Proof of Publication_City Council Proceedings 4 4 11CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
April 4, 2011 in the His-
toric 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 pro-
vided by Mayor Roy D.
Buol.
SWEARING -IN
Fourth Ward Council
ana Hesowuon NO. 1U/
11 Approving the Iowa
Department of Trans-
portation Cooperative
Agreement for Primary
Road Project (Agree-
ment No. 2011 -16 -123)
between the Iowa De-
partment of Transpor-
tation and the City of
Dubuque for the US
151/61 Corridor Project
was adopted.
Railroad Property Pur-
chase - 6th and Jack-
son Street: City Man-
ager recommending
approval to purchase
Lot 1 of Lot 3 of Mil-
waukee Industrial
Tract No. 1 in the City
of Dubuque from the
Chicago, Central & Pa-
cific Railroad Company
for the hike /bike trial
in the Historic Millwork
District. Upon motion
the documents were
received and filed and
Resolution No. 108 -11
Accepting a convey-
ance of property of Lot
1 of Lot 3 of Milwaukee
Industrial Tract No. 1 in
the City of Dubuque
was adopted.
Final Plat - Engine
House No. 1 Subdivi-
sion: City Manager rec-
ommending approval
of the final plat of Lot 1
and Lot A of Engine
House No. 1 Subdivi-
sion in the City of Du-
buque, Dubuque Coun-
ty, Iowa. Upon motion
the documents were
received and filed and
Resolution No. 109 -11
Approving the plat of
Lot 1 and Lot A of En-
gine House No. 1 Sub-
division in the City of
Dubuque, Dubuque
County, Iowa, was
adopted.
American Council of
Engineering Compa-
nies 2011 Engineering
Excellence Award for
the East -West Corridor
Connectivity Study:
City Manager transmit-
ting information on the
state and national rec-
ognition received from
the American Council
of Engineering Compa-
nies (ACEC) for the
East -West Corridor
Connectivity Study.
Upon motion the docu-
ments were received
and filed.
Veterans' Park Com-
munity Garden Part-
nership with Dubuque
Jaycees: City Manager
recommending appro-
val 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 Ac-
tion for a Renewed En-
vironment (CARE}
Grant Application: City
Manager recommend-
ing approval of an EPA
CARE grant application
in the amount of
$96,426. Upon motion
the documents were
received, filed, and ap-
proved.
Worker's Compensa-
tion Settlement Agree-
ment: Attorney Les V.
Reddick recommend-
ing approval of the
Agreements for Settle-
ments were rece vea
and filed and Resolu-
tion No. 111 -11 Award-
ing public improve-
ment contract for the
Northwest Arterial
Hike / Bike Trail -
Phase 3 Project was
adopted.
Request for Proposals
- ARC Transfer Center:
City Manager recom-
mending approval of
the issuance of a Re-
quest for Proposal for
the final design and en-
gineering of the Phase
1 canopy, and prelimi-
nary design of the
Phase II enclosure, for
the ARC Transfer Cen-
ter for The Jule. Upon
motion the documents
were received, filed,
and approved.
Central Avenue HMA
Resurfacing - 21st to
32nd Street Project:
City Manager recom-
mending award of the
public improvement
contract for the Central
Avenue HMA
Resurfacing - 21st to
32nd Street Project to
River City Paving in the
amount of
$1,361,772.11. Upon
motion the documents
were received and filed
and Resolution No. 112-
11 Awarding public im-
provement contract for
the Central Avenue
HMA Resurfacing - 21st
to 32nd Street Project
was adopted.
Citizen Communica-
tions: Communication
from John Kirpes,
Pfohl's Inc., in opposi-
tion to the possibility
of a drive thru in the al-
ley 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 Lau-
rel Street.
Communication from
Tom and Judy Ed-
monds, 700 Laurel
Street, in opposition to
the proposed extension
of sewer lines on Lau-
rel Street.
Upon motion the
documents were re-
ceived and filed.
Legislative Communi-
cation: Communication
from Senator Charles
E. Grassley regarding
the Community Devel-
opment Block Grant
(CDBG) Program. Upon
motion the document
was received and filed.
River Enhancement
Community Attraction
and Tourism (RECAT)
Grant: City Manager
recommending appro-
val of the additional lo-
cal match required by
Vision Iowa for the Riv-
er Enhancement Com-
munity Attraction and
Tourism (RECAT)
grant. Upon motion the
documents were re-
ceived 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.
Our Town Grant: City
Manager recommend-
ing approval of a Letter
of Support to the Na-
'ermit to narug urug
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, Neigh-
bor's Tap, Hammer
Time Bar, The Hub,
Clarke University, Olive
Garden Restaurant,
Whiskey River, Loras
College Campus Cen-
ter, Joliet Building Cor-
poration and Marco's
Italian American Food;
a Class "B" Wine Per-
mit to Hartig Drug, K-
Mart #4018 and Fare -
way Store #114; a
Class "WBN" Native
Wine Permit to Nation-
al Mississippi River
Museum and 16th
Street Auto/Truck Pla-
za; and a Class "E" Liq-
uor License to Fareway
Store #114 were adopt-
ed.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, set- the
public hearings as indi-
cated, and direct the
City Clerk to publish
notice as prescribed by
law. Seconded by
Braig. Motion carried
7 -0.
Flexsteel Project: City
Manager recommend-
ing that a public hear-
ing be set for April 18,
2011 to consider the
disposition of approxi-
mately 27,137 square
feet of property in the
Port of Dubuque to
Flexsteel Industries,
Inc. for the purpose of
constructing a 40,000
square foot multi -story
office building and ap-
proval of a Develop-
ment Agreement relat-
ing thereto. Upon mo-
tion the documents
were received and filed
and Resolution No. 118-
11 Resolution of intent
to dispose of an inter-
est 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 pro-
posed issuance of Ur-
ban Renewal Tax Incre-
ment Revenue Obliga-
tions and the execution
of a Development
Agreement relating
thereto with Flexsteel
Industries, Inc. and
providing for the publi-
cation of notice thereof
was adopted setting a
public hearing for a
meeting to commence
at 6:30 p.m. on April 18,
2011 in the Historic
Federal Building.
Fiscal Year 2011 Third
Budget Amendment:
City Manager recom-
mending that a public
hearing be set for April
18, 2011 to consider
adoption of the Fiscal
Year 2011 Third Budget
Amendment. Upon mo-
tion 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
Assistant ("RV tngineer
Bob Schiesl stated the
type of spur that will
be created at the inter-
section of North Cas-
cade and English Mill
Roads will serve the
property owners that
remain when construc-
tion is finished and
that it is a common
spur design not known
to be dangerous. Mo-
tion carried 7 -0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
2011 Dubuque Works
Annual Report and Re-
source Guide: Greater
Dubuque Development
Corporation Director
Rick Dickinson and Di-
rector of Work Force
Development Sarah
Harris to present the
2011 Dubuque Works
Annual Report and Re-
source 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 Work-
force Initiative Year -
End 2010 -2011 accom-
plishments. Motion
carried 7 -0.
