transportation be
approved for the Brunskill Road Bridge Replacement Project in Dubuque.
Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT
Federal Aid Funding Agreement (Agreement No. 6-10-HBRR-09) for the Brunskill Road Bridge
Replacement Project in Dubuque.
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Passed, approved and adopted this 3 day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Bee Branch Creek Restoration Project – Purchase of 501 / 507 Garfield Avenue: City
Manager recommending approval to establish the fair market value of 501 / 507 Garfield
Avenue at the appraised value of $250,000 and authorize the City Manager to begin
negotiations to acquire the property for the Bee Branch Creek Restoration Project. Upon
motion the documents were received and filed and Resolution No. 134-10 Establishing the Fair
Market Value of certain real property owned by IBC Sales Corporation in the City of Dubuque,
Iowa, was adopted.
RESOLUTION NO. 134-10
ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY
IBC SALES CORPORATION IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque (City) intends to acquire certain real property owned by IBC
Sales Corporation (Owner), legally described as follows (the Property): Lot 1 of “A-1 Industrial
Block”, in the City of Dubuque, Dubuque County, Iowa, as shown on Exhibit A attached hereto
for the purpose of the stormwater conveyance associated with the restoration of the Bee
Branch Creek; and
Whereas, Iowa law requires that City must make a good faith effort to negotiate with the
Owner to purchase the Property before proceeding with condemnation; and
Whereas, City has caused an appraisal of the property to be made and the appraised value
of the property is $250,000.00; and
Whereas, the City Council now desires to establish the fair market value of the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The fair market value of the Property is hereby established to be $250,000.00.
2. The City Manager is hereby authorized to commence negotiations with the Owner of
the Property and any other interested parties for the purchase of the Property for a
purchase price which is not less than the fair market value established by this
resolution.
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Passed, approved and adopted this 3 day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Bee Branch Creek Restoration Project – Purchase of 2263 Elm Street: City Manager
recommending approval to establish the fair market value of 2263 Elm Street at the appraised
value of $47,000 and authorize the City Manager to begin negotiations to acquire the property
for the Bee Branch Creek Restoration Project. Upon motion the documents were received and
filed and Resolution No. 135-10 Establishing the Fair Market Value of certain real property
owned by Robert D. and Livija Klauer in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 135-10
ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY
ROBERT D. & LIVIJA KLAUER IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque (City) intends to acquire certain real property owned by
Robert D. & Livija Klauer (Owner), legally described as follows (the Property):
Lot 1-1-1-3-103 L H Langworthy’s Add, in the City of Dubuque, Dubuque County, Iowa
as shown on Exhibit A attached hereto for the purpose of the stormwater conveyance
associated with the restoration of the Bee Branch Creek; and
Whereas, Iowa law requires that City must make a good faith effort to negotiate with the
Owner to purchase the Property before proceeding with condemnation; and
Whereas, City has caused an appraisal of the property to be made and the appraised value
of the property is $47,000.00; and
Whereas, the City Council now desires to establish the fair market value of the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The fair market value of the Property is hereby established to be $47,000.00.
2. The City Manager is hereby authorized to commence negotiations with the Owner of
the Property and any other interested parties for the purchase of the Property for a
purchase price which is not less than the fair market value established by this
resolution.
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Passed, approved and adopted this 3 day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Bee Branch Creek Restoration Project – Purchase of 2275 Elm Street: City Manager
recommending approval to establish the fair market value of 2275 Elm Street at the appraised
value of $60,000 and authorize the City Manager to begin negotiations to acquire the property
for the Bee Branch Creek Restoration Project. Upon motion the documents were received and
filed and Resolution No. 136-10 Establishing the Fair Market Value of certain real property
owned by Robert D. and Livija Klauer in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 136-10
ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY
ROBERT D. & LIVIJA KLAUER IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque (City) intends to acquire certain real property owned by Todd
H. Schmitz (Owner), legally described as follows (the Property): Lot 2 N 50’-1-1-103 L H
Langworthy’s Add & Lot 2 Warren & Robin Amling’s Sub, in the City of Dubuque, Dubuque
County, Iowa, as shown on Exhibit A attached hereto for the purpose of the stormwater
conveyance associated with the restoration of the Bee Branch Creek; and
Whereas, Iowa law requires that City must make a good faith effort to negotiate with the
Owner to purchase the Property before proceeding with condemnation; and
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Whereas, City has caused an appraisal of the property to be made and the appraised value
of the property is $60,000.00; and
Whereas, the City Council now desires to establish the fair market value of the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The fair market value of the Property is hereby established to be $60,000.00.
2. The City Manager is hereby authorized to commence negotiations with the Owner of
the Property and any other interested parties for the purchase of the Property for a
purchase price which is not less than the fair market value established by this
resolution.
