5 16 11 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on May 16, 2011 in the
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Historic Federal Building, 350 W. 6 Street.
Present: Mayor Buol, Council Members Sutton, Braig, Connors, Jones, Lynch, Resnick, City
Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Reverend Loren Hirschy of Word of Life Church.
PROCLAMATION
Kids to Parks Day (May 21, 2011) was accepted by Leisure Services Manager Marie Ware.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Motion carried 7-0.
Minutes and Reports Submitted: Cable Community Teleprogramming Commission of 3/1;
City Council proceedings of 5/2; Civil Service Commission of 3/16; Human Rights Commission
of 4/11; Investment Oversight Advisory Commission of 4/27; Sister City Relationships Advisory
Commission of 5/4; Transit Advisory Board of 4/14; Zoning Advisory Commission of 5/4;
Zoning Board of Adjustment of 4/28
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Investment Oversight Advisory Commission 72 Quarterly Report
Library Board of Trustees Update from April 28, 2011 Meeting
Proofs of Publication for City Council Proceedings of April 18, 2011 and Lists of Claims and
Summary of Revenues for month ended March 31, 2011
Upon motion the documents were received and filed.
Notice of Claims/Suits: Jeff and Janice Bahl for vehicle damage; Danielle Basten for vehicle
damage; Kevin Ciesielski for vehicle damage; Anna Mormann for property damage. Upon
motion the documents were received and filed and referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jeff and Janice Bahl for
vehicle damage; Kevin Ciesielski for vehicle damage; Anna Mormann for property damage.
Upon motion the documents were received, filed and concurred.
Request for Release of Funds for Community Development Block Grant (CDBG): City
Manager recommending approval of a resolution authorizing the Request to Release Funds for
the proposed projects approved in the FY 2012 (Program Year 2011) Annual Action Plan for
Community Development Block Grant (CDBG) activities. Upon motion the documents were
received and filed and Resolution No. 160-11 Authorizing request for release of Community
Development Block Grant funds for Fiscal Year 2012 (Program Year 2011) was adopted.
RESOLUTION NO. 160-11
AUTHORIZING REQUEST FOR RELEASE OF COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS FOR FISCAL YEAR 2012 (PROGRAM YEAR 2011)
Whereas, the City of Dubuque will enter into a Community Development Block Grant
Agreement for the Fiscal Year commencing July 1, 2011, with the U.S. Department of Housing
and Urban Development, providing for financial assistance to the City under Title I of the
Housing and Community Development Act of 1974, as amended; and
Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of
Housing and Urban Development, an environmental review has been processed for the
hereinafter listed projects to be financed with Community Development Block Grant funds; and
Whereas, a Notice of Intent to Request Release of Funds for said grants has been
published on May 12, 2011 to commence the required seven (7) day public comment period;
and
Whereas, any and all comments received as a result of such notice will be duly considered
before proceeding with a Request for Release of Funds and Certification; and
Whereas, a Request for Release of Funds and Certification must be sent to the U.S.
Department of Housing and Urban Development at the conclusion of the comment period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed to
execute a Request for Release of Funds and Certification for the following identified
Community Development Block Grant projects on or about May 20, 2011 and submit to the
U.S. Department of Housing and Urban Development.
Community Development Block Grant Annual Plan Projects
Fiscal Year 2012 (Program Year 2011)
Housing Programs: First Time Home Buyer Program; Homeowner Rehabilitation (Operation:
Paintbrush; Operation Upkeep; Residential Rehabilitation Loan Program; Sewer Connection
Loan); Housing Administration Services and Staff; Housing Code Enforcement; Housing
Rehabilitation Services and Staff; Lead Paint Hazard Abatement Project; Rental Unit
Rehabilitation (Emergency Code Enforcement Loan Program; Moderate Income Rental Rehab
Loan Program; Accessibility Rehab; Single Room Occupancy Rehab);
Economic Development Programs: Commercial Industrial Building Rehab and Revolving
Loan Fund; Economic Development Financial Assistance Program and Revolving Loan Fund;
Neighborhood and Community Development Programs: Accessible Curb Ramps; Child
Care Resource and Referral; Dubuque Dispute Resolution Center; Information and Referral
Service; Neighborhood Development Services and Staff; Neighborhood Infrastructure
Improvements (Neighborhood Street Overlays; Neighborhood Sidewalk Program;
Neighborhood Step/Wall Repair); Neighborhood Recreation Program; Neighborhood Support
Grants; Opening Doors; Senior Center; Washington Tool Library; Zoning Inspection/
Enforcement;
Planning and Administration: CDBG Administration Services and Staff; Finance Services
and Staff; City Planning
.
No funds will be committed prior to completion of a review for other related laws of 24 CFR
58.5, including Section 106, if required for site-specific projects that are currently unidentified.
Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to assume
the status of a responsible federal official under the National Environmental Protection Act,
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insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban
Development responsibilities for review, decision making, and action assumed and carried out
by the City of Dubuque as to environmental issues.
Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent
personally, in his official capacity and on behalf of the City of Dubuque, to accept the
jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to
environmental review, decision-making and action.
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Passed, approved and adopted this 2 day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Quarterly Investment Reports: City Manager transmitting the March 31, 2011 Quarterly
Investment Report. Upon motion the documents were received and filed.
Iowa Department of Cultural Affairs: City Manager recommending approval to submit a grant
application to the Iowa Department of Cultural Affairs to provide partial funding for the City of
Dubuque’s Arts and Cultural Affairs Coordinator position. Upon motion the documents were
received, filed, and approved.
Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts: City Manager
recommending approval of the submission of delinquent water, sewer, refuse and storm water
collection accounts to the Dubuque County Treasurer. Upon motion the documents were
received and filed and Resolution No. 161-11 Adopting the Schedule of Assessments for
delinquent water, sewer, refuse and storm water accounts and directing the City Clerk to certify
the Schedule of Assessments to the County Treasurer and to publish notice thereof was
adopted.
RESOLUTION NO. 161-11
ADOPTING THE SCHEDULE OF ASSESSMENTS FOR DELINQUENT WATER, SEWER,
REFUSE AND STORM WATER ACCOUNTS AND DIRECTING THE CITY CLERK TO
CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO
PUBLISH NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the Schedule of Assessments attached hereto for delinquent
water, sewer, refuse, and storm water accounts which Schedule of Assessments was filed in
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the office of the City Clerk on the 2 day of May, 2011, the said Schedule of Assessments be
and the same is hereby approved and adopted.
That there be, and is herby assessed and levied as a lien upon the real property, the
respective sums indicated.