Westbrook Subdivi-
sion - Phase I: City
Manager recommend-
ing approval of an
Amendment to the De-
velopment Agreement
with Joel Callahan,
President of Callahan
Construction, for ex-
tension of City assis-
tance for Phase One of
Westbrook Subdivision
to July 1, 2012. Motion
by Connors to receive
and file the documents
and approve the rec-
ommendation. Second-
ed by Braig. Respond-
ing to questions from
City Council, developer
Joel Callahan, 7629
Commerce Park, stated
that litigation with the
City of Asbury and a
shift in the primary tar-
get for sales caused a
slow start but 18 con-
tracts are included in
the next phase. Motion
carried 7 -0.
Final Plat - Westbrook
Subdivision - Phase 11:
City Manager recom-
mending approval of
the final plat of
Westbrook Subdivision
- Phase 11. Motion by
Jones to receive and
file the documents and
adopt Resolution No.
123 -11 Authorizing ap-
proval of the final plat
of Westbrook Subdivi-
sion No. 2 in the City of
Dubuque, Iowa.
Seconded by Connors.
Motion carried 7 -0.
Westbrook Subdivi-
sion - Phase II: City
Manager recommend-
ing approval a of De-
velopment Agreement
with Joel Callahan,
President of Callahan
Construction, Inc., for
Phase Two of West-
brook Subdivision, with
the incentives for PVC
pipe for sanitary sewer
and water lines, with
the restriction on un-
derground storage
tanks, and the 25% as-
sessment provision.
sation value hair mar-
ket Value) be estab-
lished for the property
to be acquired for the
Southwest Arterial.
Motion by Jones to re-
ceive and file the docu-
ments and adopt Reso-
lution No. 125 -11 Estab-
lishing the Fair Market
Value of real property
for the Southwest Arte-
rial project, directing
good faith negotiations
for the acquisition of
property and authoriz-
ing the commence-
ment of eminent do-
main proceedings, if
necessary, to acquire
property. Seconded by
Connors. Motion car -;
ried 7 -0.
Alcohol License Viola.
tions: City Manager
recommending adop-
tion of modified liquol
license penalties,
which includes a sys-
tem of escalating fines
and suspension op-
tions for licensees and
permittees upon viola-
tion. 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. Second-
ed by Braig. Respond-
ing to questions from
City Council, Van
Milligen stated that
this process creates
options for the licen-
sees and permittees
and that the City
looked at the financial
impact on businesses
to determine reasona-
ble penalty rates. Mo-
tion carried 7 -0.
Motion by Jones for fi-
nal consideration and
passage of O'rdinance
No. 29 -11 Amending
the City of Dubuque
Code of Ordinances Ti-
tle 4 Business and Li-
cense Regulations,
Chapter 2 Liquor Con-
trol, Article B Liquor,
Beer, and Wine Licens-
es and Permits by
repealing Sections 4-
2B-15 Suspension and
Revocation Generally;
Grounds and 4 -2B -16
Suspension and Revo-
cation; Specific Terms,
and adopting new Sec-
tions 4 -2B -15 Suspen-
sion and Revocation
Generally; Grounds and
4 -2B -16 Suspension
and Revocation; Spe-
cific Terms in lieu
thereof, providing for
the suspension and
revocation of alcoholic
beverage licenses and
the penalties and rem-
edies for violations.
Seconded by Braig.
Motion carried 7 -0.
PUBLIC INPUT
David Hammer, 720
Laurel Street, ex-
pressed opposition to
the City's requirement
that the residents of
Laurel Street hook up
to the City's sanitary
sewer system. Ham-
mer added that most of
the homes are below
the sewer system
which will require elec-
tric pumps and create
other problems.
Van Milligen stated
1
ton
ON
Week
was
iealth
Hager
an.
MS
ch to
the
)t the
dis-
cated.
snick.
( #14)
River
Id for
)ssion.
O.
eports
Coun-
istoric
mmis-
ousing
2/22;
mmis-
Long
Advi-
)n of
Rela-
visory
3/16;
If Ad-
cation
Pro -
Jruary
i1, 3,
I1 and
JSum-
es for
ruary
n the
e re-
laims/
Phillips
triage;
r vehi-
achel
iehicle
notion
were
!d and
ity At-
Jvising
lowing
en re-
Entity
Iowa,
o Iowa
Assur-
a Wel-
Image;
)roper -
ale J.
jehicle
'ecom-
al of
lichael
nperty
motion
were
id con-
ropoli-
Waste
ry An-
wnica-
Marie
merit with respect to
two workers' compen-
sation claims filed by
Randall A. DeMoss.
Upon motion the docu-
ments were received,
filed, and approved.
Management Agree-
ment - Miller Riverview
Park: City Manager
recommending appro-
val of the Management
Agreement with Ken-
neth M. Clayton for
Miller Riverview Park.
Upon motion the docu-
ments were received,
filed, and approved.
Cartegraph Strategic
Advisory Board: City
Manager recommend-
ing approval for Infor-
mation Services Man-
ager Chris Kohlmann
and Street and Sewer
Maintenance Supervi-
sor John Klosterman to
represent the City at
the Cartegraph Strate-
gic Advisory Board
meeting in Washington
DC. Upon motion the
documents were re-
ceived, filed, and ap-
proved.
Planning for Historic
Preservation and New
Job Creation Article:
City Manager transmit-
ting an article authored
by Economic Develop-
ment 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 Adviso-
ry Commission re-
questing City Council
concurrence with the
selection of artwork for
the 2011 Art on the Riv-
er Competition. Motion
by Braig to receive and
file the documents. Se-
conded by Jones. Ms.
Braig expressed recog-
nition of the exhibition
and thanked the Com-
mission for their work.
Motion carried 7 -0.
Port of Dubuque Mari-
na Project - Amended
Grant Agreement: City
Manager recommend-
ing approval of the ex-
ecution of an Amend-
ment to the City's Fed-
eral 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.
tional Endowment for
the Arts for the Our
Town Grant. Upon mo-
tion the documents
were received, filed,
and approved.
City Hall HVAC Sys-
tem - Revised: City
Manager providing up-
dated information on
the water -usage data
for the City Hall HVAC
system. Upon motion
the documents were
received, filed, and ap-
proved.
Morton Salt Agree-
ment: City Manager
recommending appro-
val to inform Morton
Salt International LLC
of the City's intent to
purchase up to 7,000
tons of salt from their
remaining supplies on
May 1st. Upon motion
the documents were
received, filed, and ap-
proved.
Volunteer Manage-
ment Software: City
Manager recommend-
ing approval of the
purchase of manage-
ment software for
management of spon-
taneous volunteers as
well as volunteers to
the many programs
and departments of the
City and community.
Upon motion the docu-
ments were received,
filed, and approved.
Mediacom: Communi-
cation from Les
Grassley, Senior Man-
ager - Government Re-
lations, advising of a
rate increase on or
about May 1, 2011.
Upon motion the docu-
ment was received and
filed.
Vision Iowa Agree-
ment: City Manager
recommending appro-
val of the River En-
hancement Community
Attraction and Tourism
agreement for the Bee
Branch Creek Restora-
tion Project. Upon mo-
tion the documents
were received and filed
and Resolution No. 114-
11 Approving the River
Enhancement Com-
munity Attraction and
Tourism Program
Grant Agreement be-
tween the Vision Iowa
Board and the City of
Dubuque, Iowa for the
Bee Branch Creek Re-
storation Project was
adopted.
Signed Contracts: A.
Water Pollution Control
Plant Modifications
Project - Change Order
No. 6; and B. Bunker
Hill Pumping Station
at 6:30 p.m. on April 18,
2011 in the Historic
Federal Building.