Passed, approved and adopted this 3rd day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Bee Branch Creek Restoration Project – Purchase of 2350 Elm Street: City Manager
recommending approval to establish the fair market value of 2350 Elm Street at the appraised
value of $27,500 and authorize the City Manager to begin negotiations to acquire the property
for the Bee Branch Creek Restoration Project. Upon motion the documents were received and
filed and Resolution No. 137-10 Establishing the Fair Market Value of certain real property
owned by Jerry A. Spiegelhalter in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 137-10
ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY
JERRY A. SPIEGELHALTER IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque (City) intends to acquire certain real property owned by Jerry
A. Spiegelhalter(Owner), legally described as follows (the Property): Lot 1-2-106 L H
Langworthy’s Add, in the City of Dubuque, Dubuque County, Iowa, as shown on Exhibit A
attached hereto for the purpose of the stormwater conveyance associated with the restoration
of the Bee Branch Creek; and
Whereas, Iowa law requires that City must make a good faith effort to negotiate with the
Owner to purchase the Property before proceeding with condemnation; and
Whereas, City has caused an appraisal of the property to be made and the appraised value
of the property is $27,500.00; and
Whereas, the City Council now desires to establish the fair market value of the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The fair market value of the Property is hereby established to be $27,500.00.
2. The City Manager is hereby authorized to commence negotiations with the Owner of
the Property and any other interested parties for the purchase of the Property for a
purchase price which is not less than the fair market value established by this
resolution.
rd
Passed, approved and adopted this 3 day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Bee Branch Creek Restoration Project – Purchase of 2349 Elm Street: City Manager
recommending approval to establish the fair market value of 2349 Elm Street at the appraised
value of $57,500 and authorize the City Manager to begin negotiations to acquire the property
for the Bee Branch Creek Restoration Project. Upon motion the documents were received and
11
filed and Resolution No. 138-10 Establishing the Fair Market Value of certain real property
owned by Jerry A. Spiegelhalter in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 138-10
ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY
JERRY A. SPIEGELHALTER IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque (City) intends to acquire certain real property owned by Jerry
A. Spiegelhalter (Owner), legally described as follows (the Property): Lot 2-1-2-1-106 L H
Langworthy’s Add, in the City of Dubuque, Dubuque County, Iowa, as shown on Exhibit A
attached hereto for the purpose of the stormwater conveyance associated with the restoration
of the Bee Branch Creek; and
Whereas, Iowa law requires that City must make a good faith effort to negotiate with the
Owner to purchase the Property before proceeding with condemnation; and
Whereas, City has caused an appraisal of the property to be made and the appraised value
of the property is $57,500.00; and
Whereas, the City Council now desires to establish the fair market value of the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The fair market value of the Property is hereby established to be $57,500.00.
2. The City Manager is hereby authorized to commence negotiations with the Owner of
the Property and any other interested parties for the purchase of the Property for a
purchase price which is not less than the fair market value established by this
resolution.
rd
Passed, approved and adopted this 3 day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Bee Branch Creek Restoration Project – Purchase of 500 Rhomberg Avenue: City Manager
recommending approval to establish the fair market value of 500 Rhomberg Avenue at the
appraised value of $100,000 and authorize the City Manager to begin negotiations to acquire
the property for the Bee Branch Creek Restoration Project. Upon motion the documents were
received and filed and Resolution No. 139-10 Establishing the Fair Market Value of certain real
property owned by PJ’s Tap, LLC in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 139-10
ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY
PJ'S TAP, LLC IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque (City) intends to acquire certain real property owned by P J's
Tap, LLC (Owner), legally described as follows (the Property): W 21.2’ Lot 20 Smedleys Sub,
in the City of Dubuque, Dubuque County, Iowa, as shown on Exhibit A attached hereto for the
purpose of the stormwater conveyance associated with the restoration of the Bee Branch
Creek; and
Whereas, Iowa law requires that City must make a good faith effort to negotiate with the
Owner to purchase the Property before proceeding with condemnation; and
Whereas, City has caused an appraisal of the property to be made and the appraised value
of the property is $100,000.00; 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:
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1. The fair market value of the Property is hereby established to be $100,000.00.
2. The City Manager is hereby authorized to commence negotiations with the Owner of
the Property and any other interested parties for the purchase of the Property for a
purchase price which is not less than the fair market value established by this
resolution.
rd
Passed, approved and adopted this 3 day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Bee Branch Creek Restoration Project – Purchase of 501 Rhomberg Avenue: City Manager
recommending approval to establish the fair market value of 501 Rhomberg Avenue at the
appraised value of $90,000 and authorize the City Manager to begin negotiations to acquire
the property for the Bee Branch Creek Restoration Project. Upon motion the documents were
received and filed and Resolution No. 140-10 Establishing the Fair Market Value of certain real
property owned by Steven Smith and Gary L. Carner in the City of Dubuque, Iowa, was
adopted.
RESOLUTION NO. 140-10
ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY
STEVEN SMITH & GARY L. CARNER IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque (City) intends to acquire certain real property owned by
Steven Smith & Gary L. Carner (Owner), legally described as follows (the Property): Lot 1-11 &
Lot 2-12 Smedleys Sub, in the City of Dubuque, Dubuque County, Iowa, as shown on Exhibit A
attached hereto for the purpose of the stormwater conveyance associated with the restoration
of the Bee Branch Creek; and
Whereas, Iowa law requires that City must make a good faith effort to negotiate with the
Owner to purchase the Property before proceeding with condemnation; and
Whereas, City has caused an appraisal of the property to be made and the appraised value
of the property is $90,000.00; and
Whereas, the City Council now desires to establish the fair market value of the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The fair market value of the Property is hereby established to be $90,000.00.