That the City Clerk be and is hereby directed to certify said schedule to the County
Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week
for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of
which shall be not more than fifteen days from the date of filing of the final schedule. On or
before the date of the second publication of the notice, the City Clerk shall also mail a copy of
said notice to property owners whose property is subject to assessment, as provided and
directed in Iowa Code § 384.60.
The assessments may be paid in full or in part at the Utility Billing Office, City Hall, 50 W.
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13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of
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the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30
days, unpaid assessments are payable at the County Treasurer’s Office, Dubuque County
Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same
manner as general property taxes against the respective parcels of the property set opposite
the name of the property owner.
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Passed, approved and adopted this 16 day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
SCHEDULE OF ASSESSMENTS FOR DELINQUENT WATER, SEWER, REFUSE AND
STORM WATER ACCOUNTS
Customer Name, Service Address, Account Balance, Admin Fee, Balance:
Aaron D. Locke, 321 Monroe St., 3.51, 5, 8.51 Daniel J. Siefker, 1838 Central Ave., 73.72, 5,
Allan R. Brimeyer, 327 Klingenberg Ter, 135.83, 78.72
5, 140.83 Daniel J. Siefker, 1838 Central Ave., 1045.08, 5,
Amber M. Fleege, 3056 White St., 306.74, 5, 1050.08
311.74 David A. & Cecilia J. Carner, 358 E 16th St.,
Andrew M. Bartolotta, 904 W 5th St., 144.55, 5, 118.7, 5, 123.7
149.55 Dawn M. Snider, 154 W 23rd St., 35.12, 5, 40.12
Angie Grimes, 2695 Dove St., 288.34, 5, 293.34 Dean W. Miller, 604 Rhomberg Ave., 56.24, 5,
Anna M. Riniker, 2528 Jackson St., 109.78, 5, 61.24
114.78 Debra J. May, 259 Valeria St 2nd, 4.65, 5, 9.65
Antonio G. Conley, 1104 Riverview St., 37.06, 5, Dennis A. Gottschalk, 849 Kaufmann Ave.,
42.06 122.81, 5, 127.81
Auto & Truck Parts, Inc., 3000 Jackson St., Deutsche Bank National Trust, 475 Valeria St.,
249.34, 5, 254.34 222.96, 5, 227.96
Bayview Investments LC, 30 W 28th St., 48.63, Don D. Heim, 596 University Ave., 99.65, 5,
5, 53.63 104.65
Bill J. Finn, 1860 Heeb St., 45.75, 5, 50.75 Donald S. Rogers, 749 Wilson St., 286.83, 5,
Bill J. Finn, 2010 Shelby St., 90.15, 5, 95.15 291.83
Brandon C. Merrick, 87 S Hill St., 190.26, 5, Dubuque Property Investments LLC, 2639
195.26 University Ave., 28.54, 5, 33.54
Brian S. Rieck, 2218 Suzanne Dr., 127.84, 5, Gary A. Hansen, 2060 Ellen St., 230.76, 5,
132.84 235.76
Chad J. Hagge, 800 W Locust St., 104.39, 5, Gary Bernhard, 1110 Roosevelt St., 59.64, 5,
109.39 64.64
Charles W. Wehrspann, 3870 Creston St., Gary Bernhard, 1100 Roosevelt St., 147.38, 5,
423.25, 5, 428.25 152.38
Charmayne M. McMurray, 1855 Rhomberg Ave., Gary E. & Susan M. Bay, 1805 Jackson St.,
124.67, 5, 129.67 255.18, 5, 260.18
Chris C. Clark, 2411 Rhomberg Ave., 9.41, 5, Gary E. & Susan M. Bay, 1815 Jackson St.,
14.41 274.32, 5, 279.32
Christopher J. Mayne, 1001 Garfield Ave., Gary L. Fransen, 2285 Francis St., Apt. 2,
170.78, 5, 175.78 156.83, 5, 161.83
CK Concrete Construction LLC, 7869 Commerce Gary L. Fransen, 2285 Francis St., Apt. 1,
Park, 222.57, 5, 227.57 1356.94, 5, 1361.94
Cory L. Data, 719 Rose St., 442.57, 5, 447.57 Greg B. Cray, 745 Davis St., 240.72, 5, 245.72
Craig T. & Leslie E. Birch, 523 W Locust St., H & R Properties, 1586 Washington St., 161.85,
5.43, 5, 10.43 5, 166.85
Cunningham Properties, 326 W Locust St., Irma Reyes, 556 Clarke Dr., 39.42, 5, 44.42
975.71, 5, 980.71 Irma Reyes, 558 Clarke Dr., 132.9, 5, 137.9
Curtis J. Prado, 2230 Francis St Apt. 2, 105.21, J Foht, 723 Peru Rd, 147.38, 5, 152.38
5, 110.21 James & Suzanne Callahan, 2521 Windsor Ave.,
Dale A. Hayes, 2501 Central Ave., 71.73, 5, 107.46, 5, 112.46
76.73 James J. Healey, 2435 Coates St., 33.46, 5,
Dale B. Walker, 830 Valentine Dr., 966.94, 5, 38.46
971.94
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Janet M. Miller, 2175 Roosevelt St., 178.88, 5, Maurice A. Kirchberg, 396 W Locust St., 245.81,
183.88 5, 250.81
Jay C. Close, 689 W Locust St., 116.44, 5, Michael & Patricia Betts, 4955 Old Highway Rd,,
121.44 33.29, 5, 38.29
Jeffrey T. Smith, 1265 Thomas Pl., 340.65, 5, Michael Kane, 2222 Washington St., 93.39, 5,
345.65 98.39
Jeremy D. Shireman, 2225 St. Celia St., 243.82, Michelle Scott, 607 W 8th St., 45.48, 5, 50.48
5, 248.82 Nancy Moore, 1195 Central Ave., 2283.57, 5,
Jesse Rans, 2008 Foye St., 83.1, 5, 88.1 2288.57
Jim Prine, 1040 Davis Ave., 98.12, 5, 103.12 Nathan B. Boyes, 1402 Lincoln Ave, Apt. 2,
Jody & Jason P. Mccarty, 2170 Deborah Dr., 340.67, 5, 345.67
317.45, 5, 322.45 Pat F Naderman, 2124 Jackson St., 57.54, 5,
Joe Schumacher & Casie Hayes, 2131 Jackson 62.54
St # 1, 211.54, 5, 216.54 Patrick R. Marsh, 158 Bluff St., 88.52, 5, 93.52
Joel F. Cabral, 24 Milwaukee St., 172.99, 5, Paul B. Breitbach, 523 Southern Ave., 399.74, 5,
177.99 404.74
John C. / Ann C. Schober, 2395 Knob Hill Dr., Perry D. Sopina, 116 W 13th St 1st Fl, 23.78, 5,
92.93, 5, 97.93 28.78
John H. White, 955 Jackson St., 21.63, 5, 26.63 Perry Sopina, 116 W 13th St #2 2nd Fl, 104.05,
John R. Barbee, 3085 Oak View Ct, 244.97, 5, 5, 109.05
249.97 Quattro C. Properties LLC, 2676 Raven Oaks
Joseph Healey, 1012 Wilson St., 106.57, 5, Dr., 155.83, 5, 160.83
111.57 Richard J. & Christina Asbell, 1830 Lincoln Ave.,
Josie M. Hagensten, 9 E 26th St., 68.51, 5, 73.51 5.51, 5, 10.51
Julie Leclere, 2489 Hempstead St., 147.3, 5, Ricky J. HurSt., 3975 Inwood Ave., 147.35, 5,
152.3 152.35
Justin P. Delaney, 1519 Lincoln Ave., 33.44, 5, Rob J. / Vickie L. Mcmullen, 3998 Inwood Ave.,
38.44 16.22, 5, 21.22
Katie Behr, 1553 Alta Vista St., 183.72, 5, 188.72 Robert J. Sarazin, 2626 Broadway St., 134.65, 5,
