4 4 11 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on April 4, 2011 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City
Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Mayor Roy D. Buol.
SWEARING-IN
Fourth Ward Council Member Lynn Sutton
PROCLAMATION
Public Health Week (April 4 – 10, 2011) was accepted by Health Services Manager Mary
Rose Corrigan.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Resnick. Braig requested (#14) 2011 Art on the River Exhibition be
held for separate discussion. Motion carried 6-0.
Minutes and Reports Submitted: City Council of 3/21; Historic Preservation Commission of
3/17; Housing Commission of 2/22; Human Rights Commission of 2/14; Long Range Planning
Advisory Commission of 3/16; Sister City Relationships Advisory Commission of 3/16; Zoning
Board of Adjustment of 3/24
Proofs of publication of City Council Proceedings of February 15 and 28, March 1, 3, 7, 10,
and 12, 2011 and List of Claims and Summary of Revenues for Month Ended February 28,
2011
Upon motion the documents were received and filed.
Notice of Claims/Suits: Michael Phillips for property damage; Dale J. Kenkel for vehicle
damage; Rachel Chavez for vehicle damage. Upon motion the documents were received and
filed and referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Monica Welter for
vehicle damage; Joyce Terris for property damage; Dale J. Kenkel for vehicle damage
City Attorney recommending approval of the claim of Michael Phillips for property damage.
Upon motion the documents were received, filed and concurred.
Dubuque Metropolitan Area Solid Waste Agency Voluntary Annexation: Communication
from Marie Steenlage, City Development Board Administrator, submitting the Findings of Fact
and Conclusions of Law and the Final Order filed by the City Development Board approving
the City’s voluntary annexation. Upon motion the document was received and filed.
Iowa Department of Transportation – US 151/61 Capacity Improvements: City Manager
recommending approval of an Iowa Department of Transportation (Iowa DOT) Cooperative
Agreement for Primary Road Project as it relates to the US 151/61 Corridor Project and the
construction of a southbound right-turn lane on US 151/61 at Lake Eleanor Road. Upon motion
the documents were received and filed and Resolution No. 107-11Approving the Iowa
Department of Transportation Cooperative Agreement for Primary Road Project (Agreement
No. 2011-16-123) between the Iowa Department of Transportation and the City of Dubuque for
the US 151/61 Corridor Project was adopted.
RESOLUTION NO. 107-11
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION COOPERATIVE
AGREEMENT FOR PRIMARY ROAD PROJECT (AGREEMENT NO. 2011-16-123)
BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF
DUBUQUE FOR THE US 61/151 CORRIDOR PROJECT
Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of 3R
Primary Road funds for the US 61/151 Corridor Project; and
Whereas, the US 61/151 Corridor Project will provide for the following improvements: New
traffic signalizations on US 61/151 at the intersections of Maquoketa Drive, Twin Valley Drive,
and US 52; and the widening and HMA resurfacing on US 61/151 and at each intersection;
and
Whereas, the 3R Primary Road funds will be eligible to complete said improvements for the
construction of a southbound right-turn lane (Hot Mix Asphalt) on US 61/151 at Lake Eleanor
Road as part of the US 61/151 Corridor Project, within Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Iowa DOT Cooperative Agreement for Primary Road Project
(Agreement 2011-16-123) between the City of Dubuque and the Iowa Department of
Transportation be approved for construction of a southbound right-turn lane (Hot Mix Asphalt)
on US 61/151 at Lake Eleanor Road as part of the US 61/151 Corridor Project, within Dubuque
County, Iowa.
Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT
Cooperative Agreement for Primary Road Project (Agreement 2011-16-123) for the US 61/151
Corridor Project in Dubuque.
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Passed, approved and adopted this 4 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Railroad Property Purchase – 6 and Jackson Street: City Manager recommending
approval to purchase Lot 1 of Lot 3 of Milwaukee Industrial Tract No. 1 in the City of Dubuque
from the Chicago, Central & Pacific Railroad Company for the hike/bike trial in the Historic
Millwork District. Upon motion the documents were received and filed and Resolution No. 108-
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11 Accepting a conveyance of property of Lot 1 of Lot 3 of Milwaukee Industrial Tract No. 1 in
the City of Dubuque was adopted.
RESOLUTION NO. 108-11
ACCEPTING A CONVEYANCE OF PROPERTY OF LOT 1 OF LOT 3 OF MILWAUKEE
INDUSTRIAL TRACT NO. 1 IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an agreement with the Chicago, Central &
Pacific Railroad Company pursuant to which the Chicago, Central & Pacific Railroad Company
agreed to convey all of Lot 1 of Lot 3 of Milwaukee Industrial Tract No. 1 in the City of
Dubuque, Iowa; and
Whereas, the Chicago, Central & Pacific Railroad Company has executed a conveyance of
said property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and
consents to the Quit Claim Deed from the Chicago, Central & Pacific Railroad Company,
copies of which are attached hereto, as required by Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in connection herewith.
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Passed, approved and adopted this 4 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Final Plat – Engine House No. 1 Subdivision: City Manager recommending approval of the
final plat of Lot 1 and Lot A of Engine House No. 1 Subdivision in the City of Dubuque,
Dubuque County, Iowa. Upon motion the documents were received and filed and Resolution
No. 109-11 Approving the plat of Lot 1 and Lot A of Engine House No. 1 Subdivision in the City
of Dubuque, Dubuque County, Iowa, was adopted.
RESOLUTION NO. 109-11
APPROVING PLAT OF LOT 1 AND LOT A OF ENGINE HOUSE NO. 1 SUBDIVISION IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat
of Lot 1 and Lot A of Engine House No. 1 Subdivision in the City of Dubuque, Dubuque
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County, Iowa, dated the 17 day of March, 2011, prepared by Buesing & Associates,
dedicating right of way for Central Avenue to be known as Lot A of Engine House No. 1
Subdivision; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the plat dated the 17 day of March, 2011 prepared by Buesing &
Associates relative to the real estate hereinabove described be and the same is hereby
approved, and the Mayor and City Clerk be and they are hereby authorized and directed to
execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right
of ingress and egress thereto, for the purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas,
telephone, television cable, fiber optics, and electric lines as may be authorized by the City of
Dubuque, as shown on said Lot A of Engine House No. 1 Subdivision.
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Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and
certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa.
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Passed, approved and adopted this 4 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
American Council of Engineering Companies 2011 Engineering Excellence Award for the
East-West Corridor Connectivity Study: City Manager transmitting information on the state and
national recognition received from the American Council of Engineering Companies (ACEC)
for the East-West Corridor Connectivity Study. Upon motion the documents were received and
filed.
Veterans’ Park Community Garden Partnership with Dubuque Jaycees: City Manager
recommending approval of a one-year agreement with the Dubuque Jaycees to operate a
community garden at Veterans’ Memorial Park. Upon motion the documents were received,
filed, and approved.
EPA Community Action for a Renewed Environment (CARE) Grant Application: City
Manager recommending approval of an EPA CARE grant application in the amount of
$96,426. Upon motion the documents were received, filed, and approved.
Worker’s Compensation Settlement Agreement: Attorney Les V. Reddick recommending
approval of the Agreements for Settlement with respect to two workers’ compensation claims
filed by Randall A. DeMoss. Upon motion the documents were received, filed, and approved.
Management Agreement – Miller Riverview Park: City Manager recommending approval of
the Management Agreement with Kenneth M. Clayton for Miller Riverview Park. Upon motion
the documents were received, filed, and approved.