2. The City Manager is hereby authorized to commence negotiations with the Owner of
the Property and any other interested parties for the purchase of the Property for a
purchase price which is not less than the fair market value established by this
resolution.
rd
Passed, approved and adopted this 3 day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Bee Branch Creek Restoration Project – Purchase of 2356 Washington Street: City
Manager recommending approval to establish the fair market value of 2356 Washington Street
at the appraised value of $86,500 and authorize the City Manager to begin negotiations to
acquire the property for the Bee Branch Creek Restoration Project. Upon motion the
documents were received and filed and Resolution No. 141-10 Establishing the Fair Market
Value of certain real property owned by Steven and Sue A. Boelk in the City of Dubuque, Iowa,
was adopted.
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RESOLUTION NO. 141-10
ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY
STEVEN R. & SUE A BOELK IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque (City) intends to acquire certain real property owned by
Steven R. & Sue A Boelk (Owner), legally described as follows (the Property): Lot 2-2-1-106 L
H Langworthy’s Add, in the City of Dubuque, Dubuque County, Iowa, as shown on Exhibit A
attached hereto for the purpose of the stormwater conveyance associated with the restoration
of the Bee Branch Creek; and
Whereas, Iowa law requires that City must make a good faith effort to negotiate with the
Owner to purchase the Property before proceeding with condemnation; and
Whereas, City has caused an appraisal of the property to be made and the appraised value
of the property is $86,500.00; and
Whereas, the City Council now desires to establish the fair market value of the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The fair market value of the Property is hereby established to be $86,500.00.
2. The City Manager is hereby authorized to commence negotiations with the Owner of
the Property and any other interested parties for the purchase of the Property for a
purchase price which is not less than the fair market value established by this
resolution.
Passed, approved and adopted this 3rd day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Montrose Terrace Stairs Reconstruction Project: City Manager recommending award of the
contract for the Montrose Terrace Stairs Reconstruction Project to Max Smith Construction in
the amount of $43,871.00. Upon motion the documents were received, filed, and approved.
FEMA Flood Plain Mapping – Consultant Selection: City Manager recommending approval
of the selection of Camp Dresser & McKee as the consultant to perform the necessary
engineering analysis, prepare the necessary documentation, and submit an application for a
Letter of Map Revision (LOMR) to FEMA to revise flood hazard zones identified in the Digital
Federal Insurance Rate Map (DFIRM) proposed by FEMA for the City of Dubuque. Upon
motion the documents were received, filed, and approved.
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10 and Central Parking Ramp – Economic Development Administration Contract: City
Manager recommending approval for the Mayor to execute a contract with the Economic
Development Administration (EDA) for a $1,500,000 grant to fund a downtown parking ramp.
Upon motion the documents were received and filed and Resolution No. 142-10 Authorizing
contract with U.S. Department of Commerce Economic Development Administration – EDA for
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the 10 and Central Parking Ramp Project was adopted.
RESOLUTION NO. 142-10
AUTHORIZING CONTRACT WITH U.S. DEPARTMENT OF COMMERCE ECONOMIC
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DEVELOPMENT ADMINISTRATION – EDA FOR THE 10 & CENTRAL PARKING RAMP
PROJECT
Whereas, the City Council has previously approved the site and design firm for the
construction of a 477 space parking ramp to accommodate job growth in the downtown area;
and
14
Whereas, the downtown parking ramp project is consistent with the City’s goals to increase
the number of good paying jobs and further diversify our economic base; and
Whereas, the City has received an EDA grant in the amount of $1,500,000 from the
Economic Development Administration to assist in funding a downtown parking ramp.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The attached Financial Assistance Award is hereby approved.
Section 2. The Mayor is hereby allowed to sign the award on behalf of the City.
rd
Passed, approved and adopted this 3 day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Housing Enterprise Zone Program Agreement – Helicon Management, LLC: City Manager
recommending approval of a Housing Enterprise Zone Program Agreement by and among the
Iowa Department of Economic Development, the City of Dubuque and Helicon Management,
LLC. Upon motion the documents were received and filed and Resolution No. 143-10
Approving a Housing Enterprise Zone Program Agreement by and among the Iowa
Department of Economic Development, the City of Dubuque and Helicon Management, LLC,
was adopted.
RESOLUTION NO. 143-10
APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND
AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CITY OF
DUBUQUE AND HELICON MANAGEMENT, LLC
Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise
Zone Commission; and
Whereas, the Enterprise Zone Commission on February 24, 2010 approved the application
of Helicon Management, LLC. for Housing Enterprise Zone benefits; and
Whereas, Helicon Management, LLC’s application was approved by the Iowa Department of
Economic Development on April 5, 2010; and
Whereas, the Iowa Department of Economic Development has prepared and submitted for
City Council approval an agreement relating to Housing Enterprise Zone benefits for Helicon
Management, LLC, a copy of which is attached hereto and by this reference made a part
hereof; and
Whereas, the City Council finds that the proposed agreement is acceptable and necessary
to the growth and development of the city.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of Economic Development Housing Enterprise Zone
Program Agreement, Number 10-HEZ-040, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on
behalf of the City of Dubuque and forward the executed copy to the Iowa Department of
Economic Development for their approval.
rd
Passed, approved and adopted this 3 day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Iowa Community Cultural Grant Application: City Manager recommending approval of an
application to the Iowa Department of Cultural Affairs for an Iowa Community Cultural Grant to
15
fund the part-time Arts and Cultural Affairs Coordinator position. Upon motion the documents
were received, filed, and approved.