Kellie L. Thein, 1713 Vizaleea Dr., 80.83, 5, 139.65
85.83 Robert P. & Debra R. Miller, 1535 Bluff St., Apt.
Kenneth A Ginter, 2662 Ogle St., 164.06, 5, 1, 20.44, 5, 25.44
169.06 Ron Rudiger, 590 Angella St., 154.54, 5, 159.54
Kenneth E Keller, 2054 Jackson St # 2, 99.7, 5, Ronald C. Steuer, 3478 Kimberly Dr., 217.22, 5,
104.7 222.22
Kenneth E Keller, 2054 Jackson St. # 1, 194.06, Ryan A. Neuhaus, 355 Kaufmann Ave., 32.49, 5,
5, 199.06 37.49
Kingdom Investment LLC, 500 Hill St., 87.46, 5, Sandralee M. Scott, 599 W 8th St., 182.4, 5,
92.46 187.4
Kingdom Investment LLC, 308 Hill St., Apt. 2, Sandy L. Hefel, 1289 W 5th St., 173.67, 5,
291.91, 5, 296.91 178.67
Kingdom Investment LLC, 993 W 3rd St., 710.76, Scotlyn Properties, 37 W 15th St. #3, 7.6, 5, 12.6
5, 715.76 Scotlyn Properties, 37 W 15th St. Apt. 1, 19.65,
Kingdom Investment LLC, 308 Hill St., Apt. 1, 5, 24.65
855.3, 5, 860.3 Scotlyn Properties, 35 W 15th St. 1st., 76.52, 5,
Kress Industrial Facility LLC, Seippel Rd 81.52
Commercial Park, 295.35, 5, 300.35 Scott A. Runde, 35 W 15th St., Apt. 2, 28.57, 5,
Larry Oglesby, 712 Hill St., Apt. 1, 89.48, 5, 33.57
94.48 Scott A. Runde, 35 W 15th St,. Apt. 1, 28.6, 5,
Lester Wallis, 56 Bluff St., 142.41, 5, 147.41 33.6
Lonnie L Allen, 2565 Front St., 122.08, 5, 127.08 Scott A. Runde, 37 W 15th St #2, 32.49, 5, 37.49
Marar LLC, Cedar Cross Rd, 1761.6, 5, 1766.6 Scott W. Shaffer, 2911 Jackson St., 95.33, 5,
Mark Krolich, 743 Louise St., 110.4, 5, 115.4 100.33
Mark T. Dolson, 54 Alpine St., 31.99, 5, 36.99 Secretary of Housing & Urban, 2222 Francis St.,
Marsha K. Rauch, 705 W 3rd St., 84.24, 5, 89.24 26.76, 5, 31.76
Martin K. Winders, 2370 Green St., 402.19, 5, Secretary of Housing & Urban, 2224 Francis St.,
407.19 Apt. 1, 26.76, 5, 31.76
Maurice A. Kirchberg, 1228 Jackson St., 72.1, 5, Secretary of Housing & Urban, 2224 Francis St.,
77.1 Apt. 2, 26.76, 5, 31.76
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Secretary of Housing & Urban, 904 Rhomberg Thomas J. Wernimont, 1328 Jackson St., 171.86,
Ave., 64.21, 5, 69.21 5, 176.86
Shari Vrotsos, 1308 Rhomberg Ave., 51.69, 5, Timothy K. Manning, 1552 Locust St., 118.53, 5,
56.69 123.53
Sherrie L. Jones, 2790 Andrew Ct, 276.76, 5, Toby Kress, 3020 N Cascade Rd., 32.55, 5,
281.76 37.55
So Fourth Pacific Rim Finance, 2225 Kerper Tom J. Ede, 3951 Inwood Ave., 147.38, 5,
Blvd., 561.2, 5, 566.2 152.38
Terrance J. Maiers, 1690 White St. Apt. 1, 30, 5, Tony J. Schueller, 1775 Bristol Dr., 79.54, 5,
35 84.54
Theresa M. Sawvell, 5300 Olde Highway Rd., Walter W. Mclaughlin, 689 W 8th St., 106.78, 5,
123.18, 5, 128.18 111.78
Thomas Cunningham, 1576 Locust St., 171.36, Wayne & Allie Ross, 556 W 17th St., 173.24, 5,
5, 176.36 178.24
Thomas Engelken, 1665 Iowa St., 54.46, 5, 59.46 Wendy T. & David A. Miller, 82 Collins St.,
Thomas J. & Martha J. Blake, 809 W 8th St., 221.53, 5, 226.53
55.97, 5, 60.97 William Fay, 1285 Rockdale Rd., 99.09, 5,
Thomas J. & Martha J. Blake, 2214 Jackson St. # 104.09
2, 122.4, 5, 127.4 William L. Delaney, 554 W Locust St., 33.73, 5,
Thomas J. & Martha J. Blake, 2214 Jackson St. # 38.73
1, 127.04, 5, 132.04 Wm. L. Cook, 2227 Washington St., 51.96, 5,
Thomas J. & Martha J. Blake, 357 Kaufmann Ave 56.96
Apt. 2, 155.38, 5, 160.38
Thomas J. & Martha J. Blake, 2301 White St.,
Apt. 2, 530.89, 5, 535.89
Federal Emergency Management Agency (FEMA): City Manger transmitting a
communication from Luis Rodriguez of the Engineering Management Branch of the Federal
Emergency Management Agency notifying the City of the final flood elevation determination for
the City of Dubuque. Upon motion the documents were received, filed and referred to the City
Manager.