Cartegraph Strategic Advisory Board: City Manager recommending approval for Information
Services Manager Chris Kohlmann and Street and Sewer Maintenance Supervisor John
Klosterman to represent the City at the Cartegraph Strategic Advisory Board meeting in
Washington DC. Upon motion the documents were received, filed, and approved.
Planning for Historic Preservation and New Job Creation Article: City Manager transmitting
an article authored by Economic Development Director Dave Heiar on Planning for Historic
Preservation and New Job Creation which appeared in the Economic Development Journal.
Upon motion the documents were received and filed.
2011 Art on the River Exhibition: Arts and Cultural Affairs Advisory Commission requesting
City Council concurrence with the selection of artwork for the 2011 Art on the River
Competition. Motion by Braig to receive and file the documents. Seconded by Jones. Ms. Braig
expressed recognition of the exhibition and thanked the Commission for their work. Motion
carried 7-0.
Port of Dubuque Marina Project – Amended Grant Agreement: City Manager recommending
approval of the execution of an Amendment to the City’s Federal BIG Tier II Funding
Agreement Contract for the development of a transient boating marina facility at the Port of
Dubuque. Upon motion the documents were received, filed, and approved.
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2011 Fire Hydrant Painting Project: City Manager recommending award of the public
improvement contract for the 2011 Fire Hydrant Painting Project to Ted Stackis Construction in
the amount of $59,800. Upon motion the documents were received and filed and Resolution
No. 110-11 Awarding public improvement contract for the 2011 Fire Hydrant Painting Project
was adopted.
RESOLUTION NO. 110-11
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR PHASE I OF THE FIRE HYDRANT
PAINTING PROJECT CIP 740-2201
Whereas, sealed proposals have been submitted by contractors for the Fire Hydrant
Painting Project (the Project) pursuant to Resolution No. 58-11 and Notice to Bidders
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published in a newspaper published in the City of Dubuque, Iowa on the 25 day of February,
2011; and
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Whereas, said sealed proposals were opened and read on the 24 day of March, 2011 and
it has been determined that Ted Stackis Construction of Dubuque, Iowa, with a bid amount of
$59,800.00, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Ted Stackis
Construction, and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
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Passed, approved and adopted this 4 day of April, 2011.
Roy D Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Northwest Arterial Hike / Bike Trail – Phase 3 Project: City Manager recommending award
of the public improvement contract for the Northwest Arterial Hike / Bike Trail – Phase 3
Project to Drew Cook and Sons Excavating, Inc., in the amount of $143,599.60. Upon motion
the documents were received and filed and Resolution No. 111-11 Awarding public
improvement contract for the Northwest Arterial Hike / Bike Trail – Phase 3 Project was
adopted.
RESOLUTION NO. 111-11
AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE IOWA 32 HIKE/BIKE
TRAIL, PHASE 3 PROJECT
Whereas, sealed proposals have been submitted by contractors for the Iowa 32 Hike/Bike
Trail, Phase 3 (the Project) pursuant to Resolution No. 102-11 and Notice to Bidders published
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in a newspaper published in the City of Dubuque, Iowa, on the 11 day of March, 2011; and
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Whereas, said sealed proposals were opened and read on the 24 day of March, 2011 and
it has been determined that Drew Cook & Sons Excavating Co, Inc., of Dubuque, Iowa, with a
bid in the amount of $143,599.60, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Drew Cook & Sons
Excavating Co, Inc., and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
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Passed, approved and adopted this 4 day of April, 2011.
Roy D. Buol, Mayor
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Attest: Jeanne F. Schneider, CMC, City Clerk
Request for Proposals – ARC Transfer Center: City Manager recommending approval of the
issuance of a Request for Proposal for the final design and engineering of the Phase I canopy,
and preliminary design of the Phase II enclosure, for the ARC Transfer Center for The Jule.
Upon motion the documents were received, filed, and approved.
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Central Avenue HMA Resurfacing – 21 to 32 Street Project: City Manager recommending
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award of the public improvement contract for the Central Avenue HMA Resurfacing – 21 to
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32 Street Project to River City Paving in the amount of $1,361,772.11. Upon motion the
documents were received and filed and Resolution No. 112-11 Awarding public improvement
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contract for the Central Avenue HMA Resurfacing – 21 to 32 Street Project was adopted.
RESOLUTION NO. 112-11
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE CENTRAL AVENUE HMA
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RESURFACING PROJECT, FROM 21 TO 32 STREET (IOWA DOT PROJECT NO.
STPN-052-2(106)--2J-31)
Whereas, sealed proposals have been submitted by contractors for the Central Avenue
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HMA Resurfacing Project, from 21 to 32 Street (Iowa DOT Project No. STPN-052-2(106)--
2J-31) (the Project) pursuant to Resolution No. 83-11 and Notice to Bidders published in a
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newspaper published in the City of Dubuque, Iowa, on the 10 day of March, 2011; and
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Whereas, said sealed proposals were opened and read on the 29 day of March, 2011 and
it has been determined that River City Paving of Dubuque, Iowa, with a bid in the amount of
$1,361,772.11, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to River City Paving
and the City Manager is hereby directed to execute a Public Improvement Contract on behalf
of the City of Dubuque for the Project.
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Passed, approved and adopted this 4 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Citizen Communications: Communication from John Kirpes, Pfohl’s Inc., in opposition to the
possibility of a drive thru in the alley of Hartig Drug on Locust Street.
Communication from Jim and Dorothy Dodds, 710 Laurel Street, in opposition to the
proposed extension of sewer lines on Laurel Street.
Communication from Tom and Judy Edmonds, 700 Laurel Street, in opposition to the
proposed extension of sewer lines on Laurel Street.
Upon motion the documents were received and filed.
Legislative Communication: Communication from Senator Charles E. Grassley regarding
the Community Development Block Grant (CDBG) Program. Upon motion the document was
received and filed.
River Enhancement Community Attraction and Tourism (RECAT) Grant: City Manager
recommending approval of the additional local match required by Vision Iowa for the River
Enhancement Community Attraction and Tourism (RECAT) grant. Upon motion the documents
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were received and filed and Resolution No. 113-11 Approving additional local match for the
RECAT Program for funding for America’s River Project III was adopted.
RESOLUTION NO. 113-11
APPROVING ADDITIONAL LOCAL MATCH FOR THE RECAT PROGRAM FOR FUNDING
FOR AMERICA’S RIVER PROJECT III
Whereas, the River Enhancement Community Attraction and Tourism (RECAT) program is
designed to assist communities in the development and creation of multiple purpose attraction
or tourism facilities; and
Whereas, the City of Dubuque submitted an application to Vision Iowa requesting
assistance in financing America’s River Project III. The America’s River Project III consists of
the construction of a linear park along the Bee Branch Creek. Amenities include bike/hike
trails, historic lighting, benches and an amphitheatre; and
Whereas, Vision Iowa found the America’s River Project III to meet the requirements
established for participation in the River Enhancement Community Attraction and Tourism
program; and
Whereas, the Board, on March 9, 2011 unanimously voted to award a grant not to exceed
$2.25 million dollars for construction of the Bee Branch Creek Restoration Project and a linear
park; and
Whereas, the Board requires an additional $170,177 local match for the RECAT grant; and
Whereas, the City Council of the City of Dubuque finds that it is in the best interests of the
City to approve $170,000 of additional local match for the RECAT grant from existing
Stormwater User Fee Funds.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The additional local match of $170,177 required by Vision Iowa payable from the
Stormwater User Fee Fund is herby approved.