Mobile Data Terminals – Request for Proposals: City Manager recommending approval to
issue a Request for Proposals for procurement of Mobile Data Terminals in KeyLine mini-
buses which will offer real-time dispatching capabilities for the mini-bus operation. Upon
motion the documents were received, filed, and approved.
Consulting and Actuarial Services Agreement – Gallagher Benefit Services: City Manager
recommending approval of an amendment to the Administrative Services Agreement with
Gallagher Benefit Services for benefit consulting and actuarial services effective July 1, 2010
through June 30, 2012. Upon motion the documents were received, filed, and approved.
Fiscal Year 2011 Detailed Operating Budget for the Five Flags Center: City Manager
recommending approval of the detailed Fiscal Year 2011 operating budget for the Five Flags
Center as submitted by SMG. Upon motion the documents were received, filed, and approved.
Port of Dubuque Usage Policies: City Manager recommending approval of revisions to the
Port of Dubuque usage policies effective May 3, 2010 to only allow private rentals at the Alliant
Energy Amphitheater that desire beer, wine or liquor to do so with a licensed beer/liquor permit
holder with catering privileges. Upon motion the documents were received, filed, and
approved.
M2M Magazine: Copy of article from M2M Magazine featuring Mayor Roy D. Buol. Upon
motion the document was received and filed.
Investment Policy Revision: City Manager recommending approval of updates to the City’s
Investment Policy. Upon motion the documents were received and filed and Resolution No.
144-10 Adopting the City of Dubuque Investment Policy was adopted.
RESOLUTION NO. 144-10
RESOLUTION ADOPTING THE CITY OF DUBUQUE INVESTMENT POLICY
Whereas, changes to the code of Iowa have consolidated public funds investment code;
and references to code in the City Investment Policy require revision; and
Whereas the City Treasurer/Finance Director and Assistant Finance Director have reviewed
the proposed changes with the City Investment Oversight Advisory Commission and the
Commission has recommended adoption of the revised policy.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque Investment Policy, attached hereto, is hereby adopted and
all previous resolutions inconsistent therewith are hereby rescinded.
Section 2. City staff and the Investment Oversight Advisory Commission are directed to act
in accordance with the policies set forth in the City of Dubuque Investment Policy and to bring
forward proposed changes to the Investment Policy as deemed necessary.
Passed, approved and adopted this 3rd day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
16
Quarterly Investment Report: City Manager transmitting the March 31, 2010 Quarterly
Investment Report. Upon motion the documents were received and filed.
Business License Refund: Request of Mark Molo, Molo Oil Company, for a refund of Beer
Permit License #BC0027561 for Puff N Snuff at 1101 Rhomberg Avenue. Upon motion the
documents were received, filed, and the refund approved.
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. 145-10 Granting the issuance of a Class “B” Beer Permit (5-Day Special Event) to
Diamond Jo Casino and Music N More; and a Class “C” Beer Permit to Ron’s Five Point Mart,
Ron’s Discount Smokes, Tobacco Outlet, Walgreens #6154, Walgreens #9708, Casey’s
General Store #2420, Casey’s General Store #2421, and Keywest Conoco; and Resolution
No. 146-10 Granting the issuance of a Class “A” (Club) Beer/Liquor License to Dubuque Golf
and Country Club; a Class “B” (Hotel/Motel) Beer/Liquor License to Days Inn and Spirits Bar; a
Class “C” Beer/Liquor License to Hammer Time Bar, Shenanigan’s Pub, The Lift, Tott’s Tap,
Catfish Charlie’s, and Buffalo Wild Wings; Class “C” Beer/Liquor License (5-Day Special
Event) to Dubuque County Fine Arts Society; a Class “B” Wine Permit to Walgreens #6154
and Walgreens #9708; a Class “WBN” Native Wine Permit to Casey’s General Store #2421,
Casey’s General Store #2420 and Keywest Conoco; and a Class “WCN” Native Wine Permit to
Stone Cliff Winery were adopted..
RESOLUTION NO. 145-10
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.
CLASS “B” BEER PERMIT (5 –DAY SPECIAL EVENT)
Diamond Jo, LLC Diamond Jo Casino (Parking Lot) 301 Bell Street
Music N More Promotions Music N More Town Clock Plaza
CLASS “C” BEER PERMIT
R Future, Inc. Ron’s Five Point Mart +(Sunday Sale) 405 Rhomberg Ave.
RKM, LLC Ron’s Discount Smokes/Beverage 1450 Loras Blvd.
+(Sunday Sale)
Kwik Trip, Inc. Tobacco Outlet Plus #504 806 Wacker Drive
+(Sunday Sale)
Walgreen Co. Walgreens #6154 +(Sunday Sale) 2260 JFK Road
Walgreen Co. Walgreen #9708 +(Sunday Sale) 55 JFK Road
Casey’s Marketing Co. Casey’s General Store #2420 2699 Rockdale Road
+(Sunday Sale)
Casey’s Marketing Co. Casey’s General Store #2421 4003 Peru Road
+(Sunday Sale)
Rainbo Oil Company Keywest Conoco+(Sunday Sale) 2150 Twin Valley Drive
Passed, approved and adopted this 3rd day of May, 2010.