Dubuque Metropolitan Area Solid Waste Agency (DMASWA) – Annexation: City Manager
transmitting a communication from Marie Steenlage, City Development Board Administrator,
notifying the City that the documents granting rights of annexation into the City of Dubuque to
the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) have been recorded. Upon
motion the documents were received and filed.
Dubuque Metropolitan Area Solid Waste Agency (DMASWA) – Recycling: Communication
from Chuck Goddard, Dubuque Metropolitan Area Solid Waste Agency Administrator, advising
the City that electronics will no longer be buried at the Dubuque Metro Landfill and
recommending recycling options. Upon motion the documents were received and filed.
2011 Sidewalk Assessment Project: City Manager recommending approval of the final
assessments for the Sidewalk Assessment Project at 80-82 Clarke Drive. Upon motion the
documents were received and filed and Resolution No. 162-11 Adopting the Final Assessment
Schedule for the Sidewalk Assessment Project was adopted.
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RESOLUTION NO. 162-11
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SIDEWALK ASSESSMENT
PROJECT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule of Assessments as shown on the attached
sheet(s), Page 1 to Page 1 inclusive, is hereby approved for the Sidewalk Assessment Project.
There is hereby assessed and levied as a special tax against and upon each of the
benefited properties, the respective sums indicated. The amounts shown in said Final
Schedule of Assessments as deficiencies are found to be proper and levied conditionally
against the respective properties benefited by the improvements as shown in the Final
Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments
against said lots are hereby declared to be in proportion to the special benefits conferred and
not in excess of twenty-five percent of the value of same.
The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the
County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once
each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first
publication of which shall be not more than fifteen days from the date of filing of the Final
Schedule of Assessments. On or before the date of the second publication of the notice, the
City Clerk shall also mail a copy of said notice to property owners whose property is subject to
assessment, as provided in Iowa Code § 384.60.
The assessments may be paid in full or in part without interest at the office of the City
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Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the
date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments
of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office,
Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual
interest at nine percent (9%) computed to December 1 next following the due dates of the
respective installments as provided in Section 384.65 of the Code of Iowa. Each installment
will be delinquent from October 1 following its due date on July 1 of each year. However, when
the last day of September is a Saturday or Sunday, that amount shall be delinquent from the
second business day of October. Delinquent installments will draw the same delinquent
interest as ordinary taxes. Property owners may elect to pay any annual installments semi-
annually in advance.
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Passed, approved and adopted this 16 day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
CITY OF DUBUQUE IOWA
2011 SIDEWALK ASSESSMENT PROJECT
FINAL ASSESSMENTS
DATE: APRIL 25, 2011
The following schedule is hereby determined to show each lot proposed to be assessed for
the improvement shown in the title together with the amount proposed to be assessed against
each lot and the valuation shown opposite each lot are herby fixes as the true valuations of
such lots by the City Council of the City of Dubuque:
Property Owner, Lot Description, Parcel #, Valuation, Valuation w/Impr, Assessment,
Total Net Assessment
Husemann, Larry H. & Brenda A., Lot 1 & 2-2 Duncan Sub., 10 24 260 003, $85,800,
$86,439.30, $639.20, $639.20
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Assistant City Attorney: City Attorney recommending the appointment of Maureen A. Quann
as Assistant City Attorney. Upon motion the documents were received and filed and Resolution
No. 163-11 Approving the appointment of Maureen A. Quann as Assistant City Attorney for the
City of Dubuque was adopted.
RESOLUTION NO. 162-11
APPROVING THE APPOINTMENT OF MAUREEN A. QUANN AS ASSISTANT CITY
ATTORNEY FOR THE CITY OF DUBUQUE
Whereas, Assistant City Attorney James (Tim) A. O’Brien has announced his retirement
effective August 1, 2011 after honorably serving as legal counsel for the City of Dubuque for
twenty-eight years; and
Whereas, City Attorney Barry A. Lindahl has recommended that his appointment of
Maureen A. Quann as Assistant City Attorney be approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The appointment of Maureen A. Quann as Assistant City Attorney for the City of Dubuque
effective July 1, 2011 is hereby approved.
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Passed, approved and adopted this 16 day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Franklin Investments, Inc.: City Manager recommending approval of a Housing Enterprise
Zone Program Agreement by and among the Iowa Department of Economic Development, the
City of Dubuque and Franklin Investments, LLC related to the redevelopment of a historic
building located at 39 Bluff Street. Upon motion the documents were received and filed and
Resolution No. 164-11 Approving a Housing Enterprise Zone Program Agreement by and
among the Iowa Department of Economic Development, the City of Dubuque and Franklin
Investments, LLC was adopted.
RESOLUTION NO. 164-11
APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND
AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CITY OF
DUBUQUE AND FRANKLIN INVESTMENTS, LLC
Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise
Zone Commission; and
Whereas, the Enterprise Zone Commission on March 17, 2011 approved the application of
Franklin Investments, LLC for Housing Enterprise Zone benefits; and
Whereas, Franklin Investments, LLC’s application was approved by the Iowa Department of
Economic Development on April 8, 2011; and
Whereas, the Iowa Department of Economic Development has prepared and submitted for
City Council approval an agreement relating to Housing Enterprise Zone benefits for Franklin
Investments, LLC., a copy of which is attached hereto and by this reference made a part
hereof; and
Whereas, the City Council finds that the proposed agreement is acceptable and necessary
to the growth and development of the city.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of Economic Development Housing Enterprise Zone
Program Agreement, Number 11-HEZ-041, is hereby approved.
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Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on
behalf of the City of Dubuque and forward the executed copy to the Iowa Department of
Economic Development for their approval.
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Passed, approved and adopted this 16 day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Arts Our Town Grant: City Manager recommending submittal of a grant to the National
Endowment for the Arts (NEA) for the Arts Our Town Grant to further arts initiatives in the
Historic Millwork District. Upon motion the documents were received, filed, and approved.
Dubuque Main Street Farmer's Market Banner Design: City Manager recommending
approval of the banner design for the Dubuque Main Street Farmer’s Market banner to be
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hung on light poles on 12, 13 and Iowa Streets. Upon motion the documents were received,
filed, and approved.
Dubuque Community School District: Communication from Shirley Horstman and Ruth Ellis
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of the Dubuque Community School District thanking the City for its support of the 21 Century
Community Learning Center grant, which they received this past April. Upon motion the
document was received and filed.