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Passed, approved and adopted this 4 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Our Town Grant: City Manager recommending approval of a Letter of Support to the
National Endowment for the Arts for the Our Town Grant. Upon motion the documents were
received, filed, and approved.
City Hall HVAC System – Revised: City Manager providing updated information on the
water-usage data for the City Hall HVAC system. Upon motion the documents were received
and filed.
Morton Salt Agreement: City Manager recommending approval to inform Morton Salt
International LLC of the City’s intent to purchase up to 7,000 tons of salt from their remaining
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supplies on May 1. Upon motion the documents were received, filed, and approved.
Volunteer Management Software: City Manager recommending approval of the purchase of
management software for management of spontaneous volunteers as well as volunteers to the
many programs and departments of the City and community. Upon motion the documents
were received, filed, and approved.
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Mediacom: Communication from Les Grassley, Senior Manager – Government Relations,
advising of a rate increase on or about May 1, 2011. Upon motion the document was received
and filed.
Vision Iowa Agreement: City Manager recommending approval of the River Enhancement
Community Attraction and Tourism agreement for the Bee Branch Creek Restoration Project.
Upon motion the documents were received and filed and Resolution No. 114-11 Approving the
River Enhancement Community Attraction and Tourism Program Grant Agreement between
the Vision Iowa Board and the City of Dubuque, Iowa for the Bee Branch Creek Restoration
Project was adopted.
RESOLUTION NO. 114-11
APPROVING THE RIVER ENHANCEMENT COMMUNITY ATTRACTION AND TOURISM
PROGRAM GRANT AGREEMENT BETWEEN THE VISION IOWA BOARD AND THE CITY
OF DUBUQUE, IOWA FOR THE BEE BRANCH CREEK RESTORATION PROJECT
Whereas, the River Enhancement Community Attraction and Tourism (RECAT) Program
was established by the Iowa Legislature and the Governor of Iowa to support community
projects that build on Iowa's unique assets and values and expand the recreational, cultural,
educational, and entertainment opportunities that relate to, connect with and enhance rivers,
lakes, and river corridors in Iowa; and
Whereas, the City of Dubuque submitted an application to the Vision Iowa Board requesting
RECAT assistance to help finance the Bee Branch Creek Restoration Project (the Project);
and
Whereas, the Vision Iowa Board found the Project to meet the requirements established for
participation in the RECAT Program; and
Whereas, the Board unanimously voted to award a grant of Two Million Two Hundred Fifty
Thousand Dollars ($2,250,000) to assist in funding the Project, subject to the terms and
conditions of the River Enhancement Community Attraction and Tourism Program Grant
Agreement attached hereto; and
Whereas, the City Council has determined that execution of the River Enhancement
Community Attraction and Tourism Program Grant Agreement is in the best interests of the
City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The River Enhancement Community Attraction and Tourism Program Grant
Agreement is hereby approved.
Section 2. The City Manager is hereby authorized to execute the Grant Agreement and
such other documents as are necessary to bind the City and to deliver the Grant Agreement
and such other documents as the Vision Iowa Board or the Board’s legal counsel may
reasonably request.
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Passed, approved and adopted this 4 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Signed Contracts: A. Water Pollution Control Plant Modifications Project – Change Order
No. 6; and B. Bunker Hill Pumping Station Renovation. Upon motion the documents were
received and filed.
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Liquor License Transfer: Request of Jumpin’ Jane’s Indoor Party and Play Center to
permanently transfer their liquor license from 2055 Holiday Drive to 4292 Dodge Street. Upon
motion the documents were received, filed, and approved.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 115-11 Granting the issuance of one new permit to sell cigarettes to Fareway Stores, Inc.
#114; Resolution No. 116-11 Granting the issuance of a Class “C” Beer Permit to Hartig Drug
Company, Mulgrew Oil Company and K-Mart #4018; and Resolution No. 117-11 Granting the
issuance of a Class “C” Beer/Liquor License to Noonan’s Tap, Neighbor’s Tap, Hammer Time
Bar, The Hub, Clarke University, Olive Garden Restaurant, Whiskey River, Loras College
Campus Center, Joliet Building Corporation and Marco’s Italian American Food; a Class “B”
Wine Permit to Hartig Drug, K-Mart #4018 and Fareway Store #114; a Class “WBN” Native
Wine Permit to National Mississippi River Museum and 16th Street Auto/Truck Plaza; and a
Class “E” Liquor License to Fareway Store #114 were adopted.
RESOLUTION NO. 115-11
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and
Cigarette Papers within said City.
NEW
Fareway Stores, Inc. # 114 Fareway Store, Inc. 2050 JFK Road
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Passed, approved and adopted this 4 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 116-11
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been 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 “C” BEER PERMIT
Hartig Drug Company Hartig Drug Company +(Sunday Sale) 2255 JFK Road
Mulgrew Oil Company Mulgrew Oil Company +(Sunday Sale) 1215 E. 16 th Street
K-Mart Corporation K-Mart # 4018 +(Sunday Sale) 2600 Dodge Street
Fareway Stores, Inc. Fareway Store # 114 +(Sunday Sale) 2050 JFK Road
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Passed, approved and adopted this 4 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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RESOLUTION NO. 117-11
Whereas, applications for Liquor Licenses have been submitted to this Council for approval
and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the State Laws and all City Ordinances relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS “C” BEER/LIQUOR LICENSE
Mary Lou Kamp Noonan’s Tap+(Sunday Sale) 1618 Central Ave.
Neighbor’s, Inc. Neighbor’s Tap 1899 Rockdale Road
Russell Northouse Hammer Time Bar 123 Main Street
+(Sunday/Outdoor Sale)
The Hub on Main, Inc. The Hub+(Sunday Sale) 253 Main Street
Clarke University of Dubuque Clarke University 1550 Clarke Drive
+(Sunday Sale)
GMRI, Inc. Olive Garden Restaurant #1516 3350 Dodge Street
+(Sunday Sale)
Chad Streff Whiskey River +(Sunday Sale) 1064 University Ave.
Aramark Education Service Loras College Campus Center 1450 Alta Vista Street
+(Sunday Sale)
Knights of Columbus Joliet Building Corp. +(Sunday 781 Locust Street
Sale)
Marco’s, Inc. Marco’s Italian-American Food 2022 Central Ave.
+(Sunday Sale)
CLASS “B” WINE PERMIT
Hartig Drug Company Hartig Drug 2255 JFK Road
K-Mart Corporation K-Mart #4018 2600 Dodge Street
CLASS “WBN” NATIVE WINE PERMIT
DBQ County Historical Society National Mississippi River Museum 350 E. 3 rd Street
Mulgrew Oil Company 16 th St Auto/Truck Plaza 1215 E. 16 th Street
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Passed, approved and adopted this 4 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Braig. Motion carried 7-0.
Flexsteel Project: City Manager recommending that a public hearing be set for April 18,
2011 to consider the disposition of approximately 27,137 square feet of property in the Port of
Dubuque to Flexsteel Industries, Inc. for the purpose of constructing a 40,000 square foot
multi-story office building and approval of a Development Agreement relating thereto. Upon
motion the documents were received and filed and Resolution No. 118-11 Resolution of intent
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to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing
of the City Council of the City of Dubuque on the proposed issuance of Urban Renewal Tax
Increment Revenue Obligations and the execution of a Development Agreement relating
thereto with Flexsteel Industries, Inc. and providing for the publication of notice thereof was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 18, 2011 in
the Historic Federal Building.
