Proof of Publication_City Council Proceedings 4 18 11CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
April 18, 2011 in the
Historic Federal Build-
ing, 350 W. 6th Street.
Present: Mayor Buol,
Council Members
Braig, Connors, Jones,
Lynch, Resnick, Sutton,
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 Sr. Jenn-
ifer Rausch, Sisters of
the Presentation.
PROCLAMATIONS
The Month/Week of
the Young Child (April
10 - 16, 2011) was
accepted by Joanne
Wurtz, Chairperson of
the Dubuque County
Empowerment Board,
2728 Asbury Road; and
Ann Willenbring, Direc-
tor of the Resurrection
Child Care Center, 4300
Asbury Road; Com-
munity Development
Block Grant Week
(April 25 - 30, 2011)
PRESENTATION
Main Street Iowa
Awards were pre-
sented by Dubuque
Main Street Executive
Director Dan LoBianco.
CONSENT ITEMS
Motion by Jones to
receive and file the
documents, adopt the
resolutions, and
dispose of as indicated.
Seconded by Resnick.
Connors requested
( #1) Minutes and
Reports be held for
separate discussion.
Jones requested ( #3)
Citizen Communica-
tions be held for
separate discussion.
Braig requested ( #15)
Amendment to Col-
lective Bargaining
Agreement - Bus
Operators be held for
separate discussion.
Motion carried 7 -0.
Minutes and Reports
Submitted: Arts and
Cultural Affairs Advi-
sory Commission of
3y�r. city Council of
carried 7 -0.
Notice of Claims/
Suits: William Peck for
property damage; J.
Thomas Zaber for
property damage;
Randy and Tina Miller
for property damage;
State Farm Insurance
for William and Rebec-
ca Carr; Joyce M. Terris
for property damage;
Lois Weinschenk for
property damage.
Upon motion the docu-
ments were received,
filed, and referred to
the City Attorney.
City Attorney advising
that the following
claims have been
referred to Public
Entity Risk Services of
Iowa, the agent for the
Iowa Communities
Assurance Pool: Rachel
Chavez for vehicle
damage; J. Thomas
Zaber for property
damage; William Peck
for property damage.
Upon motion the
documents were
received, filed and
concurred.
Citizen Communica-
tions: Communication
from Rachel K. Daack, —
800 Laurel Street, in
opposition to the
proposed extension of
sewer lines on Laurel
Street.
Communication from
Paula Kaufman regard-
ing the pollution
problem in Dubuque.
Communication from
Gary R. Kircher, 312
East 22nd Street,
regarding the Vet-
erans' Memorial Plaza
on Chaplain Schmitt
Island.
Communication from
Steven A. Krieg, 1576
Bies Drive, regarding a
water main extension
and water runoff on
Bies Drive.
Motion by Jones to
receive and file the
documents and refer to
the City Manager.
Seconded by Braig.
Jones spoke in support
of the communication
from Gary Kircher
regarding additional
directional and memor-
ial signage for the
Veterans' Memorial Pla-
za. Motion carried 7 -0.
Public Transit Infra-
structure Grant (PTIG)
Program: City Manager
recommending ap-
proval of the submittal
of a grant application
under the Public
Transit Infrastructure
____. fn., Drnnra
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 27, 2011, and for which the charge is $376.54.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this day of c' /` , 20 //
MARY K. WESTERMEI
Commission Number 154
e County, Iowa.
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
April 18, 2011 in the
Historic Federal Build-
ing, 350 W. 6th Street.
Present: Mayor Buol,
Council Members
Braig, Connors, Jones,
Lynch, Resnick, Sutton,
City Manager Van
Milligen, City Attorney
Lindahl r
Mayor Buol read the r
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STATE OF IOWA
DUBUQUE COUNTY
{SS:
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 27, 2011, and for which the charge is $376.54.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
thisv7 day of CSC , 20 // .
NKtary Public in and for Dubu
MARY K. WESTERMEY•
Commission Number 184:
County, Iowa.
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
April 18, 2011 irr the
Historic Federal Build-
ing, 350 W. 6th Street.
Present: Mayor Buol,
Council Members
Braig, Connors, Jones,
Lynch, Resnick, Sutton,
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 Sr. Jenn-
ifer Rausch, Sisters of
the Presentation.
PROCLAMATIONS
The Month/Week of
the Young Child (April
10 - 16, 2011) was
accepted by Joanne
Wurtz, Chairperson of
the Dubuque County
Empowerment Board,
2728 Asbury Road; and
Ann Willenbring, Direc-
tor of the Resurrection
Child Care Center, 4300
Asbury Road; Com-
munity Development
Block Grant Week
(April 25 - 30, 2011)
PRESENTATION
Main Street Iowa
Awards were pre-
sented by Dubuque
Main Street Executive
Director Dan LoBianco.
CONSENT ITEMS
Motion by Jones to
receive and file the
documents, adopt the
resolutions, and
dispose of as indicated.
Seconded by Resnick.
Connors requested
(#1) Minutes and
Reports be held for
separate discussion.
Jones requested (#3)
Citizen Communica-
tions be held for
separate discussion.
Braig requested (#15)
Amendment to Col-
lective Bargaining
Agreement - Bus
Operators be held for
separate discussion.
Motion carried 7-0.
Minutes and Reports
Submitted: Arts and
Cultural Affairs Advi-
sory Commission of
2/22; City Council of
4/4; Electrical Code
Board of 3/21; Environ-
mental Stewardship
Advisory Commission
of 4/5; Park and
Recreation Commis-
sion of 3/8; Sister City
Relationships Advisory
Commission of 4/6;
acquisition of real
estate owned by Glenn
Casey in the City of
Dubuque was adopted.
US 61/151 Corridor
Project - Iowa DOT
Agreement: City Man-
ager recommending
approval of an Iowa
Department of Trans-
portation Agreement
for Urban -State Traffic
Engineering Program
(U-STEP) as it relates
to the US 61/151
Corridor Project and
the installation of
traffic signals and
pavement widening at
the intersections of
Maquoketa Drive, Twin
Valley Drive and US 52.
Upon motion the
documents were
received and filed and
Resolution No. 127-11
Approving the Iowa
Department of Trans-
portation Agreement
for an Urban -State Traffic Engineering
Program (U-Step) Pro-
ject (Agreement No. 06-
11-Ustep-03) between
the Iowa Department
of Transportation and
the City of Dubuque for
the US 61/151 Corridor
Project was adopted.
PTC LLC - 1800 Elm
Street: City Manager
recommending appro-
val of Irrevocable
Licenses for PTC LLC to
keep and maintain the
existing encroach-
ments of the loading
dock, gas meter and
protective pillars in the
public right-of-way of
Pine Street behind the
Eagle Country Market
on 1800 Elm Street.
Upon motion the
documents were
Zoning Advisory Com-
mission of 4/6
Proof of publication of
City Council Proceed-
ings of March 21, 2011
Motion by Connors to
receive and file the
documents. Seconded.
by Jones. Connors
addressed the minutes
from the Environ-
mental Stewardship
Advisory Commission
relating to a car
washing policy and
asked for a written
response from staff
about alternatives for
organizations in terms
of location and
products used for
these types of events.
Van Milligen stated he
will have staff research
it and return a report
to Council. Motion
carried 7-0.
Notice of Claims/
Suits: William Peck for
property damage; J.
Thomas Zaber for
property damage;
Randy and Tina Miller
for property damage;
State Farm Insurance
for William and Rebec-
ca Carr; Joyce M. Terris
for property damage;
Lois Weinschenk for
property damage.
Upon motion the docu-
ments were received,
filed, and referred to
the City Attorney.
City Attorney advising
that the following
claims have been
referred to Public
Entity Risk Services of
Iowa, the agent for the
Iowa Communities
Assurance Pool: Rachel
Chavez for vehicle
damage; J. Thomas
Zaber for property
damage; William Peck
for property damage.
Upon motion the
documents were
received, filed and
concurred.
Citizen Communica-
tions: Communication
from Rachel K. Daack,
800 Laurel Street, in
opposition to the
proposed extension of
sewer lines on Laurel
Street.
Communication from
Paula Kaufman regard-
ing the pollution
problem in Dubuque.