U.S. Department of Housing and Urban Development (HUD): City Manager transmitting a
communication from Jordan Garrison, Governmental Technical Representative from HUD,
advising the City of their approval of the Lead Hazard Control Grant Program final report. Upon
motion the documents were received and filed.
Mediacom: Communication from Lee Grassley, Sr. Manager of Government Relations for
Mediacom Communications Company, notifying the City of programming changes. Upon
motion the document was received and filed.
Civil Service Commission: Civil Service Commission submitting the certified lists for the
positions of medical officer and scale operator. Upon motion the documents were received,
filed and made a Matter of Record.
March 16, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of
Medical Officer was conducted on February 23, 2011. We hereby certify that the following
individuals have passed this written examination and the vacancy for this position should be
made from this list and that this list is good for two (2) years from above date.
MEDICAL OFFICER
Kyle Burke
Adam Feyen
Mark Weitz
Jason Lueken
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Respectfully submitted,
Daniel White, Chairperson
Jim Schilling
Betty Takes
Civil Service Commission
March 16, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of
Scale Operator was administered on February 22, 2011. We hereby certify that the individuals
listed below have passed this written examination and the vacancy for this position should be
made from this list and that this list is good for two (2) years from above date.
SCALE OPERATOR
David Beals Cindy Schroeder Gregory Williams
Robert Kinder Robert Lynn Daniel Jensen
Rochelle Reiter Albert Stuart, Jr. Patrick Caudill
Alexander Kass Denise Mohr Keith Woodyard
Tom Bechen Jere Gardner Alan Kutsch
Bri’Anna Folks Ryan McGovern Nikki Mensen
Thomas Sheldon Darren DeMoss Shawn Furlong
Ryan Plumley Scott Prochaska Tara Blanchard
Kenneth Miller Carrie Schreyer Kerry Bradley
Nicholas Connolly Michael Kobusch James Kopp
Cory McClain Karla Pfab Michelle Pregler
Teresa Behnke Allan Callahan Jason Cornwell
Matthew Gasper, Jr. Pamela Krug Douglas Kuehn
Carolyn Lake Christopher Lester Sheila Rooney
Lisa Wehrspann Julie Weiler
Respectfully submitted,
Daniel White, Chairperson
Jim Schilling
Betty Takes
Civil Service Commission
Mines of Spain Agricultural Exhibit – HRDP Grant Application: City Manager recommending
approval to submit a grant application of the Friends of the Mines of Spain for a Historic
Resource Development Program (HRDP) grant to fund a new History of Agriculture at the
Mines of Spain Exhibit. Upon motion the documents were received, filed, and approved.
Mines of Spain Agricultural Exhibit – SSNHA Grant Application: City Manager
recommending approval to submit a grant application of the Friends of the Mines of Spain for a
Silos and Smokestacks National Heritage Areas (SSNHA) grant to fund a new History of
Agriculture at the Mines of Spain Exhibit. Upon motion the documents were received, filed, and
approved.
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Holy Ghost Catholic Historic District: City Manager transmitting the Holy Ghost Catholic
Historic District, 2887-2921 Central Avenue, for nomination to the National Register of Historic
Places. Upon motion the documents were received, filed, and approved.
Four Mounds Estate – HRDP Grant Application: City Manager transmitting a grant
application of the Four Mounds Foundation to the State Historic Preservation for Historic
Resource Development Program (HRDP) grant funds for the exterior rehabilitation of the White
House and the access around it at the Four Mounds Estate Historic District. Upon motion the
documents were received, filed, and approved.
Mathias Ham House – HRDP Grant Application: City Manager transmitting a grant
application of the Dubuque County Historical Society to the State Historic Preservation Office
for the Historic Resource Development Program (HRDP) grant funds for interior restoration of
the Mathias Ham House. Upon motion the documents were received, filed, and approved.
Iowa Department of Transportation – Consolidated Funding: City Manager recommending
approval of the Consolidated Funding application and Authorizing Resolution that was
submitted to the Iowa Department of Transportation for Fiscal Year 2012 funding for The Jule.
Upon motion the documents were received, filed, and approved.
Signed Contracts: A) Municipal Services Center Cold Storage Mezzanine Project; B)
Building Roof Replacement for Flora and Sutton Pools; C) Iowa Street Parking Ramp Re-
Lamping Project; D) 2011 City of Dubuque Sidewalk, General Concrete and Miscellaneous
Right-of-Way Work. Upon motion the documents were received and filed.
Liquor License - Transfer of Service: Application of the Rotary Club of Dubuque to transfer
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their liquor license from 135 W. 8 Street to A.Y. McDonald Park on June 9, 2011 for the ARC
Games. Upon motion the documents were received, filed and approved.
Liquor License – Applications: City Manager recommending approval of annual liquor
license renewals as submitted. Upon motion the documents were received and filed and
Resolution No. 165-11 Granting the issuance of a Class “B” Beer Permit (5-Day) License to the
Dubuque Jaycees; a Class “C” Beer Permit to Casey’s General Store #2420, Casey’s General
Store #2421, and Walgreens #6154; and Resolution No. 166-11 Granting the issuance of a
Class “B” (Hotel/Motel) Liquor License to Days Inn & Spirits Bar & Grill; a Class “C”
Beer/Liquor License to Kalmes Breaktime Bar & Grill, Easy Street, Shenanigan’s, and
Northside Bar; a Special Class “C” Liquor License to Olde Main Cookery, and Naughty Dog
Deli and Coffee Bar; a Class “B” Wine License to Walgreens #6154, and Olde Main Cookery;
and a Class ”WBN” Native Wine License to Casey’s General Store #2420, Casey’s General
Store #2421, and Naughty Dog Deli and Coffee Bar were adopted.
RESOLUTION NO. 165-11
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been examined and approve; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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That the City Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
CLASS “B” BEER PERMIT (5-DAY LICENSE)
Dubuque Jaycees, Inc. Dubuque Jaycees 501 Bell Street
+(Sunday/Outdoor Sale)
CLASS “C” BEER PERMIT
Casey’s Marketing Co. Casey’s General Store#2420 2699 Rockdale Road
+(Sunday Sale)
Casey’s Marketing Co. Casey’s General Store#2421 4003 Peru Road
+(Sunday Sale)
Walgreens Co. Walgreen’s # 6154 +(Sunday Sale) 2260 JFK Road
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Passed, approved and adopted this 16 day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 166-11
Whereas, applications for Liquor Licenses have been submitted to this Council for approval
and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the State Laws and all City Ordinances relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS “B” (HOTEL/MOTEL) LIQUOR LICENSE
RonSan Enterprises, Inc. Days Inn & Spirits Bar & 1111 Dodge Street
Grill+(Sunday/Outdoor Sale)
CLASS “C” BEER/LIQUOR LICENSE
Kalmes Brothers, LLC Kalmes Breaktime Bar & Grill 1097 Jackson St.