Kaufmann Avenue
Utility Project (John F.
Kennedy Road to Cha-
ney Road): City Manag-
er recommending ini-
tiation of the public
bidding process for the
Kaufmann Avenue Util-
ity Project (John F.
Kennedy Road to Cha-
ney 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 appro-
val of plans, specifica-
tions, form of contract,
and estimated cost;
setting date of public
hearing on the plans
and specifications,
form of contract, and
estimated cost; and or-
dering the advertise-
ment for bids for the
Kaufmann Avenue Util-
ity Project (John F.
Kennedy Road to Cha-
ney Road) was adopted
setting a public hear-
ing for a meeting tc
commence at 6:30 p.m
on April 18, 2011 in thf
Historic Federal Build
ing.
BOARDS/
COMMISSIONS
Applicants were invit
ed to address the Cit
Council regarding their
desire to serve on the
following Boards /Com-
missions: Housing
Commission: One 3-
year term through Au-
gust 17, 2011 (Term of
Sutton). Applicant:
Amy Eudaley, 950
Wood Street.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil.
Franklin Investments,
LLC - Development
Agreement: Proof of
publication on notice
of public hearing to
consider entering into
a Development Agree-
ment with Franklin In-
vestments, LLC for re-
development 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 De-
velopment Agreement
with Franklin Invest-
ments, LLC for the
property located at 39
Bluff Street. Seconded
by Jones. Motion car-
ried 7 -0.
'
LIKE TH
ong ange • anning
Advisory Commission.
Motion by Connors to
receive and file the
documents. Seconded
by Braig. Ms. Braig
read a prepared state-
ment into the Record.
Council reached con-
sensus to reconsider
the matter in the fu-
ture. Motion carried 7 -0.
Smart Planning Con-
sortium: City Manager
transmitting informa-
tion from the recent
Dubuque Region Smart
Planning Consortium
meetings held on Feb-
ruary 9, 2011, and
March 9, 2011, as well
as the March 2, 2011
public input session
with elected and ap-
pointed officials. Mo-
tion by Connors to re-
ceive and file the docu-
ments. Seconded by
Resnick. Planning Serv-
ices Manager Laura
Carstens stated that
City Council Members
are welcome to attend
any and all meetings of
the Consortium adding
that the broader, re-
gional approach of the
Consortium relates
well to the comprehen-
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: April 13, 2011, and for which the charge is $314.10.
c:_ap
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this / day of C; , 20 //
Kotary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEI
Commission Number 154
C
s
1-
c
g
2;
ig
�i-
of
a-
ry
6;
d-
on
ry
3,
nd
m-
for
iry
ment with respect to
two workers' compen-
sation claims filed by
Randall A. DeMoss.
Upon motion the docu-
ments were received,
filed, and approved.
Management Agree-
ment - Miller Riverview
Park: City Manager
recommending appro-
val of the Management
Agreement with Ken-
neth M. Clayton for
Miller Riverview Park.
Upon motion the docu-
ments were received,
filed, and approved.
Cartegraph Strategic
Advisory Board: City
Manager recommend-
ing approval for Infor-
mation Services Man-
ager Chris Kohlmann
and Street and Sewer remaining supplies on
Maintenance Supervi- May 1st. Upon motion
sor John Klosterman to the documents were
represent the City at received, filed, and ap-
the Cartegraph Strate- proved.
v
gic Advisory Board
Volunteer Manage
meeting in Washington ment Software: City
DC. Uppn motion the Managerend-
documents were re- ing approval of
the
ceived, filed, and ap- purchase
software manage -
proved.
Planning for Historic management of spon-
:he
re-
ns/
Ips
ge;
?hi -
:het
icle
:ion
,ere
and
At -
Historic Preservation filed, and approved.
and New Job Creation Mediacom: Communi- Council regarding their
which appeared in the cation from Les desire to serve on the
Economic Development Grassley, Senior Man- following Boards/Com-
Journal. Upon motion ager - Government Re- missions: Housing
the documents were lations, advising of a Commission; One 3-
dfiled. rate increase on or gear ust 17rm 2011 (Term of
Sutton). Applicant:
Amy Eudaley, 950
Wood Street.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil
Franklin Investments,
LLC - Development
Agreement: Proof of
publication on notice
of public hearing to
consider entering into
a Development Agree-
J. Port f Dubuque Man Enhancement Co ment with Franklin In-
hicle na Project - Amended Tourism iyAttraction
a dm development LLC ofor re -
the
Grant Agreement: City
com- Manager recommend- Grant Agreement be- property located at 39
J of ing approval of the ex- tween the Vision Iowa Bluff Street. Motion by
hael ecution of an Amend- Board and the City of Connors to receive and
pertyotlon ment to the City'suded-ing BeeuBranch Creek Re- Iowa for the adople t Resolutions and
No.
were eral BIGm Tier II Funding121-11
were Agreement Contract storation Project was velopmepprAgreement
I con- for the development of adopted.
a transient boating Signed Contracts: A. with Franklin Invest-
opoli- marina facility at the Water Pollution Control ments, LLC for the
Naste Port of Dubuque. Upon Plant Modifications property located at 39
y An- motion the documents Project - Change Order Bluff Street. Seconded
unica- were received, filed, No. 6; andnB. B+ tker b ed o p s. Motion car-
rece1v Au 2011.
2011 Art on the' River about May 1,
Exhibition: Arts and Upon motion the docu-
Cultural Affairs Adviso- ment was received and
ry Commission re- filed.
questing City Council Vision Iowa Agree -
concurrence with the ment: City Manager
selection of artwork for recommending appro-
sing the 2011 Art on the Riv- val of the River En-
ving er Competition. Motion hancement Community
re- by Braig to receive and Attraction and Tourism
itity file the documents. Se- agreement for the Bee
Ewa, conded by Jones. Ms. Branch Creek Restora-
owa Braig expressed recog- tion Project. Upon mo-
sur- nitton of the exhibition tion the documents
Wel- and thanked the Com- were received and filed
age; mission for their work. and Resolution No. 114-
iper- Motion carried 7-0. 11 Approving the River
0
tional Endowment for at 6:30 p.m. on April
the Arts for the Our 2011 in the Histo
Town Grant. Upon mo- Federal Building.
were the
r cei edu filed, Utility Project (John
and approved. Kennedy Road to Ch
City Hall HVAC Sys- ney Road): City Mana
tem - Revised: City er recommending it
Manager providing up- tiation of the publ
dated information on bidding process for tl
the water -usage data Kaufmann Avenue Ut
for the City Hall HVAC ity Project (John
systthe em. Upon documentsmwere ney otiOn nRoad) edY otoad and that
received, filed, and ap- public hearing be SE
proved. for April 18, 2011. Upo
Morton Salt Agree- motion the document
ment: City Manager were received and file
recommending appro- and Resolution No. 12(
val to inform Morton 11 Preliminary apprc
Salt International LLC val of plans, specifica
of the City's intent to tions, form of contract
purchase up to 7,000 and estimated cosi
tons of salt from their setting date of publi
hearing on the plan
and specification
form of contract, an,
estimated cost; and or
dering the advertise
ment for bids for thl
Kaufmann Avenue Utll
ity Project (John F
Kennedy Road to Cha
ney Road) was adoptec
setting a public hear
ing for a meeting tc
Preservation and New taneous volunteers as commence at 6:30 p.m
Job Creation Article: well as volunteers to onHiApril 18, il Federal011 in But dE
City Manager transmit- the many programs
ting an article authored and departments of the ing. BOARDS/
by Economic Develop- City and community.
ment Director Dave Upon motion the docu- COMMISSIONS
Heiar on Planning for ments were received, Are invit
edtpoliaddress dants ethe C t
LIKE TH
ong ange • anning
Advisory Commission.