Communication from
Gary R. Kircher, 312
East 22nd Street,
regarding the Vet-
erans' Memorial Plaza
on Chaplain Schmitt
Island.
Communication from
Steven A. Krieg, 1576
Bies Drive, regarding a
water main extension
and water runoff on
Bies Drive.
Motion by Jones to
receive and file the
documents and refer to
the City: Manager.
Seconded by Braig.
Jones spoke in support
of the communication
from Gary Kircher
regarding additional
directional and memor-
ial signage for the
Veterans' Memorial Pla-
za. Motion carried 7-0.
Public Transit Infra-
structure Grant (PTIG)
Program: City Manager
recommending ap-
proval of the submittal
of a grant application
under the Public
Transit Infrastructure
grant (PTIG) Program
to secure State funding
for facility improve-
ments at The Jule.
Upon motion the
documents were
received, filed, and
approved.
matching funds, which
are included in the
Development Agree-
ment that is a separate
agenda item. Upon
motion the documents
were received and filed
and Resolution No. 130-
11 Authorizing the
filing of an application
for State Financial
Assistance on behalf of
Flexsteel Industries,
Inc., was adopted.
Golden Silo Award:
Press release advising
that the Mines of Spain
has received a Golden
Silo Award for Out-
standing Partner from
the Silos and Smoke
Stacks National Heri-
tage Area for showing
support and partnering
with SSNHA on
numerous occasions to
create awareness for
the Heritage Area.
Upon motion the
document was
received and filed.
Amendment to
Collective Bargaining
Agreement - Team-
sters Local No. 120:
City Manager recom-
mending approval of
an amendment to the
Collective Bargaining
Agreement between
the Teamsters Local
No. 120 and the City of
Dubuque to provide for
a work week that
consists of ten hours
per day and four days
per week for the
Airport Maintenance -
workers and Airport
Mechanic. Upon mo-
tion the documents
were received, filed,
and approved.
Amendment to
Collective Bargaining
Collective Bargaining
Agreement between
the Teamsters Local
No. 120 (Bus Opera-
tors) and the City to
permit part-time
employees to work
1,664 or more hours in
fiscal Year 2011.
Motion by Braig to
receive and file the
documents and ap-
prove the recommenda-
tion. Seconded by
Resnick. Braig ques-
tioned why part-time
bus operator hours will
increase to just 416
hours less than full-
time operators. Van
Milligen stated that the
increase in hours is an
annual cap and only for
this fiscal year. Motion
carried 7-0.
Fifth Street Parking
Ramp Re -Lighting: City
Manager transmitting
information regarding
the retro fitting of the
lighting in the Fifth
Street Parking Ramp.
Upon motion the
documents were
received and filed.
2011 - 2012 Deer
Management Plan: City
Manager recommend-
ing approval of the
2011 - 2012 Deer
Management Plan.
Upon motion the
documents were
received, filed, and
approved.
Julien's Journal: Copy
of March 2011 article in
Julien's Journal fea-
turing Assistant City
Manager Cindy Stein-
hauser. Upon motion
the document was
received and filed.
Metropolitan Coalition
Grant Application: City
Manager recommend-
ing support of the
submittal of a grant to
the Iowa Office of
Energy Independence,
in partnership with
seven communities
who are members of
the Metropolitan Coali-
tion, the largest cities
in the State of Iowa.
Upon motion the docu-
ments were received,
filed, and approved.
Purchase of Property -
2263 Elm Street: City
Manager recommend-
ing approval of the
purchase of property
at 2263 Elm Street as
part of the acquisition
program associated
with the Bee Branch
Creek Restoration
Project. Upon motion
the documents were
received and filed and
Resolution No. 131-11
Approving the acqui-
sition of real estate
owned by Robert D.
and Livija Klauer in the
City of Dubuque was
adopted.
Historic Preservation
Commission: Communi-
cation from Peggy
Stover submitting her
resignation from the
Historic Preservation
Commission. Upon
motion the document
was received and filed
and the resignation
accepted.
Human Rights Com-
mission: Communica-
tion from Lori Apel
submitting her resig-
nation from the Human
Rights Commission.
Upon motion the docu-
ment was received and
filed and the
resignation accepted.
LLP to provide audit
services for the City of
Dubuque for a five-
year period. Upon
motion the documents
were received, filed,
and approved.
Alcohol Compliance -
Civil Penalty for
Alcohol License Holder:
City Manager recom-
mending acceptance of
the Acknowledgement/
Settlement Agreement
for Cookin' Something
Up for their first
offense alcohol com-
pliance violation. Upon
motion the documents
were received, filed,
and approved.
Signed Contracts:
Water Pollution Control
Plant Modifications
Project - MWH Amer-
ica's, Inc., Budget
Increase Request.
Upon motion the
documents were
received and filed.
Liquor License and
Cigarette Permit Appli-
cations: City Manager
recommending ap-
proval of annual liquor
license and cigarette
permit renewals as
submitted. Upon
motion the documents
were received and filed
and Resolution No. 132-
11 Granting the
issuance of a new
cigarette permit to
Let's Roll Tobacco I.A.;
Resolution No. 133-11
Granting the issuance
of a Class "B" Beer
Permit to Catfish
Festival and McAleece
Park/Recreation Com-
plex; and Resolution
No. 134-11 Granting the
issuance of a Class "A"
Liquor License to
Dubuque Golf and
Country Club and
Dubuque Lodge #355;
Class "C" Beer/Liquor
License to Lot One,
Catfish Charlie's, The
Lift and Monk's Kaffee
Pub; and a Class
"WBN" Native Wine
License to Dubuque
Arboretum Association
were adopted.
Mayor Buol acknow-
ledged the Interna-
tional City Manager's
Association Fellows in
attendance, Mr. Ou
Jianping and Mr. Guo
Jiankui, who were
visiting from China.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Connors 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 Lynch.
Motion carried 7-0.
Proceedings for Real-
location of General
Obligation Bonds
Series 2009A and
Series 2010A: City
Manager recommend-
ing that a public
hearing be set for May
2, 2011 to consider the
reallocation of General
Obligation Bonds
Series 2009A and
Series 2010A. Upon
motion the documents
were received and filed
and Resolution No. 135-
11 Fixing date for a
meeting on the
proposal to reallocate
certain unspent pro-
ceeds of the General
Obligation Bonds,
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowz
corporation, publisher of the Telegraph Herald,a newspaper of general circulat
published in the City of Dubuque, County of Dubuque and State of Iowa; here]
certify that the attached notice was published in said newspaper on the followi:
Q,21K GA
for publication of public hearings. Motion Braig and Resnick of Intent to the
notice thereof was carried 7-0. voting nay. Develop- Wellmark Foundation
adopted setting a Motion by Jones for ment partner, Rick requesting $25,000 in
public hearing for a final consideration and Ehrlich, 10662 Diesel funding of healthy
meeting, to commence passage of Ordinance Drive, stated that local foods projects.
at 6:30 p.m. on May 2, No. 30-11 Amending houses are sold Motion by Connors to
2011 in the Historic Title 16 of the City of contingent to approval receive and file the
Federal Building. Dubuque Code of Ordi- and that Graceland, documents and ap-
2011 Sewer Cured -in- nances, Unified Devel- LLC can help maintain prove the recommen-
Place Pipe (CIPP) opment Code, by re- the current condition dation. Seconded by
Lining Project: City classifying hereinafter of the street by Braig. Motion carried 7-0.