+(Sunday Sale)
Easy Street, LLC Easy Street +(Sunday Sale) 30 Main St.
Shenanigans Pub LLC Shenanigans Pub +(Sunday Sale) 3203 Jackson St.
Northside Bar, Inc. Northside Bar (1-Day Outdoor Sale) 2776 Jackson St.
SPECIAL CLASS “C” LIQUOR
SJC, LLC Olde Main Cookery 289 Main St.
+(Sunday/Outdoor Sale)
Naughty Dog Coffee Bar/Deli Naughty Dog Coffee Bar/Deli 1108 Locust St.
+(Sunday/Outdoor Sale)
CLASS “B” WINE
Walgreen Co. Walgreen #6154 2260 JFK Rd.
SJC, LLC Olde Main Cookery 289 Main St.
CLASS “WBN” NATIVE WINE
Casey’s Marketing Casey’s General Store # 2420 2699 Rockdale Rd.
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Casey’s Marketing Casey’s General Store # 2421 4003 Peru Rd.
Naughty Dog Coffee Bar/Deli Naughty Dog Coffee Bar/Deli 1108 Locust St.
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Passed, approved and adopted this 16 day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
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 Jones. Motion carried 7-0.
Kaufmann Avenue Resurfacing HMA Resurfacing Project: City Manager recommending
initiation of the public bidding process for the Kaufmann Avenue Hot Mix Asphalt (HMA)
Resurfacing Project and that a public hearing be set for June 6, 2011. Upon motion the
documents were received and filed and Resolution No. 167-11 Preliminary approval of plans,
specifications, form of contract, and estimated cost; setting date of public hearing on plans,
specifications, form of contract, and estimated cost; and ordering the advertisement for bids
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.
RESOLUTION NO. 167-11
KAUFMANN AVENUE HMA RESURFACING PROJECT (JOHN F. KENNEDY ROAD TO
CARTER ROAD), IOWA DOT PROJECT NO. STP-U-2100 (662)--70-31
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Kaufmann
Avenue HMA Resurfacing Project (John F. Kennedy Road to Carter Road), Iowa DOT Project
No. STP-U-2100(662)--70-31, in the estimated amount $660,323.90, are hereby preliminarily
approved and ordered filed in the office of the City Clerk for public inspection.
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A public hearing will be held on the 6 day of June, 2011, at 6:30 p.m. in the Historic
Federal Building Council Chambers at which time interested persons may appear and be
heard for or against the proposed plans and specifications, form of contract and estimated cost
of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or estimated
cost of the Project.
The Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy Road to Carter), Iowa
DOT Project No. STP-U-2100(662)--70-31 is hereby ordered to be advertised for bids for
construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
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The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
published not less than four but not more than forty-five days before the date for filing bids
before 10:00 a.m. Central Time, with opening and reading of bids by the Iowa Department of
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Transportation on the 21 day of June, 2011. Bids shall be opened and read by the Iowa
Department of Transportation after 10:30 a.m. Central Time on the same date and will be
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submitted to the City Council for final action on the 5 day of July, 2011, in the Historic Federal
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Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa.
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Passed, adopted and approved this 16 day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
ABC Supply Lease Agreement: City Manager recommending setting a public hearing on the
proposed lease of a building located at 10 S. Main Street to American Builders and
Contractor’s Supply Co., Inc (ABC). Upon motion the documents were received and filed and
Resolution No. 168-11 Intent to dispose of an interest in real property owned by the City of
Dubuque by lease between the City of Dubuque, Iowa, and American Builders and
Contractor’s Supply Co., Inc., 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.
RESOLUTION NO. 168-11
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF
DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND AMERICAN
BUILDERS AND CONTRACTOR’S SUPPLY CO., INC.
Whereas, the City of Dubuque, Iowa (City) owns the real property located at 10 S. Main Street
in the City of Dubuque, Iowa, legally described as follows:
Parcel “B”, located in Block 14 of Dubuque Harbor Company Addition, in the City of
Dubuque, as shown and described in Warranty Deed recorded April 29, 2005 in
Document No. 2005-00006524 in the records of Dubuque County, Iowa, (the Real
Estate); and
Whereas, City and American Builders and Contractor’s Supply Co., Inc. have negotiated a
Lease Agreement for a building located on the Real Estate, a copy of which Lease Agreement is
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on file at the office of the City Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa; and
Whereas, the City Council believes it is in the best interests of the City of Dubuque to approve
the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the Real Estate by Lease
Agreement between City and American Builders and Contactor’s Supply Co., Inc.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's
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intent to dispose of the foregoing-described real property, to be held on the 6 day of June, 2011,
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at 6:30 o'clock p.m. at the Historic Federal Building, Council Chambers, 350 W. 6 Street,
Dubuque, Iowa.
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Passed, approved and adopted this 16 day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
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BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Electrical Code Board: Five 3-year terms through May 21, 2014 (Expiring terms of Dixon,
Hammel, Mueller, Pfohl and Reiss). Applicants: James Dixon, 2505 Marquette Place; Dan
Hammel, 3163 Hillcrest Road, #4; Ronald Mueller, 3780 Sunlight Ridge; Kevin Pfohl, 1878
Hummingbird Drive (Additional Applicant); and Elaine Reiss, 2222 Roosevelt Street (Additional
Applicant). Motion by Connors to appoint James Dixon, Dan Hammel, Ronald Mueller, Kevin
Pfohl, and Elaine Reiss to the Electrical Code Board for 3-year terms through May 21, 2014.
Seconded by Lynch. Motion carried 7-0.
Safe Community Advisory Committee: One 1-year term through December 31, 2011
(Vacant term of Sutton). Applicants: Amanda Elkins, 2257 Chaney Road, #2; and Douglas
Ropa, 1190 University Avenue. Following a roll-call vote of 5-2, Amanda Elkins was appointed
to the Safe Community Advisory Committee for a 1-year term through December 31, 2011.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Hillcrest Family Services – Request to Amend ID Institutional District: Proof of Publication
on the notice of public hearing to consider a request by Hillcrest Family Services to amend the
ID Institutional District for property located at 2005 Asbury Road and the Zoning Advisory
Commission recommending approval. Motion by Connors to receive and file the documents
and that the requirement that a proposed ordinance be considered and voted on for passage
at two Council meetings prior to the meeting at which it is to be passed be suspended.