17
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 146-10
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” (CLUB) BEER/LIQUOR LICENSE
Dubuque Golf & Country Dubuque Golf &Country 1800 Randall Place
Club Club+(Sunday/Outdoors Sale)
CLASS “B” (HOTEL/MOTEL) BEER/LIQUOR LICENSE
RonSan Enterprises Days Inn& Spirits Bar 1111 Dodge Street
+(Sunday/Outdoor Sale)
CLASS “C” BEER/LIQUOR LICENSE
Russell Northouse Hammer Time Bar (adding Outdoor Sale) 123 Main Street
Shenanigans Pub, LLC Shenanigan’s Pub +(Sunday Sale) 3203 Jackson Street
Rick Worcester The Lift +(Sunday Sale) 180 Main Street
Tott’s Tap, Inc. Tott’s Tap +(Sunday Sale) 3457 Jackson Street
Catfish Charle’s, LLC Catfish Charlie’s 1630 E. 16 th Street
+(Sunday/Outdoor Sale)
Blazin Wings, Inc. Buffalo Wild Wings Grill +(Sunday/Outdoor 2805 NW Arterial
Sale)
CLASS “C” BEER/LIQUOR LICENSE (5-Day Special Event)
Dubuque County Fine Arts Dubuque County Fine Arts (Sunday Sale) Town Clock Plaza
CLASS “B” WINE
Walgreen Co. Walgreen # 6154 2260 JFK Road
Walgreen Co. Walgreen # 9708 55 JFK Road
CLASS “WBN” NATIVE WINE
Casey’s General Store Casey’s General Store # 2421 4003 Peru Road
Casey’s General Store Casey’s General Store # 2420 2699 Rockdale Road
Rainbo Oil Co. Keywest Conoco 2150 Twin Valley Road
CLASS “WCN” NATIVE WINE
Stone Cliff Winery, Inc. Stone Cliff Winery 600 Star Brewery Drive
+(Sunday/Outdoor Sale)
rd
Passed, approved and adopted this 3 day of May, 2010
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
18
ITEM TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolution, set the public
hearing as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7-0.
Bee Branch Creek Building Deconstruction Project: City Manager recommending initiation of
the public bidding process for the Bee Branch Creek Building Deconstruction Project and that
a public hearing be set for May 17, 2010 to consider approval of the plans and specifications,
form of contract and estimated cost. Upon motion the documents were received and filed and
Resolution No. 147-10 Preliminary approval of plans, specifications, form of contract, and
estimated cost, setting date of public hearing and ordering bids for the Bee Branch Creek
Building Deconstruction Project was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on May 17, 2010 in the Historic Federal Building. Seconded by
Connors. Motion carried 7-0.
RESOLUTION NO. 147-10
BUILDING DECONSTRUCTION FOR THE
BEE BRANCH CREEK RESTORATION 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
Deconstruction of Buildings for the Bee Branch Creek Restoration Project, in the estimated
amount of $683,733.00, 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 17 day of May, 2010, at 6:30 p.m. in the Historic
Federal Building Council Chambers at which time interested persons may appear and be
heard for or against the proposed plans and specifications, form of contract and estimated cost
of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or estimated
cost of the Project.
The Deconstruction of Buildings for the Bee Branch Creek Restoration Project is hereby
ordered to be advertised for bids.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the deconstruction 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
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four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 20
day of May, 2010. Bids shall be opened and read by the City Clerk at said time and will be
submitted to the City Council for final action, at 6:30 p.m., in the Historic Federal Building
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Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa, on June 7, 2010.
19
rd
Passed, adopted and approved this 3 day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions: Housing Commission: One 3-year term
through August 17, 2012 (Term of Plein). Applicant: Lisa McAllister, 1701 ½ Central Avenue.
Motion by Connors to appoint Lisa McAllister to the Housing Commission for a 3-year term
through August 17, 2012. Seconded by Lynch. Motion carried 7-0.
Mechanical Board: One 3-year term through March 16, 2013 (Term of Bandy). Applicant:
Ronald Billmeyer, 1745 Geraldine Drive. Motion by Jones to appoint Ronald Billmeyer to the
Mechanical Board for a 3-year term through March 16, 2013. Seconded by Voetberg. Motion
carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Dubuque Terminals, Inc. (Newt) Leases: Proof of publication on notice of public hearing to
consider proposed leases with Dubuque Terminals, Inc., for the Ice Harbor and Dove Harbor
areas and City Manager recommending approval. Motion by Connors to receive and file the
documents and adopt Resolution No. 148-10 Disposing of an interest in real property owned
by the City of Dubuque by lease between the City of Dubuque, Iowa and Dubuque Terminals,
Inc., an Iowa Corporation (the Dove Harbor Lease); and Resolution No. 149-10 Disposing of
an interest in real property owned by the City of Dubuque by lease between the City of
Dubuque, Iowa and Dubuque Terminals, Inc., an Iowa Corporation (the Ice Harbor Lease).
Seconded by Voetberg. Motion carried 7-0.