Manager recommend- described property . controlling their truck Letter of Support for
ing initiation of the located at 2505 Elm traffic during develop- Green Dubuque EPA
bidding process for the Street from R-2A ment. Motion carried 5- Environmental Justice
2011 Sewer Cured -in- Alternate Two -Family 2 with Braig and Small Grant Applica-
Place Pipe (CIPP) Residential District to Resnick voting nay. tion: City Manager
Lining Project and ; OR Office Residential Smart Growth Devel- recommending ap-
further recommends District. Seconded by opment: City Manager proval of a Letter of
that a public hearing Braig. Motion carried 7-0. recommending appro- Support for Green
be set for May 2, 2011. Expansion of Flexsteel val to commit $2,000 Dubuque's application
Upon motion the Industries, Inc., in the for the efforts of Smart to the EPA Environ-
documents were Port of Dubuque: Proof Growth Development mental Justice Small
received and filed and of publication on as they work toward Grant program. Motion
Resolution No. 136-11 notice of public hear- improving the Historic by Braig to receive and
Preliminary approval of ing to consider Tax programs that file the documents and
plans, specifications, disposing of approx- fund many rehabili- approve the recom-
form of contract, and imately 27,137 square tation projects in the mendation. Seconded
estimated cost; setting feet of property in the City of Dubuque. Mo- by Connors. Respond -
date of public hearing Port of Dubuque to tion by Jones to receive ing to questions from
on plans, specifica- Flexsteel Industries, and file the documents City Council, Van
tions, form of contract, Inc., for the purpose of and approve the recom- Milligen stated that
and estimated cost; constructing a 40,000 mendation. Seconded since this is a private
and ordering the square foot multi -story by Resnick. Motion group it would need to
advertisement for bids office building and a carried 7-0. request a work session
for the 2011 Sewer Development Agree- Amendment to Joint with the City Council.
Cured -in -Place Pipe ment relating thereto Development Agree- Sustainability Coor-
(CIPP) Lining Project and City Manager ment with IBM: City dinator Cori Burbach
was adopted setting a recommending approv- Manager recom- stated that Green
public hearing for a al. Motion by Connors mending approval of Dubuque is open to
meeting to commence to receive and file the an amended IBM Joint having a work session
at 6:30 p.m. on May 2, information and adopt Development Agree- with the City Council.
2011 in the Historic Resolution No. 139-11 ment on Smarter Motion carried 7-0.
Federal Building. Approving a Devel- Water to extend and EPA Climate Show -
Engine House #1 LLC - opment Agreement expand the community case Communities
Development Agree- providing for the sale access to Smarter Grant: City Manager
ment: City Manager of approximately Water information and advising that the City
recommending that a 27,137 sq. ft. and a tools. This item was of Dubuque has been
public hearing be set permanent easement removed from the awarded an EPA Cli-
for June 6, 2011 to of 1,003 sq. ft. in the agenda. mate Showcase Com-
consider a develop- Port of Dubuque to Sustainable Dubuque munities grant in the
ment agreement- Flexsteel - Industries, Watershed ...Network: amount of $473,136.
between the City of Inc. Seconded by Braig. City Manager recom- Motion by Braig to
Dubuque and Engine Greater - Dubuque mending approval of a receive and file the
House #1, LLC., a Development Corpora- proposed research documents and ap-
subsidiary of Dubuque tion Vice President for project to be under- prove the recommen-
Initiatives, to sell and Existing Businesses taken in partnership dation. Seconded by
rehabilitate the Engine Dan McDonald spoke in with the University of Jones. Motion carried 7-0.
House #1 building support of the project. Iowa to develop the CLOSED SESSION
(18th Street), which Responding to Sustainable Dubuque Motion by Jones at
formerly housed the questions from City Watershed. Network. 9:34 p.m. to enter into
Housing Department Council, Flexsteel CEO Motion by Connors to closed session regard -
offices. Upon motion Ron Klosterman stated receive and file the ing pending litigation,
the documents were that the company did documents and ap- property acquisition,
received and filed and look at various provethe recommenda- and professional com-
Resolution No. 137-11 locations. Resnick tion. Responding to petency pursuant to
(1) Approving the referenced the Port of questions from City Chapter 21.5(1)(c)(j)(i)
minimum require- Dubuque Master Plan Council, Water Pollu- Code of Iowa.
ments, competitive and expressed concern tion Control Plant Seconded by Resnick.
criteria, and offering about the Port of Manager Jonathon Motion carried 7-0.
procedures for the Dubuque becoming an Brown and Resource. Upon motion at 10:41
development of certain office park with limited Management Coordin- p.m. the City Council
real property and public space. Van ator Paul Schultz reconvened in open
improvements in the Milligen provided stated that research session stating that
proposed expansion details about the would be coordinated staff had been given
area of the Greater acquisition grant used by a high level team proper direction.
Downtown Urban for the project, job from the University of There being no
Renewal District; (2) creation, term of the Iowa that includes further business, upon
Determining that the agreement, and the graduate students and motion the City Council
Development Agree- POD Master plan as professors of a two- adjourned at 10:42 p.m.
ment submitted by compared to the year program and that Jeanne F. Schneider,
Engine House #1, LLC Planned Unit Devel- they are confident it is CMC, City Clerk
satisfies the offering opment ordinance a quality program. It 4/27
requirements with relative to this area. Seconded by Braig.
respect to the real Motion carried 6-1 with Motion carried 7-0.
property and improve- Resnick voting nay. Police Department -
ments and declaring Fiscal Year 2011 Third Tenant Background
the intent of the City Budget Amendment: Check Service Pro -
Council to approve the Proof of publication on vider: City Manager
Development Agree- notice of public recommending approv-
ment with Engine hearing to consider al of the selection of
House #1, LLC in the adoption of the Fiscal Rental Services, Inc., of
event that no Year 2011 Third Budget Arvada, Colorado, to
competing proposals Amendment and City provide criminal
are submitted; and (3) Manager recommend- history background
Soliciting competing ing approval. Motion checks as part of the
proposals was adopted by Jones to receive and City of Dubuque
setting a public file the documents and service to local
hearing for a meeting adopt Resolution No. landlords. Motion by
to commence at 6:30 140-11 Adopting the Jones to receive and
p.m. on June 6, 2011 in Fiscal Year 2011 Third file the documents and
the Historic Federal Budget Amendment. approve the recom-
Building. Seconded by Connors. mendation. Seconded
Paragon Square Motion carried 7-0. by Connors. Respond -
Urban Revitalization Kaufmann Avenue ing to questions from
Plan: City Manager Utility Project (John F. City Council, Assistant
recommending that a Kennedy Road to Police Chief Terry
public hearing be set Chaney Road): Proof of Tobin stated that the
for June 6, 2011 to publication on notice contract • prices are
consider establishment of public hearing to guaranteed for one
of the Paragon Square consider the plans. year with thirty-dav
;ounty, Iowa,
ie County, IoNw
CITY OF DUBUQUE, S
IOWA
CITY COUNCIL T
PROCEEDINGS p
The Dubuque City R
Council met in regular f
session at 6:30 p.m. on 5
April 18, 2011 in the
Historic Federal Build- c
ing, 350 W. 6th Street. fo
Present: Mayor Buol, L
Council Members p
Kraig, Connors, Jones, U
Lynch, Resnick, Sutton, m
City Manager Van fii
Milligen, City Attorney th
Lindahl C
Mayor Buol read the th
call and stated this is a cl
regular session of the re
City Council to act En
upon such business l0
that may properly to
come before the City As
Council. Ch
Pledge of Allegiance da
invocation was Za
provided by Sr. Jenn- da
ifer Rausch, Sisters of for
the Presentation. Up
PROCLAMATIONS do
The Month/Week of rec
the Young Child (April con
10 - 16, 2011) was
accepted by Joanne tion
Wurtz, Chairperson of fro
the Dubuque County 800
Empowerment Board, opp
2728 Asbury Road; and pro
Ann Wiflenbring, Direc- sew
tor of the Resurrection Stre
Child Care Center, 4300 C
Asbury Road; Com- Pau
munity Development ing
Block Grant Week prob
(April 25 - 30, 2011) Co
PRESENTATION Gary
Main Street lows East
Awards were pre- rega
sented by Dubuque eran
Main Street Executive on
Director Dan LoBianco. lslan
CONSENT ITEMS Co
Motion by Jones to Stev
receive and file the Bies
documents, adopt the wate
resolutions, and and
dispose of as indicated. Bies
Seconded by Resnick. Mo
Connors requested recei
(#1) Minutes and docu
Reports be held for the
separate discussion. Secon
Jones requested (#3) Jones
Citizen Communica- of th
tions be held for from
separate discussion. regar
Braig requested (#15) direct
Amendment to Col- ial s
iective Bargaining Veter
Agreement - Bus za. Mo
Operators be held for Pub
separate discussion. Struct
Motion carried 7-0. Progra
Minutes and Reports recom
Submitted: Arts and proval
Cultural Affairs Advi- of a g
sory Commission of under
2/22; City Council of Transit
4/4; Electrical Code grant
Board of 3/21; Environ- to secu
mental Stewardship for fa
Advisory Commission ments
of 4/5; Park and Upon
Recreation Commis- docum
sion of 3/8; Sister City receive
Relationships Advisory approv
Commission of 4/6;
acquisition of real matching
estate owned by Glenn are inc
Casey in the City of Develop
Dubuque was adopted. ment tha
US 61/151 Corridor agenda
Project - Iowa DOT motion t
Agreement: City Man- were rec
ager recommending and Reso
approval of an Iowa 11 Aut
Department of Trans- filing of
portation Agreement for Sta
for Urban -State Traffic Assistanc
Engineering Program Flexsteel
(U-STEP) as it relates Inc., was
to the US 61/151 Golden
Corridor Project and Press rel
the installation of that the
traffic signals and has recei
pavement widening at Silo Awa
the intersections of standing
Maquoketa Drive, Twin the Silos
Valley Drive and U5 52. Stacks N
Upon motion the tage Area
documents were support a
received and filed and with 5
Resolution No. 127-1I numerous
Approving the Iowa create aw
Department of Trans- the Heri
portation Agreement Upon m
for an Urban -State document
Traffic Engineering received a
Program (U-Step) Pro- Ame
ject (Agreement No. 06- Collective
11-Ustep-03) between Agreement
the Iowa Department sters Loc
of Transportation and City Mana
the City of Dubuque for mending
the U5 61/151 Corridor an amend
Project was adopted. Collective
PTC LLC - 1800 Elm Agreement
Street City Manager the Teams
recommending appro- No. 120 and
val of Irrevocable Dubuque to
Licenses for PTC LLC to a work
keep and maintain the consists of
existing encroach- per day an
ments of the loading per week
dock, gas meter and Airport M
protective pillars in the workers a
public right-of-way of Mechanic.