RESOLUTION NO. 118-11
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE
AND
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX
INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT
AGREEMENT RELATING THERETO WITH FLEXSTEEL INDUSTRIES, INC., AND
PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City), is the owner of the following real property (the
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Property); Lot 1-1 in Adams Company’s 4 Addition, in the City of Dubuque, Iowa; and
Whereas, City and Flexsteel Industries, Inc., have entered into a Development Agreement,
subject to the approval of the City Council, a copy of which is now on file at the Office of the
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City Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa, pursuant to which City will
convey the Property to Flexsteel Industries, Inc., as shown on Exhibit A attached hereto; and
Whereas, the City Council has tentatively determined that it would be in the best interests of
the City to approve the Development Agreement, including the conveyance of the Property to
Flexsteel Industries, Inc.; and
Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal
Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to
enter into the Development Agreement relating thereto for the purpose of carrying out an
Urban Renewal Plan as hereinafter described; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of the
meeting at which the City Council proposes to take action thereon and at which meeting the
City Council shall receive oral and/or written objections from any resident or property owner of
said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described
Property by Deed to Flexsteel Industries, Inc.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the
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City's intent to dispose of the foregoing-described Property, to be held on the 18 day of April,
2011 at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W.
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6 Street, Dubuque, Iowa.
Section 3. The City Council will also meet at said time and place for the purpose of taking
action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the
execution of the Development Agreement relating thereto with Flexsteel Industries, Inc., the
proceeds of which obligations will be used to carry out certain of the special financing activities
described in the Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District, consisting of the funding of economic developments grants to Flexsteel
Industries, Inc., pursuant to the Development Agreement under the terms and conditions of
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said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment
Revenue obligations will be approximately $1,540,000.
Section 4. The Clerk is hereby directed to cause at least one publication to be made of a
notice of said meeting, in a newspaper, printed wholly in the English language, published at
least once weekly, and having general circulation in said City, said publication to be not less
than four days nor more than twenty days before the date of said meeting on the issuance of
said obligations.
Section 5. That the notice of the proposed action to issue said obligations shall be in
substantially the form [provided].
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Passed, approved and adopted this 4 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fiscal Year 2011 Third Budget Amendment: City Manager recommending that a public
hearing be set for April 18, 2011 to consider adoption of the Fiscal Year 2011 Third Budget
Amendment. Upon motion the documents were received and filed and Resolution No. 119-11
Setting the date for public hearing on the Fiscal Year 2011 Third Budget Amendment was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 18, 2011 in
the Historic Federal Building.
RESOLUTION NO. 119-11
SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 3 TO THE
FISCAL YEAR 2011 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and
place for a public hearing on amendments to the budget and publish notice before the hearing
as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on proposed Amendment
No. 3 to the Fiscal Year 2011 budget for the City of Dubuque at the City Council Chambers at
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the Historic Federal Building, 350 West 6 Street, Dubuque, Iowa, on Monday, April 18, 2011
beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of
the public hearing, according to law, together with the required budget information.
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Passed, approved and adopted this 4 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road): City Manager
recommending initiation of the public bidding process for the Kaufmann Avenue Utility Project
(John F. Kennedy Road to Chaney Road) and that a public hearing be set for April 18, 2011.
Upon motion the documents were received and filed and Resolution No. 120-11 Preliminary
approval of plans, specifications, form of contract, and estimated cost; setting date of public
hearing on the plans and specifications, form of contract, and estimated cost; and ordering the
advertisement for bids for the Kaufmann Avenue Utility Project (John F. Kennedy Road to
Chaney Road) was adopted setting a public hearing for a meeting to commence at 6:30 p.m.
on April 18, 2011 in the Historic Federal Building.
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RESOLUTION NO. 120-11
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS FOR THE KAUFMANN AVENUE UTILITY PROJECT (JOHN
F. KENNEDY ROAD TO CHANEY ROAD)
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Kaufmann
Avenue Utility Project (John F. Kennedy Road to Chaney Road), in the estimated amount of
$247,201.18, are hereby preliminarily 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 18 day of April, 2011 at 6:30 p.m. in the Historic
Federal Building Council Chambers at which time interested persons may appear and be
heard for or against the proposed plans and specifications, form of contract and estimated cost
of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having general 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 Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road) 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 26 day of April, 2011. Bids shall be opened and read by the City
Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the
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May 2, 2011 in the Historic Federal Building Council Chambers (second floor), 350 West 6
Street, Dubuque, Iowa.
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Passed, adopted and approved this 4 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions: Housing Commission: One 3-year term through August 17,
2011 (Term of Sutton). Applicant: Amy Eudaley, 950 Wood Street.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
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Franklin Investments, LLC – Development Agreement: Proof of publication on notice of
public hearing to consider entering into a Development Agreement with Franklin Investments,
LLC for redevelopment of the property located at 39 Bluff Street. Motion by Connors to receive
and file the documents and adopt Resolution No. 121-11 Approving a Development Agreement
with Franklin Investments, LLC for the property located at 39 Bluff Street. Seconded by Jones.
Motion carried 7-0.
RESOLUTION NO. 121-11
APPROVING A DEVELOPMENT AGREEMENT WITH FRANKLIN INVESTMENTS, LLC
FOR THE PROPERTY LOCATED AT 39 BLUFF STREET
Whereas, the City of Dubuque, Iowa, has created a Downtown Incentives Program for the
purpose of stimulating reinvestment in the Greater Downtown Urban Renewal District; and
Whereas, the City of Dubuque, Iowa, is encouraging the use of financial incentives to help
finance code compliance activities and to spur redevelopment; and
Whereas, it is the determination of this Council that approval of the Development Agreement
for the rehabilitation of the Property owned by Franklin Investments, LLC according to the
terms and conditions set out in the Development Agreement is in the public interest of the City
of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agreement with Franklin Investments, LLC is hereby
accepted and approved.
Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of
the City of Dubuque, Iowa, the attached Development Agreement with Franklin Investments,
LLC.
Section 3.That the City Manager is hereby authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all necessary grant documents and is further authorized
to disburse grant funds in accordance with the terms and conditions of the executed
agreement.
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Passed, approved and adopted this 4 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Acquisition of Property for the Southwest Arterial: Proof of publication on notice of public
hearing on a portion of the Southwest Arterial Project and making the final site selections for
that portion of the project. Motion by Jones to receive and file the documents and adopt
Resolution No. 122-11 Approving a portion of the Southwest Arterial project and making the
final selection of a site for a portion of the Southwest Arterial project. Seconded by Resnick.
Betty Tigges, 2082 Admiral Street, spoke in opposition to acquiring more of her parcel and the
dead-end spur that will be created for the project stating it is dangerous. Responding to
questions from City Council, Assistant City Engineer Bob Schiesl stated the type of spur that
will be created at the intersection of North Cascade and English Mill Roads will serve the
property owners that remain when construction is finished and that it is a common spur design
not known to be dangerous. Motion carried 7-0.
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RESOLUTION NO. 122-11
APPROVING A PORTION OF THE SOUTHWEST ARTERIAL PROJECT AND MAKING THE
FINAL SELECTION OF A SITE FOR A PORTION OF THE SOUTHWEST ARTERIAL
PROJECT
Whereas, pursuant to Iowa Code §6B.2A, written notice of a public hearing has been given
to each of the of the owners of record of agricultural land described below that may be subject
to condemnation for the public improvement known as the Southwest Arterial Project; and
Whereas, the City Council has conducted a public hearing on the approval of a portion of,
and the site location for the Southwest Arterial Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The Southwest Arterial Project as it relates to the property described below is
approved.