Motion by Connors to
receive and file the
documents. Seconded
by Braig. Ms. Braig
read a prepared state-
ment into the Record.
Council reached con-
sensus to reconsider
the matter in the fu-
ture. Motion carried 7-0.
Smart Planning Con-
sortium: City Manager
transmitting informa-
tion from the recent
Dubuque Region Smart
Planning Consortium
meetings held on Feb-
ruary 9, 2011, and
March 9, 2011, as well
as the March 2, 2011
public input session
with elected and ap-
pointed officials. Mo-
tion by Connors to re-
ceive and file the docu-
ments. Seconded by
Resnick. Planning Serv-
ices Manager Laura
Carstens stated that
City Council Members
are welcome to attend
any and all meetings of
the Consortium adding
that the broader, re-
gional approach of the
Consortium relates
well to the comprehen-
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: April 13, 2011, and for which the charge is $314.10.
31,19tAvrte
Subscribed to before me, a Notary Public in and fo2Dubuque County, Iowa,
this C day of ���
otary Public in and for Dubuque County, Iowa.
MARY K. WESTERME%
Commission Number 154
Member Lynn Sutton
PROCLAMATION t
Public Health Week
(April 4 - 10, 2011) was
accepted by Health
Services Manager
Mary Rose Corrigan. f
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose 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 Coun-
cil of 3/21; Historic
Preservation Commis-
sion of 3/17; Housing
Commission of 2/22;
Human Rights Commis-
sion of 2/14; Long
Range Planning Advi-
sory Commission of
3/16; Sister City Rela-
tionships Advisory
Commission of 3/16;
Zoning Board of Ad-
justment of 3/24
Proofs of publication
of City Council Pro-
ceedings of February
15 and 28, March 1, 3,
7, 10, and 12, 2011 and
List of Claims and Sum-
mary of Revenues for
Month Ended February
28, 2011
Upon motion the
documents were re-
ceived and filed.
Notice of Claims/
Suits: Michael Phillips
for property damage;
Dale J. Kenkel for vehi-
cle damage; Rachel
Chavez for vehicle
damage. Upon motion
the documents were
received and filed and
referred to the City At-
torney.
City Attorney advising
that the following
claims have been re-
ferred to Public Entity
Risk Services of Iowa,
the agent for the Iowa
Communities Assur-
ance Pool: Monica Wel-
ter for vehicle damage;
Joyce Terris for proper-
ty damage; Dale J.
Kenkel for vehicle
damage
City Attorney recom-
mending approval of
the claim of Michael
Phillips for property
damage. Upon motion
the documents were
received, filed and con-
curred.
Dubuque Metropoli-
tan Area Solid Waste
Agency Voluntary An-
nexation: Communica-
tion from Marie
Steenlage, City-Devel=
opment Board Admin-
istrator, submitting the
Findings of Fact and
Conclusions of Law
and the Final Order
filed by the City Devel-
opment Board approv-
ing the City's voluntary
annexation. Upon mo-
tion the document was
received and filed.
Iowa Department of
Transportation - US
151/61 Capacity Im-
provements: City Man-
ager recommending
approval of an Iowa
Department of Trans-
portation (Iowa DOT)
Cooperative Agree-
ment for Primary Road
Project as it relates to
the US 151/61 Corridor
Project and the con-
struction of a south -
bound right -turn lane
on US 151/61 at Lake
Eleanor Road. Upon
motion the documents
were received and filed
and Resolution No. 107-
11 Approving the Iowa
Department of Trans-
portation Cooperative
Agreement for Primary
Road Project (Agree-
ment No. 2011-16-123)
between the Iowa De-
partment of Transpor-
tation and the City of
Dubuque for the US
151/61 Corridor Project
was adopted.
Railroad Property Pur-
chase - 6th and Jack-
son Street: City Man-
ager recommending
approval to purchase
Lot 1 of Lot 3 of Mil-
waukee Industrial
Tract No. 1 in the City
of Dubuque from the
Chicago, Central & Pa-
cific Railroad Company
for the hike/bike trial
in the Historic Millwork
District. Upon motion
the documents were
received and filed and
Resolution No. 108-11
Accepting a convey-
ance of property of Lot
1 of Lot 3 of Milwaukee
Industrial Tract No. 1 in
the City of Dubuque
was adopted.
Final Plat - Engine
House No. 1 Subdivi-
sion: City Manager rec-
ommending approval
of the final plat of Lot 1
and Lot A of Engine
House No. 1 Subdivi-
sion in the City of Du-
buque, Dubuque Coun-
ty, Iowa. Upon motion
the documents were
received and filed and
Resolution No. 109-11
Approving the plat of
Lot 1 and Lot A of En-
gine House No. 1 Sub-
division in the City of
Dubuque, Dubuque
County, Iowa, was
adopted.
American Council o
ment with respect to
wo workers' compen-
sation claims filed by
Randall A. DeMoss.
Upon motion the docu-
ments were received,
iled, and approved.
Management Agree-
ment - Miller Riverview
Park: City Manager
recommending appro-
val of the Management
Agreement with Ken-
neth M. Clayton for
Miller Riverview Park.
Upon motion the docu-
ments were received,
filed, and approved.
Cartegraph Strategic
Advisory Board: City
Manager recommend-
ing approval for Infor-
mation Services Man-
ager Chris Kohlmann
and Street and Sewer
Maintenance Supervi-
sor John Klosterman to
represent the City at
the Cartegraph Strate-
gic Advisory Board
meeting in Washington
DC. Upon motion the
documents were re-
ceived, filed, and ap-
proved.
Planning for Historic
Preservation and New
Job Creation Article:
City Manager transmit-
ting an article authored
by Economic Develop-
ment 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 Adviso-
ry Commission re-
questing City Council
concurrence with the
selection of artwork for
the 2011 Art on the Riv-
er Competition. Motion
by Braig to receive and
file the documents. Se-
conded by Jones. Ms.
Braig expressed recog-
nition of the exhibition
and thanked the Com-
mission for their work.
Motion carried 7-0.
Port of Dubuque Mari-
na Project Amended
Grant Agreement: City
Manager recommend-
ing approval of the ex-
ecution of an Amend-
ment to the City's Fed-
eral 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.
2011 Fire Hydrant
Painting Project: City
Manager recommend-
ing award of the public
improvement contract
for the 2011 Fire Hy-
drant Painting Project
to Ted Stackis Con-
struction in the amount
of $59,800. Upon mo-
tion the documents
were received and filed
and Resolution No. 110-
11 Awarding public im-
provement contract for
the 2011 Fire Hydrant
Painting Project was
adopted.