Pine Street behind the tion the
Eagle Country Market were recei
on 1800 Elm Street. and approve
Upon motion the Amend
documents were Collective
received, filed, and Agreement
Zoning Advisory Com-
mission of 4/6
Proof of publication of
City Council Proceed-
ings of March 21, 2011
Motion by Connors to
receive and file the
documents. Seconded.
by Jones. Connors
addressed the minutes
from the Environ-
mental Stewardship
Advisory Commission
relating to a car
washing policy and
asked for a written
response from staff
about alternatives for
organizations in terms
of location and
products used for
these types of events.
Van Milligen stated he
will have staff research
it and return a report
to Council. Motion
carried 7-0.
Notice o
uits: Willia
roperty d
homas Z
roperty
andy and T
or property
tate Farm
for William a
a Carr; Joyc
r property
ois Weinsc
roperty
pon motion
ents were
ed, and re
ments and r
City Ma
ded by
spoke in su
e communi
Gary K
ding addi
ional and m
ignage for
ans' Memori
tion carried
ric Transit
ure Grant (
m: City Ma
mending
of the sub
rant applic
the P
I nfrastru
(PTIG) Pro
re State fun
cility imp
at The
motion
ents
d, flied,
ed.
•, IV
funds, wh
uded in
meat Agr
t is a separ
item. Up
he docume
eived and fil
lotion No. 1
horizing t
an applicati
to Financ
e on behalf
Industri
adopted.
Silo Awar
ease advisi
Mines of Spa
ved a Gold
rd for Ott
Partner fro
and Smok
ational Her
for showin
nd partnerin
SNHA o
occasions t
areness fo
tage Area
ation th
wa
nd filed.
ndment t
Bargaining
- Team
al No. 120
ger recom
approval of
ment to the
Bargaining
between
ters Local
the City of
provide for
week that
ten hours
d four days
for the
aintenance-
nd Airport
Upon mo-
documents
ved, filed,
d.
merit to
Bargaining
- Bus
apprbved. nnoro+ ram. nr•.. .._
f Claims/
m Peck for
amage; J.
aber for
damage;
Ina Miller
damage;
Insurance
nd Rebec-
e M. Terris
damage;
henk for
damage.
the docu-
received,
ferred to
e City Attorney.
ity Attorney advising
at the following
aims have been
ferred to Public
tity Risk Services of
wa, the agent for the
wa Communities
surance Pool: Rachel
avez for vehicle
mage; J. Thomas
ber for property
mage; William Peck
property damage.
on motion the
cuments were
eived, filed and
curred.
Citizen Com
s: Commu
m Rachel K.
Laurel St
ositlon t
posed exten
er lines on
et.
ommunicatio
la Kaufman
the p
rem in Dubu
mmunicatio
R. Kirche
22nd
rding the
s' Memoria
Chaplain 5
d.
mmunicatio
en A. Krieg
Drive, regar
r main ex
water run
Drive.
tion by Jo
ve and fil
e€er to R
nager. M
Braig.
munica-
nication Collective Bargaining
Daack, Agreement between
reet, in the Teamsters Local
o the No. 120 (Bus Opera-
sion of tors) and the City to
Laurel permit part-time
employees to work
n from 1,664 or more hours in
regard- fiscal Year 2011.
ollutlon Motion by Braig to
que. receive and file the
n from documents and ap-
r, 312 prove the recom menda-
Street, tion. Seconded by
Vet -Resnick. Braig ques-
I Plaza tioned why part-time
chmitt . bus operator hours will
increase to just 416
n from hours less than full-
, 1576 time operators. Van
ding a Milligen stated that the
tension increase in hours is an
off on annual cap and only for
this fiscal year. Motion
nes to carried 7-0.
e the Fifth Street Parking
formation
LLP to provide audit
services for the City of
Dubuque for a five-
year period. Upon
motion the documents
were received, filed,
and approved.
Alcohol Compliance -
Civil Penalty for
Alcohol License Holder:
City Manager recom- L
mending acceptance of
the Acknowledgement/ i
Copy
STATE OF IOWA {SS:
DUBUQUE COUNTY
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Federal Emergency
Management Agency
(FEMA): Communica-
tion from Richard
Leonard, FEMA,
advising that the City's
PAL designation will
expire on May 17,2011
and that all necessary
documentation re-
quired demonstrating
that the Dubuque Local
Flood Protection
Project Levee is in full
compliance with Code
of Federal Regulations
needs to be submitted
by that date. Upon
motion the document
was received, filed and
referred to the City
Manager.
U.S. Department of
Housing and Urban
Development: Com-
munication from Betty
J. Bottiger, Office of
Fair Housing and Equal
Opportunity, advising
that the U.S. Depart-
ment of Housing and
Urban Development
(HUD) plans to conduct
a limited civil rights
compliance review of
the City's HUD funded
programs. Upon mo-
tion the document was
received, filed and
referred to the City
Manager.
Purchase of Property -
2109 Kniest Street: City
Manager recommend-
ing approval of the
purchase of property
at 2109 Kniest Street as
part of the acquisition
program for the Bee
Branch Creek Restor-
ation Project. Upon
motion the documents
were received and filed
and Resolution No. 126-
11 Approving the
acquisition of real
estate owned by Glenn
Casey in the City of
Dubuque was adopted.
US 61/151 Corridor
Project - Iowa DOT
Agreement: City Man-
ager recommending
approval of an Iowa
Department of Trans-
portation Agreement
for Urban -State Traffic
Engineering Program
(U-STEP) as it relates
to the US 61/151
Corridor Project and
the installation of
traffic signals and
pavement widening at
the intersections of
Maquoketa Drive, Twin
Valley Drive and US 52.
Upon motion the
documents were
received and filed and
Resolution No. 127-11
Approving the Iowa
Department of Trans-
portation Agreement
for an Urban -State
Traffic Engineering
Program (U-Step) Pro-
ject (Agreement No. 06-
11-Ustep-03) between
the Iowa Department
of Transportation and
the City of Dubuque for
the US 61/151 Corridor
Project was adopted.
PTC LLC - 1800 Elm
Street: City Manager
recommending appro-
val of Irrevocable
Licenses for PTC LLC to
keep and maintain the
existing encroach-
ments of the loading
dock, gas meter and
protective pillars in the
public right-of-way of
Pine Street behind the
Eagle Country Market
on 1800 Elm Street.