Section 2. The following described property is determined to be part of the site location for
the public improvement known as the Southwest Arterial Project:
PROPERTY OWNER(S)
Part of Parcel 124 Sharon L. Bradley, Trustee of the Sharon L.
as described on Exhibit A attached Bradley Trust dated March 25, 2004
Part of Parcel 130 Robert W. Bradley, Trustee of the Robert W.
as described on Exhibit B attached Bradley Trust dated March 25, 2004
Part of Parcel 147 Betty Jean Siegert Tigges
as described on Exhibit C attached
Part of Parcel 151a John L. Knepper
as described on Exhibit D attached
Part of Parcel 169s River City Development, LLC
as described on Exhibit E attached
Part of Parcel 170 Robert L. Simon and Connie F. Simon
as described on Exhibit F attached
Part of Parcel 172 Mt. Olivet Cemetery Association
as described on Exhibit G attached
Part of Parcel 173 Michael D. Lambert and Chris A. Lambert
as described on Exhibit H attached
Part of Parcel 174 David L. Lambert and Shirley A. Lambert
as described on Exhibit I attached
Part of Parcel 184 Jon D. Luckstead
as described on Exhibit J attached
Part of Parcel 187 Jon Luckstead
as described on Exhibit K attached
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Passed, approved and adopted this 4 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
2011 Dubuque Works Annual Report and Resource Guide: Greater Dubuque Development
Corporation Director Rick Dickinson and Director of Work Force Development Sarah Harris to
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present the 2011 Dubuque Works Annual Report and Resource Guide. Motion by Jones to
receive and file the information. Seconded by Connors. Mr. Dickinson and Ms. Harris provided
a slide presentation on the Dubuque Works Workforce Initiative Year-End 2010-2011
accomplishments. Motion carried 7-0.
Westbrook Subdivision – Phase I: City Manager recommending approval of an Amendment
to the Development Agreement with Joel Callahan, President of Callahan Construction, for
extension of City assistance for Phase One of Westbrook Subdivision to July 1, 2012. Motion
by Connors to receive and file the documents and approve the recommendation. Seconded by
Braig. Responding to questions from City Council, developer Joel Callahan, 7629 Commerce
Park, stated that litigation with the City of Asbury and a shift in the primary target for sales
caused a slow start but 18 contracts are included in the next phase. Motion carried 7-0.
Final Plat – Westbrook Subdivision – Phase II: City Manager recommending approval of the
final plat of Westbrook Subdivision – Phase II. Motion by Jones to receive and file the
documents and adopt Resolution No. 123-11 Authorizing approval of the final plat of
Westbrook Subdivision No. 2 in the City of Dubuque, Iowa. Seconded by Connors. Motion
carried 7-0.
RESOLUTION NO. 123-11
AUTHORIZING APPROVAL OF THE FINAL PLAT OF WESTBROOK SUBDIVISION NO. 2
IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Westbrook Subdivision No.
2 in the City of Dubuque, Iowa; and
Whereas, upon said final plat appear streets to be known as North Westbrook Drive (Lot L),
South Westbrook Drive (Lot N), and Trails Edge Drive (Lot M) together with certain public
utility, storm sewer and water main easements, stormwater detention facilities (Lot O and Lot
P) and park and open space area (Lot Q and Lot R), which the owner by said final plat has
dedicated to the public forever; and
Whereas, said plat provides 0 feet of frontage for Lot O, Lot P and Lot R, where 50 feet is
required by Section 16-11-14(B) of the Unified Development Code; and
Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and
its approval has been endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and her approval has been
endorsed thereon, subject to the owner’s agreeing to the conditions specified herein; and
Whereas, said final plat has been examined by the City Council and the City Council find
the final plat conforms to the applicable statutes and ordinances, except that streets and public
utilities have not yet been 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 North Westbrook Drive (Lot L), South Westbrook Drive (Lot
N), Trails Edge Drive (Lot M), and park land (Lot Q) and the easements for public utilities,
storm sewer and water mains, as they appear on said final plat, be and the same are hereby
accepted.
Section 2. That the dedication of Lots O and P (detention areas) and Lot R (open space) are
not accepted at this time. Acceptance of these said lots will be at a later date by quit claim
deed upon completion and acceptance of certain improvements and/or conditions.
Section 3. That Section 16-14-11(B) of the Unified Development Code is waived to allow Lot
O, Lot P, and Lot R to have 0 feet of frontage, where 50 feet of frontage is required.
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Section 4. That the final plat of Westbrook Subdivision No. 2 is hereby approved and the
Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of
Dubuque, Iowa, upon said final plat, provided the owners of said property herein named,
execute their written acceptance of the attached conditions and further agree:
(a) To reduce North Westbrook Drive (Lot L), South Westbrook Drive (Lot N), and Trails
Edge Drive (Lot M) to grade and to construct longitudinal sub-drain, concrete curb and
gutter and to hard surface with asphaltic concrete with integral curb, or with concrete paving
with integral curb, all in accordance with the City of Dubuque standard specifications in a
manner acceptable to the City Engineer, in conformance with construction improvement
plans approved by the City Engineer, and inspected and approved by the City Engineer.
(b) To install sanitary sewer 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 in a manner acceptable to the City Engineer, and in
accordance with construction improvement plans approved by the City Engineer, and
inspected and approved by the City Engineer.
(c) To construct a sidewalk along North Westbrook Drive and South Westbrook Drive
frontage of Lot Q in accordance with City of Dubuque Standards and Specifications.
(d) To construct the improvements outlined in (a), (b) and (c) above within two years from
the date of acceptance of this resolution, at the sole expense of the owners, or future owner.
(e) To maintain the improvements outlined in (a), (b) and (c) above 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;
(f) To provide security for the performance of the foregoing conditions specified in this
Section in such form and with such sureties as may be acceptable to the City Manager of
the City of Dubuque, Iowa.
Section 5. That sidewalk installation shall be the responsibility of each lot owner for each lot
abutting the public rights-of-way, including lots with multiple frontages, as required by City
Code Chapter 10-1-2 (Sidewalk Installation and Repair).
Section 6. That the owner must continue to own and maintain Lot O and Lot P of Westbrook
Subdivision No. 2 and stormwater detention facility until (1) the facility has been fully
completed; (2) 80% of the platted lots on Lots 1 thru 48, inclusive of Block 1 of Westbrook
Subdivision and Lots 1 thru 43 inclusive, of Westbrook Subdivision No. 2, and subdivisions
thereof have been fully developed; and (3) adequate erosion control measures, as approved
by the City Engineer have been installed on the remaining 20% of the lots. Acceptance of said
Lot O and Lot P 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 O and Lot P Westbrook Subdivision No. 2) shall be assessed against the
property owners, except the City of Dubuque, of all phases of Westbrook Subdivision as
indicated above and on the preliminary plat, in equal amounts, and the City Manager shall
certify such costs to the City Clerk, who in turn shall promptly certify such costs to the
Dubuque County Treasurer, and such costs shall then be collected with and in the same
manner as general property taxes in accordance with provisions of law.