Northwest Arterial
Hike / Bike Trail -
Phase 3 Project: City
Manager recommend-
ing award of the public
improvement contract
for the Northwest Arte-
rial Hike / Bike Trail -
Phase 3 Project to
Drew Cook and Sons
Excavating, -Inc -in the
amount of $143,599.60.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 111-11 Award-
ing public improve-
ment contract for the
Northwest Arterial
Hike / Bike Trail -
Phase 3 Project was
adopted.
Request for Proposals
- ARC Transfer Center:
City Manager recom-
mending approval of
the issuance of a Re-
quest for Proposal for
the final design and en-
gineering of the Phase
I canopy, and prelimi-
nary design of the
Phase II enclosure, for
the ARC Transfer Cen-
ter for The Jule. Upon
motion the documents
were received, filed,
and approved.
Central Avenue HMA
Resurfacing - 21st to
32nd Street Project:
City Manager recom-
mending award of the
public improvement
contract for the Central
Avenue HMA
Resurfacing - 21st to
32nd Street Project to
River City Paving in the
amount of
$1,361,772.11. Upon
motion the documents
were received and filed
and Resolution No. 112-
11 Awarding public im-
provement contract for
the Central Avenue
HMA Resurfacing - 21st
to 32nd Street Project
was adopted.
Citizen Communica-
tions: Communication
from John Kirpes,
Pfohl's Inc., in opposi-
tion to the possibility
of a drive thru in the al-
ley of Hartig Drug on
Locust Street.
Communication from
Jim and Dorothy
at 6:30 p.m. on April 18,
2011 in the Historic
Federal Building.
Kaufmann Avenue
Utility Project (John F.
Kennedy Road to Cha-
ney Road): City Manag-
er recommending ini-
tiation of the public
bidding process for the
Kaufmann Avenue Util-
ity Project (John F.
Kennedy Road to Cha-
ney 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 appro-
val of plans, specifica-
tions, form of contract,
and estimated cost;
setting date of public
hearing on the plans
and specifications,
form of contract, and
estimated cost; and or-
dering the advertise-
ment for bids for the
Kaufmann Avenue Util-
ity Project (John F.
Kennedy Road to Cha-
ney Road) was adopted
setting a public hear-
ing for a meeting to
commence at 6:30 p.m.
on April 18, 2011 in the
Historic Federal Build-
ing.
BOARDS/
COMMISSIONS
Applicants were invit-
ed to address the City
Council regarding their
desire to serve on the
following Boards/Com-
missions: Housing
Commission: One 3-
year term through Au-
gust 17, 2011 (Term of
Sutton). Applicant:
Amy Eudaley, 950
Wood Street.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil.
Franklin Investments,
LLC - Development
Agreement: Proof of
publication on notice
of public hearing to
consider entering into
a Development Agree-
ment with Franklin In-
vestments, LLC for re-
development 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 De-
velopment Agreement
with Franklin Invest-
ments, LLC for the
property located at 39
Bluff Street. Seconded
by Jones. Motion car-
ried 7-0.
Acquisition of Proper-
ty for the Southwest
Arterial: Proof of publi-
cation on notice of
public hearing on a
portion of the South-
west Arterial Project
and making the final
site selections for that
portion of the project.
Motion by Jones to re-
ceive and file the docu-
ments and adopt Reso-
lution No. 122-11 Ap-
proving 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 ques-
tions from City Council,
Assistant City Engineer
Bob Schiesl stated the
type of spur that will
be created at the inter-
section of North Cas-
cade and English Mill
Roads will serve the
property owners that
remain when construc-
tion is finished and
that it is a common
spur design not known
to be dangerous. Mo-
tion carried 7-0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
2011 Dubuque Works
Annual Report and Re-
source Guide: Greater
Dubuque Development
Corporation Director
Rick Dickinson and Di-
rector of Work Force
Development Sarah
Harris to present the
2011 Dubuque Works
Annual Report and Re-
source 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 Work-
force Initiative Year -
End 2010-2011 accom-
plishments. Motion
carried 7-0.
Westbrook Subdivi-
sion - Phase I: City
Manager recommend-
ing approval of an
Amendment to the De-
velopment Agreement
with Joel Callahan,
President of Callahan
Construction, for ex-
tension of City assis-
tance for Phase One of
Westbrook Subdivision
to. July 1, 2012. Motion
by Connors to receive
and file the documents
-.,,, I_.._..i .. _......i .,c n..,,.. i,..._ nnrl ,nnrnvo tho ror-
tional Endowment for
the Arts for the Our
Town. Grant. Upon mo-
tion the documents
were received, filed,
and approved.
City Hall HVAC Sys-
tem - Revised: City
Manager providing up-
dated information on
the water -usage data
for the City Hall HVAC
system. Upon motion
the documents were
received, filed, and ap-
proved.
Morton Salt Agree-
ment: City Manager
recommending appro-
val to inform Morton
Salt International LLC
of the City's intent to
purchase up to 7,000
tons of salt from their
remaining supplies on
May 1st. Upon motion
the documents were
received, filed, and ap-
proved.
Volunteer Manage-
ment Software: City
Manager recommend-
ing approval of the
purchase of manage-
ment software for
management of spon-
taneous volunteers as
well as volunteers to
the many programs
and departments of the
City and community.
Upon motion the docu-
ments were received,
filed, and approved.
Mediacom: Communi-
cation from Les
Grassley, Senior Man-
ager - Government Re-
lations, advising of a
rate increase on or
about May 1, 2011.
Upon motion the docu-
ment was received and
filed.
Vision Iowa Agree-
ment: City Manager
recommending appro-
val of the River En-
hancement Community
Attraction and Tourism
agreement for the Bee
Branch Creek Restora-
tion Project. Upon mo-
tion the documents
were received and filed
and Resolution No. 114-
11 Approving the River
Enhancement Com-
munity Attraction and
Tourism Program
Grant Agreement be-
tween the Vision Iowa
Board and the City of
Dubuque, Iowa for the
Bee Branch Creek Re-
storation Project was
adopted.
Signed Contracts: A.
Water Pollution Control
Plant Modifications
Project - Change Order
No. 6; and B. Bunker
Hill Pumping Station
Renovation. Upon mo-
tion the documents
were received and
filed.
Liquor License Trans-
fer: Request of Jumpin'
Jane's Indoor Party and
Play Center to perma-
nently transfer their
liquor license from
2055 Holiday Drive to
4292 Dodge Street.
Upon motion the docu-
ments were received,
filed, and approved.
Liquor License Appli-
cations: City Manager
recommending appro-
val of annual liquor li-
cense renewals as sub-
mitted. Upon motion
the documents were
received and filed and
Resolution No. 115-11
Granting the issuance
of one new permit to
sell cigarettes to Fare-
way 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, Neigh-
bor's Tap, Hammer
Time Bar, The Hub,
Clarke University, Olive
Garden Restaurant,
Whiskey River,. Loras
College Campus Cen-
ter, Joliet Building Cor-
poration and Marco's
Italian American Food;
a Class "B" Wine Per-
mit to Hartig Drug, K-
Mart #4018 and Fare -
way Store #114; a
Class "WBN" Native
Wine Permit to Nation-
al Mississippi River
Museum and 16th
Street Auto/Truck Pla-
za; and a Class "E" Liq-
uor License to Fareway
Store #114 were adopt-
ed.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, set• the
public hearings as indi-
cated, and direct the
City Clerk to publish
notice as prescribed by
law. Seconded by
Braig. Motion carried
7-0.