Upon motion the
documents were
received, filed, and
approved. •
Carnegie -Stout Public
Library Renovation Pro-
ject - Contract No. 12:
City Manager recom-
mending accep-tance
of the Carnegie -Stout
Public Library Renova-
tion Project - Contract
No. 12 as completed by
Westphal & Co., Inc., in
the amount of
$1,142,863.37. Upon
motion the documents
were received and fled
and Resolution No. 128-
11 Accepting the
Carnegie -Stout Public
Library Renovation Pro-
ject - Contract No. 12
and authorizing pay-
ment of the contract
amount to the con-
tractor was adopted.
Environmental Cove-
nant - Former Dubuque
Hardwoods Site: City
Manager recommend-
ing approval of an
Environmental Cove-
nant on Lot 2 Riverwalk
Ninth Addition (former
Dubuque Hardwoods
site) in the Port of
Dubuque to prohibit
drinking water wells on
the property. Upon
motion the documents
were received and filed
and Resolution No. 129-
11 Approving an
Environmental Cove-
nant on Lot 2 of
Riverwalk Ninth Addi-
tion in the Port of
Dubuque was adopted.
State of Iowa
Financial Assistance
Application for Flex -
steel Industries, Inc.:
City Manager recom-
mending approval of a
Financial Assistance
application to the Iowa
Department of Econo-
mic Development on
behalf of Flexsteel
Industries, inc., with a
commitment of local
matching funds, which
are included in the
Development Agree-
ment that is a separate
agenda item. Upon
motion the documents
were received and filed
and Resolution No. 130-
11 Authorizing the
filing of an application
for State Financial
Assistance on behalf of
Flexsteel Industries,
Inc., was adopted.
Golden Silo Award:
Press release advising
that the Mines of Spain
has received a Golden
Silo Award for Out-
standing Partner from
the Silos and Smoke
Stacks National Heri-
tage Area for showing
support and partnering
with SSNHA on
numerous occasions to
create awareness for
the Heritage Area.
Upon motion the
document was
received and flied.
Amendment to
Collective Bargaining
Agreement - Team-
sters Local No. 120:
City Manager recom-
mending approval of
an amendment to the
Collective Bargaining
Agreement between
the Teamsters Local
No. 120 and the City of
Dubuque to provide for
a work week that
consists of ten hours
per day and four days
per week for the
Airport Maintenance -
workers and Airport
Mechanic. Upon mo-
tion the documents
were received, filed,
and approved.
Amendment to
Collective Bargaining
Agreement - Bus
operators: City Man-
ager recommending
approval of an
amendment to the
Collective Bargaining
Agreement between
the Teamsters Local
No. 120 (Bus Opera-
tors) and the City to
permit part-time
employees to work
1,664 or more hours in
fiscal Year 2011.
Motion by Braig to
receive and file the
documents and ap-
provethe recommenda-
tion. Seconded by
Resnick. Braig ques-
tioned why part-time
bus operator hours will
increase to just 416
hours less than full-
time operators. Van
Mllligen stated that the
increase in hours is an
annual cap and only for
this fiscal year. Motion
carried 7-0.
Fifth Street Parking
Ramp Re -Lighting: City
Manager transmitting
information regarding
the retro fitting of the
lighting in the Fifth
Street Parking Ramp.
Upon motion the
documents were
received and filed.
2011 - 2012 Deer
Management Plan: City
Manager recommend-
ing approval of the
2011 - 2012 Deer
Management Plan.
Upon motion the
documents were
received, filed, and
approved.
Julien's Journal: Copy
of March 2011 article in
Julien's Journal fea-
turing Assistant City
Manager Cindy Stein-
hauser. Upon motion
the document was
received and filed.
Metropolitan Coalition
Grant Application: City
Manager recommend-
ing support of the
submittal of a grant to
the Iowa Office of
Energy Independence,
in • partnership with
seven communities
who are members of
the Metropolitan Coali-
tion, the largest cities
in the State of Iowa.
Upon motion the docu-
ments were received,
filed, and approved.
Purchase of Property -
2263 Elm Street: City
Manager recommend-
ing approval of the
purchase of property
at 2263 Elm Street as
part of the acquisition
program associated
with the Bee Branch
Creek Restoration
Project. Upon motion
the documents were
received and filed and
Resolution No. 131-11
Approving the acqui-
sition of real estate
owned by Robert D.
and Livija Kiauer in the
City of Dubuque was
adopted.
Historic Preservation
Commission: Communi-
cation from Peggy
Stover submitting her
resignation from the
Historic Preservation
Commission. Upon
motion the document
was received and filed
and the resignation
accepted.
Human Rights Com-
mission: Communica-
tion from Lori Apel
submitting her resig-
nation from the Human
Rights Commission.
Upon motion the docu-
ment was received and
filed and the
resignation accepted.
Audit Services Recom-
mendation: City Man-
ager recommending
approval of the
selection of Eide Bailfy,
LLP to provide audit
services for the City of
Dubuque for a five-
year period. Upon
motion the documents
were received, filed,
and approved.
Alcohol Compliance -
Civil Penalty for
Alcohol License Holder:
City Manager recom-
mending acceptance of
the Acknowledgement/
Settlement Agreement
for Cookin' Something
Up for their first
offense alcohol com-
pliance violation. Upon
motion the documents
were received, filed,
and approved.
Signed Contracts:
Water Pollution Control
Plant Modifications
Project - MWH Amer-
Ica's, Inc., Budget
Increase Request.
Upon motion the
documents were
received and filed.
Liquor License and
Cigarette Permit Appli-
cations: City Manager
recommending ap-
proval of annual liquor
license and cigarette
permit renewals as
submitted. Upon
motion the documents
were received and filed
and Resolution No. 132-
11 Granting the
issuance of a new
cigarette permit to
Let's Roll Tobacco I.A.;
Resolution No. 133-11
Granting the issuance
of a Class "B" Beer
Permit to Catfish
Festival and McAleece
Park/Recreation Com-
plex; and Resolution
No. 134-11 Granting the
issuance of a Class "A"
Liquor License to
Dubuque Golf and
Country Club and
Dubuque Lodge #355;
Class "C" Beer/Liquor
License to Lot One,
Catfish Charlie's, The
Lift and Monk's Kaffee
Pub; and a Class
"WBN" Native Wine
License to Dubuque
Arboretum Association
were adopted.
Mayor Buol acknow-
ledged the Interna-
tional City Manager's
Association Fellows in
attendance, Mr. Ou
Jianping and Mr. Guo
Jiankui, who were
visiting from China.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Connors 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 Lynch.
Motion carried 7-0.
Proceedings for Real-
location of General
Obligation Bonds
Series 2009A and
Series 2010A: City
Manager recommend-
ing that a public
hearing be set for May
2, 2011 to consider the
reallocation of General
Obligation Bonds
Series 2009A and
Series 2010A. Upon
motion the documents
were received and filed
and Resolution No. 135-
11 Fixing date for a
meeting on the
proposal to reallocate
certain unspent pro-
ceeds of the General
Obligation Bonds,
Series 2009A (Taxable
BUi1d America Bonds),
and General Obligation
Bonds, Series 2010A
Bonds, and providing
for publication of
notice thereof was
adopted setting a
public hearing for a
meeting. to commence
at 6:30 p.m. on May 2,
2011 in the Historic
Federal Building.
2011 Sewer Cured -in -
Place Pipe (C1PP)
Lining Project: City
Manager recommend-
ing initiation of the
bidding process for the
2011 Sewer Cured -in -
Place Pipe (CIPP)
Lining Project and
further recommends
that a public hearing
be set for May 2, 2011.
Upon motion the
documents were
received and filed and
Resolution No. 136-11
Preliminary approval of
plans, specifications,
form of contract, and
estimated cost; setting
date of public hearing
on plans, specifica-
tions, form of contract,
and estimated cost;
and ordering the
advertisement for bids
for the 2011 Sewer
Cured -In -Place Pipe
(CIPP) Lining Project
was adopted setting a
public hearing for a
meeting to commence
at 6:30 p.m. on May 2,
2011 in the Historic
Federal Building.