RESOLUTION NO. 148-10
APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE
CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND
DUBUQUE TERMINALS, INC., AN IOWA CORPORATION (THE DOVE HARBOR LEASE)
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally described
as follows: A part of Government Lot 3 and unplatted slough in Section 19, Township 89 North,
Range 3 East of the 5th Principle Meridian all in the City of Dubuque, Dubuque Co., Iowa
containing 6.13 acres, more or less, as shown on the attached Exhibit A; and
Whereas, Dubuque Terminals, Inc. desires to lease a part of the property as shown on
Exhibit A for industrial uses and other river related business activities upon the terms set forth
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in a Lease Agreement which is on file at the office of the City Clerk, City Hall, 13 and Central
Avenue, Dubuque, Iowa; and
Whereas, City and Dubuque Terminals, Inc. have agreed to the Lease Agreement, which
among other things, provides for a term through June 1, 2038; and
Whereas, on May 3, 2010, the City Council pursuant to notice published as required by law
held a public hearing on its intent to dispose of the foregoing interest in real property and
overruled all objections thereto; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to
approve the Lease Agreement.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Lease Agreement between the City and Dubuque Terminals, Inc. is hereby
approved and the City Manager is authorized to execute said Lease Agreement on behalf of
the City of Dubuque
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Passed, approved and adopted this 3 day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 149-10
APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE
CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND
DUBUQUE TERMINALS, INC., AN IOWA CORPORATION (THE ICE HARBOR LEASE)
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property shown on
Exhibit A attached hereto; and
Whereas, Dubuque Terminals, Inc. desires to lease a part of the property as shown on
Exhibit A for industrial uses and other river related business activities upon the terms set forth
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in a Lease Agreement which is on file at the office of the City Clerk, City Hall, 13 and Central
Avenue, Dubuque, Iowa; and
Whereas, City and Dubuque Terminals, Inc. have agreed to the Lease Agreement, which
among other things, provides for a term through June 30, 2014 with a potential one (1) year
extension (The Ice Harbor); and
Whereas, on May 3, 2010, the City Council pursuant to notice published as required by law,
held a public hearing on its intent to dispose of the foregoing interest in real property and
overruled all objections thereto; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to
approve the Lease Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Lease Agreement between the City and Dubuque Terminals, Inc., is hereby
approved and the City Manager is authorized to execute said Lease Agreement on behalf of the
City of Dubuque.
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Passed, approved and adopted this 3 day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Lower Bee Branch Creek Restoration Project: Proof of publication on notice of public
hearing to consider the plans and specifications, form of contract and estimated cost for the
Lower Bee Branch Creek Restoration Project and City Manager recommending approval.
Motion by Connors to receive and file the documents and adopt Resolution No. 150-10
Approving plans, specifications, form of contract, and estimated cost for the Lower Bee Branch
Creek Restoration Project. Seconded by Voetberg. Motion carried 7-0.
RESOLUTION NO. 150-10
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE LOWER BEE BRANCH CREEK RESTORATION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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That the proposed plans, specifications, form of contract and estimated cost for the Lower
Bee Branch Creek Restoration Project, in the estimated amount $10,679,520.00, are hereby
approved.
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Passed, adopted and approved this 3 day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Asbury Road and IA 32 Traffic Signal and Grading Project: Proof of publication on notice of
public hearing to consider the plans and specifications, form of contract and estimated cost for
the Asbury Road and IA 32 Traffic Signal and Grading Project and City Manager
recommending approval. Motion by Lynch to receive and file the documents and adopt
Resolution No. 151-10 Approving plans, specifications, form of contract, and estimated cost for
the Asbury Road and IA 32 Traffic Signal and Grading Project. Seconded by Connors. Motion
carried 7-0.
RESOLUTION NO. 151-10
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE ASBURY ROAD AND IA 32 TRAFFIC SIGNAL & GRADING PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Asbury
Road and IA 32 Traffic Signal & Grading Project, in the estimated amount $654,474.00, are
hereby approved.
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Passed, adopted and approved this 3 day of May, 2010.
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
Liquor License Violation Hearing – Lot One: City Manager recommending that a hearing be
held regarding the second offense civil alcohol compliance penalty violation for Lot One to
determine if the alcohol compliance civil penalty should be assessed. Motion by Voetberg to
receive and file the documents, approve the recommendation, and assess a civil penalty.
Seconded by Connors. Assistant City Attorney Crenna Brumwell conducted the penalty
hearing. After being sworn in, Corporal Steve Eastvedt, responded to questions from Ms.
Brumwell and the City Council. Also having been sworn in, Lot One owner Joe Zwack, 9499
Turkey Ridge, addressed the City Council and responded to questions. City Council reached
consensus of monetary fine and directed staff to work with Mr. Zwack regarding serving the 30-
day suspension on non-consecutive days. Motion carried 7-0.