Flexsteel Project: City
Manager recommend-
ing that a public hear-
ing be set for April 18,
2011 to consider the
dispo"sition of approxi-
mately 27,137 square
feet of property in the
Port of Dubuque to
Flexsteel Industries,
Inc. for the purpose of
constructing a 40,000
square foot multi -story
office building and ap-
Motion by Connors to
receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Resnick. Responding to
questions from City
Council, Water Plant
Manager Bob Green ex-
plained the properties
of the PVC piping used
and the reasoning for
the restrictions. Motion
carried 7-0.
Complete Streets Poli-
cy: City Manager rec-
ommending approval
of a Complete Streets
Policy for the City of
Dubuque.
Communication from
Charles Winterwood,
White Pine Group of
the Sierra Club, in sup-
port of a strong corn-
plete streets policy.
Motion by Connors to
receive and file the
documents and adopt
Resolution No. 124-11.
Adopting a Complete
Streets Policy. Second-
ed by Jones. Motion
carried 7-0.
Long Range Planning
Advisory Commission
Liaison: Communica-
tion from the Long
Range Planning Advi-
sory Commission re-
questing that the City
Council re-evaluate ap-
pointing a City Council
Liaison to serve on the
Long Range Planning -
Advisory Commission.
Motion by Connors to
receive and file the
documents. Seconded
by Braig. Ms. Braig
read a prepared state-
ment into the Record.
Council reached con-
sensus to reconsider
the matter in the fu-
ture. Motion carried 7-0.
Smart Planning Con-
sortium: City Manager
transmitting informa-
tion from the recent
Dubuque Region Smart
Planning Consortium
meetings held on Feb-
ruary 9, 2011, and
March 9, 2011, as well
as the March 2, 2011
public input session
with elected and ap-
pointed officials. Mo-
tion by Connors to re-
ceive and file the docu-
ments. Seconded by
Resnick. Planning Serv-
ices Manager Laura
Carstens stated that
City Council Members
are welcome to attend
any and all meetings of
the Consortium adding
that the broader, re-
gional approach of the
Consortium relates
well to the comprehen-
sive plans of all partici-
pants.
New Name for the
Water Pollution Control
Plant: City Manager
recommending appro-
val to name the recon-
structed Water Pollu-
tion Control Plant the
Water and Resource
Recovery Center. Mo-
tion by Connors to re-
ceive and file the docu-
ments and approve the
recommendation. Se-
conded by Braig. Res-
nick expressed disap-
proval for the new
name stating that it
doesn't relate to the
purpose of the facility
and may be confused
with recycling facili-
ties. Motion carried 6-1
with Resnick voting
nay.
Southwest Arterial
Project - Right -of -Way
Acquisition: City Man-
ager recommending
that the Just Compen-
sation Value (Fair Mar-
ket Value) be estab-
lished for the property
to be acquired for the
Southwest Arterial.
Motion by Jones to re-
ceive and file the docu-
ments and adopt Reso-
lution No. 125-11 Estab-
lishing the Fair Market
Value of real property
for the Southwest Arte-
rial project, directing
good faith negotiations
for the acquisition of
property and authoriz-
ing the commence-
ment of eminent do-
main proceedings, if
necessary, to acquire
property. Seconded by
Connors. Motion car-
ried 7-0.
Alcohol License Viola-
tions: City Manager
recommending adop-
tion of modified liquor
license penalties,
which includes a sys-
tem of escalating fines
and suspension op-
tions for licensees and
permittees upon viola-
tion. 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. Second-
ed by Braig. Respond-
ing to questions from
City Council, Van
Milligen stated that
tills process creates
options for the licen-
sees and permittees
and that the City
looked at the financial
impact on businesses
to determine reasona-
ble penalty rates. Mo-
tion carried 7-0.
nnntinn by Inner for fi-
that the City has a
meeting scheduled
with the Laurel Street
residents and the proj-
ect will come before
the Council. He added
that the City is imple-
menting an existing
policy.
Stacie Neldaughter,
1605 Lincoln Avenue,
expressed her con-
cerns over the process
and disapproval of her
request for a procla-
mation commemorat-
ing Gay Pride Month.
Mayor Buol reiterated
the process for submit-
ting a proclamation
and informed Ms.
Neldaughter that re-
quests 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 Com-
plete Streets policy.
There being no fur-
ther business, upon
motion the City Council
adjourned at 817 p.m.
/s/Kevin S Firnstahl
Assistant City Clerk
1t 4/13
OF IOWA {SS:
►UE COUNTY
CERTIFICATION OF PUBLICATION
ike, a Billing Clerk for Woodward Communications,
publisher of the Telegraph Herald,a newspaper of gel
the City of Dubuque, County of Dubuque and State
ie attached notice was published in said newspaper o
13, 2011, and for which the charge is $314.10.
4,„ Pa),
Subscribed to before me, a Notary Public in and for Dubuque Cot
this / day of , 20 // .
otary Public in and for Dubuque (
MARY K. WESTERMEY!
Commjsslon Number 154
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
April 4, 2011 in the His-
toric 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 pro-
vided by Mayor Roy D.
Buol.
SWEARING -IN
Fourth Ward Council
Suits: Michael Phillips
for property damage;
Dale J. Kenkel for vehi-
cle damage; Rachel
Chavez for vehicle
damage. Upon motion
the documents were
received and filed and
referred to the City At-
torney.
City Attorney advising
that the following
claims have been re-
ferred to Public Entity
Risk Services of Iowa,
the agent for the Iowa
Communities Assur-
ance Pool: Monica Wel-
ter for vehicle damage;
Joyce Terris for proper-
ty damage; Dale J.
Kenkel for vehicle
damage
City Attorney recom-
mending approval of
the claim of Michael
Phillips for property
damage. Upon motion
the documents were
received, filed and con-
curred.
Dubuque Metropoli-
tan Area Solid Waste
Agency Voluntary An-
nexation: Communica-
tion from Marie
-Steenlage, City Devel-
opment Board Admin-
istrator, submitting the
Findings of Fact and
Conclusions of Law
and the Final Order
filed by the City Devel-
opment Board approv-
ing the City's voluntary
annexation. Upon mo-
tion the document was
received and filed.
Iowa Department of
Transportation - US
151/61 Capacity Im-
provements: City Man-
ager recommending
approval of an Iowa
Department of Trans-
portation (Iowa DOT)
Cooperative Agree-
ment for Primary Road
Project as it relates to
the US 151/61 Corridor
Project and the con-
struction of a south -
bound right -turn lane
on US 151/61 at Lake
Eleanor Road. Upon
motion the documents
were received and filed
and Resolution No. 107-
11 Approving the Iowa
Department of Trans-
portation Cooperative
Agreement for Primary
Road Project (Agree-
ment No. 2011-16-123)
between the Iowa De-
partment of Transpor-
tation and the City of
Dubuque for the US
151/61 Corridor Project
was adopted.
Railroad Property Pur-
chase - 6th and Jack-
son Street: City Man-
ager recommending
approval to purchase
Lot 1 of Lot 3 of Mil-
waukee Industrial
Tract No. 1 in the City
of Dubuque from the
Chicago, Central & Pa-
cific Railroad Company
for the hike/bike trial
in the Historic Millwork
District. Upon motion
the documents were
received and filed and
Resolution No. 108-11
Accepting a convey-
ance of property of Lot
1 of Lot 3 of Milwaukee
Industrial Tract No. 1 in
the City of Dubuque
was adopted.