Engine House #1 LLC -
Development Agree-
ment: City Manager
recommending that a
public hearing be set
for June 6, 2011 to
consider a develop-
ment agreement
between the City of
Dubuque and Engine
House #1, LLC., a
subsidiary of Dubuque
Initiatives, to sell and
rehabilitate the Engine
House #1 building
(18th Street), which
formerly housed the
Housing Department
offices. Upon motion
the documents were
received and filed and
Resolution No. 137-11
(1) Approving the
minimum require-
ments, competitive
criteria, and offering
procedures for the
development of certain
real property and
improvements in the
proposed expansion
area of the Greater
Downtown Urban
Renewal District; (2)
Determining that the
Development Agree-
ment submitted by
Engine House #1, LLC
satisfies the offering
requirements with
respect to the real
property and improve-
ments and declaring
the intent of the City
Council to approve the
Development Agree-
ment with Engine
House #1, LLC in the
event that no
competing proposals
are submitted; and (3)
Soliciting competing
proposals was adopted
setting a public
hearing for a meeting
to commence at 6:30
p.m. on June 6, 2011 in
the Historic Federal
Building.
Paragon Square
Urban Revitalization
Plan: City Manager
recommending that a
public hearing be set
for June 6, 2011 to
consider establishment
of the Paragon Square
Urban Revitalization
Plan. Upon motion the
documents were
received and fired and
Resolution No. 138-11
Finding that the
designation of the
Paragon Square Urban
Revitalization Plan is
necessary in the
interest of the public
health, safety and
welfare of the
residents of the City of
Dubuque, Iowa, and
providing for a public
hearing thereon was
adopted setting a
public hearing for a
meeting to commence
at 6:30 p.m. on June 6,
2011 in the Historic
Federal Building.
BOARDS/
COMMISSIONS
Appointments to the
following Boards/Com-
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
Braig and Resnick of Intent to the
voting nay. Develop- Wellmark Foundation
ment partner, Rick requesting $25,000 in
Ehrlich, 10662 Diesel funding of healthy
Drive, stated that focal foods projects.
houses are sold Motion by Connors to
contingent to approval receive and file the
and that Graceland, documents and ap-
LLC can help maintain prove the recommen-
the current condition dation. Seconded by
of the street by Braig. Motion carried 7-0.
controlling their truck Letter of Support for
traffic during develop- Green Dubuque EPA
ment. Motion carried 5- Environmental Justice
2 with Braig and Small Grant Applica-
Resnick voting nay. tion: City Manager
Smart Growth Devel- recommending ap-
opment: City Manager proval of a Letter of
recommending appro- Support for Green
val to commit $2,000 Dubuque's application
for the efforts of Smart to the EPA Envlron-
Growth Development mental Justice Small
as they work toward Grant program. Motion
improving the Historic by Braig to receive and
Tax programs that file the documents and
fund many rehabili- approve the recom-
tation projects in the mendation. Seconded
City of Dubuque. Mo- by Connors. Respond-
tion by Jones to receive ing to questions from
and file the documents City Council, Van
and approve the recom- Milligen stated that
mendation. Seconded since this is a private
by Resnick. Motion group It would need to
carried 7-0. request a work session
Amendment to Joint with the City Council.
Development Agree- Sustainability Coor-
ment with IBM: City dinator Cori Burbach
Manager recom- stated that Green
mending approval of Dubuque is open to
an amended IBM Joint having a work session
Development Agree- with the City Council.
ment on Smarter Motion carried 7-0.
Water to extend and EPA Climate Show -
expand the community case Communities
access to Smarter Grant: City Manager
Water information and advising that the City
tools. This item was of Dubuque has been
removed from the a(varded an EPA Cli-
agenda. mate Showcase Com-
sustainable Dubuque munities grant in the
Watershed Network: amount of $473,136.
City Manager recom- Motion by Braig to
mending approval of a receive and file the
proposed research documents and ap-
project to be under- prove the recommen-
taken in partnership dation. Seconded by
with the University of Jones. Motion carried 7-0.
Iowa to develop the CLOSED SESSION
Sustainable Dubuque Motion by Jones at
Watershed Network. 9:34 p.m. to enter into
Motion by Connors to closed session regard -
receive and file the ing pending litigation,
documents and ap- property acquisition,
prove the recommenda- and professional com-
tion. Responding to petency pursuant to
questions from City Chapter 21.5(1)(c)(j)(i)
Council, Water Pollu- Code of Iowa.
tion Control Plant Seconded by Resnick.
Manager Jonathon Motion carried 7-0.
Brown and Resource Upon motion at 10:41
Management Coordin- p.m. the City Council
ator Paul Schultz reconvened in open
stated that research session stating that
would be coordinated staff had been given
by a high level team proper direction.
from the University of There being no
Iowa that includes further business, upon
graduate students and motion the City Council
professors of a two- adjourned at 10:42 p.m.
year program and that Jeanne F. Schneider,
they are confident it is CMC, City Clerk
a quality program. it 4/27
Seconded by Braig.
Motion carried 7-0.
Police Department -
Tenant Background
Check Service Pro-
vider: City Manager
recommending approv-
al of the selection of
Rental Services, Inc., of
Arvada, Colorado, to
provide criminal
history background
checks as part of the
City of Dubuque
service to Vocal
landlords. Motion by
Jones to receive and
file the documents and
approve the recom-
mendation. Seconded
by Connors. Respond-
ing to questions from
City Council, Assistant
Police Chief Terry
Tobin stated that the
contract prices are
guaranteed for one
year with thirty -day
notice by the vendor or
seven-day notice by
the City. Tobin added
that background
checks would take
possibly 3 days. Van
Milligen stated that
landlords are required
to do background
checks with services
that meet the City's
standards, but are not
required to use the
City's service. Motion
carried 7-0.
Port of Dubuque
Marina Dock System
and Utilities Project -
Bid Package #1: City
Manager recommend-
ing award of the
contract far the Port of
Dubuque Marina Dock
System and Utilities
Project - Bid Package
#1 to Dubuque Barge &
Fleeting Service Co.,
public hearings. Motion
carried 7-0.
Motion by Jones for
final consideration and
passage of Ordinance
No. 30-11 Amending
Title 16 of the City of
Dubuque Code of Ordi-
nances, Unified Devel-
opment Code, by re-
classifying hereinafter
described property
located at 2505 Elm
Street from R-2A
Alternate Two -Family
Residential District to
OR Office Residential
District. Seconded by
Braig. Motion carried 7-0.
Expansion of Flexsteel
Industries, Inc., in the
Port of Dubuque: Proof
of publication on
notice of public hear-
ing to consider
disposing of approx-
imately 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 a
Development Agree-
ment relating thereto
and City Manager
recommending approv-
al. Motion by Connors
to receive and file the
information and adopt
Resolution No. 139-11
Approving a Devel-
opment Agreement
providing for the sale
of approximately
27,137 sq. ft. and a
permanent easement
of 1,003 sq. ft. in the
Port of Dubuque to
Flexsteel Industries;
Inc. Seconded by Braig.
Greater Dubuque
Development Corpora-
tion Vice President for
Existing Businesses
Dan McDonald spoke in
support of the project.
Responding to
questions from City
Council, Flexsteel CEO
Ron Klosterman stated
that the company did
look at various
locations. Resnick
referenced the Port of
Dubuque Master Plarr
and expressed concern
about the Port of
Dubuque becoming an
office park with limited
public space. Van
Milligen provided
details about the
acquisition grant used
for the project, job
creation, term of the
agreement, and the
POD Master plan as
compared to the
Planned Unit Devel-
opment ordinance
relative to this area.
Motion carried 6-1 with
Resnick voting nay.
Fiscal Year 2011 Third
Budget Amendment:
Proof of publication on
notice of public
hearing to consider
adoptions of the Fiscal
Year 2011 Third Budget
Amendment and City
Manager recommend-
ing approval. Motion
by Jones to receive and
file the documents and
adopt Resolution No.
140-11 Adopting the
Fiscal Year 2011 Third
Budget Amendment.
Seconded by Connors.
Motion carried 7-0.
Kaufmann Avenue
Utility Project (John F.
Kennedy Road to
Chaney Road): Proof of
publication on notice
of public hearing to
consider the plans,
specifications, form of
contract, and esti-
mated cost for the
Kaufmann Avenue
Utility Project (John F.
Kennedy Road to
Chaney Road) and City
Manager recommend-
ing approval. Motion
by Connors to receive
and file the documents
and adopt Resolution
No. 141-11 Approving
plans, specifications,
form of contract, and
estimated cost for the
Kaufmann Avenue
Utility Project (John F.