Section 7. That the planting of street trees shall be coordinated with the City Forester. Any
trees planted within the street right-of-way must be chosen and planted by the City of Dubuque
Leisure Services Department at the developer’s expense.
Section 8. That the owner must continue to maintain designated wetlands within Lot R until
such time as documentation is provided to the City that the wetland areas within Lot R are in
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full compliance with Corps of Engineers regulations. That the owners shall install a one-inch
water service line to serve Lot Q with a shut-off valve and a capped copper service lateral
installed eight (8) feet beyond the valve to allow future access to lateral at a location to be
determined and agreed upon. That Lot Q must be graded by the owner to be fully accessible
per ADA regulations. That a driveway approach on Lot Q be installed by the owner at a
location to be determined and agreed upon.
Section 9. That the final acceptance of the public improvements shall only occur upon
certification of the City Engineer to the City Council that the public improvements have been
completed in accordance with the approved improvement plans and City standards and
specifications and accepted by City Council Resolution.
Section 10. That in the event Callahan Construction, Inc., fails to execute the acceptance
and furnish the guarantees provided hereof within 180 days after the date of this Resolution,
the provisions hereof shall be null and void and the acceptance of the dedication and approval
of the plat shall not be effective.
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Passed, approved and adopted this 4 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ACCEPTANCE OF RESOLUTION NO. 123-11
I, the undersigned, Joel Callahan, representing Callahan Construction, Inc., having read the
terms and conditions of the Resolution No. 123-11 and being familiar with the conditions
thereof, hereby accept the same and agree to the conditions required therein.
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Dated in Dubuque, Iowa, this 4 day of April 2011.
Joel Callahan
Westbrook Subdivision – Phase II: City Manager recommending approval a of Development
Agreement with Joel Callahan, President of Callahan Construction, Inc., for Phase Two of
Westbrook Subdivision, with the incentives for PVC pipe for sanitary sewer and water lines,
with the restriction on underground storage tanks, and the 25% assessment provision. Motion
by Connors to receive and file the documents and approve the recommendation. Seconded by
Resnick. Responding to questions from City Council, Water Plant Manager Bob Green
explained the properties of the PVC piping used and the reasoning for the restrictions. Motion
carried 7-0.
Complete Streets Policy: City Manager recommending approval of a Complete Streets
Policy for the City of Dubuque.
Communication from Charles Winterwood, White Pine Group of the Sierra Club, in support
of a strong complete streets policy.
Motion by Connors to receive and file the documents and adopt Resolution No. 124-11.
Adopting a Complete Streets Policy. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 124-11
RESOLUTION ADOPTING A COMPLETE STREETS POLICY
Whereas, Complete Streets promotes streets that are safe and convenient for all users,
including pedestrians, bicyclists, public transportation riders, and motor vehicle drivers of all
ages and abilities; and
Whereas, streets that support and invite multiple uses, including safe, active, and ample
space for pedestrians, bicycles, and public transportation, are more conducive to the public life
18
and efficient movement of people than streets designed primarily to move automobiles and
trucks; and
Whereas, promoting pedestrian, bicycle and public transportation travel as an alternative to
the automobile reduces negative environmental impacts, promotes healthy living and is less
costly to the commuter; and
Whereas, full integration of all modes in the design of streets and highways, with safety in
equal measure for each mode of travel, will increase the capacity and efficiency of the road
network, reduce traffic congestion by improving mobility options, limiting greenhouse gas
emissions, and improving the general quality of life; and
Whereas, studies have found that providing more travel options, including public transit,
bicycling and walking facilities, is an important element in reducing congestion; and
Whereas, the Federal Highway Administration has confirmed that designing the street with
pedestrians of all ages and abilities in mind significantly reduces pedestrian risk; and
Whereas, the development of a more complete transportation network will eliminate hazards
and improve safety for pedestrians and cyclists of all ages and abilities, who now make up
more than 12 percent of all traffic fatalities; and
Whereas, the design and construction of new facilities should anticipate future demand for
bicycling, walking, and other alternative transportation facilities and not preclude the provision
of future improvements; and
Whereas, Complete Streets are supported by the Institute of Traffic Engineers, American
Planning Association, and other transportation, planning, and public health professionals; and
Whereas, implementation of Complete Streets policies can create immediate jobs through
labor-intensive and small-scale projects, many of which can be accomplished in a limited
timeframe; and
Whereas, Complete Streets projects can do more to aid economic recovery than provide
individual jobs: they can help create complete transportation networks that provide Americans
with transportation choices that are easier on their wallets; and
Whereas, the Dubuque Region Smart Planning Project supports the diversity of
transportation options available through Complete Streets and exemplified by the City of
Dubuque’s Complete Streets Model in the Historic Millwork District; and
Whereas, the City’s Comprehensive Plan supports development of a comprehensive
bike/hike trail system to provide multi-modal transportation for the city; and
Whereas, Complete Streets is a goal for both the Community Design and Reasonable
Mobility principles of the Sustainable Dubuque Plan; and
Whereas, the City of Dubuque was the first city in the metropolitan area to adopt the 2008
Tri-State Area Integrated Walking, Biking, Hiking Network Plan, which advocates for the
adoption of Complete Streets policies by cities and counties in the Tri-State area; and
Whereas, the City annually will evaluate planned street projects for their relationship to the
Implementation Plan of the 2008 Tri-State Area Integrated Walking, Biking, Hiking Network
Plan; and
Whereas, street maintenance projects do not significantly alter the geometry, and therefore
would not be subject to this policy; and
Whereas, the City currently implements curb ramp, sidewalk, signage, and trail projects that
support Complete Streets concepts; and
Whereas, the implementation of the Complete Streets Policy will take into consideration
additional construction costs, recognizing that not every project is a candidate for this desired
outcome; and
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Whereas, the City will post the annual street construction, reconstruction and overlay
projects on the City website and on file at City Hall so that any interested parties can review
and comment on the planned improvements; and
Whereas, the City will document the basis for project-specific exemptions from the
Complete Street Policy, such as topography, right-of-way constraints, cost, or other factors.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council does hereby adopt a Complete Streets Policy, as follows:
1. Develop as many street projects as possible in an affordable, balanced,
responsible, and equitable way that accommodates and encourages travel by motorists,
bicyclists, public transit vehicles and their passengers, and pedestrians of all ages and
abilities.
2. Design and construct new facilities in anticipation of likely future demand for
bicycling, walking and transit facilities and not preclude the provision of future
improvements.
3. Design and construct new facilities to the best currently available standards and
guidelines for Complete Streets and Context-Sensitive Design, recognizing that
topography, cost, and right-of-way constraints are among the limiting factors and that not
every project is a candidate for this desired outcome.
4. City street maintenance projects are not subject to this policy.
Section 2. This Complete Streets policy shall allow for project-specific exemptions to be
approved by the City Council, or the City Manager where a project does not come before the
City Council.
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Passed, approved and adopted this 4 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Long Range Planning Advisory Commission Liaison: Communication from the Long Range
Planning Advisory Commission requesting that the City Council re-evaluate appointing a City
Council Liaison to serve on the Long Range Planning Advisory Commission. Motion by
Connors to receive and file the documents. Seconded by Braig. Ms. Braig read a prepared
statement into the Record. Council reached consensus to reconsider the matter in the future.
Motion carried 7-0.