Wingate Place No. 3 – Final Plat: City Manager recommending approval of the final plat of
Wingate Place No. 3 as requested by James Gantz. Motion by Connors to receive and file the
documents and adopt Resolution No. 152-10 Approving final plat of Wingate Place No. 3 in the
City of Dubuque, Iowa. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 152-10
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AUTHORIZING APPROVING FINAL PLAT OF WINGATE PLACE NO. 3 IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a final plat of Wingate Place No. 3 in the
City of Dubuque, Iowa; and
Whereas, upon said final plat appears a street to be known as Wingate Drive (Lot A)
together with certain public utility, storm sewer, water main easements, and storm water
detention facility (Lot B) which the owner by said final plat has dedicated to the public forever;
and
Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and had her approval
endorsed thereon; subject to the owner’s agreeing to the conditions noted in Section 3 below;
and
Whereas, said final plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating to it, except that streets and public utilities
have not yet been completely constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Wingate Drive (Lot A) and the easements for public
utilities, storm sewer and water mains, as they appear on said final plat, be and the same are
hereby accepted; and
Section 2. That the Final Plat of Wingate Place No. 3 is hereby approved by the Mayor and
City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque,
Iowa, upon said final plat, provided the owners of said property herein named, execute their
written acceptance hereto attached agreeing:
(a) To reduce Wingate Drive (Lot A) to grade and to construct concrete curb and
gutter and to hard surface with asphaltic concrete, or with concrete paving with
integral curb and sub-drain system, all in accordance with the City of Dubuque
standard specifications, all in a manner acceptable to the City Engineer, in
conformance with construction improvement plans approved by the City
Engineer, and inspected by the City Engineer.
(b) To install sanitary sewer mains and sewer service laterals into each individual lot,
water mains and water service laterals into each individual lot, storm sewers and
catch basins, boulevard street lighting and erosion control devices all in
accordance with the City of Dubuque standard specifications, all in a manner
acceptable to the City Engineer, and in accordance with construction
improvement plans approved by the City Engineer, and inspected by the City
Engineer.
(c) To construct a storm water detention facility (Lot B) in a manner acceptable to
the City Engineer, in accordance with the City of Dubuque standard
specifications approved by the City Engineer, and inspected by the City
Engineer.
(d) To construct sidewalk along Wingate Drive frontage of Lot B in accordance with
City of Dubuque Standards and specifications.
(e) To construct said improvements, prior to the two (2) years from the date of
acceptance of this resolution, at the sole expense of the owners, or future owner.
(f) To maintain the public improvements, for a period of two (2) years from the date
of the acceptance of those improvements by the City Council of the City of
Dubuque, Iowa, at the sole final expense of the owners, or future owner;
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And, further provided that said GNZ Properties, Inc., L. Wingate Properties, LLC, D.
Wingate Real Estate, LLC, as owners of said property, shall secure the performance of the
foregoing conditions provided in this Section by providing guarantees in such form and with
such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa.
Section 3. Sidewalk installation shall be the responsibility of the owner abutting the public
rights-of-way, including lots with multiple frontages, as required by City Code 41-100 and 42-
24.
Section 4. The owner must continue to own and maintain Lot B and stormwater detention
facility until (1) the facility has been fully completed, (2) 80% of the platted lots on Wingate
Place, Wingate Place No. 2, Wingate Place No. 3, and subdivisions thereof have been fully
developed, and (3) adequate erosion control measures, as approved by the City have been
installed on the remaining 20% of the lots. Acceptance of Lot B and the detention facility must
be by the City Council as required by the Unified Development Code. Upon the City’s
acceptance of the detention facility, the inspection, administrative and maintenance expenses
incurred by the City of Dubuque for the storm water detention facility (Lot B) shall be assessed
against the lot owners of Wingate Place as indicated above and the preliminary plat, in
proportion to the acreage of each lot, and the City Manager shall certify such costs to the City
Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such
costs shall then be collected with and in the same manner as general property taxes in
accordance with provisions of law.
Section 5. That the final acceptance of the public improvements shall occur upon
certification of the City Engineer to the City Council that the public improvements have been
completed in accordance with the approved improvement plans and City standards and
specifications and accepted by City Council Resolution.
Section 6. That the easement for the temporary cul-de-sac shall expire upon the platting of
the extension of Wingate Drive to Sylvan Drive.
Section 7. That in the event GNZ Properties, Inc., L. Wingate Properties, LLC, D. Wingate
Real Estate, LLC, fails to execute the acceptance and furnish the guarantees provided in
Sections 2 and 3 hereof within 180 days after the date of this Resolution, the provisions hereof
shall be null and void and the acceptance of the dedication and approval the plat shall not be
effective.
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Passed, approved and adopted this 3 day of May 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ACCEPTANCE OF RESOLUTION NO. 152-10
I, the undersigned, Jim Gantz, representing GNZ Properties, Inc., L. Wingate Properties,
LLC, D. Wingate Real Estate, LLC, having read the terms and conditions of the Resolution No.
152-10 and being familiar with the conditions thereof, hereby accept this same and agree to
the conditions required therein.
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Dated in Dubuque, Iowa this 3 day of May 2010.