Kennedy Road to
Chaney Road).
Seconded by Braig.
Responding to ques-
tions from City Council,
City Engineer Gus
Psihoyos stated that
the. street reconstruc-
tion phase of the
i`ounty, Iowa,
ie County, Iowa.
lance veer< Festor
tion Project. Upon
otion the documents
ere received and flied
d Resolution No. 126-
1 Approving the
cquisition of real
tate owned by Glenn
asey in the City of
ubuque was adopted.
US 61/151 Corridor
reject Iowa DOT
greement: City Man-
ger recommending
pproval of an Iowa
epartment of Trans-
ortation Agreement
r Urban -State Traffic
ngineering Program
-STEP) as it relates
the US 61/151
+rridor Project and
e installation of
affic signals and
vement widening at
fie intersections of
aquoketa Drive, Twin
slley Drive and US 52.
+on motion the
currents were
ceived and filed and
solution No. 127-11
.proving the Iowa
partment of Trans-
rtation Agreement
r an Urban -State
ffic Engineering
ogram (U-Step) Pro -
(Agreement No. 06-
-Ustep-03) between
e Iowa Department
Transportation and
e City of Dubuque for
e US 61/151 Corridor
eject was adopted.
PTC LLC - 1800 Elm
reet: City Manager
commending eppro-
1 of Irrevocable
enses for PTC LLC to
ep and maintain the
fisting encroach-
nts of the loading
ck, gas meter and
+tective pillars in the
bile right-of-way of
e Street behind the
gle Country Market
1800 Elm Street.
on motion the
cements were
eived, filed, and
roved. •
arnegie-Stout Public
rary Renovation Pro-
- Contract No. 12:
dffillcatlori to the Iowa
Department of Econo-
mic Development on
behalf of Flexsteel
Industries, Inc., with a
commitment of local
matching funds, which
are Included in the
Development Agree-
ment that is a separate
agenda item. Upon
motion the documents
were received and filed
and Resolution No. 130-
11 Authorizing the
filing of an application
for State Financial
Assistance on behalf of
Flexsteel Industries,
Inc., was adopted.
Golden Silo Award:
Press release advising
that the Mines of Spain
has received a Golden
Silo Award for Out-
standing Partner from
the Silos and Smoke
Stacks National Heri-
tage Area for showing
support and partnering
with SSNHA on
numerous occasions to
create awareness for
the Heritage Area.
Upon motion the
document was
received and filed.
Amendment to
Collective Bargaining
Agreement - Team-
sters Local No. 120:
City Manager recom-
mending approval of
an amendment to the
Collective Bargaining
Agreement between
the Teamsters Local
No. 120 and the City of
Dubuque to provide for
a work week that
consists of ten hours
per day and four days
per week for the
Airport Maintenance -
workers and Airport
Mechanic. Upon mo-
tion the documents
were received, filed,
and approved.
Amendment to
Collective Bargaining
Agreement - Bus
Operators: City Man-
ager recommending
approval of an
amendment to the
Manager Cindy Stein-
hauser, Upon motion
the document was
received and filed.
Metropolitan Coalition
Grant Application: City
Manager recommend-
ing support of the
submittal of a grant to
the Iowa Office of
Energy Independence,
in partnership with
seven communities
who are members of
the Metropolitan Coali-
tion, the largest cities
in the State of Iowa.
Upon motion the docu-
ments were received,
filed, and approved.
Purchase of Property -
2263 Elm Street: City
Manager recommend-
ing approval of the
purchase of property
at 2263 Elm Street as
part of the acquisition
program associated
with the Bee Branch
Creek Restoration
Project. Upon motion
the documents were
received and filed and
Resolution No. 131-11
Approving the acqui-
sition of real estate
owned by Robert D.
and Livija Klauer in the
City of Dubuque was
adopted.
Historic Preservation
Commission: Communi-
cation from Peggy
Stover submitting her
resignation from the
Historic Preservation
Commission. Upon
motion the document
was received and filed
and the resignation
accepted.
Human Rights Com-
mission: Communica-
tion from Lori Apel
submitting her resig-
nation from the Human
Rights Commission.
Upon motion the docu-
ment was received and
filed and the
resignation accepted.
Audit Services Recom-
mendation: • City Man-
ager recommending
approval of the
selection of Eide Bailly,
Festival and McAleece
Park/Recreation Com-
plex; and Resolution
No. 134-11 Granting the
issuance of a Class "A"
Liquor License to
Dubuque Golf and
Country Club and
Dubuque Lodge #355;
Class "C" Beer/Liquor
License to Lot One,
Catfish Charlie's, The
Lift and Monk's Kaffee
Pub; and a Class
"WON" Native Wine
License to Dubuque
Arboretum Association
were adopted.
Mayor Buol acknow-
ledged the Interna-
tional City Manager's
Association Fellows in
attendance, Mr. Ou
Jianping and Mr. Guo
Jiankui, who were
visiting from China.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Connors 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 Lynch.
Motion carried 7-0.
Proceedings for Real-
location of General
Obligation Bonds
Series 2009A and
Series 2010A: City
Manager recommend-
ing that a public
hearing be set for May
2, 2011 to consider the
reallocation of General
Obligation Bonds
Series 2009A and
Series 2010A. Upon
motion the documents
were received and filed
and Resolution No. 135-
11 Fixing date for a
meeting on the
proposal to reallocate
certain unspent pro-
ceeds of the General
Obligation Bonds,
Series 2009A (Taxable
Build America Bonds),
and General Obligation
Bonds, Series 2010A
Bonds, and providing
consider a develo
ment agreerne
between the City
Dubuque and Engi
House #1, LLC.,
subsidiary of Dubuq
Initiatives, to sell a
rehabilitate the Engi
House #1 buildi
(18th Street), whi
formerly housed t
Housing Departme
offices. Upon moti
the documents we
received and filed a
Resolution No. 137-
(1) Approving t
minimum requir
competiti
criteria, and offerin
procedures for th
development of certa
real property an
improvements in th
proposed expansio
area of the Great
Downtown Urba
Renewal District; (
Determining that th
Development Agre
ment submitted b
Engine House #1, LL
satisfies the offerin
requirements wit
respect to the real
property and improve-
ments and declaring
the intent of the City
Council to approve th
Development Agree
ment with Engin
House #1, LLC in th
event that n
competing proposal
are submitted; and (3
Soliciting competin
proposals was adopte
setting a publi
hearing for a meetin
to commence at 6:3
p.m. on June 6, 2011 i
the Historic Federa
Building.
Paragon Squar
Revitalizatio
Plan: City Manage
recommending that
public hearing be se
for June 6, 2011
consider establishmen
of the Paragon Square
Urban Revitalization
Plan. Upon motion the
documents were
received and filed and
Resolution No. 138-11
Finding that the
designation of the
Paragon Square Urban
Revitalization Plan is
necessary In the
interest of the public
health, safety and
welfare of the
residents of the City of
Dubuque, Iowa, and
providing for a public
hearing thereon was
adopted setting a
public hearing for a
meeting to commence
at 6:30 p.m. on June 6,
2011 in the Historic
Federal Building.
BOARDS/
COMMISSIONS
Appointments to the
foliowing Boards/Com-
missions: Housing
Commission: Three 3-
year terms through
August 17, 2011 (Term
of Frommelt, Helling,
and Sutton). Appli-
cants: Amy Eudaley,
950 Wood Street;
Patricia Rogaskie, I502
Yz Elm Street (Addi-
tional Applicant);
Regine Ronek, 2282
White Street (Addi-
tional Applicant).
Motion by Jones to
receive and file the
documents and ap-
point Amy Eudaley,
Patricia Rogaskie, and
Regine Ronek to the
Housing Commission
for 3-year terms
through August 17,
2011. Seconded by
Braig. Connors re-
quested that the
applicants he allowed
to speak. Ms. Eudaley,
Ms. Rogaskie, and Ms.
Ronek each spoke in
support of their re-
spective appointment.
Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City
Council.