Final Plat - Engine
House No. 1 Subdivi-
sion: City Manager rec-
ommending approval
of the final plat of Lot 1
and Lot A of Engine
House No. 1 Subdivi-
sion in the City of Du-
buque, Dubuque Coun-
ty, Iowa. Upon motion
the documents were
received and filed and
Resolution No. 109-11
Approving the plat of
Lot 1 and Lot A of En-
gine House No. 1 Sub-
division in the City of
Dubuque, Dubuque
County, Iowa, was
adopted.
American Council of
Engineering Compa-
nies 2011 Engineering
Excellence Award for
the East-West Corridor
Connectivity Study:
City Manager transmit-
ting information on the
state and national rec-
ognition received from
the American Council
of Engineering Compa-
nies (ACEC) for the
East-West Corridor
Connectivity Study.
Upon motion the docu-
ments were received
and filed.
Veterans' Park Com-
munity Garden Part-
nership with Dubuque
Jaycees: City Manager
recommending appro-
val 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 Ac-
tion for a Renewed En-
vironment (CARE)
Grant Application: City
Manager recommend-
ing approval of an EPA
CARE grant application
in the amount of
$96,426. Upon motion
the documents were
received, filed, and ap-
proved.
Worker's Compensa-
tion Settlement Agree-
ment: Attorney Les V.
Reddick recommend-
ing approval of the
Agreements for Settle -
Journal. Upon motion
the documents were
received and filed.
2011 Art on the River
Exhibition: Arts and
Cultural Affairs Adviso-
ry Commission re-
questing City Council
concurrence with the
selection of artwork for
the 2011 Art on the Riv-
er Competition. Motion
by Braig to receive and
file the documents. Se-
conded by Jones. Ms.
Braig expressed recog-
nition of the exhibition
and thanked the Com-
mission for their work.
Motion carried 7-0.
Port of Dubuque Mari-
na Project Amended
Grant Agreement: City
Manager recommend-
ing approval of the ex-
ecution of an Amend-
ment to the City's Fed-
eral 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.
2011 Fire Hydrant
Painting Project: City
Manager recommend-
ing award of the public
improvement contract
for the 2011 Fire Hy-
drant Painting Project
to Ted Stackis Con-
struction in the amount
of $59,800. Upon mo-
tion the documents
were received and filed
and Resolution No. 110-
11 Awarding public im-
provement contract for
the 2011 Fire Hydrant
Painting Project was
adopted.
Northwest Arterial
Hike / Bike Trail -
Phase 3 Project: City
Manager recommend-
ing award of the public
improvement contract
for the Northwest Arte-
rial Hike / Bike Trail -
Phase 3 Project to
Drew Cook and Sons
Excavating, Inc 'in the
amount of $143,599.60.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 111-11 Award-
ing public improve-
ment contract for the
Northwest Arterial
Hike / Bike Trail -
Phase 3 Project was
adopted.
Request for Proposals
- ARC Transfer Center:
City Manager recom-
mending approval of
the issuance of a Re-
quest for Proposal for
the final design and en-
gineering of the Phase
I canopy, and prelimi-
nary design of the
Phase II enclosure, for
the ARC Transfer Cen-
ter for The Jule. Upon
motion the documents
were received, filed,
and approved.
Central Avenue HMA
Resurfacing - 21st to
32nd Street Project:
City Manager recom-
mending award of the
public improvement
contract for the Central
Avenue HMA
Resurfacing - 21st to
32nd Street Project to
River City Paving in the
amount of
$1,361,772.11. Upon
motion the documents
were received and filed
and Resolution No. 112-
11 Awarding public im-
provement contract for
the Central Avenue
HMA Resurfacing 21st
to 32nd Street Project
was adopted.
Citizen Communica-
tions: Communication
from John Kirpes,
Pfohl's Inc., in opposi-
tion to the possibility
of a drive thru in the al-
ley 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 Lau-
rel Street.
Communication from
Tom and Judy Ed-
monds, 700 Laurel
Street, in opposition to
the proposed extension
of sewer lines on Lau-
rel Street.
Upon motion the
documents were re-
ceived and filed.
Legislative Communi-
cation: Communication
from Senator Charles
E. Grassley regarding
the Community Devel-
opment Block Grant
(CDBG) Program. Upon
motion the document
was received and filed.
River Enhancement
Community Attraction
and Tourism (RECAT)
Grant: City Manager
recommending appro-
val of the additional lo-
cal match required by
Vision Iowa for the Riv-
er Enhancement Com-
munity Attraction and
Tourism (RECAT)
grant. Upon motion the
documents were re-
ceived 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.
Our Town Grant: City
Manager recommend-
ing approval of a Letter
of Support to the Na-
ager - Government Re-
lations, advising of a
rate increase on or
about May 1, 2011.
Upon motion the docu-
ment was received and
filed.
Vision Iowa Agree-
ment: City Manager
recommending appro-
val of the River En-
hancement Community
Attraction and Tourism
agreement for the Bee
Branch Creek Restora-
tion Project. Upon mo-
tion the documents
were received and filed
and Resolution No. 114-
11 Approving the River
Enhancement Com-
munity Attraction and
Tourism Program
Grant Agreement be-
tween the Vision Iowa
Board and the City of
Dubuque, Iowa for the
Bee Branch Creek Re-
storation Project was
adopted.
Signed Contracts: A.
Water Pollution Control
Plant Modifications
Project - Change Order
No. 6; and B. Bunker
Hill Pumping Station
Renovation. Upon mo-
tion the documents
were received and
filed.
Liquor License Trans-
fer: Request of Jumpin'
Jane's Indoor Party and
Play Center to perma-
nently transfer their
liquor license from
2055 Holiday Drive to
4292 Dodge Street.
Upon motion the docu-
ments were received,
filed, and approved.
Liquor License Appli-
cations: City Manager
recommending appro-
val of annual liquor li-
cense renewals as sub-
mitted. Upon motion
the documents were
received and filed and
Resolution No. 115-11
Granting the issuance
of one new permit to
sell cigarettes to Fare-
way 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, Neigh-
bor's Tap, Hammer
Time Bar, The Hub,
Clarke University, Olive
Garden Restaurant,
Whiskey River„ Loras
College Campus Cen-
ter, Joliet Building Cor-
poration and Marco's
Italian American Food;
a Class "B" Wine Per-
mit to Hartig Drug, K-
Mart #4018 and Fare -
way Store #114; a
Class "WBN" Native
Wine Permit to Nation-
al Mississippi River
Museum and 16th
Street Auto/Truck Pla-
za; and a Class "E" Liq-
uor License to Fareway
Store #114 were adopt-
ed.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Lynch to
receive and file the
documents, adopt the
resoluti.ons, set. the
public hearings as indi-
cated, and direct the
City Clerk to publish
notice as prescribed by
law. Seconded by
Braig. Motion carried
7-0.