Smart Planning Consortium: City Manager transmitting information from the recent Dubuque
Region Smart Planning Consortium meetings held on February 9, 2011, and March 9, 2011, as
well as the March 2, 2011 public input session with elected and appointed officials. Motion by
Connors to receive and file the documents. Seconded by Resnick. Planning Services Manager
Laura Carstens stated that City Council Members are welcome to attend any and all meetings
of the Consortium adding that the broader, regional approach of the Consortium relates well to
the comprehensive plans of all participants.
New Name for the Water Pollution Control Plant: City Manager recommending approval to
name the reconstructed Water Pollution Control Plant the Water and Resource Recovery
Center. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Braig. Resnick expressed disapproval for the new name
stating that it doesn’t relate to the purpose of the facility and may be confused with recycling
facilities. Motion carried 6-1 with Resnick voting nay.
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Southwest Arterial Project – Right-of-Way Acquisition: City Manager recommending that the
Just Compensation Value (Fair Market Value) be established for the property to be acquired
for the Southwest Arterial. Motion by Jones to receive and file the documents and adopt
Resolution No. 125-11 Establishing the Fair Market Value of real property for the Southwest
Arterial project, directing good faith negotiations for the acquisition of property and authorizing
the commencement of eminent domain proceedings, if necessary, to acquire property.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 125-11
ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY FOR THE
SOUTHWEST ARTERIAL PROJECT, DIRECTING GOOD FAITH NEGOTIONS FOR THE
ACQUISITION OF PROPERTY AND AUTHORIZING THE COMMENCEMENT OF EMINENT
DOMAIN PROCEEDINGS, IF NECESSARY, TO ACQUIRE PROPERTY
Whereas, the City of Dubuque (City) has caused to be made appraisals of the properties
described below for the Southwest Arterial Project and the appraised values for the properties
are listed below; and
Whereas, the legal description of each of the properties to be acquired, the owners and the
appraised value of each of the properties is listed below; and
Whereas, the City Council has previously conducted a public hearing on the approval of and
the site location for the Southwest Arterial Project, approved the project and the acquisition of
all or a part of the property listed below for the Southwest Arterial Project:
PROPERTY OWNER(S) APPRAISED
VALUE
Part of Parcel 124 Sharon L. Bradley, Trustee of the
as described on Exhibit A attached Sharon L. Bradley Trust dated March 25,
2004
$579,700.00
Part of Parcel 130 Robert W. Bradley, Trustee of the Robert
as described on Exhibit B attached W. Bradley Trust dated March 25, 2004
Part of Parcel 147 Betty Jean Siegert Tigges $20,824.00
as described on Exhibit C attached
Part of Parcel 151a John L. Knepper $1.00
as described on Exhibit D attached
Part of Parcel 169s River City Development, LLC $4,700.00
as described on Exhibit E attached
Part of Parcel 170 Robert L. Simon and Connie F. Simon $455,000.00
as described on Exhibit F attached
Part of Parcel 172 Mt. Olivet Cemetery Association $123,780.00
as described on Exhibit G attached
Part of Parcel 173 Michael D. Lambert and $305,000.00
as described on Exhibit H attached Chris A. Lambert
Part of Parcel 174 David L. Lambert and $410,000.00
as described on Exhibit I attached Shirley A. Lambert
Part of Parcel 184 Jon D. Luckstead $21,180.00
as described on Exhibit J attached
Part of Parcel 187 Jon Luckstead $124,418.00
as described on Exhibit K attached
and;
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Whereas, Iowa law requires that the City make a good faith effort to negotiate with the
owners regarding the purchase before proceeding with condemnation; and
Whereas, the City may not make an offer to purchase a property which is less than the fair
market value City has established for the property; and
Whereas, the City Council now desires to establish the fair market value for each of the
properties; and
Whereas, the City wishes to acquire the properties listed for the Southwest Arterial Project
by negotiation or eminent domain proceedings, if necessary.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The fair market value of each of the properties listed above is hereby established to
be the amount of its appraised value as listed above.
Section 2. The City Manager is directed to enter into good faith negotiations for the acquisition
for each of the above properties, and, if necessary, commence eminent domain proceedings to
acquire the properties.
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Passed, approved and adopted this 4 day of April, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Alcohol License Violations: City Manager recommending adoption of modified liquor license
penalties, which includes a system of escalating fines and suspension options for licensees
and permittees upon violation. Motion by Jones to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig.
Responding to questions from City Council, Van Milligen stated that this process creates
options for the licensees and permittees and that the City looked at the financial impact on
businesses to determine reasonable penalty rates. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 29-11 Amending the
City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2
Liquor Control, Article B Liquor, Beer, and Wine Licenses and Permits by repealing Sections 4-
2B-15 Suspension and Revocation Generally; Grounds and 4-2B-16 Suspension and
Revocation; Specific Terms, and adopting new Sections 4-2B-15 Suspension and Revocation
Generally; Grounds and 4-2B-16 Suspension and Revocation; Specific Terms in lieu thereof,
providing for the suspension and revocation of alcoholic beverage licenses and the penalties
and remedies for violations. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 29-11
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER,
AND WINE LICENSES AND PERMITS BY REPEALING SECTIONS 4-2B-15 SUSPENSION
AND REVOCATION GENERALLY; GROUNDS AND 4-2B-16 SUSPENSION AND
REVOCATION; SPECIFIC TERMS, AND ADOPTING NEW SECTIONS 4-2B-15
SUSPENSION AND REVOCATION GENERALLY; GROUNDS AND 4-2B-16 SUSPENSION
AND REVOCATION; SPECIFIC TERMS IN LIEU THEREOF, PROVIDING FOR THE
SUSPENSION AND REVOCATION OF ALCOHOLIC BEVERAGE LICENSES AND THE
PENALTIES AND REMEDIES FOR VIOLATIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. Section 4-2B-15 of the City of Dubuque Code of Ordinances is amended to read
as follows:
4-2B-15: Suspension and Revocation Generally; Grounds.
A. In addition to the penalties in this Article, the City Council may suspend a license or
permit issued pursuant to this Chapter for a period not to exceed one (1) year, revoke the
license or permit, or impose a civil penalty. Before suspension, revocation, or imposition
of a civil penalty, the licensee or permittee must be given written notice and an
opportunity for a hearing.
B. A license or permit issued under this Chapter may be suspended or revoked or a
civil penalty may be imposed on the licensee or permittee for any of the following:
1. Misrepresentation of any material fact in the application for the license or permit.
2. Violation of any of the provisions of this Chapter.
3. Any change in the ownership or interest in the business operated under a class A,
class B, or class C liquor control license or any wine or beer permit, which change was
not previously reported to and approved by the local authority and/or the Alcoholic
Beverages Division.
4. Any event which would have resulted in disqualification from receiving the license
or permit when originally issued.
5. Any sale, hypothecation, or transfer of the license or permit.
6. The failure or refusal on the part of the licensee or permittee to render any report
or remit any taxes when due to the Alcoholic Beverages Division under this Chapter.
C. A criminal conviction is not a prerequisite to suspension, revocation, or imposition of
a civil penalty pursuant to this Section.
D. The City Council may suspend any retail wine or beer permit or liquor control
license for a violation of this Chapter or Chapter 123 of the Code of Iowa.
E. The City Manager and the City Attorney may enter into an agreement with the
licensee or permittee for the days for which a licensee or permittee may serve a
suspension of a license or permit.
Section 2. Section 4-2B-16 of the City of Dubuque Code of Ordinances is amended to read
as follows:
4-2B-16: Suspension and Revocation; Specific Terms.