Rezoning Request -
2505 Elm Street: Proof
of publication on
notice of public
hearing to consider a
request from Reverend
Richard Mihm, Dubu-
que Rescue Mission, to
rezone property
located at 2505 Elm
Street from R-2A
Alternate Two -Family
Residential District to
OR Office Residential
District and Zoning
Advisory Commission
recommending appro-
val. 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. Dubuque
Rescue Mission Execu-
tive Director, Richard
Mihm, spoke in support
of the request. Plan-
ning Services Manager
Laura Carstens
provided a staff report.
Zoning Advisory Com-
mission Chairperson
Jeff Stiles spoke in
support of the request
on behalf of the
Commission and pro-
vided information from
the Comm,ssion's
V a4 0+I RILL
O n Sustainable Dubuque
Watershed .Network:
City Manager recom-
e mending approval of a
proposed research
r project to be under-
s taken in partnership
n with the University of
Iowa to develop the
Sustainable Dubuque
Watershed. Network.
Motion by Connors to
receive and file the
documents and ap-
provethe recommenda-
tion. Responding to
f questions from City
Council, Water Pollu-
tion Control Plant
Manager Jonathon
Brown and Resource
Management Coordin-
ator Paul Schultz
stated that research
would be coordinated
by a high level team
from the University of
Iowa that includes
graduate students and
professors of a two-
year program and that
they are confident it is
a quality program.
Seconded by Braig.
Motion carried 7-0.
Police Department -
Tenant Background
Check Service Pro-
vider: City Manager
recommending approv-
al of the selection of
Rental Services, Inc., of
Arvada, Colorado, to
provide criminal
history background
checks as part of the
City of Dubuque
service to local
landlords. Motion by
Jones to receive and
file the documents and
approve the recom-
mendation. Seconded
by Connors. Respond-
ing to questions from
City Council, Assistant
Police Chief Terry
Tobin stated that the
contract • prices are
guaranteed for one
year with thirty -day
notice by the vendor or
seven-day notice by
the City. Tobin added
that background
checks would take
possibly 3 days. Van
Mllligen stated that
landlords are required
to do background
checks with services
that meet the City's
standards, but are not
required to use the
City's service. Motion
carried 7-0.
Port of Dubuque
Marina Dock System
and Utilities Project -
Bid Package #1: City
Manager recommend-
ing award of the
contract for the Port of
Dubuque Marina Dock
System and Utilities
Project - Bid Package
#1 to Dubuque Barge &
Fleeting Service Co.,
d/b/a Newt Marine
Service of Dubuque,
Iowa. Motion by
Resnick to receive and
file the documents and
adopt Resolution No.
142-11 Awarding public
improvement contract
for the Port of Dubuque
Marina Dock System
and Utilities Project -
Bid Package #1.
Seconded by Jones.
Motion carried 7-0.
Glass Curbside
Collection Policy: City
Manager recommend-
ing City of Dubuque
discontinue the curb-
side collection of glass
for recycling effective
July 2, 2011 and that an
education and promo-
tion campaign be
initiated as soon as
possible to explain to
the City of Dubuque
customers the reasons
for the recommended
policy change.
Communication from
Charles F. Goddard,
DMASWA Administra-
tor, advising that the
Dubuque Metropolitan
Area Solid Waste
Agency will no longer
subsidize the curbside
collection of glass for
recycling.
Motion by Jones to
receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Resnick. Lynch ques-
tioned the recommen-
dation and disagreed
with the reasons for
discontinuing collec-
tion stating that It is
not walking the walk of
sustainability and has
minimal budget im-
pact. Jones stated that
currently there is no
benefit to glass
collection and that the
City must first have a
buyer for the recycled
glass. Motion carried 6-
1 with Lynch voting
nay.
Growing Sustainable
Communities Confer-
ence: City Manager
recommending ap-
proval of a contract
with Sustainable Cities
Network for the
Growing Sustainable
Communities Confer-
ence. Motion by
Connors to receive and
file the documents and
approve the recom-
mendation. Seconded
by Resnick. Motion
carried 7-0.
Wellmark Foundation
etter of Intent: City
Manager recommend-
ng approval of a Letter
p- Port of Dubuque t
nt Flexsteel Industries
of Inc. Seconded by Braig
ne Greater Dubuqu
a Development Corpora
ue tion Vice President fo
nd Existing Businesse
ne Dan McDonald spoke i
ng support of the project
ch Responding to
he questions from City
nt Council, Flexsteel CEO
on Ron Klosterman stated
re that the company did
nd look at various
11 locations. Resnick
he referenced the Port o
re- Dubuque Master Plan
ve and expressed concern
g about the Port of
e Dubuque becoming an
in office park with limited
d public space. Van
e MilHgen provided
n details about the
er acquisition grant used
n for the project, job
2) Creation, term of the
e agreement, and the
e- POD Master plan as
y compared to the
C Planned Unit Devel-
g opment ordinance
h relative to this area.
Motion carried 6-1 with
Resnick voting nay.
Fiscal Year 2011 Third
Budget Amendment:
e Proof of publication on
notice of public
e hearing to consider
e adoption of the Fiscal
o Year 2011 Third Budget
s Amendment and City
Manager recommend-
) ing approval. Motion
d by Jones to receive and
c file the documents and
g adopt Resolution No.
0 140-11 Adopting the
n Fiscal Year 2011 Third
1 Budget Amendment.
Seconded by Connors.
re Motion carried 7-0.
n Kaufmann Avenue
r Utility Project (John F.
a Kennedy Road to
t Chaney Road): Proof of
to publication on notice
t of public hearing to
consider the plans,
specifications, form of
contract, and esti-
mated cost for the
Kaufmann Avenue
Utility Project (John F.
Kennedy Road to
Chaney Road) and City
Manager recommend-
ing approval. Motion
by Connors to receive
and file the documents
and adopt Resolution
No. 141-11 Approving
plans, specifications,
form of contract, and
estimated cost for the
Kaufmann Avenue
Utility Project (John F.
Kennedy Road to
Chaney Road).
Seconded by Braig.
Responding to ques-
tions from City Council,
City Engineer Gus
Psihoyos stated that
the. street reconstruc-
tion phase of the
project will be bid by
the State on June 21,
2011. adding that the
utility phase is not
eligible for state
funding while the
street construction
phase is. Motion
carried 7-0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
Preliminary Plat -
Liberty Subdivision:
Zoning Advisory Com-
mission recommending
approval of the
preliminary plat of
Liberty Subdivision
waiving the paving
width of the proposed
public street from 31
feet to 27 feet and
allowing a single
access length of 1,950
feet.
Zoning Advisory
Commission request-
ing that the City make
appropriate improve-
ments to Liberty
Avenue in the event-
uality that the pro-
posed Liberty Subdivi-
sion is approved and
developed.
Motion by Connors to
receive and file the
documents and ap-
prove the recom-
mendation. Seconded
by Jones. Speaking for
area residents, Ken
Anglin, 925 Liberty
Avenue, spoke in
opposition to the
request and expressed
their collective con-
cerns including the
minimal street area,
limited parking, in-
creased truck traffic,
and water drainage.
Mr. Anglin requested
that the request be
denied or tabled.
Responding to ques-
tions from City Council,
Zoning Advisory Com-
mission Chairperson
Jeff Stiles stated that
the street is substan-
dard and needs atten-
tion. Planning Services
Manager Laura Car-
stens provided infor-
mation regarding aver-
age traffic patterns.
Fire Chief Dan Brown
stated that fire
vehicles have appro-
priate access. City
Engineer Gus Psihoyos
stated that the street
could be widened
through property
acquisition and the use
of retaining walls
adding that it would an L
assessable project.
Motion carried 5-2 with 1
mare anoweaae - Gem
munities grant in the
amount of $473,136.
Motion by Sraig to
receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Jones. Motion carried 7-0.
CLOSED SESSION
Motion by Jones at
9:34 p.m. to enter into
closed session regard-
ing pending litigation,
property acquisition,
and professional com-
petency pursuant to
Chapter 21.5(1)(c)(j)(i)
Code of Iowa.
Seconded by Resnick.
Motion Carried 7-0,
Upon motion at 10:41
p.m. the City Council
reconvened in open
session stating that
staff had been given
proper direction.
There being no
further business, upon
motion the City Council
adjourned at 10:42 p.m.
Jeanne F. Schneider,
CMC, City Clerk
It 4/27