Flexsteel Project: City
Manager recommend-
ing that a public hear-
ing be set for April 18,
2011 to consider the
disposition of approxi-
mately 27,137 square
feet of property in the
Port of Dubuque to
Flexsteel Industries,
Inc. for the purpose of
constructing a 40,000
square foot multi -story
office building and ap-
proval of a Develop-
ment Agreement relat-
ing thereto. Upon mo-
tion the documents
were received and filed
and Resolution No. 118-
11 Resolution of intent
to dispose of an inter-
est 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 pro-
posed issuance of Ur-
ban Renewal Tax Incre-
ment Revenue obliga-
tions and the execution
of a Development
Agreement relating
thereto with Flexsteel
Industries, Inc. and
providing for the publi-
cation of notice thereof
was adopted setting a
public hearing for a
meeting to commence
at 6:30 p.m. on April 18,
2011 in the Historic
Federal Building.
Fiscal Year 2011 Third
Budget Amendment:
City Manager recom-
mending that a public
hearing be set for April
18, 2011 to consider
adoption of the Fiscal
Year 2011 Third Budget
Amendment. Upon mo-
tion 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
missions: Housing
Commission: One 3-
year term through Au-
gust 17, 2011 (Term of
Sutton). Applicant:
Amy Eudaley, 950
Wood Street.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil.
Franklin Investments,
LLC - Development
Agreement: Proof of
publication on notice
of public hearing to
consider entering into
a Development Agree-
ment with Franklin In-
vestments, LLC for re-
development 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 De-
velopment Agreement
with Franklin Invest-
ments, LLC for the
property located at 39
Bluff Street. Seconded
by Jones. Motion car-
ried 7-0.
Acquisition of Proper-
ty for the Southwest
Arterial: Proof of publi-
cation on notice of
public hearing on a
portion of the South-
west Arterial Project
and making the final
site selections for that
portion, of the project.
Motion by Jones to re-
ceive and file the docu-
ments and adopt Reso-
lution No. 122-11 Ap-
proving 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 ques-
tions from City Council,
Assistant City Engineer
Bob Schiesl stated the
type of spur that will
be created at the inter-
section of North Cas-
cade and English Mill
Roads will serve the
property owners that
remain when construc-
tion is finished and
that it is a common
spur design not known
to be dangerous. Mo-
tion carried 7-0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
2011 Dubuque Works
Annual Report and Re-
source Guide: Greater
Dubuque Development
Corporation Director
Rick Dickinson and Di-
rector of Work Force
Development Sarah
Harris to present the
2011 Dubuque Works
Annual Report and Re-
source 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 Work-
force Initiative Year -
End 2010-2011 accom-
plishments. Motion
carried 7-0.
Westbrook Subdivi-
sion - Phase I: City
Manager recommend-
ing approval of an
Amendment to the De-
velopment Agreement
with Joel Callahan,
President of Callahan
Construction, for ex-
tension of City assis-
tance for Phase One of
Westbrook Subdivision
to July 1, 2012. Motion
by Connors to receive
and file the documents
and approve the rec-
ommendation. Second-
ed by Braig. Respond-
ing to questions from
City Council, developer
Joel Callahan, 7629
Commerce Park, stated
that litigation with the
City of Asbury and a
shift in the primary tar-
get for sales caused a
slow start but 18 con-
tracts are included in
the next phase. Motion
carried 7-0.
Final Plat - Westbrook
Subdivision - Phase II:
City Manager recom-
mending 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 ap-
proval of the final plat
of Westbrook Subdivi-
sion No. 2 in the City of
Dubuque, Iowa.
Seconded by Connors.
Motion carried 7-0.
Westbrook Subdivi-
sion - Phase II: City
Manager recommend-
ing approval a of De-
velopment Agreement
with Joel Callahan,
President of Callahan
Construction, Inc., for
Phase Two of West-
brook Subdivision, with
the incentives for PVC
pipe for sanitary sewer
and water lines, with
the restriction on un-
derground storage
tanks, and the 25% as-
sessment provision.
receive and file the
documents. Seconded
by Braig. Ms. Braig
read a prepared state-
ment into the Record.
Council reached con-
sensus to reconsider
the matter in the fu-
ture. Motion carried 7-0.
Smart Planning Con-
sortium: City Manager
transmitting informa-
tion from the recent
Dubuque Region Smart
Planning Consortium
meetings held on Feb-
ruary 9, 2011, and
March 9, 2011, as well
as the March 2, 2011
public input session
with elected and ap-
pointed officials. Mo-
tion by Connors to re-
ceive and file the docu-
ments. Seconded by
Resnick. Planning Serv-
ices Manager Laura
Carstens stated that
City Council Members
are welcome to attend
any and all meetings of
the Consortium adding
that the broader, re-
gional approach of the
Consortium relates
well to the comprehen-
sive plans of all partici-
pants.
New Name for the
Water Pollution Control
Plant: City Manager
recommending appro-
val to name the recon-
structed Water Pollu-
tion Control Plant the
Water and Resource
Recovery Center. Mo-
tion by Connors to re-
ceive and file the docu-
ments and approve the
recommendation. Se-
conded by Braig. Res-
nick expressed disap-
proval for the new
name stating that it
doesn't relate to the
purpose of the facility
and may be confused
with recycling facili-
ties. Motion carried 6-1
with Resnick voting
nay.
Southwest Arterial
Project - Right -of -Way
Acquisition: City Man-
ager recommending
that the Just Compen-
sation Value (Fair Mar-
ket Value) be estab-
lished for the property
to be acquired for the
Southwest Arterial.
Motion by Jones to re-
ceive and file the docu-
ments and adopt Reso-
lution No. 125-11 Estab-
lishing the Fair Market
Value of real property
for the Southwest Arte-
rial project, directing
good faith negotiations
for the acquisition of
property and authoriz-
ing the commence-
ment of eminent do-
main proceedings, if
necessary, to acquire
property. Seconded by
Connors. Motion car-
ried 7-0.
Alcohol License Viola-
tions: City Manager
recommending adop-
tion of modified liquor
license penalties,
which includes a sys-
tem of escalating fines
and suspension op-
tions for licensees and
permittees upon viola-
tion. 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. Second-
ed by Braig. Respond-
ing to questions from
City Council, Van
Milligen stated that
this . processcreates:
options for the licen-
sees and permittees
and that the City
looked at the financial
impact on businesses
to determine reasona-
ble penalty rates. Mo-
tion carried 7-0.
Motion by Jones for fi-
nal consideration and
passage of Ordinance.
No. 29-11 Amending
the City of Dubuque
Code of Ordinances Ti-
tle 4 Business and Li-
cense Regulations,
Chapter 2 Liquor Con-
trol, Article B Liquor,
Beer, and Wine Licens-
es and Permits by
repealing Sections 4-
2B-15 Suspension and
Revocation Generally;
Grounds and 4-2B-16
Suspension and Revo-
cation; Specific Terms,
and adopting new Sec-
tions 4-2B-15 Suspen-
sion and Revocation
Generally; Grounds and
4-2B-16 Suspension
and Revocation; Spe-
cific Terms in lieu
thereof, providing for
the suspension and
revocation of alcoholic
beverage licenses and
the penalties and rem-
edies for violations.
Seconded by Braig.
Motion carried 7-0.
PUBLIC INPUT
David Hammer, 720
Laurel Street, ex-
pressed opposition to
the City's requirement
that the residents of
Laurel Street hook up
to the City's sanitary
sewer system. Ham-
mer added that most of
the homes are below
the sewer system
which will require elec-
tric pumps and create
other problems.
Van Milligen stated
Subscribed to before me, a Notary Puific
this /1/1! day of C�2
otary P