Seconded by Resnick. Michael Luedtke, Vice President of Finance for Hillcrest Family
Services, spoke in support of the request adding that a setback had been made in the original
site plan to alleviate traffic concerns in the area. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 32-11 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, rescinding
Ordinances 41-92, 55-00, 18-03 and 08-09 and approving an amended Campus Development
Plan for Hillcrest Family Services ID Institutional District for a new chapel, gymnasium and
classroom building. Seconded by Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 32-11
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, RESCINDING ORDINANCES 41-92, 55-00, 18-03 AND 08-09, AND
APPROVING AN AMENDED CAMPUS DEVELOPMENT PLAN FOR HILLCREST FAMILY
SERVICES INSTITUTIONAL DISTRICT FOR A NEW CHAPEL, GYMNASIUM AND
CLASSROOM BUILDING
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances Unified Development
Code and rescind Ordinances No. 41-92, 55-00, 18-03 and 08-09 and adopting a revised
campus development plan for a new Chapel, Gymnasium,, and Classroom Buildings for the
Hillcrest Family Services Institutional District for the following property, to wit:
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All of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Link’s Subdivision, except the southeasterly 38
feet thereof, Lot 2 of the Subdivision of Lot 1 of Lot 2 of Mineral Lot 261; Lot 1 of the
Subdivision of Lot 1 of Lot 2 of Mineral Lot 261, Mettel Link Place; Lot 2 of Lot 2 of Lot 1
of Lot 2 of Lot 1 of Lot 1 of Link’s subdivision; Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of
Lot 2 of Lot 1 of Lot 1 of Link’s Subdivision; and Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1
of Lot 2 of Lot 1 of Lot 1 of Link’s Subdivision; Lot 1 and Lot 2 of Peterson’s Subdivision;
all of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Link’s Subdivision except for the southeasterly 38
feet thereof, Lot 4 of 1 and Lot 5 of 1 of Link’s Subdivision, and to the centerline of the
adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. That in order to accomplish the purposes of the ID Institutional district and of the
Zoning Ordinance, the above-described property is subject to the following conditions and
restrictions:
A. Use Regulations
The following regulations shall apply to all uses made of land in the above-described
ID Institutional District:
1. Principal permitted uses shall be limited to the following:
a. Residential care facilities.
b. Classrooms.
c. Offices for administrative personnel or other institutional employees or
affiliates.
d. Place of religious exercise or assembly for the primary use and benefit of
institutional residents or affiliates.
e. Off-street parking and loading.
f. Recreational or athletic facilities for the primary use and benefit of
institutional residents or affiliates.
g. Existing private uses of structures situated within an ID District for which
the R-3 District standards shall apply.
2. Conditional use shall be regulated by Section 5-22.2 of the Unified Development
Code.
3. Accessory uses shall be regulated by Section 5-22.3 of the Unified Development
Code.
B. Lot and Bulk Regulations
Development of land in the ID Institutional District shall be regulated as follows:
1. That the proposed chapel, gymnasium and classroom buildings shall be located
in substantial conformance with the attached amended conceptual development
plan.
2. A minimum front yard setback of 25 feet is required for all structures.
3. That all previously-approved campus development plans are hereby superseded
to allow for the attached development plan.
C. Site Development Standards
The site development standards for this ID Institutional District shall be established
as follows:
1. Site plans shall be submitted in compliance with Section 12 Site plans of the
Unified Development Code.
2. New outdoor lighting shall comply with Section 13-3.1 Site Lighting of the Unified
Development Code.
3. That storm water from new facilities shall comply with Section 13-3.3 Storm
Water Management of the Unified Development Code.
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4. Landscaping and screening requirements shall be established in accordance with
the requirements of Section 13-4.4 of the Unified Development Code.
5. Trash enclosures shall comply with Section 13-4.9 Exterior Trash Collection
Areas of the Unified Development Code.
D. Sign Regulations
The sign regulations shall be the same as that which are allowed for ID Districts in
Section 15-11.13 of the Unified Development Code of the City of Dubuque, Iowa.
E. Parking Standards
The off-street parking requirement for the principal permitted uses for the herein
described ID Institutional District shall be regulated as follows:
1. That 20 off-street parking spaces shall be added adjacent to the proposed
gymnasium/classroom buildings.
2. That new off-street parking spaces shall be designed and constructed in
compliance with Section 13-3.5 Parking Lot Layout of the Unified Development
Code.
3. Any significant expansion or reduction in the number of off-street parking spaces
must be reviewed by Planning Services staff for compliance with the adopted
Hillcrest Family Services Institutional District.
F. Transfer of Ownership
Transfer of ownership or lease of property in this ID Institutional District shall include
the transfer or lease agreement, the provision that the purchaser or leasee
acknowledges awareness of the conditionals authorizing the establishment of this
district.
G. Modifications
Any modifications of this Ordinance must be approved by the City council in
accordance with zoning reclassification proceedings of Section 9-5 of the Unified
Development Code.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 4. This Ordinance shall take effect immediately upon publication, as provided by
law.
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Passed, approved and adopted this 16 day of May, 2011.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, Acting City Clerk
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Published officially in the Telegraph Herald Newspaper the 20 day of May, 2011
/s/Kevin S. Firnstahl, Acting City Clerk
Walter Development, LLC and TM Logistics, Inc.: Proof of publication on notice of public
hearing to consider the sale of 2.616 acres in the Dubuque Industrial Center West to Walter
Development, LLC and TM, Logistics, to build a 10,000 sq. ft. office for expansion plans of
their current business. Motion by Lynch to receive and file the documents and adopt
Resolution No. 169-11 Approving a Development Agreement providing for the sale of 2.616
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acres in the Dubuque Industrial Center West 4 Addition to Walter Development, LLC and TM,
Inc. Seconded by Jones. Motion carried 7-0.
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RESOLUTION NO. 169-11
APPROVING A DEVELOPMENT AGREEMENT PROVIDING FOR THE SALE OF 2.616
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ACRES IN THE DUBUQUE INDUSTRIAL CENTER WEST 4 ADDITION TO WALTER
DEVELOPMENT, LLC AND TM, INC.
Whereas, the City Council, by Resolution No. 154-11, dated May 2, 2011 declared its intent
to enter into a Development Agreement with Walter Development, LLC and TM, Inc. for the
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sale of 2.616 acres in the Dubuque Industrial Center West 4 Addition (the Property); and
Whereas, pursuant to published notice, a public hearing was held on the proposed
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disposition on May 16, 2011 at 6:30 p.m. in the Historic Federal Building, 350 W. 6 Street,
Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the Development
Agreement for the sale to and development of the Property by Walter Development, LLC and
TM, Inc. according to the terms and conditions set out in the Development Agreement is in the
public interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development Agreement by and between the City of Dubuque,
Walter Development, LLC and TM, Inc. for the sale of the Property is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Development
Agreement on behalf of the City and City Clerk is authorized and directed to attest to his
signature.
Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and
deliver a Special Warranty Deed for the Property as provided in the Development Agreement.
Section 4. That the City Manager is authorized to take such actions as are necessary to
comply with the terms of the Development Agreement as herein approved.
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Passed, approved and adopted this 16 day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
US Hwy 61 / 151 Capacity Improvements: Proof of publication on notice of public hearing to
consider approval of plans, specifications, form of contract, and the estimated cost for the US
61/151 Capacity Improvements Project. Motion by Lynch to receive and file the documents and
adopt Resolution No. 170-11 Approval of plans, specifications, form of contract, and estimated
cost for the US 16/151 Capacity Improvements Project, Iowa DOT Project No. STP-A-061-
9(128) – 22-31. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 170-11
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE US 61/151 CAPACITY IMPROVEMENTS PROJECT, IOWA DOT PROJECT
NO. STP-A-061-8(128) – 22-31
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the US
61/151 Capacity Improvements Project, Iowa DOT Project No. STP-A-061-8(128) – 22-31, in
the estimated amount $1,408,200.00, are hereby approved.
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Passed, adopted and approved this 16 day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
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Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Dubuque Initiatives: City Manager recommending approval of an amendment to the
Development Agreement between the City of Dubuque and Dubuque Initiatives for the
redevelopment of the Roshek Building. Motion by Jones to receive and file the documents and
adopt Resolution No. 171-11 Approving the second amendment to the Roshek Building
Development Agreement. Seconded by Braig. Responding to questions from City Council,
Economic Development Director Dave Heiar provided information regarding the increase in tax
credits and additional project allowance. Motion carried 7-0.
RESOLUTION NO. 171-11
APPROVING THE SECOND AMENDMENT TO THE ROSHEK BUILDING DEVELOPMENT
AGREEMENT
Whereas, a Development Agreement (the Agreement), dated February 17, 2009, was
entered into by and between the City of Dubuque, a municipal corporation of the State of Iowa
(City), and Dubuque Initiatives (Developer); and
Whereas, this Development Agreement was amended (First Amendment) on April 27, 2009;
and
Whereas, City and Dubuque Initiatives now desire to amend the Development Agreement
as set forth attached Second Amendment; and
Whereas, Dubuque Initiatives desires to fund a reserve account for priority return and put
payments with tax credit funding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Second Amendment of the Dubuque Initiatives Development Agreement
is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute said Second
Amendment on behalf of the City of Dubuque and the City Clerk is authorized and directed to
attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to
implement the terms of the Second Amendment as herein approved.
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Passed, approved and adopted this 16 day of May 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Safe Community Task Force Recommendation - Urban Youth Corps: City Manager
recommending approval of a grant agreement with the Iowa Department of Transportation
Urban Youth Corps program. Motion by Connors to receive and file the documents and
approve the recommendation. Seconded by Jones. Responding to questions from City
Council, Leisure Services Manager Marie Ware stated that it is expected applicants will be
recruited from the Dubuque area from promotion through City programs and local agencies.
Motion carried 7-0.
2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project Award: City Manager recommending
the award of the contract for the 2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project to
Visu-Swer, Inc., in the amount of $94,219.00. Motion by Lynch to receive and file the
documents and adopt Resolution No. 172-11 Awarding public improvement contract for the
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2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project. Seconded by Resnick. Motion carried
7-0.
RESOLUTION NO. 172-11
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2011 SEWER CURED-IN-
PLACE PIPE (CIPP) LINING PROJECT
Whereas, sealed proposals have been submitted by contractors for the 2011 Sewer Cured-
in-Place Pipe (CIPP) Lining Project (the Project) pursuant to Resolution No. 136-11 and Notice
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to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 18 day of
April, 2011.
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Whereas, said sealed proposals were opened and read on the 5 day of May, 2011 and it
has been determined that Visu-Sewer, Inc., of Pewaukee, Wisconsin, with a bid in the amount
of $94,219.00, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Visu-Sewer, Inc.
and the City Manager is hereby directed to execute a Public Improvement Contract on behalf
of the City of Dubuque for the Project.
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Passed, approved and adopted this 16 day of May, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
AmeriCorps Vista Summer Associate: City Manager recommending approval of an
AmeriCorps Vista Memorandum of Agreement for an AmeriCorps Vista summer associate
position with the Iowa Commission on Volunteer Service. Motion by Jones to receive and file
the documents and approve the recommendation. Seconded by Braig. Motion carried 7-0.
Non-Profit and Commercial Energy Efficiency Revolving Loan Fund: City Manager
recommending approval of an agreement with ECIA Business Growth to administer the City’s
Non-Profit and Commercial Energy Efficiency Revolving Loan Fund program as allocated
through the AARA (Stimulus Package) Energy Efficiency and Conservation Block Grant
(EECBG). Motion by Jones to receive and file the documents and approve the
recommendation. Seconded by Resnick. Motion carried 7-0.
Intermodal Transportation Center Consultant Selection: City Manager recommending
authorization to negotiate a contract with Neumann Monson for Phase II (Design Engineering)
to further investigate the attributes of the Historic Millwork District as a site for the Intermodal
Transportation Center and begin preliminary design. Motion by Lynch to receive and file the
documents and approve the recommendation. Seconded by Connors. Motion carried 7-0.
Bicycle Friendly Community: City Manager recommending the appointment of Planning
Services Manager Laura Carstens as Bicycle Program Manager as part of the application
process to be designated as a Bicycle Friendly Community by the League of American
Bicyclists. Motion by Connors to receive and file the documents and concur with the
recommendation. Seconded by Jones. Motion carried 7-0.
Green Dubuque: City Manager transmitting a communication from Jason Schatz, President
of Green Dubuque, Inc., requesting a City Council work session to present the
recommendations of the Dubuque Community Greenhouse Gas Reduction Task Force. Motion
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by Jones to receive and file the documents and have Office Manager Juanita Hilkin schedule
the work session. Seconded by Connors. Motion carried 7-0.
Sister City Relationships: Mayor Buol submitting the proclamation for establishing an official
Sister City relationship with Dornbirn, Austria. Motion by Lynch to receive and file the
documents and approve the proclamation. Seconded by Braig. Motion carried 7-0.
There being no further business, upon motion the City Council adjourned at 7:16 p.m.
/s/Kevin S. Firnstahl
Acting City Clerk
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