Jim Gantz
GNZ Properties, Inc.,
L. Wingate Properties, LLC,
D. Wingate Real Estate, LLC
Transit Management Contract Proposal: City Manager recommending approval of the
selection of ECIA for transit management services. Motion by Voetberg to receive and file the
documents and adopt Resolution No. 153-10 Approving the selection of East Central
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Intergovernmental Association (ECIA) for transit management services and authorizing the
City Manager to execute an appropriate contract for said management contract. Seconded by
Resnick. Responding to questions from City Council, Economic Development Director Dave
Heiar stated that a joint City/ECIA committee will appoint the new transportation director and
operations supervisor with ECIA Executive Director Kelley Hutton-Deutmeyer supervising the
ECIA and City transportation directors. Ms. Deutmeyer stated that RTA currently has both full-
time and part-time drivers and described several ideas for the project. Van Milligen clarified the
budget funding and added that current transit employees would remain City employees. Motion
carried 7-0.
RESOLUTION NO. 153-10
APPROVING THE SELECTION OF EAST CENTRAL INTERGOVERNMENTAL
ASSOCIATION (ECIA) FOR TRANSIT MANAGEMENT SERVICES AND AUTHORIZING
THE CITY MANAGER TO EXECUTE AN APPROPRIATE CONTRACT FOR SAID
MANAGEMENT CONTRACT.
Whereas, the City of Dubuque, Iowa has identified the need for a transit management
company; and
Whereas, a Request for Proposals solicited consultant services to provide transit
management for Keyline Transit; and
Whereas, East Central Intergovernmental Association (ECIA) is recommended to provide
transit management services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the selection of East Central Intergovernmental Association (ECIA) as the
consultant to provide management of the City’s Transit Department is hereby approved.
Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of
the City of Dubuque, Iowa, a contract with East Central Intergovernmental Association (ECIA)
for a five year transit management contract for the following amounts;
Year 1 (2010-2011) $ 24,230.00 per month
Year 2 (2011-2012) $ 25,441.50 per month
Year 3 (2012-2013) $ 26,713.58 per month
Year 4 (2013-2014) $ 28,049.26 per month
Year 5 (2014-2015) $ 29,451.73 per month
Passed, approved and adopted this 3rd day of May, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Washington Street Row House Project – Iowa Finance Authority Loan: City Manager
recommending approval of a $250,000 loan application through the OurHome Construction
Loan Program from the Iowa Finance Authority to assist with the row house project at 1765-
1795 Washington Street. Motion by Jones to receive and file the documents and approve the
recommendation. Seconded by Voetberg. Motion carried 7-0.
Dubuque Levee and Floodwall Certification: City Manager recommending approval of the
submission of the One-Year Progress Report for certification of the Dubuque levee and
floodwall system along the Mississippi River, and other related documents to the Federal
Emergency Management Agency. Motion by Connors to receive and file the documents and
approve the recommendation. Seconded by Voetberg. Motion carried 7-0.
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Designation of Chavenelle Drive as Through Street: City Manager recommending that
Chavenelle Drive be designated as a “through street” from Associates Drive to the east right-
of-way line of Seippel Road and from the west right-of-way line of Seippel Road to its northerly
terminus. Motion by Lynch to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 25-10 Amending City
of Dubuque Code of Ordinances § 9-7-321.321 Entering through Streets by adding Chavenelle
Drive, from Associates Drive to the east right-of-way line of Seippel Road and from the west
right-of-way line of Seippel Road to its northerly terminus; and Ordinance No. 26-10 Amending
the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (A) of Section
§ 9-7-321.322 thereof providing for the deletion of the stop sign on Futuro Court at Chavenelle
Drive. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 25-10
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES 9-7-321.321 ENTERING
§
THROUGH STREETS BY ADDING CHAVENELLE DRIVE, FROM ASSOCIATES DRIVE TO
THE EAST RIGHT-OF-WAY LINE OF SEIPPEL ROAD AND FROM THE WEST RIGHT-OF-
WAY LINE OF SEIPPEL ROAD TO ITS NORTHERLY TERMINUS
Section 1. City of Dubuque Code of Ordinances § 9-7-321.321 is amended to reads as
follow:
Section 9-7-321.321. Entering Through Streets.
. . .
(b) The following streets are designated as through streets:
. . .
Chavenelle Drive, from Associates Drive to the east right-of-way line of Seippel Road and
from the west right-of-way line of Seippel Road to its northerly terminus.
. . .
Section 2. This Ordinance shall take effect on publication.
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Passed, approved and adopted this 3 day of May, 2010.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 7 day of May, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
26
OFFICIAL PUBLICATION
ORDINANCE NO. 26-10
AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY
MODIFYING SUBSECTION (A) OF SECTION 9-7-321.322 THEREOF PROVIDING FOR
§
THE DELETION OF THE STOP SIGN ON FUTURO COURT AT CHAVENELLE DRIVE
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by
deleting from Subsection (A) of Section §9-7-321.322 thereof as follows:
Section 9-7-321.322. Stop and Yield Intersections
. . .
(A)
Eastbound
. . .
Futuro Court and Chavenelle Road
. . .
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Passed, approved and adopted this 3 day of May, 2010.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 7 day of May, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
COUNCIL MEMBER REPORTS
Lynch reported on the Sister City visit by a delegation from Dornbirn, Austria, May 13-15,
adding that Dornbirn has immigrant ties to Dubuque including ancestral connections to the
Rhomberg family. Lynch invited Council Members to participate in the event.
CLOSED SESSION
Motion by Jones at 8:20 p.m. to go into closed session regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) of the Code of Iowa. Seconded by
Resnick. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 9:23 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 9:24 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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