A. The conviction of any liquor control licensee or wine or beer permittee for a violation
of any of the provisions of this Chapter is grounds for the suspension or revocation of the
license or permit by the Alcoholic Beverages Division or the City. However, if any liquor
control licensee or any wine or beer permittee is convicted of any violation of the Code of
Iowa, the liquor control license or wine or beer permit must be revoked and must be
immediately surrendered by the holder and the bond of the licensee or permittee must be
forfeited to the Alcoholic Beverages Division.
B. If any licensee, wine or beer permittee, or an employee of such licensee or
permittee is convicted of a violation of this Chapter or Chapter 123 of the Code of Iowa,
the City must, in addition to the other penalties fixed for such violations of this Section,
assess a penalty as follows:
1. First Violation: The licensee or permittee must pay a civil penalty in the amount of
five hundred dollars ($500.00) or serve a fourteen (14) day suspension of the license
or permit. Failure to pay the civil penalty will result in automatic suspension of the
license or permit for a period of fourteen (14) days.
2. Second Violation (within a period of two (2) years): The licensee or permittee
must:
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a. Pay a one thousand five-hundred dollar ($1,500) civil penalty and serve a thirty
(30) day suspension of the license or permit; however, in lieu of the fine and
suspension, the licensee or permittee may:
(1) Pay a five thousand dollar ($5,000) civil penalty and serve a thirty (30) day
suspension of which sixteen (16) days will be suspended, on the condition that the
licensee or permittee receive no further violations for a twelve (12) consecutive
month probationary period. If there is a violation within the twelve (12) month
probationary period, upon service of notice by the City, the sixteen (16) days which
were suspended must be served by the licensee or permittee as agreed upon by
the Chief of Police; or,
(2) Pay a seven thousand five-hundred dollar ($7,500) civil penalty and serve a
thirty (30) day suspension of which twenty-three (23) days will be suspended, on
the condition that the licensee or permittee receive no further violations for a
twelve (12) consecutive month probationary period, together with two (2) of the
following conditions selected by the licensee or permittee with the approval of the
Chief of Police:
i. Terminate the employee who acted illegally.
ii. Purchase and use identification scanners for use on all alcohol sales.
iii. All employees at the time of the violation who may serve alcohol and
continue their employment with the licensee or permittee must be trained in
Training for Intervention Procedures (TIPS) or other training approved by the
City within ninety (90) days and all new employees hired within two (2) years
who may serve alcohol must receive training within thirty (30) days of their hire
date.
iv. Use wristbands for patrons twenty-one (21) years of age and older.
v. Hire staff to check the identification of all patrons as they enter the
establishment for days of the week and hours as determined by the Chief of
Police.
vi. Purchase, install, and use a system which scans photo identifications and
records a photograph of the identification and the individual using the
identification to secure entrance into the business, or other electronic system as
approved by the Chief of Police.
vii. Such other conditions as agreed upon between the licensee or permittee
and the Chief of Police.
If there is a violation within the twelve (12) month probationary period, upon
service of notice by the City, the twenty-three (23) days which were suspended
must be served by the licensee or permittee as agreed upon by the Chief of
Police; or,
(3) Pay a fifteen thousand dollar ($15,000) civil penalty and serve a thirty (30)
day suspension of which thirty (30) days will be suspended, on the condition that
the licensee or permittee receive no further violations for a twelve (12) consecutive
month probationary period, together with three (3) of the following conditions
selected by the licensee or permittee with the approval of the Chief of Police:
i. Terminate the employee who acted illegally.
ii. Purchase and use identification scanners for use on all alcohol sales.
iii. All employees at the time of the violation who may serve alcohol and
continue their employment with the licensee or permittee must be trained in
Training for Intervention Procedures (TIPS) or other training approved by the
City within ninety (90) days and all new employees hired within two (2) years
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who may serve alcohol must receive the training within thirty (30) days of their
hire date.
iv. Use wristbands for patrons twenty-one (21) years of age and older.
v. Hire staff to check the identification of all patrons as they enter the
establishment for days of the week and hours as determined by the Chief of
Police.
vi. Purchase, install, and use a system which scans photo identifications and
records a photograph of the identification and the individual using the
identification to secure entrance into the business, or other electronic system as
approved by the Chief of Police.
vii. Such other conditions as agreed upon between the licensee or permittee
and the Chief of Police.
If there is a violation within the twelve (12) month probationary period, upon
service of notice by the City, the thirty (30) days which were suspended must be
served by the licensee or permittee as agreed upon by the Chief of Police.
3. Third Violation (within a period of two (2) years): The licensee or permittee must:
a. Pay a one thousand five hundred dollar ($1,500) civil penalty and serve a sixty
(60) day suspension of the license or permit; however, in lieu of the fine and
suspension, the licensee or permittee may:
(1) Pay a fifteen thousand dollar ($15,000) civil penalty and serve a sixty (60)
day suspension of which thirty (30) days will be suspended, on the condition that
the licensee or permittee receive no further violations for a twelve (12)
consecutive month probationary period, together with the following conditions:
i. Terminate the employee who acted illegally.
ii. Purchase and use identification scanners for use on all alcohol sales.
iii. All employees at the time of the violation who may serve alcohol and
continue their employment with the licensee or permittee must be trained in
Training for Intervention Procedures (TIPS) or other training approved by the
City within ninety (90) days and all new employees hired within two (2) years
who may serve alcohol must receive the training within thirty (30) days of their
hire date.
iv. Use wristbands for patrons twenty-one (21) years of age and older.
v. Hire staff to check the identification of all patrons as they enter the
establishment for days of the week and hours as determined by the Chief of
Police.
vi. Purchase, install, and use a system which scans photo identifications and
records a photograph of the identification and the individual using the
identification to secure entrance into the business, or other electronic system as
approved by the Chief of Police.
vii. Such other conditions as agreed upon between the licensee or permittee
and the Chief of Police.
If there is a violation within the twelve (12) month probationary period, upon
service of notice by the City, the thirty (30) days which were suspended must be
served by the licensee or permittee as agreed upon by the Chief of Police.
4. Fourth Violation (within a period of two (2) years): The licensee’s or permittee’s
liquor control license or wine or beer permit must be revoked.
C. For purposes of the probationary period in (B)(2) and (B)(3), the reinstatement of
the suspension does not require a conviction.
Section 3. This Ordinance takes effect upon publication.
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Passed, approved and adopted the 4 day of April, 2011.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 8 day of April, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
PUBLIC INPUT
David Hammer, 720 Laurel Street, expressed opposition to the City’s requirement that the
residents of Laurel Street hook up to the City’s sanitary sewer system. Hammer added that
most of the homes are below the sewer system which will require electric pumps and create
other problems.
Van Milligen stated that the City has a meeting scheduled with the Laurel Street residents
and the project will come before the Council. He added that the City is implementing an
existing policy.
Stacie Neldaughter, 1605 Lincoln Avenue, expressed her concerns over the process and
disapproval of her request for a proclamation commemorating Gay Pride Month.
Mayor Buol reiterated the process for submitting a proclamation and informed Ms.
Neldaughter that requests require a local connection. If she was able to provide that, he would
consider the proclamation for June 2011.
Randy Vannorsdel, 11856 Irene Lane, spoke in opposition to proclaiming a Gay Pride
Month and thanked Council for their support of a Complete Streets policy.
There being no further business, upon motion the City Council adjourned at 8:17 p.m.
/s/Kevin S Firnstahl
Assistant City Clerk
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